Text: S.1721 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-374 (10/27/2004)

 
[108th Congress Public Law 374]
[From the U.S. Government Printing Office]


[DOCID: f:publ374.108]

[[Page 118 STAT. 1773]]

Public Law 108-374
108th Congress

                                 An Act


 
    To amend the Indian Land Consolidation Act to improve provisions 
    relating to probate of trust and restricted land, and for other 
             purposes. <<NOTE: Oct. 27, 2004 -  [S. 1721]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: American Indian Probate 
Reform Act of 2004.>> assembled,

SECTION 1. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.

    This Act may be cited as the ``American Indian Probate Reform Act of 
2004''.

SEC. 2. <<NOTE: 15 USC 2201 note.>> FINDINGS.

    Congress finds that--
            (1) the Act of February 8, 1887 (commonly known as the 
        ``Indian General Allotment Act'') (25 U.S.C. 331 et seq.), which 
        authorized the allotment of Indian reservations, did not permit 
        Indian allotment owners to provide for the testamentary 
        disposition of the land that was allotted to them;
            (2) that Act provided that allotments would descend 
        according to State law of intestate succession based on the 
        location of the allotment;
            (3) the reliance of the Federal Government on the State law 
        of intestate succession with respect to the descent of 
        allotments has resulted in numerous problems affecting Indian 
        tribes, members of Indian tribes, and the Federal Government, 
        including--
                    (A) the increasingly fractionated ownership of trust 
                and restricted land as that land is inherited by 
                successive generations of owners as tenants in common;
                    (B) the application of different rules of intestate 
                succession to each interest of a decedent in or to trust 
                or restricted land if that land is located within the 
                boundaries of more than 1 State, which application--
                          (i) makes probate planning unnecessarily 
                      difficult; and
                          (ii) impedes efforts to provide probate 
                      planning assistance or advice;
                    (C) the absence of a uniform general probate code 
                for trust and restricted land, which makes it difficult 
                for Indian tribes to work cooperatively to develop 
                tribal probate codes; and
                    (D) the failure of Federal law to address or provide 
                for many of the essential elements of general probate 
                law, either directly or by reference, which--
                          (i) is unfair to the owners of trust and 
                      restricted land (and heirs and devisees of 
                      owners); and

[[Page 118 STAT. 1774]]

                          (ii) makes probate planning more difficult;
            (4) a uniform Federal probate code would likely--
                    (A) reduce the number of fractionated interests in 
                trust or restricted land;
                    (B) facilitate efforts to provide probate planning 
                assistance and advice and create incentives for owners 
                of trust and restricted land to engage in estate 
                planning;
                    (C) facilitate intertribal efforts to produce tribal 
                probate codes in accordance with section 206 of the 
                Indian Land Consolidation Act (25 U.S.C. 2205); and
                    (D) provide essential elements of general probate 
                law that are not applicable on the date of enactment of 
                this Act to interests in trust or restricted land; and
            (5) the provisions of a uniform Federal probate code and 
        other forth in this Act should operate to further the policy of 
        the United States as stated in the Indian Land Consolidated Act 
        Amendments of 2000, Public Law 106-462, 102, November 7, 2000, 
        114 Stat. 1992.

SEC. 3. INDIAN PROBATE REFORM.

    (a) Nontestamentary Disposition.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Nontestamentary Disposition.--
            ``(1) Rules of descent.--Subject to any applicable Federal 
        law relating to the devise or descent of trust or restricted 
        property, any trust or restricted interest in land or interest 
        in trust personalty that is not disposed of by a valid will--
                    ``(A) shall descend according to an applicable 
                tribal probate code approved in accordance with section 
                206; or
                    ``(B) in the case of a trust or restricted interest 
                in land or interest in trust personalty to which a 
                tribal probate code does not apply, shall descend in 
                accordance with--
                          ``(i) paragraphs (2) through (5); and
                          ``(ii) other applicable Federal law.
            ``(2) Rules governing descent of estate.--
                    ``(A) Surviving spouse.--If there is a surviving 
                spouse of the decedent, such spouse shall receive trust 
                and restricted land and trust personalty in the estate 
                as follows:
                          ``(i) If the decedent is survived by 1 or more 
                      eligible heirs described in subparagraph (B) (i), 
                      (ii), (iii), or (iv), the surviving spouse shall 
                      receive \1/3\ of the trust personalty of the 
                      decedent and a life estate without regard to waste 
                      in the interests in trust or restricted lands of 
                      the decedent.
                          ``(ii) If there are no eligible heirs 
                      described in subparagraph (B) (i), (ii), (iii), or 
                      (iv), the surviving spouse shall receive all of 
                      the trust personalty of the decedent and a life 
                      estate without regard to waste in the trust or 
                      restricted lands of the decedent.
                          ``(iii) The remainder shall pass as set forth 
                      in subparagraph (B).
                          ``(iv) Trust personalty passing to a surviving 
                      spouse under the provisions of this subparagraph 
                      shall be maintained by the Secretary in an account 
                      as trust personalty, but only if such spouse is 
                      Indian.

[[Page 118 STAT. 1775]]

                    ``(B) Individual and tribal heirs.--Where there is 
                no surviving spouse of the decedent, or there is a 
                remainder interest pursuant to subparagraph (A), the 
                trust or restricted estate or such remainder shall, 
                subject to subparagraphs (A) and (D), pass as follows:
                          ``(i) To those of the decedent's children who 
                      are eligible heirs (or if 1 or more of such 
                      children do not survive the decedent, the children 
                      of any such deceased child who are eligible heirs, 
                      by right of representation, but only if such 
                      children of the deceased child survive the 
                      decedent) in equal shares.
                          ``(ii) If the property does not pass under 
                      clause (i), to those of the decedent's surviving 
                      great-grandchildren who are eligible heirs, in 
                      equal shares.
                          ``(iii) If the property does not pass under 
                      clause (i) or (ii), to the decedent's surviving 
                      parent who is an eligible heir, and if both 
                      parents survive the decedent and are both eligible 
                      heirs, to both parents in equal shares.
                          ``(iv) If the property does not pass under 
                      clause (i), (ii), or (iii), to those of the 
                      decedent's surviving siblings who are eligible 
                      heirs, in equal shares.
                          ``(v) If the property does not pass under 
                      clause (i), (ii), (iii), or (iv), to the Indian 
                      tribe with jurisdiction over the interests in 
                      trust or restricted lands;
                except that notwithstanding clause (v), an Indian co-
                owner (including the Indian tribe referred to in clause 
                (v)) of a parcel of trust or restricted land may acquire 
                an interest that would otherwise descend under that 
                clause by paying into the estate of the decedent, before 
                the close of the probate of the estate, the fair market 
                value of the interest in the land; if more than 1 Indian 
                co-owner offers to pay for such interest, the highest 
                bidder shall acquire the interest.
                    ``(C) No indian tribe.--
                          ``(i) In general.--If there is no Indian tribe 
                      with jurisdiction over the interests in trust or 
                      restricted lands that would otherwise descend 
                      under subparagraph (B)(v), then such interests 
                      shall be divided equally among co-owners of trust 
                      or restricted interests in the parcel; if there 
                      are no such co-owners, then to the United States, 
                      provided that any such interests in land passing 
                      to the United States under this subparagraph shall 
                      be sold by the Secretary and the proceeds from 
                      such sale deposited into the land acquisition fund 
                      established under section 216 (25 U.S.C. 2215) and 
                      used for the purposes described in subsection (b) 
                      of that section.
                          ``(ii) Contiguous parcel.--If the interests 
                      passing to the United States under this 
                      subparagraph are in a parcel of land that is 
                      contiguous to another parcel of trust or 
                      restricted land, the Secretary shall give the 
                      owner or owners of the trust or restricted 
                      interest in the contiguous parcel the first 
                      opportunity to purchase the interest at not less 
                      than fair market value determined in accordance 
                      with this Act. If more than

[[Page 118 STAT. 1776]]

                      1 such owner in the contiguous parcel request to 
                      purchase the parcel, the Secretary shall sell the 
                      parcel by public auction or sealed bid (as 
                      determined by the Secretary) at not less than fair 
                      market value to the owner of a trust or restricted 
                      interest in the contiguous parcel submitting the 
                      highest bid.
                    ``(D) Intestate descent of small fractional 
                interests in land.--
                          ``(i) General rule.--Notwithstanding 
                      subparagraphs (A) and (B), and subject to any 
                      applicable Federal law, any trust or restricted 
                      interest in land in the decedent's estate that is 
                      not disposed of by a valid will and represents 
                      less than 5 percent of the entire undivided 
                      ownership of the parcel of land of which such 
                      interest is a part, as evidenced by the decedent's 
                      estate inventory at the time of the heirship 
                      determination, shall descend in accordance with 
                      clauses (ii) through (iv).
                          ``(ii) Surviving spouse.--If there is a 
                      surviving spouse, and such spouse was residing on 
                      a parcel of land described in clause (i) at the 
                      time of the decedent's death, the spouse shall 
                      receive a life estate without regard to waste in 
                      the decedent's trust or restricted interest in 
                      only such parcel, and the remainder interest in 
                      that parcel shall pass in accordance with clause 
                      (iii).
                          ``(iii) Single heir rule.--Where there is no 
                      life estate created under clause (ii) or there is 
                      a remainder interest under that clause, the trust 
                      or restricted interest or remainder interest that 
                      is subject to this subparagraph shall descend, in 
                      trust or restricted status, to--
                                    ``(I) the decedent's surviving 
                                child, but only if such child is an 
                                eligible heir; and if 2 or more 
                                surviving children are eligible heirs, 
                                then to the oldest of such children;
                                    ``(II) if the interest does not pass 
                                under subclause (I), the decedent's 
                                surviving grandchild, but only if such 
                                grandchild is an eligible heir; and if 2 
                                or more surviving grandchildren are 
                                eligible heirs, then to the oldest of 
                                such grandchildren;
                                    ``(III) if the interest does not 
                                pass under subclause (I) or (II), the 
                                decedent's surviving great grandchild, 
                                but only if such great grandchild is an 
                                eligible heir; and if 2 or more 
                                surviving great grandchildren are 
                                eligible heirs, then to the oldest of 
                                such great grandchildren;
                                    ``(IV) if the interest does not pass 
                                under subclause (I), (II), or (III), the 
                                Indian tribe with jurisdiction over the 
                                interest; or
                                    ``(V) if the interest does not pass 
                                under subclause (I), (II), or (III), and 
                                there is no such Indian tribe to inherit 
                                the property under subclause (IV), the 
                                interest shall be divided equally among 
                                co-owners of trust or restricted 
                                interests in the parcel; and if there 
                                are no such co-owners, then to the 
                                United States, to be sold, and the 
                                proceeds from

[[Page 118 STAT. 1777]]

                                sale used, in the same manner provided 
                                in subparagraph (C).
                The determination of which person is the oldest eligible 
                heir for inheritance purposes under this clause shall be 
                made by the Secretary in the decedent's probate 
                proceeding and shall be consistent with the provisions 
                of this Act.
                          ``(iv) Exceptions.--Notwithstanding clause 
                      (iii)--
                                    ``(I)(aa) the heir of an interest 
                                under clause (iii), unless the heir is a 
                                minor or incompetent person, may agree 
                                in writing entered into the record of 
                                the decedent's probate proceeding to 
                                renounce such interest, in trust or 
                                restricted status, in favor of--
                                            ``(AA) any other eligible 
                                        heir or Indian person related to 
                                        the heir by blood, but in any 
                                        case never in favor of more than 
                                        1 such heir or person;
                                            ``(BB) any co-owner of 
                                        another trust or restricted 
                                        interest in such parcel of land; 
                                        or
                                            ``(CC) the Indian tribe with 
                                        jurisdiction over the interest, 
                                        if any; and
                                    ``(bb) the Secretary shall give 
                                effect to such agreement in the 
                                distribution of the interest in the 
                                probate proceeding; and
                                    ``(II) the governing body of the 
                                Indian tribe with jurisdiction over an 
                                interest in trust or restricted land 
                                that is subject to the provisions of 
                                this subparagraph may adopt a rule of 
                                intestate descent applicable to such 
                                interest that differs from the order of 
                                decedent set forth in clause 
                                (iii). <<NOTE: Applicability.>> The 
                                Secretary shall apply such rule to the 
                                interest in distributing the decedent's 
                                estate, but only if--
                                            ``(aa) a copy of the tribal 
                                        rule is delivered to the 
                                        official designated by the 
                                        Secretary to receive copies of 
                                        tribal rules for the purposes of 
                                        this clause;
                                            ``(bb) the tribal rule 
                                        provides for the intestate 
                                        inheritance of such interest by 
                                        no more than 1 heir, so that the 
                                        interest does not further 
                                        fractionate;
                                            ``(cc) the tribal rule does 
                                        not apply to any interest 
                                        disposed of by a valid will;
                                            ``(dd) the decedent died on 
                                        or after the date described in 
                                        subsection (b) of section 8 of 
                                        the American Indian Probate Act 
                                        of 2004, or on or after the date 
                                        on which a copy of the tribal 
                                        rule was delivered to the 
                                        Secretary pursuant to item (aa), 
                                        whichever is later; and
                                            
