[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1481 Enrolled Bill (ENR)]
S.1481
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To amend the Indian Land Consolidation Act to provide for probate
reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Land Probate Reform Technical
Corrections Act of 2005''.
SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.
Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purchase of Land.--
``(1) In general.--Subject to subsection (b), any Indian tribe
may purchase, at not less than fair market value and with the
consent of the owners of the interests, part or all of the
interests in--
``(A) any tract of trust or restricted land within the
boundaries of the reservation of the tribe; or
``(B) land that is otherwise subject to the jurisdiction of
the tribe.
``(2) Required consent.--
``(A) In general.--The Indian tribe may purchase all
interests in a tract described in paragraph (1) with the
consent of the owners of undivided interests equal to at least
50 percent of the undivided interest in the tract.
``(B) Interest owned by tribe.--Interests owned by an
Indian tribe in a tract may be included in the computation of
the percentage of ownership of the undivided interests in that
tract for purposes of determining whether the consent
requirement under subparagraph (A) has been met.'';
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c) (as redesignated by paragraph (2))--
(A) in paragraph (2)--
(i) in subparagraph (G)(ii)(I), by striking ``a higher
valuation of the land'' and inserting ``a value of the land
that is equal to or greater than that of the earlier
appraisal''; and
(ii) in subparagraph (I)(iii)--
(I) in subclause (III), by inserting ``(if any)''
after ``this section''; and
(II) in subclause (IV)--
(aa) in item (aa), by striking ``less'' and
inserting ``more''; and
(bb) in item (bb), by striking ``to implement
this section'' and inserting ``under paragraph
(5)''; and
(B) in paragraph (5), in the second sentence, by striking
``shall'' and inserting ``may''.
SEC. 3. TRIBAL PROBATE CODES.
Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205)
is amended--
(1) in subsection (b)(3), by striking subparagraph (A) and
inserting the following:
``(A) the date that is 1 year after the date on which the
Secretary makes the certification required under section
8(a)(4) of the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108-374); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section'' and all
that follows through ``the Indian tribe'' and inserting
``section 207(b)(2)(A)(ii), the Indian tribe''; and
(B) in paragraph (2)(A)(i)(II)(bb), by inserting ``in
writing'' after ``agrees''.
SEC. 4. DESCENT AND DISTRIBUTION.
(a) In General.--Section 207 of the Indian Land Consolidation Act
(25 U.S.C. 2206) is amended--
(1) by redesignating subsections (h) through (p) as subsections
(g) through (o), respectively;
(2) in subsection (g) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) by inserting ``specifically'' after ``pertains'';
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) the allotted land (or any interest relating to such
land) of 1 or more specific Indian tribes expressly identified
in Federal law, including any of the Federal laws governing the
probate or determination of heirs associated with, or otherwise
relating to, the land, interest in land, or other interests or
assets that are owned by individuals in--
``(i) Five Civilized Tribes restricted fee status; or
``(ii) Osage Tribe restricted fee status.''; and
(B) by adding at the end the following:
``(3) Effect of subsection.--Except to the extent that this Act
otherwise affects the application of a Federal law described in
paragraph (2), nothing in this subsection limits the application of
this Act to trust or restricted land, interests in such land, or
any other trust or restricted interests or assets.'';
(3) in subsection (h) (as redesignated by paragraph (1))--
(A) in paragraph (6), by striking ``(25 U.S.C. 2205)''; and
(B) in paragraph (7), by inserting ``in trust or restricted
status'' after ``testator'';
(4) in subsection (j) (as redesignated by paragraph (1))--
(A) in paragraph (2)(A)--
(i) in clause (ii)(I), by striking ``the date of
enactment of this subparagraph'' and inserting ``the date
that is 1 year after the date on which the Secretary
publishes a notice of certification under section 8(a)(4)
of the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108-374)''; and
(ii) in clause (iii), by striking ``the provisions of
section 207(a)(2)(A)'' and inserting ``subsection
(a)(2)(A)'';
(B) in paragraph (8)(D), by striking ``the provisions of
section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))'' and inserting
``subsection (a)(2)(D)''; and
(C) in paragraph (9)(C)--
(i) by striking ``section 207(e) (25 U.S.C. 2206(e))''
and inserting ``subsection (e)''; and
(ii) by striking ``section 207(p) (25 U.S.C. 2206(p))''
and inserting ``subsection (o)''; and
(5) in subsection (o) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``section 207(a)(2)(A) or (D)'' and inserting
``subparagraph (A) or (D) of subsection (a)(2)''; and
(ii) in subparagraph (A), by striking ``section
207(b)(1)(A)'' and inserting ``subsection (b)(1)(A)'';
(B) in paragraph (3)(B), by striking ``section 207(a)(2)(A)
or (D)'' and inserting ``subparagraph (A) or (D) of subsection
(a)(2)''; and
(C) in paragraph (6)--
(i) in the first sentence, by striking ``Proceeds'' and
inserting the following:
``(A) In general.--Proceeds''; and
(ii) by striking the second sentence and inserting the
following:
``(B) Holding in trust.--Proceeds described in subparagraph
(A) shall be deposited and held in an account as trust
personalty if the interest sold would otherwise pass to--
``(i) the heir, by intestate succession under
subsection (a); or
``(ii) the devisee in trust or restricted status under
subsection (b)(1).''.
