Text: S.1481 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-157 (12/30/2005)

 
[109th Congress Public Law 157]
[From the U.S. Government Printing Office]


[DOCID: f:publ157.109]

[[Page 119 STAT. 2949]]

Public Law 109-157
109th Congress

                                 An Act


 
   To amend the Indian Land Consolidation Act to provide for probate 
              reform. <<NOTE: Dec. 30, 2005 -  [S. 1481]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Indian Land 
Probate Reform Technical Corrections Act of 2005.>> 

SECTION 1. <<NOTE: 25 USC 2201 note.>> SHORT TITLE.

    This Act may be cited as the ``Indian Land Probate Reform Technical 
Corrections Act of 2005''.

SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.

    Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) is 
amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Purchase of Land.--
            ``(1) In general.--Subject to subsection (b), any Indian 
        tribe may purchase, at not less than fair market value and with 
        the consent of the owners of the interests, part or all of the 
        interests in--
                    ``(A) any tract of trust or restricted land within 
                the boundaries of the reservation of the tribe; or
                    ``(B) land that is otherwise subject to the 
                jurisdiction of the tribe.
            ``(2) Required consent.--
                    ``(A) In general.--The Indian tribe may purchase all 
                interests in a tract described in paragraph (1) with the 
                consent of the owners of undivided interests equal to at 
                least 50 percent of the undivided interest in the tract.
                    ``(B) Interest owned by tribe.--Interests owned by 
                an Indian tribe in a tract may be included in the 
                computation of the percentage of ownership of the 
                undivided interests in that tract for purposes of 
                determining whether the consent requirement under 
                subparagraph (A) has been met.'';
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in subsection (c) (as redesignated by paragraph (2))--
                    (A) in paragraph (2)--
                          (i) in subparagraph (G)(ii)(I), by striking 
                      ``a higher valuation of the land'' and inserting 
                      ``a value of the land that is equal to or greater 
                      than that of the earlier appraisal''; and
                          (ii) in subparagraph (I)(iii)--
                                    (I) in subclause (III), by inserting 
                                ``(if any)'' after ``this section''; and
                                    (II) in subclause (IV)--

[[Page 119 STAT. 2950]]

                                            (aa) in item (aa), by 
                                        striking ``less'' and inserting 
                                        ``more''; and
                                            (bb) in item (bb), by 
                                        striking ``to implement this 
                                        section'' and inserting ``under 
                                        paragraph (5)''; and
                    (B) in paragraph (5), in the second sentence, by 
                striking ``shall'' and inserting ``may''.

SEC. 3. TRIBAL PROBATE CODES.

    Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205) is 
amended--
            (1) in subsection (b)(3), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) the date that is 1 year after the date on 
                which the Secretary makes the certification required 
                under section 8(a)(4) of the American Indian Probate 
                Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-
                374); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``section'' and 
                all that follows through ``the Indian tribe'' and 
                inserting ``section 207(b)(2)(A)(ii), the Indian 
                tribe''; and
                    (B) in paragraph (2)(A)(i)(II)(bb), by inserting 
                ``in writing'' after ``agrees''.

SEC. 4. DESCENT AND DISTRIBUTION.

    (a) In General.--Section 207 of the Indian Land Consolidation Act 
(25 U.S.C. 2206) is amended--
            (1) by redesignating subsections (h) through (p) as 
        subsections (g) through (o), respectively;
            (2) in subsection (g) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)--
                          (i) by inserting ``specifically'' after 
                      ``pertains''; and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) the allotted land (or any interest relating to 
                such land) of 1 or more specific Indian tribes expressly 
                identified in Federal law, including any of the Federal 
                laws governing the probate or determination of heirs 
                associated with, or otherwise relating to, the land, 
                interest in land, or other interests or assets that are 
                owned by individuals in--
                          ``(i) Five Civilized Tribes restricted fee 
                      status; or
                          ``(ii) Osage Tribe restricted fee status.''; 
                      and
                    (B) by adding at the end the following:
            ``(3) Effect of subsection.--Except to the extent that this 
        Act otherwise affects the application of a Federal law described 
        in paragraph (2), nothing in this subsection limits the 
        application of this Act to trust or restricted land, interests 
        in such land, or any other trust or restricted interests or 
        assets.'';
            (3) in subsection (h) (as redesignated by paragraph (1))--
                    (A) in paragraph (6), by striking ``(25 U.S.C. 
                2205)''; and
                    (B) in paragraph (7), by inserting ``in trust or 
                restricted status'' after ``testator'';
            (4) in subsection (j) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)(A)--

[[Page 119 STAT. 2951]]