                                        ``(ee) <<NOTE: Deadline.>> the 
                                        Secretary does not make a 
                                        determination within 90 days 
                                        after a copy of the tribal rule 
                                        is delivered pursuant to item 
                                        (aa) that the rule would be 
                                        unreasonably difficult to 
                                        administer or does not conform 
                                        with the requirements in item 
                                        (bb) or (cc).
                          ``(v) Rule of construction.--This subparagraph 
                      shall not be construed to limit a person's right 
                      to

[[Page 118 STAT. 1778]]

                      devise any trust or restricted interest by way of 
                      a valid will in accordance with subsection (b).
            ``(3) Right of representation.--If, under this subsection, 
        all or any part of the estate of a decedent is to pass to 
        children of a deceased child by right of representation, that 
        part is to be divided into as many equal shares as there are 
        living children of the decedent and pre-deceased children who 
        left issue who survive the decedent. Each living child of the 
        decedent, if any, shall receive 1 share, and the share of each 
        pre-deceased child shall be divided equally among the pre-
        deceased child's children.
            ``(4) Special rule relating to survival.--In the case of 
        intestate succession under this subsection, if an individual 
        fails to survive the decedent by at least 120 hours, as 
        established by clear and convincing evidence--
                    ``(A) the individual shall be deemed to have 
                predeceased the decedent for the purpose of intestate 
                succession; and
                    ``(B) the heirs of the decedent shall be determined 
                in accordance with this section.
            ``(5) Status of inherited interests.--Except as provided in 
        paragraphs (2) (A) and (D) regarding the life estate of a 
        surviving spouse, a trust or restricted interest in land or 
        trust personalty that descends under the provisions of this 
        subsection shall vest in the heir in the same trust or 
        restricted status as such interest was held immediately prior to 
        the decedent's death.''.

    (b) Testamentary Disposition.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended by striking subsection (b) 
and inserting the following:
    ``(b) Testamentary Disposition.--
            ``(1) General devise of an interest in trust or restricted 
        land.--
                    ``(A) In general.--Subject to any applicable Federal 
                law relating to the devise or descent of trust or 
                restricted land, or a tribal probate code approved by 
                the Secretary in accordance with section 206, the owner 
                of a trust or restricted interest in land may devise 
                such interest to--
                          ``(i) any lineal descendant of the testator;
                          ``(ii) any person who owns a preexisting 
                      undivided trust or restricted interest in the same 
                      parcel of land;
                          ``(iii) the Indian tribe with jurisdiction 
                      over the interest in land; or
                          ``(iv) any Indian;
                in trust or restricted status.
                    ``(B) Rules of interpretation.--Any devise of a 
                trust or restricted interest in land pursuant to 
                subparagraph (A) to an Indian or the Indian tribe with 
                jurisdiction over the interest shall be deemed to be a 
                devise of the interest in trust or restricted status. 
                Any devise of a trust or restricted interest in land to 
                a person who is only eligible to be a devisee under 
                clause (i) or (ii) of subparagraph (A) shall be presumed 
                to be a devise of the interest in trust or restricted 
                status unless language in such devise clearly evidences 
                an intent on the part of the testator that the interest 
                is to pass as a life estate or fee interest in 
                accordance with paragraph (2)(A).

[[Page 118 STAT. 1779]]

            ``(2) Devise of trust or restricted land as a life estate or 
        in fee.--
                    ``(A) In general.--Except as provided under any 
                applicable Federal law, any trust or restricted interest 
                in land that is not devised in accordance with paragraph 
                (1)(A) may be devised only--
                          ``(i) as a life estate to any person, with the 
                      remainder being devised only in accordance with 
                      subparagraph (B) or paragraph (1); or
                          ``(ii) except as provided in subparagraph (B), 
                      as a fee interest without Federal restrictions 
                      against alienation to any person who is not 
                      eligible to be a devisee under clause (iv) of 
                      paragraph (1)(A).
                    ``(B) Indian reorganization act lands.--Any interest 
                in trust or restricted land that is subject to section 4 
                of the Act of June 18, 1934 (25 U.S.C. 464), may be 
                devised only in accordance with--
                          ``(i) that section;
                          ``(ii) subparagraph (A)(i); or
                          ``(iii) paragraph (1)(A);
                provided that nothing in this section or in section 4 of 
                the Act of June 18, 1934 (25 U.S.C. 464), shall be 
                construed to authorize the devise of any interest in 
                trust or restricted land that is subject to section 4 of 
                that Act to any person as a fee interest under 
                subparagraph (A)(ii).
            ``(3) General devise of an interest in trust personalty.--
                    ``(A) Trust personality defined.--The term `trust 
                personalty' as used in this section includes all funds 
                and securities of any kind which are held in trust in an 
                individual Indian money account or otherwise supervised 
                by the Secretary.
                    ``(B) In general.--Subject to any applicable Federal 
                law relating to the devise or descent of such trust 
                personalty, or a tribal probate code approved by the 
                Secretary in accordance with section 206, the owner of 
                an interest in trust personalty may devise such an 
                interest to any person or entity.
                    ``(C) Maintenance as trust personalty.--In the case 
                of a devise of an interest in trust personalty to a 
                person or Indian tribe eligible to be a devisee under 
                paragraph (1)(A), the Secretary shall maintain and 
                continue to manage such interests as trust personalty.
                    ``(D) Direct disbursement and distribution.--In the 
                case of a devise of an interest in trust personalty to a 
                person or Indian tribe not eligible to be a devisee 
                under paragraph (1)(A), the Secretary shall directly 
                disburse and distribute such personalty to the devisee.
            ``(4) Invalid devises and wills.--
                    ``(A) Land.--Any trust or restricted interest in 
                land that is not devised in accordance with paragraph 
                (1) or (2) or that is not disposed of by a valid will 
                shall descend in accordance with the applicable law of 
                intestate succession as provided for in subsection (a).
                    ``(B) Personalty.--Any trust personalty that is not 
                disposed of by a valid will shall descend in accordance

[[Page 118 STAT. 1780]]

                with the applicable law of intestate succession as 
                provided for in subsection (a).''.

    (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 
all that follows the heading, ``Joint Tenancy; Right of Survivorship'', 
and inserting the following:
            ``(1) Presumption of joint tenancy.--If a testator devises 
        trust or restricted interests in the same parcel of land to more 
        than 1 person, in the absence of clear and express language in 
        the devise stating that the interest is to pass to the devisees 
        as tenants in common, the devise shall be presumed to create a 
        joint tenancy with the right of survivorship in the interests 
        involved.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        devise of an interest in trust or restricted land where the will 
        in which such devise is made was executed prior to the date that 
        is 1 year after the date on which the Secretary publishes the 
        certification required by section 8(a)(4) of the American Indian 
        Probate Reform Act of 2004.''.

    (d) Rule of Construction.--Section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206) is amended by adding at the end the 
following:
    ``(h) Applicable Federal Law.--
            ``(1) In general.--Any references in subsections (a) and (b) 
        to applicable Federal law include--
                    ``(A) Public Law 91-627 (84 Stat. 1874);
                    ``(B) Public Law 92-377 (86 Stat. 530);
                    ``(C) Public Law 92-443 (86 Stat. 744);
                    ``(D) Public Law 96-274 (94 Stat. 537); and
                    ``(E) Public Law 98-513 (98 Stat. 2411).
            ``(2) No effect on laws.--Nothing in this Act amends or 
        otherwise affects the application of any law described in 
        paragraph (1), or any other Federal law that pertains to--
                    ``(A) trust or restricted land located on 1 or more 
                specific Indian reservations that are expressly 
                identified in such law; or
                    ``(B) the allotted lands of 1 or more specific 
                Indian tribes that are expressly identified in such law.

    ``(i) Rules of Interpretation.--In the absence of a contrary intent, 
and except as otherwise provided under this Act, applicable Federal law, 
or a tribal probate code approved by the Secretary pursuant to section 
206, wills shall be construed as to trust and restricted land and trust 
personalty in accordance with the following rules:
            ``(1) Construction <<NOTE: Applicability.>> that will passes 
        all property.--A will shall be construed to apply to all trust 
        and restricted land and trust personalty which the testator 
        owned at his death, including any such land or personalty 
        acquired after the execution of his will.
            ``(2) Class gifts.--
                    ``(A) No differentiation between relationship by 
                blood and relationship by affinity.--Terms of 
                relationship that do not differentiate relationships by 
                blood from those by affinity, such as `uncles', `aunts', 
                `nieces', or `nephews', are construed to exclude 
                relatives by affinity. Terms of relationship that do not 
                differentiate relationships by the half blood from those 
                by the whole blood, such

[[Page 118 STAT. 1781]]

                as `brothers', `sisters', `nieces', or `nephews', are 
                construed to include both types of relationships.
                    ``(B) Meaning of `heirs' and `next of kin', etc.; 
                time of ascertaining class.--A devise of trust or 
                restricted interest in land or an interest in trust 
                personalty to the testator's or another designated 
                person's `heirs', `next of kin', `relatives', or 
                `family' shall mean those persons, including the spouse, 
                who would be entitled to take under the provisions of 
                this Act for nontestamentary disposition. The class is 
                to be ascertained as of the date of the testator's 
                death.
                    ``(C) Time for ascertaining class.--In construing a 
                devise to a class other than a class described in 
                subparagraph (B), the class shall be ascertained as of 
                the time the devise is to take effect in enjoyment. The 
                surviving issue of any member of the class who is then 
                dead shall take by right of representation the share 
                which their deceased ancestor would have taken.
            ``(3) Meaning of `die without issue' and similar phrases.--
        In any devise under this chapter, the words `die without issue', 
        `die without leaving issue', `have no issue', or words of a 
        similar import shall be construed to mean that an individual had 
        no lineal descendants in his lifetime or at his death, and not 
        that there will be no lineal descendants at some future time.
            ``(4) Persons born out of wedlock.--In construing provisions 
        of this chapter relating to lapsed and void devises, and in 
        construing a devise to a person or persons described by 
        relationship to the testator or to another, a person born out of 
        wedlock shall be considered the child of the natural mother and 
        also of the natural father.
            ``(5) Lapsed devises.--Subject to the provisions of 
        subsection (b), where the testator devises or bequeaths a trust 
        or restricted interest in land or trust personalty to the 
        testator's grandparents or to the lineal descendent of a 
        grandparent, and the devisee or legatee dies before the testator 
        leaving lineal descendents, such descendents shall take the 
        interest so devised or bequeathed per stirpes.
            ``(6) Void devises.--Except as provided in paragraph (5), 
        and if the disposition shall not be otherwise expressly provided 
        for by a tribal probate code approved under section 206 (25 
        U.S.C. 2205), if a devise other than a residuary devise of a 
        trust or restricted interest in land or trust personalty fails 
        for any reason, such interest shall become part of the residue 
        and pass, subject to the provisions of subsection (b), to the 
        other residuary devisees, if any, in proportion to their 
        respective shares or interests in the residue.
            ``(7) Family cemetery plot.--If a family cemetery plot owned 
        by the testator at his decease is not mentioned in the 
        decedent's will, the ownership of the plot shall descend to his 
        heirs as if he had died intestate.

    ``(j) Heirship by Killing.--
            ``(1) Heir by killing defined.--As used in this subsection, 
        `heir by killing' means any person who knowingly participates, 
        either as a principal or as an accessory before the fact, in the 
        willful and unlawful killing of the decedent.

