[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3526 Referred in House (RFH)]
2d Session
S. 3526
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2006
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To amend the Indian Land Consolidation Act to modify certain
requirements under that Act.
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 Consolidation Act
Amendments of 2006''.
SEC. 2. DEFINITIONS.
Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201)
is amended--
(1) in paragraph (4)--
(A) by inserting ``(i)'' after ``(4)'';
(B) by striking ```trust or restricted interest in
land' or'' and inserting the following:
``(ii) `trust or restricted interest in land' or''; and
(C) in clause (ii) (as designated by subparagraph
(B)), by striking ``an interest in land, title to
which'' and inserting ``an interest in land, the title
to which interest''; and
(2) by striking paragraph (7) and inserting the following:
``(7) the term `land'--
``(A) means any real property; and
``(B) includes, for purposes of intestate
succession only under section 207(a) and only with
respect to any decedent who dies after July 20, 2007,
the interest of the decedent in any improvements
permanently affixed to a parcel of trust or restricted
lands (subject to any valid mortgage or other interest
in such an improvement) that was owned in whole or in
part by the decedent immediately prior to the death of
the decedent;''.
SEC. 3. DESCENT AND DISTRIBUTION.
Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206)
is amended--
(1) in subsection (a)(2)(D)--
(A) in clause (i), by striking ``clauses (ii)
through (iv)'' and inserting ``clauses (ii) through
(v)''; and
(B) by striking clause (v) and inserting the
following:
``(v) Effect of subparagraph.--Nothing in
this subparagraph limits the right of any
person to devise any trust or restricted
interest pursuant to a valid will in accordance
with subsection (b).'';
(2) in subsection (c)(2), by striking ``the date that is''
and all that follows through the period at the end and
inserting the following: ``July 21, 2007.''; and
(3) in subsection (o)--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting the
clauses appropriately; and
(ii) by striking ``(3)'' and all that
follows through ``No sale'' and inserting the
following:
``(3) Request to purchase; consent requirements; multiple
requests to purchase.--
``(A) In general.--No sale''; and
(iii) by striking the last sentence and
inserting the following:
``(B) Multiple requests to purchase.--Except for
interests purchased pursuant to paragraph (5), if the
Secretary receives a request with respect to an
interest from more than 1 eligible purchaser under
paragraph (2), the Secretary shall sell the interest to
the eligible purchaser that is selected by the
applicable heir, devisee, or surviving spouse.'';
(B) in paragraph (4)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) in subparagraph (B), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (C); and
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``auction and'';
(II) in clause (i), by striking
``and'' at the end;
(III) in clause (ii)--
(aa) by striking
``auction'' and inserting
``sale'';
(bb) by striking ``the
interest passing to such heir
represents'' and inserting ``,
at the time of death of the
applicable decedent, the
interest of the decedent in the
land represented''; and
(cc) by striking the period
at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iii)(I) the Secretary is purchasing the
interest as part of the program authorized
under section 213(a)(1); or
``(II) after receiving a notice under
paragraph (4)(B), the Indian tribe with
jurisdiction over the interest is proposing to
purchase the interest from an heir who is not a
member, and is not eligible to become a member,
of that Indian tribe.'';
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all
that follows through ``such heir'' and
inserting the following:
``(B) Exception; nonapplicability to certain
interests.--
``(i) Exception.--Notwithstanding
subparagraph (A), the consent of the heir or
surviving spouse'';
(II) in clause (i), by inserting
``or surviving spouse'' before ``was
residing''; and
(III) by adding at the end the
following:
``(ii) Nonapplicability to certain
interests.--Subparagraph (A) shall not apply to
any interest in the estate of a decedent who
dies on or before July 20, 2007 (or the last
day of any applicable period of extension
authorized by the Secretary under subparagraph
(C)).''; and
(iii) by adding at the end the following:
``(C) Authority to extend period of
nonapplicability.--The Secretary may extend the period
of nonapplicability under subparagraph (B)(ii) for not
longer than 1 year if, by not later than July 2, 2007,
the Secretary publishes in the Federal Register a
notice of the extension.''.
Passed the Senate September 30 (legislative day, September
29), 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.