                          (i) in clause (ii)(I), by striking ``the date 
                      of enactment of this subparagraph'' and inserting 
                      ``the date that is 1 year after the date on which 
                      the Secretary publishes a notice of certification 
                      under section 8(a)(4) of the American Indian 
                      Probate Reform Act of 2004 (25 U.S.C. 2201 note; 
                      Public Law 108-374)''; and
                          (ii) in clause (iii), by striking ``the 
                      provisions of section 207(a)(2)(A)'' and inserting 
                      ``subsection (a)(2)(A)'';
                    (B) in paragraph (8)(D), by striking ``the 
                provisions of section 207(a)(2)(D) (25 U.S.C. 
                2206(a)(2)(D))'' and inserting ``subsection (a)(2)(D)''; 
                and
                    (C) in paragraph (9)(C)--
                          (i) by striking ``section 207(e) (25 U.S.C. 
                      2206(e))'' and inserting ``subsection (e)''; and
                          (ii) by striking ``section 207(p) (25 U.S.C. 
                      2206(p))'' and inserting ``subsection (o)''; and
            (5) in subsection (o) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``section 207(a)(2)(A) or (D)'' and 
                      inserting ``subparagraph (A) or (D) of subsection 
                      (a)(2)''; and
                          (ii) in subparagraph (A), by striking 
                      ``section 207(b)(1)(A)'' and inserting 
                      ``subsection (b)(1)(A)'';
                    (B) in paragraph (3)(B), by striking ``section 
                207(a)(2)(A) or (D)'' and inserting ``subparagraph (A) 
                or (D) of subsection (a)(2)''; and
                    (C) in paragraph (6)--
                          (i) in the first sentence, by striking 
                      ``Proceeds'' and inserting the following:
                    ``(A) In general.--Proceeds''; and
                          (ii) by striking the second sentence and 
                      inserting the following:
                    ``(B) Holding in trust.--Proceeds described in 
                subparagraph (A) shall be deposited and held in an 
                account as trust personalty if the interest sold would 
                otherwise pass to--
                          ``(i) the heir, by intestate succession under 
                      subsection (a); or
                          ``(ii) the devisee in trust or restricted 
                      status under subsection (b)(1).''.

    (b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa) of 
the Indian Land Consolidation Act (25 U.S.C. 2206(a)(2)(D)(iv)(I)(aa)) 
is amended--
            (1) by striking ``clause (iii)'' and inserting ``this 
        subparagraph''; and
            (2) in subitem (BB), by striking ``any co-owner'' and 
        inserting ``not more than 1 co-owner''.

    (c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the 
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by striking 
the subsection heading and inserting the following:
    ``(c) Joint Tenancy; Right of Survivorship.--''.
    (d) Estate Planning Assistance.--Section 207(f)(3) of the Indian 
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter 
preceding subparagraph (A) by inserting ``, including noncompetitive 
grants,'' after ``grants''.

[[Page 119 STAT. 2952]]

SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

    Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) is 
amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';

        and
            (2) in subsection (a)(1), by striking ``(25 U.S.C. 
        2206(p))''.

SEC. 6. ESTABLISHING FAIR MARKET VALUE.

    Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) is 
amended by striking the last sentence and inserting the following: 
``Such a system may govern the amounts offered for the purchase of 
interests in trust or restricted land under this Act.''.

SEC. 7. LAND OWNERSHIP INFORMATION.

    Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 
2216(e)) is amended by striking ``be made available to'' and inserting 
``be made available to--''.

SEC. 8. CONFORMING AMENDMENTS.

    (a) Probate Reform.--The American Indian Probate Reform Act of 2004 
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
            (1) in section 4, <<NOTE: 25 USC 2204.>> by striking ``(as 
        amended by section 6(a)(2))''; and
            (2) in section 9, <<NOTE: 25 USC 2201 note.>> by striking 
        ``section 205(d)(2)(I)(i)'' and inserting ``section 
        205(c)(2)(I)(i) of the Indian Land Consolidation Act (25 U.S.C. 
        2204(c)(2)(I)(i))''.

    (b) Transfer and Exchange of Land.--Section 4 of the Act of June 18, 
1934 (25 U.S.C. 464) is amended to read as follows:

``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF 
            INDIAN TRIBES AND CORPORATIONS.

    ``(a) Approval.--Except as provided in this section, no sale, 
devise, gift, exchange, or other transfer of restricted Indian land or 
shares in the assets of an Indian tribe or corporation organized under 
this Act shall be made or approved.
    ``(b) Transfer to Indian Tribe.--
            ``(1) In general.--Land or shares described in subsection 
        (a) may be sold, devised, or otherwise transferred to the Indian 
        tribe on the reservation of which the land is located, or in the 
        corporation of which the shares are held or were derived (or a 
        successor of such a corporation), with the approval of the 
        Secretary of the Interior.
            ``(2) Descent and devise.--Land and shares transferred under 
        paragraph (1) shall descend or be devised to any member of the 
        Indian tribe or corporation (or an heir of such a member) in 
        accordance with the Indian Land Consolidation Act (25 U.S.C. 
        2201 et seq.), including a tribal probate code approved under 
        that Act (including regulations).

    ``(c) Voluntary Exchanges.--The Secretary of the Interior may 
authorize a voluntary exchange of land or shares described in subsection 
(a) that the Secretary determines to be of equal value if the Secretary 
determines that the exchange is--
            ``(1) expedient;

[[Page 119 STAT. 2953]]

            ``(2) beneficial for, or compatible with, achieving proper 
        consolidation of Indian land; and
            ``(3) for the benefit of cooperative organizations.''.

SEC. 9. <<NOTE: 25 USC 464 note.>> EFFECTIVE DATE.

    The amendments made by this Act shall be effective as if included in 
the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; 
Public Law 108-374).

    Approved December 30, 2005.

LEGISLATIVE HISTORY--S. 1481:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
            July 26, considered and passed Senate.
            Dec. 18, considered and passed House.

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