[[Page 118 STAT. 1782]]

            ``(2) No acquisition of property by killing.--Subject to any 
        applicable Federal law relating to the devise or descent of 
        trust or restricted land, no heir by killing shall in any way 
        acquire any trust or restricted interests in land or interests 
        in trust personalty as the result of the death of the decedent, 
        but such property shall pass in accordance with this subsection.
            ``(3) Descent, distribution, and right of survivorship.--The 
        heir by killing shall be deemed to have predeceased the decedent 
        as to decedent's trust or restricted interests in land or trust 
        personalty which would have passed from the decedent or his 
        estate to such heir--
                    ``(A) under intestate succession under this section;
                    ``(B) under a tribal probate code, unless otherwise 
                provided for;
                    ``(C) as the surviving spouse;
                    ``(D) by devise;
                    ``(E) as a reversion or a vested remainder;
                    ``(F) as a survivorship interest; and
                    ``(G) as a contingent remainder or executory or 
                other future interest.
            ``(4) Joint tenants, joint owners, and joint obligees.--
                    ``(A) Any trust or restricted land or trust 
                personalty held by only the heir by killing and the 
                decedent as joint tenants, joint owners, or joint 
                obligees shall pass upon the death of the decedent to 
                his or her estate, as if the heir by killing had 
                predeceased the decedent.
                    ``(B) As to trust or restricted land or trust 
                personalty held jointly by 3 or more persons, including 
                both the heir by killing and the decedent, any income 
                which would have accrued to the heir by killing as a 
                result of the death of the decedent shall pass to the 
                estate of the decedent as if the heir by killing had 
                predeceased the decedent and any surviving joint 
                tenants.
                    ``(C) Notwithstanding any other provision of this 
                subsection, the decedent's trust or restricted interest 
                land or trust personalty that is held in a joint tenancy 
                with the right of survivorship shall be severed from the 
                joint tenancy as though the property held in the joint 
                tenancy were to be severed and distributed equally among 
                the joint tenants and the decedent's interest shall pass 
                to his estate; the remainder of the interests shall 
                remain in joint tenancy with right of survivorship among 
                the surviving joint tenants.
            ``(5) Life estate for the life of another.--If the estate is 
        held by a third person whose possession expires upon the death 
        of the decedent, it shall remain in such person's hands for the 
        period of time following the decedent's death equal to the life 
        expectancy of the decedent but for the killing.
            ``(6) Preadjudication rule.--
                    ``(A) In general.--If a person has been charged, 
                whether by indictment, information, or otherwise by the 
                United States, a tribe, or any State, with voluntary 
                manslaughter or homicide in connection with a decedent's 
                death, then any and all trust or restricted land or 
                trust personalty that would otherwise pass to that 
                person from the decedent's estate shall not pass or be 
                distributed by

[[Page 118 STAT. 1783]]

                the Secretary until the charges have been resolved in 
                accordance with the provisions of this paragraph.
                    ``(B) Dismissal or withdrawal.--Upon dismissal or 
                withdrawal of the charge, or upon a verdict of not 
                guilty, such land and personalty shall pass as if no 
                charge had been filed or made.
                    ``(C) Conviction.--Upon conviction of such person, 
                and the exhaustion of all appeals, if any, the trust and 
                restricted land and trust personalty in the estate shall 
                pass in accordance with this subsection.
            ``(7) Broad construction; policy of subsection.--This 
        subsection shall not be considered penal in nature, but shall be 
        construed broadly in order to effect the policy that no person 
        shall be allowed to profit by his own wrong, wherever committed.

    ``(k) General Rules Governing Probate.--
            ``(1) Scope.--Except as provided under applicable Federal 
        law or a tribal probate code approved under section 206, the 
        provisions of this subsection shall govern the probate of 
        estates containing trust and restricted interests in land or 
        trust personalty.
            ``(2) Pretermitted spouses and children.--
                    ``(A) Spouses.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), if the surviving spouse of a testator 
                      married the testator after the testator executed 
                      the will of the testator, the surviving spouse 
                      shall receive the intestate share in the 
                      decedent's trust or restricted land and trust 
                      personalty that the spouse would have received if 
                      the testator had died intestate.
                          ``(ii) Exception.--Clause (i) shall not apply 
                      to a trust or restricted interest land where--
                                    ``(I) the will of a testator is 
                                executed before the date of enactment of 
                                this subparagraph;
                                    ``(II)(aa) the spouse of a testator 
                                is a non-Indian; and
                                    ``(bb) the testator devised the 
                                interests in trust or restricted land of 
                                the testator to 1 or more Indians;
                                    ``(III) it appears, based on an 
                                examination of the will or other 
                                evidence, that the will was made in 
                                contemplation of the marriage of the 
                                testator to the surviving spouse;
                                    ``(IV) the will expresses the 
                                intention that the will is to be 
                                effective notwithstanding any subsequent 
                                marriage; or
                                    ``(V)(aa) the testator provided for 
                                the spouse by a transfer of funds or 
                                property outside the will; and
                                    ``(bb) an intent that the transfer 
                                be in lieu of a testamentary provision 
                                is demonstrated by statements of the 
                                testator or through a reasonable 
                                inference based on the amount of the 
                                transfer or other evidence.
                          ``(iii) Spouses married at the time of the 
                      will.--Should the surviving spouse of the testator 
                      be omitted from the will of the testator, the 
                      surviving spouse

[[Page 118 STAT. 1784]]

                      shall be treated, for purposes of trust or 
                      restricted land or trust personalty in the 
                      testator's estate, in accordance with the 
                      provisions of section 207(a)(2)(A), as though 
                      there was no will but only if--
                                    ``(I) the testator and surviving 
                                spouse were continuously married without 
                                legal separation for the 5-year period 
                                preceding the decedent's death;
                                    ``(II) the testator and surviving 
                                spouse have a surviving child who is the 
                                child of the testator;
                                    ``(III) the surviving spouse has 
                                made substantial payments toward the 
                                purchase of, or improvements to, the 
                                trust or restricted land in such estate; 
                                or
                                    ``(IV) the surviving spouse is under 
                                a binding obligation to continue making 
                                loan payments for the trust or 
                                restricted land for a substantial period 
                                of time;
                      except that, if there is evidence that the 
                      testator adequately provided for the surviving 
                      spouse and any minor children by a transfer of 
                      funds or property outside of the will, this clause 
                      shall not apply.
                    ``(B) Children.--
                          ``(i) In general.--If a testator executed the 
                      will of the testator before the birth or adoption 
                      of 1 or more children of the testator, and the 
                      omission of the children from the will is a 
                      product of inadvertence rather than an intentional 
                      omission, the children shall share in the trust or 
                      restricted interests in land and trust personalty 
                      as if the decedent had died intestate.
                          ``(ii) Adopted heirs.--Any person recognized 
                      as an heir by virtue of adoption under the Act of 
                      July 8, 1940 (25 U.S.C. 372a), shall be treated as 
                      the child of a decedent under this subsection.
                          ``(iii) Adopted-out children.--
                                    ``(I) In general.--For purposes of 
                                this Act, an adopted person shall not be 
                                considered the child or issue of his 
                                natural parents, except in distributing 
                                the estate of a natural kin, other than 
                                the natural parent, who has maintained a 
                                family relationship with the adopted 
                                person. If a natural parent shall have 
                                married the adopting parent, the adopted 
                                person for purposes of inheritance by, 
                                from and through him shall also be 
                                considered the issue of such natural 
                                parent.
                                    ``(II) Eligible heir pursuant to 
                                other federal law or tribal law.--
                                Notwithstanding the provisions of 
                                subparagraph (B)(iii)(I), other Federal 
                                laws and laws of the Indian tribe with 
                                jurisdiction over the trust or 
                                restricted interest in land may 
                                otherwise define the inheritance rights 
                                of adopted-out children.
            ``(3) Divorce.--
                    ``(A) Surviving spouse.--
                          ``(i) In general.--An individual who is 
                      divorced from a decedent, or whose marriage to the 
                      decedent has been annulled, shall not be 
                      considered to be a surviving spouse unless, by 
                      virtue of a subsequent

[[Page 118 STAT. 1785]]

                      marriage, the individual is married to the 
                      decedent at the time of death of the decedent.
                          ``(ii) Separation.--A decree of separation 
                      that does not dissolve a marriage, and terminate 
                      the status of husband and wife, shall not be 
                      considered a divorce for the purpose of this 
                      subsection.
                          ``(iii) No effect on adjudications.--Nothing 
                      in clause (i) shall prevent the Secretary from 
                      giving effect to a property right settlement 
                      relating to a trust or restricted interest in land 
                      or an interest in trust personalty if 1 of the 
                      parties to the settlement dies before the issuance 
                      of a final decree dissolving the marriage of the 
                      parties to the property settlement.
                    ``(B) Effect of subsequent divorce on a will or 
                devise.--
                          ``(i) In general.--If, after executing a will, 
                      a testator is divorced or the marriage of the 
                      testator is annulled, as of the effective date of 
                      the divorce or annulment, any disposition of trust 
                      or restricted interests in land or of trust 
                      personalty made by the will to the former spouse 
                      of the testator shall be considered to be revoked 
                      unless the will expressly provides otherwise.
                          ``(ii) Property.--Property that is prevented 
                      from passing to a former spouse of a decedent 
                      under clause (i) shall pass as if the former 
                      spouse failed to survive the decedent.
                          ``(iii) Provisions of wills.--Any provision of 
                      a will that is considered to be revoked solely by 
                      operation of this subparagraph shall be revived by 
                      the remarriage of a testator to the former spouse 
                      of the testator.
            ``(4) After-born heirs.--A child in gestation at the time of 
        decedent's death will be treated as having survived the decedent 
        if the child lives at least 120 hours after its birth.
            ``(5) Advancements of trust personalty during lifetime; 
        effect on distribution of estate.--
                    ``(A) The trust personalty of a decedent who dies 
                intestate as to all or a portion of his or her estate, 
                given during the decedent's lifetime to a person 
                eligible to be an heir of the decedent under subsection 
                (b)(2)(B), shall be treated as an advancement against 
                the heir's inheritance, but only if the decedent 
                declared in a contemporaneous writing, or the heir 
                acknowledged in writing, that the gift is an advancement 
                or is to be taken into account in computing the division 
                and distribution of the decedent's intestate estate.
                    ``(B) For the purposes of this section, trust 
                personalty advanced during the decedent's lifetime is 
                valued as of the time the heir came into possession or 
                enjoyment of the property or as of the time of the 
                decedent's death, whichever occurs first.
                    ``(C) If the recipient of the trust personalty 
                predeceases the decedent, the property shall not be 
                treated as an advancement or taken into account in 
                computing the division and distribution of the 
                decedent's intestate estate unless the decedent's 
                contemporaneous writing provides otherwise.

[[Page 118 STAT. 1786]]

            ``(6) Heirs related to decedent through 2 lines; single 
        share.--A person who is related to the decedent through 2 lines 
        of relationship is entitled to only a single share of the trust 
        or restricted land or trust personalty in the decedent's estate 
        based on the relationship that would entitle such person to the 
        larger share.
            ``(7) Notice.--
                    ``(A) In general.--To the maximum extent 
                practicable, the Secretary shall notify each owner of 
                trust and restricted land of the provisions of this Act.
                    ``(B) Combined notices.--The notice under 
                subparagraph (A) may, at the discretion of the 
                Secretary, be provided with the notice required under 
                subsection (a) of
                section 8 of the American Indian Probate Reform Act of 
                2004.
            ``(8) Renunciation or disclaimer of interests.--
                    ``(A) In general.--Any person 18 years of age or 
                older may renounce or disclaim an inheritance of a trust 
                or restricted interest in land or in trust personalty 
                through intestate succession or devise, either in full 
                or subject to the reservation of a life estate (where 
                the interest is an interest in land), in accordance with 
                subparagraph (B), by filing a signed and acknowledged 
                declaration with the probate decisionmaker prior to 
                entry of a final probate order. No interest so renounced 
                or disclaimed shall be considered to have vested in the 
                renouncing or disclaiming heir or devisee, and the 
                renunciation or disclaimer shall not be considered to be 
                a transfer or gift of the renounced or disclaimed 
                interest.
                    ``(B) Eligible recipients of renounced or disclaimed 
                interests; notice to recipients.--
                          ``(i) Interests in land.--A trust or 
                      restricted interest in land may be renounced or 
                      disclaimed only in favor of--
                                    ``(I) an eligible heir;
                                    ``(II) any person who would have 
                                been eligible to be a devisee of the 
                                interest in question pursuant to 
                                subsection (b)(1)(A) (but only in cases 
                                where the renouncing person is a devisee 
                                of the interest under a valid will); or
                                    ``(III) the Indian tribe with 
                                jurisdiction over the interest in 
                                question;
                      and the interest so renounced shall pass to its 
                      recipient in trust or restricted status.
                          ``(ii) Trust personalty.--An interest in trust 
                      personalty may be renounced or disclaimed in favor 
                      of any person who would be eligible to be a 
                      devisee of such an interest under subsection 
                      (b)(3) and shall pass to the recipient in 
                      accordance with the provisions of that subsection.
                          ``(iii) Unauthorized renunciations and 
                      disclaimers.--Unless renounced or disclaimed in 
                      favor of a person or Indian tribe eligible to 
                      receive the interest in accordance with the 
                      provisions of this subparagraph, a renounced or 
                      disclaimed interest shall pass as if the 
                      renunciation or disclaimer had not been made.