(b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa)
of the Indian Land Consolidation Act (25 U.S.C.
2206(a)(2)(D)(iv)(I)(aa)) is amended--
(1) by striking ``clause (iii)'' and inserting ``this
subparagraph''; and
(2) in subitem (BB), by striking ``any co-owner'' and inserting
``not more than 1 co-owner''.
(c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by
striking the subsection heading and inserting the following:
``(c) Joint Tenancy; Right of Survivorship.--''.
(d) Estate Planning Assistance.--Section 207(f)(3) of the Indian
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter
preceding subparagraph (A) by inserting ``, including noncompetitive
grants,'' after ``grants''.
SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.
Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212)
is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';
and
(2) in subsection (a)(1), by striking ``(25 U.S.C. 2206(p))''.
SEC. 6. ESTABLISHING FAIR MARKET VALUE.
Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214)
is amended by striking the last sentence and inserting the following:
``Such a system may govern the amounts offered for the purchase of
interests in trust or restricted land under this Act.''.
SEC. 7. LAND OWNERSHIP INFORMATION.
Section 217(e) of the Indian Land Consolidation Act (25 U.S.C.
2216(e)) is amended by striking ``be made available to'' and inserting
``be made available to--''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Probate Reform.--The American Indian Probate Reform Act of 2004
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
(1) in section 4, by striking ``(as amended by section
6(a)(2))''; and
(2) in section 9, by striking ``section 205(d)(2)(I)(i)'' and
inserting ``section 205(c)(2)(I)(i) of the Indian Land
Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''.
(b) Transfer and Exchange of Land.--Section 4 of the Act of June
18, 1934 (25 U.S.C. 464) is amended to read as follows:
``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF
INDIAN TRIBES AND CORPORATIONS.
``(a) Approval.--Except as provided in this section, no sale,
devise, gift, exchange, or other transfer of restricted Indian land or
shares in the assets of an Indian tribe or corporation organized under
this Act shall be made or approved.
``(b) Transfer to Indian Tribe.--
``(1) In general.--Land or shares described in subsection (a)
may be sold, devised, or otherwise transferred to the Indian tribe
on the reservation of which the land is located, or in the
corporation of which the shares are held or were derived (or a
successor of such a corporation), with the approval of the
Secretary of the Interior.
``(2) Descent and devise.--Land and shares transferred under
paragraph (1) shall descend or be devised to any member of the
Indian tribe or corporation (or an heir of such a member) in
accordance with the Indian Land Consolidation Act (25 U.S.C. 2201
et seq.), including a tribal probate code approved under that Act
(including regulations).
``(c) Voluntary Exchanges.--The Secretary of the Interior may
authorize a voluntary exchange of land or shares described in
subsection (a) that the Secretary determines to be of equal value if
the Secretary determines that the exchange is--
``(1) expedient;
``(2) beneficial for, or compatible with, achieving proper
consolidation of Indian land; and
``(3) for the benefit of cooperative organizations.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall be effective as if included
in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note;
Public Law 108-374).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.