[[Page 118 STAT. 1787]]

                    ``(C) Acceptance of interest.--A renunciation or 
                disclaimer of an interest filed in accordance with this 
                paragraph shall be considered accepted when implemented 
                in a final order by a decisionmaker, and shall 
                thereafter be irrevocable. No renunciation or disclaimer 
                of an interest shall be included in such order unless 
                the recipient of the interest has been given notice of 
                the renunciation or disclaimer and has not refused to 
                accept the interest. All disclaimers and renunciations 
                filed and implemented in probate orders made effective 
                prior to the date of enactment of the American Indian 
                Probate Reform Act of 2004 are hereby ratified.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to allow the renunciation 
                of an interest that is subject to the provisions of 
                section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D)) in favor 
                of more than 1 person.
            ``(9) Consolidation agreements.--
                    ``(A) In general.--During the pendency of probate, 
                the decisionmaker is authorized to approve written 
                consolidation agreements effecting exchanges or gifts 
                voluntarily entered into between the decedent's eligible 
                heirs or devisees, to consolidate interests in any tract 
                of land included in the decedent's trust inventory. Such 
                agreements may provide for the conveyance of interests 
                already owned by such heirs or devisees in such tracts, 
                without having to comply with the Secretary's rules and 
                requirements otherwise applicable to conveyances by deed 
                of trust or restricted interests in land.
                    ``(B) Effective.--An agreement approved under 
                subparagraph (A) shall be considered final when 
                implemented in an order by a decisionmaker. The final 
                probate order shall direct any changes necessary to the 
                Secretary's land records, to reflect and implement the 
                terms of the approved agreement.
                    ``(C) Effect on purchase option at probate.--Any 
                interest in trust or restricted land that is subject to 
                a consolidation agreement under this paragraph or 
                section 207(e) (25 U.S.C. 2206(e)) shall not be 
                available for purchase under section 207(p) (25 U.S.C. 
                2206(p)) unless the decisionmaker determines that the 
                agreement should not be approved.''.
SEC. 4. PARTITION OF HIGHLY FRACTIONATED INDIAN LANDS.

    Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) 
(as amended by section 6(a)(2)) is amended by adding at the end the 
following:
    ``(d) Partition of Highly Fractionated Indian Lands.--
            ``(1) Applicability.--This subsection shall be applicable 
        only to parcels of land (including surface and subsurface 
        interests, except with respect to a subsurface interest that has 
        been severed from the surface interest, in which case this 
        subsection shall apply only to the surface interest) which the 
        Secretary has determined, pursuant to paragraph (2)(B), to be 
        parcels of highly fractionated Indian land.

[[Page 118 STAT. 1788]]

            ``(2) Requirements.--Each partition action under this 
        subsection shall be conducted by the Secretary in accordance 
        with the following requirements:
                    ``(A) Application.--Upon receipt of any payment or 
                bond required under subparagraph (B), the Secretary 
                shall commence a process for partitioning a parcel of 
                land by sale in accordance with the provisions of this 
                subsection upon receipt of an application by--
                          ``(i) the Indian tribe with jurisdiction over 
                      the subject land that owns an undivided interest 
                      in the parcel of land; or
                          ``(ii) any person owning an undivided interest 
                      in the parcel of land who is eligible to bid at 
                      the sale of the parcel pursuant to subclause (II), 
                      (III), or (IV) of subparagraph (I)(i);
                provided that no such application shall be valid or 
                considered if it is received by the Secretary prior to 
                the date that is 1 year after the date on which notice 
                is published pursuant to section 8(a)(4) of the American 
                Indian Probate Reform Act of 2004.
                    ``(B) Costs of serving notice and publication.--The 
                costs of serving and publishing notice under 
                subparagraph (F) shall be borne by the applicant. Upon 
                receiving written notice from the Secretary, the 
                applicant must pay to the Secretary an amount determined 
                by the Secretary to be the estimated costs of such 
                service of notice and publication, or furnish a 
                sufficient bond for such estimated costs within the time 
                stated in the notice, failing which, unless an extension 
                is granted by the Secretary, the Secretary shall not be 
                required to commence the partition process under 
                subparagraph (A) and may deny the application. The 
                Secretary shall have the discretion and authority in any 
                case to waive either the payment or the bond (or any 
                portion of such payment or bond) otherwise required by 
                this subparagraph, upon making a determination that such 
                waiver will further the policies of this Act.
                    ``(C) Determination.--Upon receipt of an application 
                pursuant to subparagraph (A), the Secretary shall 
                determine whether the subject parcel meets the 
                requirements set forth in section 202(6) (25 U.S.C. 
                2201(6)) to be classified as a parcel of highly 
                fractionated Indian land.
                    ``(D) Consent requirements.--
                          ``(i) In general.--A parcel of land may be 
                      partitioned under this subsection only if the 
                      applicant obtains the written consent of--
                                    ``(I) the Indian tribe with 
                                jurisdiction over the subject land if 
                                such Indian tribe owns an undivided 
                                interest in the parcel;
                                    ``(II) any owner who, for the 3-year 
                                period immediately preceding the date on 
                                which the Secretary receives the 
                                application, has
                                            ``(aa) continuously 
                                        maintained a bona fide residence 
                                        on the parcel; or
                                            ``(bb) operated a bona fide 
                                        farm, ranch, or other business 
                                        on the parcel; and
                                    ``(III) the owners (including 
                                parents of minor owners and legal 
                                guardians of incompetent owners)

[[Page 118 STAT. 1789]]

                                of at least 50 percent of the undivided 
                                interests in the parcel, but only in 
                                cases where the Secretary determines 
                                that, based on the final appraisal 
                                prepared pursuant to subparagraph (F), 
                                any 1 owner's total undivided interest 
                                in the parcel (not including the 
                                interest of an Indian tribe or that of 
                                the owner requesting the partition) has 
                                a value in excess of $1,500.
                      Any consent required by this clause must be in 
                      writing and acknowledged before a notary public 
                      (or other official authorized to make 
                      acknowledgments), and shall be approved by 
                      Secretary unless the Secretary has reason to 
                      believe that the consent was obtained as a result 
                      of fraud or undue influence.
                          ``(ii) Consent by the secretary on behalf of 
                      certain individuals.--For the purposes of clause 
                      (i)(III), the Secretary may consent on behalf of--
                                    ``(I) undetermined heirs of trust or 
                                restricted interests and owners of such 
                                interests who are minors and legal 
                                incompetents having no parents or legal 
                                guardian; and
                                    ``(II) missing owners or owners of 
                                trust or restricted interests whose 
                                whereabouts are unknown, but only after 
                                a search for such owners has been 
                                completed in accordance with the 
                                provisions of this subsection.
                    ``(E) Appraisal.--After the Secretary has determined 
                that the subject parcel is a parcel of highly 
                fractionated Indian land pursuant to subparagraph (C), 
                the Secretary shall cause to be made, in accordance with 
                the provisions of this Act for establishing fair market 
                value, an appraisal of the fair market value of the 
                subject parcel.
                    ``(F) Notice to owners on completion of appraisal.--
                Upon completion of the appraisal, the Secretary shall 
                give notice of the requested partition and appraisal to 
                all owners of undivided interests in the parcel, in 
                accordance with principles of due process. Such notice 
                shall include the following requirements:
                          ``(i) Written notice.--The Secretary shall 
                      attempt to give each owner written notice of the 
                      partition action stating the following:
                                    ``(I) That a proceeding to partition 
                                the parcel of land by sale has been 
                                commenced.
                                    ``(II) The legal description of the 
                                subject parcel.
                                    ``(III) The owner's ownership 
                                interest in the subject parcel as 
                                evidenced by the Secretary's records as 
                                of the date that owners are determined 
                                in accordance with clause (ii).
                                    ``(IV) The results of the appraisal.
                                    ``(V) The owner's right to receive a 
                                copy of the appraisal upon written 
                                request.
                                    ``(VI) The owner's right to comment 
                                on or object to the proposed partition 
                                and the appraisal.
                                    ``(VII) That the owner must timely 
                                comment on or object in writing to the 
                                proposed partition or the appraisal, in 
                                order to receive notice of approval of 
                                the appraisal and right to appeal.

[[Page 118 STAT. 1790]]

                                    ``(VIII) <<NOTE: Deadline.>> The 
                                date by which the owner's written 
                                comments or objections must be received, 
                                which shall not be less than 90 days 
                                after the date that the notice is mailed 
                                under this clause or last published 
                                under clause (ii)(II).
                                    ``(IX) The address for requesting 
                                copies of the appraisal and for 
                                submitting written comments or 
                                objections.
                                    ``(X) The name and telephone number 
                                of the official to be contacted for 
                                purposes of obtaining information 
                                regarding the proceeding, including the 
                                time and date of the auction of the land 
                                or the date for submitting sealed bids.
                                    ``(XI) Any other information the 
                                Secretary deems to be appropriate.
                          ``(ii) Manner of service.--
                                    ``(I) Service by certified mail.--
                                The Secretary shall use due diligence to 
                                provide all owners of interests in the 
                                subject parcel, as evidenced by the 
                                Secretary's records at the time of the 
                                determination under subparagraph (C), 
                                with actual notice of the partition 
                                proceedings by mailing a copy of the 
                                written notice described in clause (i) 
                                by certified mail, restricted delivery, 
                                to each such owner at the owner's last 
                                known address. For purposes of this 
                                subsection, owners shall be determined 
                                from the Secretary's land title records 
                                as of the date of the determination 
                                under subparagraph (C) or a date that is 
                                not more than 90 days prior to the date 
                                of mailing under this clause, whichever 
                                is later. In the event the written 
                                notice to an owner is returned 
                                undelivered, the Secretary shall attempt 
                                to obtain a current address for such 
                                owner by conducting a reasonable search 
                                (including a reasonable search of 
                                records maintained by local, State, 
                                Federal and tribal governments and 
                                agencies) and by inquiring with the 
                                Indian tribe with jurisdiction over the 
                                subject parcel, and, if different from 
                                that tribe, the Indian tribe of which 
                                the owner is a member, and, if 
                                successful in locating any such owner, 
                                send written notice by certified mail in 
                                accordance with this subclause.
                                    ``(II) Notice by publication.--The 
                                Secretary shall give notice by 
                                publication of the partition proceedings 
                                to all owners that the Secretary was 
                                unable to serve pursuant to subclause 
                                (I), and to unknown heirs and assigns 
                                by--
                                            
                                        ``(aa) <<NOTE: Newspaper.>> publi
                                        shing the notice described in 
                                        clause (i) at least 2 times in a 
                                        newspaper of general circulation 
                                        in the county or counties where 
                                        the subject parcel of land is 
                                        located or, if there is an 
                                        Indian tribe with jurisdiction 
                                        over the parcel of land and that 
                                        tribe publishes a tribal 
                                        newspaper or newsletter at least 
                                        once every month, 1 time in such 
                                        newspaper of

[[Page 118 STAT. 1791]]

                                        general circulation and 1 time 
                                        in such tribal newspaper or 
                                        newsletter;
                                            ``(bb) posting such notice 
                                        in a conspicuous place in the 
                                        tribal headquarters or 
                                        administration building (or such 
                                        other tribal building determined 
                                        by the Secretary to be most 
                                        appropriate for giving public 
                                        notice) of the Indian tribe with 
                                        jurisdiction over the parcel of 
                                        land, if any; and
                                            ``(cc) in addition to the 
                                        foregoing, in the Secretary's 
                                        discretion, publishing notice in 
                                        any other place or means that 
                                        the Secretary determines to be 
                                        appropriate.
                    ``(G) Review of comments on appraisal.--
                          ``(i) In general.--After reviewing and 
                      considering comments or information timely 
                      submitted by any owner of an interest in the 
                      parcel in response to the notice required under 
                      subparagraph (F), the Secretary may, consistent 
                      with the provisions of this Act for establishing 
                      fair market value--
                                    ``(I) order a new appraisal; or
                                    ``(II) approve the appraisal;
                provided that if the Secretary orders a new appraisal 
                under subclause (I), notice of the new appraisal shall 
                be given as specified in clause (ii).
                          ``(ii) Notice.--Notice shall be given--
                                    ``(I) in accordance with 
                                subparagraph (H), where the new 
                                appraisal results in a higher valuation 
                                of the land; or
                                    ``(II) in accordance with 
                                subparagraph (F)(ii), where the new 
                                appraisal results in a lower valuation 
                                of the land.
                    ``(H) Notice to owners of approval of appraisal and 
                right to appeal.--Upon making the determination under 
                subparagraph (G), the Secretary shall provide to the 
                Indian tribe with jurisdiction over the subject land and 
                to all persons who submitted written comments on or 
                objections to the proposed partition or appraisal, a 
                written notice to be served on such tribe and persons by 
                certified mail. Such notice shall state--
                          ``(i) the results of the appraisal;
                          ``(ii) that the owner has the right to review 
                      a copy of the appraisal upon request;
                          ``(iii) that the land will be sold for not 
                      less than the appraised value, subject to the 
                      consent requirements under paragraph (2)(D);
                          ``(iv) the time of the sale or for submitting 
                      bids under subparagraph (I);
                          ``(v) that the owner has the right, under the 
                      Secretary's regulations governing administrative 
                      appeals, to pursue an administrative appeal from--
                                    ``(I) the determination that the 
                                land may be partitioned by sale under 
                                the provisions of this section; and
                                    ``(II) the Secretary's order 
                                approving the appraisal;

[[Page 118 STAT. 1792]]

                          ``(vi) the date by which an administrative 
                      appeal must be taken, a citation to the provisions 
                      of the Secretary's regulations that will govern 
                      the owner's appeal, and any other information 
                      required by such regulations to be given to 
                      parties affected by adverse decisions of the 
                      Secretary;
                          ``(vii) in cases where the Secretary 
                      determines that any person's undivided trust or 
                      restricted interest in the parcel exceeds $1,500 
                      pursuant to paragraph (2)(D)(iii), that the 
                      Secretary has authority to consent to the 
                      partition on behalf of undetermined heirs of trust 
                      or restricted interests in the parcel and owners 
                      of such interests whose whereabouts are unknown; 
                      and
                          ``(viii) any other information the Secretary 
                      deems to be appropriate.
                    ``(I) Sale to eligible purchaser.--
                          ``(i) In general.--Subject to clauses (ii) and 
                      (iii) and the consent requirements of paragraph 
                      (2)(D), the Secretary shall, after providing 
                      notice to owners under subparagraph (H), including 
                      the time and place of sale or for receiving sealed 
                      bids, at public auction or by sealed bid 
                      (whichever of such methods of sale the Secretary 
                      determines to be more appropriate under the 
                      circumstances) sell the parcel of land by 
                      competitive bid for not less than the final 
                      appraised fair market value to the highest bidder 
                      from among the following eligible bidders:
                                    ``(I) The Indian tribe, if any, with 
                                jurisdiction over the trust or 
                                restricted interests in the parcel being 
                                sold.
                                    ``(II) Any person who is a member, 
                                or is eligible to be a member, of the 
                                Indian tribe described in subclause (I).
                                    ``(III) Any person who is a member, 
                                or is eligible to be a member, of an 
                                Indian tribe but not of the tribe 
                                described in subclause (I), but only if 
                                such person already owns an undivided 
                                interest in the parcel at the time of 
                                sale.
                                    ``(IV) Any lineal descendent of the 
                                original allottee of the parcel who is a 
                                member or is eligible to be a member of 
                                an Indian tribe or, with respect to a 
                                parcel located in the State of 
                                California that is not within an Indian 
                                tribe's reservation or not otherwise 
                                subject to the jurisdiction of an Indian 
                                tribe, who is a member, or eligible to 
                                be a member, of an Indian tribe or owns 
                                a trust or restricted interest in the 
                                parcel.
                          ``(ii) Right to match highest bid.--If the 
                      highest bidder is a person who is only eligible to 
                      bid under clause (i)(III), the Indian tribe that 
                      has jurisdiction over the parcel, if any, shall 
                      have the right to match the highest bid and 
                      acquire the parcel, but only if--
                                    ``(I) prior to the date of the sale, 
                                the governing body of such tribe has 
                                adopted a tribal law or resolution 
                                reserving its right to match the bids of 
                                such nonmember bidders in partition 
                                sales

[[Page 118 STAT. 1793]]

                                under this subsection and delivered a 
                                copy of such law or resolution to the 
                                Secretary; and
                                    ``(II) the parcel is not acquired 
                                under clause (iii).
                          ``(iii) Right to purchase.--Any person who is 
                      a member, or eligible to be a member, of the 
                      Indian tribe with jurisdiction over the trust or 
                      restricted interests in the parcel being sold and 
                      is, as of the time of sale under this 
                      subparagraph, the owner of the largest undivided 
                      interest in the parcel shall have a right to 
                      purchase the parcel by tendering to the Secretary 
                      an amount equal to the highest sufficient bid 
                      submitted at the sale, less that amount of the bid 
                      attributable to such owner's share, but only if--
                                    ``(I) the owner submitted a 
                                sufficient bid at the sale;
                                    ``(II) the owner's total undivided 
                                interest in the parcel immediately prior 
                                to the sale was--
                                            ``(aa) greater than the 
                                        undivided interest held by any 
                                        other co-owners, except where 
                                        there are 2 or more co-owners 
                                        whose interests are of equal 
                                        size but larger than the 
                                        interests of all other co-owners 
                                        and such owners of the largest 
                                        interests have agreed in writing 
                                        that 1 of them may exercise the 
                                        right of purchase under this 
                                        clause; and
                                            ``(bb) equal to or greater 
                                        than 20 percent of the entire 
                                        undivided ownership of the 
                                        parcel;
                                    
                                ``(III) <<NOTE: Deadline. Notice.>> withi
                                n 3 days following the date of the 
                                auction or for receiving sealed bids, 
                                and in accordance with the regulations 
                                adopted to implement this section, the 
                                owner delivers to the Secretary a 
                                written notice of intent to exercise the 
                                owner's rights under this clause; and
                                    ``(IV) such owner tenders the amount 
                                of the purchase price required under 
                                this clause--
                                            
                                        ``(aa) <<NOTE: Deadline.>> not 
                                        less than 30 days after the date 
                                        of the auction or time for 
                                        receiving sealed bids; and
                                            ``(bb) in accordance with 
                                        any requirements of the 
                                        regulations promulgated to 
                                        implement this section.
                          ``(iv) Interest acquired.--A purchaser of a 
                      parcel of land under this subparagraph shall 
                      acquire title to the parcel in trust or restricted 
                      status, free and clear of any and all claims of 
                      title or ownership of all persons or entities (not 
                      including the United States) owning or claiming to 
                      own an interest in such parcel prior to the time 
                      of sale.
                    ``(J) Proceeds of sale.--
                          ``(i) Subject to clauses (ii) and (iii), the 
                      Secretary shall distribute the proceeds of sale of 
                      a parcel of land under the provisions of this 
                      section to the owners of interests in such parcel 
                      in proportion to their respective ownership 
                      interests.

[[Page 118 STAT. 1794]]

                          ``(ii) Proceeds attributable to the sale of 
                      trust or restricted interests shall be maintained 
                      in accounts as trust personalty.
                          ``(iii) Proceeds attributable to the sale of 
                      interests of owners whose whereabouts are unknown, 
                      of undetermined heirs, and of other persons whose 
                      ownership interests have not been recorded shall 
                      be held by the Secretary until such owners, heirs, 
                      or other persons have been determined, at which 
                      time such proceeds shall be distributed in 
                      accordance with clauses (i) and (ii).
                    ``(K) Lack of bids or consent.--
                          ``(i) Lack of bids.--If no bidder described in 
                      subparagraph (I) presents a bid that equals or 
                      exceeds the final appraised value, the Secretary 
                      may either--
                                    ``(I) purchase the parcel of land 
                                for its appraised fair market value on 
                                behalf of the Indian tribe with 
                                jurisdiction over the land, subject to 
                                the lien and procedures provided under 
                                section 214(b) (25 U.S.C. 2213(b)); or
                                    ``(II) terminate the partition 
                                process.
                          ``(ii) Lack of consent.--If an applicant fails 
                      to obtain any applicable consent required under 
                      the provisions of subparagraph (D) by the date 
                      established by the Secretary prior to the proposed 
                      sale, the Secretary may either extend the time for 
                      obtaining any such consent or deny the request for 
                      partition.
            ``(3) Enforcement.--
                    ``(A) In general.--If a partition is approved under 
                this subsection and an owner of an interest in the 
                parcel of land refuses to surrender possession in 
                accordance with the partition decision, or refuses to 
                execute any conveyance necessary to implement the 
                partition, then any affected owner or the United States 
                may--
                          ``(i) commence a civil action in the United 
                      States district court for the district in which 
                      the parcel of land is located; and
                          ``(ii) request that the court issue an order 
                      for ejectment or any other appropriate remedy 
                      necessary for the partition of the land by sale.
                    ``(B) Federal role.--With respect to any civil 
                action brought under subparagraph (A)--
                          ``(i) the United States--
                                    ``(I) <<NOTE: Notice.>> shall 
                                receive notice of the civil action; and
                                    ``(II) may be a party to the civil 
                                action; and
                          ``(ii) the civil action shall not be 
                      dismissed, and no relief requested shall be 
                      denied, on the ground that the civil action is 
                      against the United States or that the United 
                      States is a necessary and indispensable party.
            ``(4) Grants and loans.--The Secretary may provide grants 
        and low interest loans to successful bidders at sales authorized 
        by this subsection, provided that--
                    ``(A) the total amount of such assistance in any 
                such sale shall not exceed 20 percent of the appraised 
                value of the parcel of land sold; and

[[Page 118 STAT. 1795]]

                    ``(B) the grant or loan funds provided shall only be 
                applied toward the purchase price of the parcel of land 
                sold.
            ``(5) Regulations.--The Secretary is authorized to adopt 
        such regulations as may be necessary to implement the provisions 
        of this subsection. Such regulations shall include provisions 
        for giving notice of sales to prospective purchasers eligible to 
        submit bids at sales conducted under paragraph (2)(I).''.

SEC. 5. OWNER-MANAGED INTERESTS.

    The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) is 
amended by adding at the end the following:

``SEC. 221. <<NOTE: 25 USC 2220.>> OWNER-MANAGED INTERESTS.

    ``(a) Purpose.--The purpose of this section is to provide a means 
for the co-owners of trust or restricted interests in a parcel of land 
to enter into surface leases of such parcel for certain purposes without 
approval of the Secretary.
    ``(b) Mineral Interests.--Nothing in this section shall be construed 
to limit or otherwise affect the application of any Federal law 
requiring the Secretary to approve mineral leases or other agreements 
for the development of the mineral interest in trust or restricted land.
    ``(c) Owner Management.--
            ``(1) In general.--Notwithstanding any provision of Federal 
        law requiring the Secretary to approve individual Indian leases 
        of individual Indian trust or restricted land, where the owners 
        of all of the undivided trust or restricted interests in a 
        parcel of land have submitted applications to the Secretary 
        pursuant to subsection (a), and the Secretary has approved such 
        applications under subsection (d), such owners may, without 
        further approval by the Secretary, enter into a lease of the 
        parcel for agricultural purposes for a term not to exceed 10 
        years.
            ``(2) Rule of construction.--No such lease shall be 
        effective until it has been executed by the owners of all 
        undivided trust or restricted interests in the parcel.

    ``(d) Approval of Applications for Owner Management.--
            ``(1) In general.--Subject to the provisions of paragraph 
        (2), the Secretary shall approve an application for owner 
        management submitted by a qualified applicant pursuant to this 
        section unless the Secretary has reason to believe that the 
        applicant is submitting the application as the result of fraud 
        or undue influence. No such application shall be valid or 
        considered if it is received by the Secretary prior to the date 
        that is 1 year after the date on which notice is published 
        pursuant to section 8(a)(4) of the American Indian Probate 
        Reform Act of 2004.
            ``(2) Commencement of owner-managed status.--Notwithstanding 
        the approval of 1 or more applications pursuant to paragraph 
        (1), no trust or restricted interest in a parcel of land shall 
        acquire owner-managed status until applications for all of the 
        trust or restricted interests in such parcel of land have been 
        submitted to and approved by the Secretary pursuant to this 
        section.

    ``(e) Validity of Leases.--No lease of trust or restricted interests 
in a parcel of land that is owner-managed under this section shall be 
valid or enforceable against the owners of such

[[Page 118 STAT. 1796]]

interests, or against the land, the interest or the United States, 
unless such lease--
            ``(1) is consistent with, and entered into in accordance 
        with, the requirements of this section; or
            ``(2) has been approved by the Secretary in accordance with 
        other Federal laws applicable to the leasing of trust or 
        restricted land.

    ``(f) Lease Revenues.--The Secretary shall not be responsible for 
the collection of, or accounting for, any lease revenues accruing to any 
interests under a lease authorized by subsection (e), so long as such 
interest is in owner-managed status under the provisions of this 
section.
    ``(g) Jurisdiction.--
            ``(1) Jurisdiction unaffected by status.--The Indian tribe 
        with jurisdiction over an interest in trust or restricted land 
        that becomes owner-managed pursuant to this section shall 
        continue to have jurisdiction over the interest to the same 
        extent and in all respects that such tribe had prior to the 
        interest acquiring owner-managed status.
            ``(2) Persons using land.--Any person holding, leasing, or 
        otherwise using such interest in land shall be considered to 
        consent to the jurisdiction of the Indian tribe referred to in 
        paragraph (1), including such tribe's laws and regulations, if 
        any, relating to the use, and any effects associated with the 
        use, of the interest.

    ``(h) Continuation of Owner-Managed Status; Revocation.--
            ``(1) In general.--Subject to the provisions of paragraph 
        (2), after the applications of the owners of all of the trust or 
        restricted interests in a parcel of land have been approved by 
        the Secretary pursuant to subsection (d), each such interest 
        shall continue in owner-managed status under this section 
        notwithstanding any subsequent conveyance of the interest in 
        trust or restricted status to another person or the subsequent 
        descent of the interest in trust or restricted status by testate 
        or intestate succession to 1 or more heirs.
            ``(2) Revocation.--Owner-managed status of an interest may 
        be revoked upon written request of the owners (including the 
        parents or legal guardians of minors or incompetent owners) of 
        all trust or restricted interests in the parcel, submitted to 
        the Secretary in accordance with regulations adopted under 
        subsection (l). The revocation shall become effective as of the 
        date on which the last of all such requests has been delivered 
        to the Secretary.
            ``(3) Effect of revocation.--Revocation of owner-managed 
        status under paragraph (2) shall not affect the validity of any 
        lease made in accordance with the provisions of this section 
        prior to the effective date of the revocation, provided that, 
        after such revocation becomes effective, the Secretary shall be 
        responsible for the collection of, and accounting for, all 
        future lease revenues accruing to the trust or restricted 
        interests in the parcel from and after such effective date.

    ``(i) Defined Terms.--
            ``(1) For purposes of subsection (d)(1), the term `qualified 
        applicant' means--
                    ``(A) a person over the age of 18 who owns a trust 
                or restricted interest in a parcel of land; and

[[Page 118 STAT. 1797]]

                    ``(B) the parent or legal guardian of a minor or 
                incompetent person who owns a trust or restricted 
                interest in a parcel of land.
            ``(2) For purposes of this section, the term `owner-managed 
        status' means, with respect to a trust or restricted interest, 
        that--
                    ``(A) the interest is a trust or restricted interest 
                in a parcel of land for which applications covering all 
                trust or restricted interests in such parcel have been 
                submitted to and approved by the Secretary pursuant to 
                subsection (d);
                    ``(B) the interest may be leased without approval of 
                the Secretary pursuant to, and in a manner that is 
                consistent with, the requirements of this section; and
                    ``(C) no revocation has occurred under subsection 
                (h)(2).

    ``(j) Secretarial Approval of Other Transactions.--Except with 
respect to the specific lease transaction described in paragraph (1) of 
subsection (c), interests that acquire owner-managed status under the 
provisions of this section shall continue to be subject to all Federal 
laws requiring the Secretary to approve transactions involving trust or 
restricted land (including leases with terms of a duration in excess of 
10 years) that would otherwise apply to such interests if the interests 
had not acquired owner-managed status under this section.
    ``(k) Effect of Section.--Subject to subsections (c), (f), and (h), 
nothing in this section diminishes or otherwise affects any authority or 
responsibility of the Secretary with respect to an interest in trust or 
restricted land.''.

SEC. 6. ADDITIONAL AMENDMENTS.

    (a) In General.--The Indian Land Consolidation Act (25 U.S.C. 2201 
et seq.) is amended--
            (1) in the second sentence of section 205(a) (25 U.S.C. 
        2204(a)), by striking ``over 50 per centum of the undivided 
        interests'' and inserting ``undivided interests equal to at 
        least 50 percent of the undivided interest'';
            (2) in section 207 (25 U.S.C. 2206), by adding a subsection 
        at the end as follows:

    ``(p) Purchase Option at Probate.--
            ``(1) In general.--The trust or restricted interests in a 
        parcel of land in the decedent's estate may be purchased at 
        probate in accordance with the provisions of this subsection.
            ``(2) Sale of interest at fair market value.--Subject to 
        paragraph (3), the Secretary is authorized to sell trust or 
        restricted interests in land subject to this subsection, 
        including the interest that a surviving spouse would otherwise 
        receive under section 207(a)(2) (A) or (D), at no less than fair 
        market value, as determined in accordance with the provisions of 
        this Act, to any of the following eligible purchasers:
                    ``(A) Any other eligible heir taking an interest in 
                the same parcel of land by intestate succession or the 
                decedent's other devisees of interests in the same 
                parcel who are eligible to receive a devise under 
                section 207(b)(1)(A).
                    ``(B) All persons who own undivided trust or 
                restricted interests in the same parcel of land involved 
                in the probate proceeding.

[[Page 118 STAT. 1798]]

                    ``(C) The Indian tribe with jurisdiction over the 
                interest, or the Secretary on behalf of such Indian 
                tribe.
            ``(3) Request to purchase; auction; consent requirements.--
        No sale of an interest in probate shall occur under this 
        subsection unless--
                    ``(A) an eligible purchaser described in paragraph 
                (2) submits a written request to purchase prior to the 
                distribution of the interest to heirs or devisees of the 
                decedent and in accordance with any regulations of the 
                Secretary; and
                    ``(B) except as provided in paragraph (5), the heirs 
                or devisees of such interest, and the decedent's 
                surviving spouse, if any, receiving a life estate under 
                section 207(a)(2) (A) or (D) consent to the sale.
        If the Secretary receives more than 1 request to purchase the 
        same interest, the Secretary shall sell the interest by public 
        auction or sealed bid (as determined by the Secretary) at not 
        less than the appraised fair market value to the eligible 
        purchaser submitting the highest bid.
            ``(4) Appraisal and notice.--Prior to the sale of an 
        interest pursuant to this subsection, the Secretary shall--
                    ``(A) appraise the interest at its fair market value 
                in accordance with this Act;
                    ``(B) provide eligible heirs, other devisees, and 
                the Indian tribe with jurisdiction over the interest 
                with written notice, sent by first class mail, that the 
                interest is available for purchase in accordance with 
                this subsection; and
                    ``(C) if the Secretary receives more than 1 request 
                to purchase the interest by a person described in 
                subparagraph (B), provide notice of the manner (auction 
                or sealed bid), time and place of the sale, a 
                description, and the appraised fair market value, of the 
                interest to be sold--
                          ``(i) to the heirs or other devisees and the 
                      Indian tribe with jurisdiction over the interest, 
                      by first class mail; and
                          ``(ii) to all other eligible purchasers, by 
                      posting written notice in at least 5 conspicuous 
                      places in the vicinity of the place of hearing.
            ``(5) Small undivided interests in indian lands.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                consent of a person who is an heir otherwise required 
                under paragraph (3)(B) shall not be required for the 
                auction and sale of an interest at probate under this 
                subsection if--
                          ``(i) the interest is passing by intestate 
                      succession; and
                          ``(ii) prior to the auction the Secretary 
                      determines in the probate proceeding that the 
                      interest passing to such heir represents less than 
                      5 percent of the entire undivided ownership of the 
                      parcel of land as evidenced by the Secretary's 
                      records as of the time the determination is made.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                the consent of such heir shall be required for the sale 
                at probate of the heir's interest if, at the time of the 
                decedent's death, the heir was residing on the parcel of 
                land of which the interest to be sold was a part.

[[Page 118 STAT. 1799]]

            ``(6) Distribution of proceeds.--Proceeds from the sale of 
        interests under this subsection shall be distributed to the 
        heirs, devisees, or spouse whose interest was sold in accordance 
        with the values of their respective interests. The proceeds 
        attributable to an heir or devisee shall be held in an account 
        as trust personalty if the interest sold would have otherwise 
        passed to the heir or devisee in trust or restricted status.'';
            (3) in section 206 (25 U.S.C. 2205)--
                    (A) in subsection (a), by striking paragraph (3) and 
                inserting the following:
            ``(3) Tribal probate codes.--Except as provided in any 
        applicable Federal law, the Secretary shall not approve a tribal 
        probate code, or an amendment to such a code, that prohibits the 
        devise of an interest in trust or restricted land to--
                    ``(A) an Indian lineal descendant of the original 
                allottee; or
                    ``(B) an Indian who is not a member of the Indian 
                tribe with jurisdiction over such an interest;
        unless the code provides for--
                          ``(i) the renouncing of interests to eligible 
                      devisees in accordance with the code;
                          ``(ii) the opportunity for a devisee who is 
                      the spouse or lineal descendant of a testator to 
                      reserve a life estate without regard to waste; and
                          ``(iii) payment of fair market value in the 
                      manner prescribed under subsection (c)(2).''; and
                    (B) in subsection (c)--
                          (i) in paragraph (1)--
                                    (I) by striking the paragraph 
                                heading and inserting the following:
            ``(1) Authority.--
                    ``(A) In general.--'';
                                    (II) in the first sentence of 
                                subparagraph (A) (as redesignated by 
                                clause (i)), by striking ``section 
                                207(a)(6)(A) of this title'' and 
                                inserting ``section 207(b)(2)(A)(ii) of 
                                this title''; and
                                    (III) by striking the last sentence 
                                and inserting the following:
                    ``(B) Transfer.--The Secretary shall transfer 
                payments received under subparagraph (A) to any person 
                or persons who would have received an interest in land 
                if the interest had not been acquired by the Indian 
                tribe in accordance with this paragraph.''; and
                          (ii) in paragraph (2)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking the 
                                        subparagraph heading and all 
                                        that follows through ``Paragraph 
                                        (1) shall not apply'' and 
                                        inserting the following:
                    ``(A) Inapplicability to certain interests.--
                          ``(i) In general.--Paragraph (1) shall not 
                      apply'';
                                            (bb) in clause (i) (as 
                                        redesignated by item (aa)), by 
                                        striking ``if, while'' and 
                                        inserting the following: ``if--
                                    ``(I) while'';
                                            (cc) by striking the period 
                                        at the end and inserting ``; 
                                        or''; and
                                            (dd) by adding at the end 
                                        the following:

[[Page 118 STAT. 1800]]

                                    ``(II)(aa) the interest is part of a 
                                family farm that is devised to a member 
                                of the family of the decedent; and
                                    ``(bb) the devisee agrees that the 
                                Indian tribe with jurisdiction over the 
                                land will have the opportunity to 
                                acquire the interest for fair market 
                                value if the interest is offered for 
                                sale to a person or entity that is not a 
                                member of the family of the owner of the 
                                land.
                          ``(ii) Recording of interest.--On request by 
                      the Indian tribe described in clause (i)(II)(bb), 
                      a restriction relating to the acquisition by the 
                      Indian tribe of an interest in a family farm 
                      involved shall be recorded as part of the deed 
                      relating to the interest involved.
                          ``(iii) Mortgage and foreclosure.--Nothing in 
                      clause (i)(II) limits--
                                    ``(I) the ability of an owner of 
                                land to which that clause applies to 
                                mortgage the land; or
                                    ``(II) the right of the entity 
                                holding such a mortgage to foreclose or 
                                otherwise enforce such a mortgage 
                                agreement in accordance with applicable 
                                law.
                          ``(iv) Definition of `member of the family'.--
                      In this paragraph, the term `member of the 
                      family', with respect to a decedent or landowner, 
                      means--
                                    ``(I) a lineal descendant of a 
                                decedent or landowner;
                                    ``(II) a lineal descendant of the 
                                grandparent of a decedent or landowner;
                                    ``(III) the spouse of a descendant 
                                or landowner described in subclause (I) 
                                or (II); and
                                    ``(IV) the spouse of a decedent or 
                                landowner.''; and
                                    (II) in subparagraph (B), by 
                                striking ``subparagraph (A)'' and all 
                                that follows through ``207(a)(6)(B) of 
                                this title'' and inserting ``paragraph 
                                (1)'';
            (4) in section 207 (25 U.S.C. 2206), by striking subsection 
        (g);
            (5) in section 213 (25 U.S.C. 2212)--
                    (A) by striking the section heading and inserting 
                the following:

``SEC. 2212. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';

                    (B) in subsection (a), by--
                          (i) adding in paragraph (1) ``or from an heir 
                      during probate in accordance with section 207(p) 
                      (25 U.S.C. 2206(p))'' after ``owner,''; and
                          (ii) striking ``(2) Authority of secretary.--
                      '' and all that follows through ``the Secretary 
                      shall submit'' and inserting the following:
            ``(2) Authority of secretary.--The Secretary shall submit''; 
        and
                          (iii) by striking ``whether the program to 
                      acquire fractional interests should be extended or 
                      altered to make resources'' and inserting ``how 
                      the fractional

[[Page 118 STAT. 1801]]

                      interest acquisition program should be enhanced to 
                      increase the resources made'';
                    (C) in subsection (b), by striking paragraph (4) and 
                inserting the following:
            ``(4) shall minimize the administrative costs associated 
        with the land acquisition program through the use of policies 
        and procedures designed to accommodate the voluntary sale of 
        interests under this section, notwithstanding the existence of 
        any otherwise applicable policy, procedure, or regulation, 
        through the elimination of duplicate--
                    ``(A) conveyance documents;
                    ``(B) administrative proceedings; and
                    ``(C) transactions.'';
                    (D) in subsection (c)--
                          (i) in paragraph (1)--
                                    (I) in subparagraph (A), by striking 
                                ``at least 5 percent of the'' and 
                                inserting in its place ``an'';
                                    (II) in subparagraph (A), by 
                                inserting ``in such parcel'' following 
                                ``the Secretary shall convey an 
                                interest'';
                                    (III) in subparagraph (A), by 
                                striking ``landowner upon payment'' and 
                                all that follows and inserting the 
                                following: ``landowner--
                          ``(i) on payment by the Indian landowner of 
                      the amount paid for the interest by the Secretary; 
                      or
                          ``(ii) if--
                                    ``(I) the Indian referred to in this 
                                subparagraph provides assurances that 
                                the purchase price will be paid by 
                                pledging revenue from any source, 
                                including trust resources; and
                                    ``(II) the Secretary determines that 
                                the purchase price will be paid in a 
                                timely and efficient manner.''; and
                                    (IV) in subparagraph (B), by 
                                inserting before the period at the end 
                                the following: ``unless the interest is 
                                subject to a foreclosure of a mortgage 
                                in accordance with the Act of March 29, 
                                1956 (25 U.S.C. 483a)''; and
                          (ii) in paragraph (3), by striking ``10 
                      percent or more of the undivided interests'' and 
                      inserting ``an undivided interest''; and
                    (E) by adding at the end of the section:

    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000 for fiscal year 2005, 
$95,000,000 for fiscal year 2006, and $145,000,000 for each of fiscal 
years 2007 through 2010.'';
            (6) in section 214 (25 U.S.C. 2213), by striking subsection 
        (b) and inserting the following:

    ``(b) Application of Revenue From Acquired Interests to Land 
Consolidation Program.--
            ``(1) In general.--The Secretary shall have a lien on any 
        revenue accruing to an interest described in subsection (a) 
        until the Secretary provides for the removal of the lien under 
        paragraph (3), (4), or (5).
            ``(2) Requirements.--
                    ``(A) In general.--Until the Secretary removes a 
                lien from an interest in land under paragraph (1)--

[[Page 118 STAT. 1802]]

                          ``(i) any lease, resource sale contract, 
                      right-of-way, or other document evidencing a 
                      transaction affecting the interest shall contain a 
                      clause providing that all revenue derived from the 
                      interest shall be paid to the Secretary; and
                          ``(ii) any revenue derived from any interest 
                      acquired by the Secretary in accordance with 
                      section 213 shall be deposited in the fund created 
                      under section 216.
                    ``(B) Approval of transactions.--Notwithstanding 
                section 16 of the Act of June 18, 1934 (commonly known 
                as the `Indian Reorganization Act') (25 U.S.C. 476), or 
                any other provision of law, until the Secretary removes 
                a lien from an interest in land under paragraph (1), the 
                Secretary may approve a transaction covered under this 
                section on behalf of an Indian tribe.
            ``(3) Removal of liens after findings.--The Secretary may 
        remove a lien referred to in paragraph (1) if the Secretary 
        makes a finding that--
                    ``(A) the costs of administering the interest from 
                which revenue accrues under the lien will equal or 
                exceed the projected revenues for the parcel of land 
                involved;
                    ``(B) in the discretion of the Secretary, it will 
                take an unreasonable period of time for the parcel of 
                land to generate revenue that equals the purchase price 
                paid for the interest; or
                    ``(C) a subsequent decrease in the value of land or 
                commodities associated with the parcel of land make it 
                likely that the interest will be unable to generate 
                revenue that equals the purchase price paid for the 
                interest in a reasonable time.
            ``(4) Removal of liens upon payment into the acquisition 
        fund.--The Secretary shall remove a lien referred to in 
        paragraph (1) upon payment of an amount equal to the purchase 
        price of that interest in land into the Acquisition Fund created 
        under section 2215 of this title, except where the tribe with 
        jurisdiction over such interest in land authorizes the Secretary 
        to continue the lien in order to generate additional acquisition 
        funds.
            ``(5) Other removal of liens.--The Secretary may, in 
        consultation with tribal governments and other entities 
        described in section 213(b)(3), periodically remove liens 
        referred to in paragraph (1) from interests in land acquired by 
        the Secretary.'';
            (7) in section 215 (25 U.S.C. 2214), in the last sentence, 
        by striking ``section 2212 of this title'' and inserting ``this 
        Act'';
            (8) in section 216 (25 U.S.C. 2215)--
                    (A) in subsection (a), by striking paragraph (2) and 
                inserting the following:
            ``(2) collect all revenues received from the lease, permit, 
        or sale of resources from interests acquired under section 213 
        or paid by Indian landowners under section 213.''; and
                    (B) in subsection (b)--
                          (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Subject 
                                to paragraph (2), all'' and inserting 
                                ``All'';

[[Page 118 STAT. 1803]]

                                    (II) in subparagraph (A), by 
                                striking ``and'' at the end;
                                    (III) in subparagraph (B), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(C) be used to acquire undivided interests on the 
                reservation from which the income was derived.''; and
                          (ii) by striking paragraph (2) and inserting 
                      the following:
            ``(2) Use of funds.--The Secretary may use the revenue 
        deposited in the Acquisition Fund under paragraph (1) to acquire 
        some or all of the undivided interests in any parcels of land in 
        accordance with section 205.'';
            (9) in section 217 (25 U.S.C. 2216)--
                    (A) in subsection (b)(1), by striking subparagraph 
                (B) and inserting a new subparagraph (B) as follows:
                    ``(B) Waiver of requirement.--The requirement for an 
                estimate of value under subparagraph (A) may be waived 
                in writing by an owner of a trust or restricted interest 
                in land either selling, exchanging, or conveying by gift 
                deed for no or nominal consideration such interest--
                          ``(i) to an Indian person who is the owner's 
                      spouse, brother, sister, lineal ancestor, lineal 
                      descendant, or collateral heir; or
                          ``(ii) to an Indian co-owner or to the tribe 
                      with jurisdiction over the subject parcel of land, 
                      where the grantor owns a fractional interest that 
                      represents 5 percent or less of the parcel.'';
                    (B) in subsection (e), by striking the matter 
                preceding paragraph (1), and inserting ``Notwithstanding 
                any other provision of law, the names and mailing 
                addresses of the owners of any interest in trust or 
                restricted lands, and information on the location of the 
                parcel and the percentage of undivided interest owned by 
                each individual shall, upon written request, be made 
                available to'';
                    (C) in subsection (e)(1), by striking ``Indian'';
                    (D) in subsection (e)(3), by striking ``prospective 
                applicants for the leasing, use, or consolidation of'' 
                and inserting ``any person that is leasing, using, or 
                consolidating, or is applying to lease, use, or 
                consolidate,''; and
                    (E) by striking subsection (f) and inserting the 
                following:

    ``(f) Purchase of Land by Indian Tribe.--
            ``(1) In general.--Except as provided in paragraph (2), 
        before the Secretary approves an application to terminate the 
        trust status or remove the restrictions on alienation from a 
        parcel of, or interest in, trust or restricted land, the Indian 
        tribe with jurisdiction over the parcel shall have the 
        opportunity--
                    ``(A) to match any offer contained in the 
                application; or
                    ``(B) in a case in which there is no purchase price 
                offered, to acquire the interest in the parcel by paying 
                the fair market value of the interest.
            ``(2) Exception for family farms.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                a parcel of, or interest in, trust or restricted land 
                that

[[Page 118 STAT. 1804]]

                is part of a family farm that is conveyed to a member of 
                the family of a landowner (as defined in section 
                206(c)(2)(A)(iv)) if the conveyance requires that in the 
                event that the parcel or interest is offered for sale to 
                an entity or person that is not a member of the family 
                of the landowner, the Indian tribe with jurisdiction 
                over the land shall be afforded the opportunity to 
                purchase the interest pursuant to paragraph (1).
                    ``(B) Applicability of other provision.--Section 
                206(c)(2)(A) shall apply with respect to the recording 
                and mortgaging of any trust or restricted land referred 
                to in subparagraph (A).'';
            (10) in section 219(b)(1)(A) (25 U.S.C. 2218(b)(1)(A)), by 
        striking ``100'' and inserting ``90''; and
            (11) in section 219, by adding at the end of the section:

    ``(g) Other Laws.--Nothing in this Act shall be construed to 
supersede, repeal, or modify any general or specific statute authorizing 
the grant or approval of any type of land use transaction involving 
fractional interests in trust or restricted land.''.
    (b) Definitions.--Section 202 of the Indian Land Consolidation Act 
(25 U.S.C. 2201) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) `Indian' means--
                    ``(A) any person who is a member of any Indian 
                tribe, is eligible to become a member of any Indian 
                tribe, or is an owner (as of the date of enactment of 
                the American Indian Probate Reform Act of 2004) of a 
                trust or restricted interest in land;
                    ``(B) any person meeting the definition of Indian 
                under the Indian Reorganization Act (25 U.S.C. 479) and 
                the regulations promulgated thereunder; and
                    ``(C) with respect to the inheritance and ownership 
                of trust or restricted land in the State of California 
                pursuant to section 207, any person described in 
                subparagraph (A) or (B) or any person who owns a trust 
                or restricted interest in a parcel of such land in that 
                State.'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) `trust or restricted lands' means lands, title to 
        which is held by the United States in trust for an Indian tribe 
        or individual, or which is held by an Indian tribe or individual 
        subject to a restriction by the United States against 
        alienation; and `trust or restricted interest in land' or `trust 
        or restricted interest in a parcel of land' means an interest in 
        land, title to which is held in trust by the United States for 
        an Indian tribe or individual, or which is held by an Indian 
        tribe or individual subject to a restriction by the United 
        States against alienation.''; and
            (3) by adding at the end the following:
            ``(6) `parcel of highly fractionated Indian land' means a 
        parcel of land that the Secretary, pursuant to authority under a 
        provision of this Act, determines to have, as evidenced by the 
        Secretary's records at the time of the determination--
                    ``(A) 50 or more but less than 100 co-owners of 
                undivided trust or restricted interests, and no 1 of 
                such co-owners holds a total undivided trust or 
                restricted interest in the parcel that is greater than 
                10 percent of the entire undivided ownership of the 
                parcel; or

[[Page 118 STAT. 1805]]

                    ``(B) 100 or more co-owners of undivided trust or 
                restricted interests;
            ``(7) `land' means any real property, and includes within 
        its meaning for purposes of this Act improvements permanently 
        affixed to real property;
            ``(8) `person' or `individual' means a natural person;
            ``(9) `eligible heirs' means, for purposes of section 207 
        (25 U.S.C. 2206), any of a decedent's children, grandchildren, 
        great grandchildren, full siblings, half siblings by blood, and 
        parents who are--
                    ``(A) Indian; or
                    ``(B) lineal descendents within 2 degrees of 
                consanguinity of an Indian; or
                    ``(C) owners of a trust or restricted interest in a 
                parcel of land for purposes of inheriting by descent, 
                renunciation, or consolidation agreement under section 
                207 (25 U.S.C. 2206), another trust or restricted 
                interest in such parcel from the decedent; and
            ``(10) `without regard to waste' means, with respect to a 
        life estate interest in land, that the holder of such estate is 
        entitled to the receipt of all income, including bonuses and 
        royalties, from such land to the exclusion of the 
        remaindermen.''.

    (c) Issuance of Patents.--Section 5 of the Act of February 8, 1887 
(25 U.S.C. 348), is amended by striking the second proviso and inserting 
the following: ``Provided, <<NOTE: Applicability.>> That the rules of 
intestate succession under the Indian Land Consolidation Act (25 U.S.C. 
2201 et seq.) (including a tribal probate code approved under that Act 
or regulations promulgated under that Act) shall apply to that land for 
which patents have been executed and delivered:''.

    (d) Transfers of Restricted Indian Land.--Section 4 of the Act of 
June 18, 1934 (25 U.S.C. 464), is amended in the first proviso by--
            (1) striking ``, in accordance with'' and all that follows 
        through ``or in which the subject matter of the corporation is 
        located,'';
            (2) striking ``, except as provided by the Indian Land 
        Consolidation Act'' and all that follows through the colon; and
            (3) inserting ``in accordance with the Indian Land 
        Consolidation Act (25 U.S.C. 2201 et seq.) (including a tribal 
        probate code approved under that Act or regulations promulgated 
        under that Act):''.

    (e) Estate Planning.--
            (1) Conduct of activities.--Section 207(f)(1) of the Indian 
        Land Consolidation Act (25 U.S.C. 2206) is amended by striking 
        paragraph (1) and inserting the following:
            ``(1) In general.--
                    ``(A) The activities conducted under this subsection 
                shall be conducted in accordance with any applicable--
                          ``(i) tribal probate code; or
                          ``(ii) tribal land consolidation plan.
                    ``(B) The Secretary shall provide estate planning 
                assistance in accordance with this subsection, to the 
                extent amounts are appropriated for such purpose.''.
            (2) Requirements.--Section 207(f)(2) of the Indian Land 
        Consolidation Act (25 U.S.C. 2206(f)(2)) is amended by striking

[[Page 118 STAT. 1806]]

        ``and'' at the end of subparagraph (A), redesignating 
        subparagraph (B) as subparagraph (D), and adding the following:
                    ``(B) dramatically increase the use of wills and 
                other methods of devise among Indian landowners;
                    ``(C) substantially reduce the quantity and 
                complexity of Indian estates that pass intestate through 
                the probate process, while protecting the rights and 
                interests of Indian landowners; and''.
            (3) Probate code development and legal assistance grants.--
        Section 207(f)(3) of the Indian Land Consolidation Act (25 
        U.S.C. 2206(f)(3)) is amended by striking paragraph (3) and 
        inserting the following:
            ``(3) Probate code development and legal assistance 
        grants.--In carrying out this section, the Secretary may award 
        grants to--
                    ``(A) Indian tribes, for purposes of tribal probate 
                code development and estate planning services to tribal 
                members;
                    ``(B) organizations that provide legal assistance 
                services for Indian tribes, Indian organizations, and 
                individual owners of interests in trust or restricted 
                lands that are qualified as nonprofit organizations 
                under section 501(c)(3) of the Internal Revenue Code of 
                1986 and provide such services pursuant to Federal 
                poverty guidelines, for purposes of providing civil 
                legal assistance to such Indian tribes, individual 
                owners, and Indian organizations for the development of 
                tribal probate codes, for estate planning services or 
                for other purposes consistent with the services they 
                provide to Indians and Indian tribes; and
                    ``(C) in specific areas and reservations where 
                qualified nonprofit organizations referred to in 
                subparagraph (B) do not provide such legal assistance to 
                Indian tribes, Indian organizations, or individual 
                owners of trust or restricted land, to other providers 
                of such legal assistance;
        that submit an application to the Secretary, in such form and 
        manner as the Secretary may prescribe.
            ``(4) Authorization for appropriations.--There is authorized 
        to be appropriated such sums as may be necessary to carry out 
        the provisions of paragraph (3).''.
            (4) Notification to landowners.--Section 207 of the Indian 
        Land Consolidation Act (25 U.S.C. 2206) is amended by adding at 
        the end the following:

    ``(l) Notification to Landowners.--After receiving written request 
by any owner of a trust or restricted interest in land, the Secretary 
shall provide to such landowner the following information with respect 
to each tract of trust or restricted land in which the landowner has an 
interest:
            ``(1) The location of the tract of land involved.
            ``(2) The identity of each other co-owner of interests in 
        the parcel of land.
            ``(3) The percentage of ownership of each owner of an 
        interest in the tract.

    ``(m) Pilot Project for the Management of Trust Assets of Indian 
Families and Relatives.--
            ``(1) Development pilot project.--The Secretary shall 
        consult with tribes, individual landowner organizations, Indian 
        advocacy organizations, and other interested parties to--

[[Page 118 STAT. 1807]]

                    ``(A) develop a pilot project for the creation of 
                legal entities such as private or family trusts, 
                partnerships corporations, or other organizations to 
                improve, facilitate, and assist in the efficient 
                management of interests in trust or restricted lands or 
                funds owned by Indian family members and relatives; and
                    ``(B) develop proposed rules, regulations, and 
                guidelines to implement the pilot project, including--
                          ``(i) the criteria for establishing such legal 
                      entities;
                          ``(ii) reporting and other requirements that 
                      the Secretary determines to be appropriate for 
                      administering such entities; and
                          ``(iii) provisions for suspending or revoking 
                      the authority of an entity to engage in activities 
                      relating to the management of trust or restricted 
                      assets under the pilot project in order to protect 
                      the interests of the beneficial owners of such 
                      assets.
            ``(2) Primary purposes; limitation; approval of 
        transactions; payments by secretary.--
                    ``(A) Purposes.--The primary purpose of any entity 
                organized under the pilot project shall be to improve, 
                facilitate, and assist in the management of interests in 
                trust or restricted land, held by 1 or more persons, in 
                furtherance of the purposes of this Act.
                    ``(B) Limitation.--The organization or activities of 
                any entity under the pilot project shall not be 
                construed to impair, impede, replace, abrogate, or 
                modify in any respect the trust duties or 
                responsibilities of the Secretary, nor shall anything in 
                this subsection or in any rules, regulations, or 
                guidelines developed under this subsection enable any 
                private or family trustee of trust or restricted 
                interests in land to exercise any powers over such 
                interests greater than that held by the Secretary with 
                respect to such interests.
                    ``(C) Secretarial approval of transactions.--Any 
                transaction involving the lease, use, mortgage or other 
                disposition of trust or restricted land or other trust 
                assets administered by or through an entity under the 
                pilot project shall be subject to approval by the 
                Secretary in accordance with applicable Federal law.
                    ``(D) Payments.--The Secretary shall have the 
                authority to make payments of income and revenues 
                derived from trust or restricted land or other trust 
                assets administered by or through an entity 
                participating in the pilot project directly to the 
                entity, in accordance with requirements of the 
                regulations adopted pursuant to this subsection.
            ``(3) Limitations on pilot project.--
                    ``(A) Number of organizations.--The number of 
                entities established under the pilot project authorized 
                by this subsection shall not exceed 30.
                    ``(B) Regulations required.--No entity shall 
                commence activities under the pilot project authorized 
                by this subsection until the Secretary has adopted final 
                rules and regulations under paragraph (1)(B).

[[Page 118 STAT. 1808]]

            ``(4) Report to congress.--Prior to the expiration of the 
        pilot project provided for under this subsection, the Secretary 
        shall submit a report to Congress stating--
                    ``(A) a description of the Secretary's consultation 
                with Indian tribes, individual landowner associations, 
                Indian advocacy organizations, and other parties 
                consulted with regarding the development of rules and 
                regulations for the creation and management of interests 
                in trust and restricted lands under the pilot project;
                    ``(B) the feasibility of accurately monitoring the 
                performance of legal entities such as those involved in 
                the pilot project, and the effectiveness of such 
                entities as mechanisms to manage and protect trust 
                assets;
                    ``(C) the impact that the use of entities such as 
                those in the pilot project may have with respect to the 
                accomplishment of the goals of the Indian Land 
                Consolidation Act (25 U.S.C. 2201 et seq.); and
                    ``(D) any recommendations that the Secretary may 
                have regarding whether to adopt a permanent program as a 
                management and consolidation measure for interests in 
                trust or restricted lands.

    ``(n) Notice to Heirs.--Prior to holding a hearing to determine the 
heirs to trust or restricted property, or making a decision determining 
such heirs, the Secretary shall seek to provide actual written notice of 
the proceedings to all heirs. Such efforts shall include--
            ``(1) a search of publicly available records and Federal 
        records, including telephone and address directories and 
        including electronic search services or directories;
            ``(2) an inquiry with family members and co-heirs of the 
        property;
            ``(3) an inquiry with the tribal government of which the 
        owner is a member, and the tribal government with jurisdiction 
        over the property, if any; and
            ``(4) if the property is of a value greater than $2,000, 
        engaging the services of an independent firm to conduct a 
        missing persons search.

    ``(o) Missing Heirs.--
            ``(1) For purposes of this subsection and subsection (m), an 
        heir may be presumed missing if--
                    ``(A) such heir's whereabouts remain unknown 60 days 
                after completion of notice efforts under subsection (m); 
                and
                    ``(B) in the proceeding to determine a decedent's 
                heirs, the Secretary finds that the heir has had no 
                contact with other heirs of the decedent, if any, or 
                with the Department relating to trust or restricted land 
                or other trust assets at any time during the 6-year 
                period preceding the hearing to determine heirs.
            ``(2) Before the date for declaring an heir missing, any 
        person may request an extension of time to locate such heir. The 
        Secretary shall grant a reasonable extension of time for good 
        cause.
            ``(3) An heir shall be declared missing only after a review 
        of the efforts made in the heirship proceeding and a finding has 
        been made that this subsection has been complied with.

[[Page 118 STAT. 1809]]

            ``(4) An heir determined to be missing pursuant to this 
        subsection shall be deemed to have predeceased the decedent for 
        purposes of descent and devise of trust or restricted land and 
        trust personalty within that decedent's estate.''.
SEC. 7. ANNUAL NOTICE AND FILING REQUIREMENT FOR OWNERS OF 
                    INTERESTS IN TRUST OR RESTRICTED LANDS.

    The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) is 
amended by adding at the end the following:

``SEC. 222. <<NOTE: 25 USC 2221.>> ANNUAL NOTICE AND FILING; CURRENT 
            WHEREABOUTS OF INTEREST OWNERS.

    ``On at least an annual basis, the Secretary shall include along 
with other regular reports to owners of trust or restricted interests in 
land and individual Indian money account owners a change of name and 
address form by means of which the owner may confirm or update the 
owner's name and address. The change of name and address form shall 
include a section in which the owner may confirm and update the owner's 
name and address.''.

SEC. 8. <<NOTE: 25 USC 2201 note.>> NOTICE; EFFECTIVE DATE.

    (a) Notice.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 180 days 
        after the date of enactment of this Act, the Secretary shall 
        notify Indian tribes and owners of trust or restricted lands of 
        the amendments made by this Act.
            (2) Specifications.--The notice required under paragraph (1) 
        shall be designed to inform Indian owners of trust or restricted 
        land of--
                    (A) the effect of this Act and the amendments made 
                by this Act, with emphasis on the effect of the 
                provisions of this Act and the amendments made by this 
                Act, on the testate disposition and intestate descent of 
                their interests in trust or restricted land;
                    (B) estate planning options available to the owners, 
                including any opportunities for receiving estate 
                planning assistance or advice;
                    (C) the use of negotiated sales, gift deeds, land 
                exchanges, and other transactions for consolidating the 
                ownership of land; and
                    (D) a toll-free telephone number to be used for 
                obtaining information regarding the provisions of this 
                Act and any trust assets of such owners.
            (3) Requirements.--The Secretary shall provide the notice 
        required under paragraph (1)--
                    (A) by direct mail for those Indians with interests 
                in trust and restricted lands for which the Secretary 
                has an address for the interest holder;
                    (B) through the Federal Register;
                    (C) through local newspapers in areas with 
                significant Indian populations, reservation newspapers, 
                and newspapers that are directed at an Indian audience; 
                and
                    (D) through any other means determined appropriate 
                by the Secretary.
            (4) Certification.--After providing notice under this 
        subsection, the Secretary shall--
                    (A) certify that the requirements of this subsection 
                have been met; and

[[Page 118 STAT. 1810]]

                    (B) <<NOTE: Federal Register, publication.>> publish 
                notice of that certification in the Federal Register.

    (b) Effective Date.--Section 207 of the Indian Land Consolidation 
Act (25 U.S.C. 2206), except subsections (e) and (f) of that section, 
shall not apply to the estate of an individual who dies before the date 
that is 1 year after the date on which the Secretary makes the 
certification required under subsection (a)(4).

SEC. 9. <<NOTE: 25 USC 2201 note.>> SEVERABILITY.

    If any provision of this Act or of any amendment made by this Act, 
or the application of any such provision to any person or circumstance, 
is held to be invalid for any reason, the remainder of this Act and of 
amendments made by this Act, and the application of the provisions and 
of the amendments made by this Act to any other person or circumstance 
shall not be affected by such holding, except that each of subclauses 
(II), (III), and (IV) of section 205(d)(2)(I)(i) is deemed to be 
inseverable from the other 2, such that if any 1 of those 3 subclauses 
is held to be invalid for any reason, neither of the other 2 of such 
subclauses shall be given effect.

SEC. 10. <<NOTE: 25 USC 2201 note.>> REGULATIONS.

    The Secretary is authorized to adopt such regulations as may be 
necessary to implement the provisions of this Act.

    Approved October 27, 2004.

LEGISLATIVE HISTORY--S. 1721:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-656 (Comm. on Resources).
SENATE REPORTS: No. 108-264 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 2, considered and passed Senate.
            Oct. 6, considered and passed House.

                                  <all>