Text: H.R.2606 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-399 (12/31/2018)

 
[115th Congress Public Law 399]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5331]]

Public Law 115-399
115th Congress

                                 An Act


 
To amend the Act of August 4, 1947 (commonly known as the Stigler Act), 
with respect to restrictions applicable to Indians of the Five Civilized 
      Tribes of Oklahoma, and for other purposes. <<NOTE: Dec. 31, 
                         2018 -  [H.R. 2606]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Stigler Act 
Amendments of 2018. 25 USC 331 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stigler Act Amendments of 2018''.
SEC. 2. <<NOTE: 25 USC 355 note.>>  IN GENERAL.

    The first section of the Act of August 4, 1947 (61 Stat. 731, 
chapter 458), is amended--
            (1) in the matter before subsection (a), by striking ``That 
        all restrictions'' and all that follows through subsection (a) 
        and inserting the following:

    ``Sec. 1. (a) All restrictions against alienation, conveyance, 
lease, mortgage, creation of liens, or other encumbrances upon all 
lands, including oil and gas or other mineral interests, in Oklahoma 
belonging to a lineal descendant by blood of an original enrollee whose 
name appears on the Final Indian Rolls of the Five Civilized Tribes in 
Indian Territory, whether acquired by allotment, inheritance, devise, 
gift, purchase, exchange, partition, partition sale, or by purchase with 
restricted funds, of whatever degree of Indian blood, and whether 
enrolled or unenrolled, shall be and are hereby, extended until an Act 
of Congress determines otherwise.
    ``(b) The extension of restrictions described in subsection (a) 
shall include without limitation, those interests in the estate of a 
decedent Indian who died before the date of enactment of the Stigler Act 
Amendments of 2018--
            ``(1) if such interests were acquired by an heir or devisee 
        of one-half or more degree of Indian blood, as computed from the 
        nearest enrolled lineal ancestors of Indian blood enrolled on 
        the Final Rolls described in subsection (a), by final order 
        issued by an Oklahoma district court or a United States district 
        court determining the decedent's heirs or devisees or otherwise 
        determining the ownership of said interests before said date; or
            ``(2) if such interests were, immediately prior to the 
        decedent's death, subject to restrictions and had not, as of the 
        date of enactment of the Stigler Act Amendments of 2018, been--
                    ``(A) the subject of a final order issued by an 
                Oklahoma district court or a United States district 
                court determining

[[Page 132 STAT. 5332]]

                the decedent's heirs or devisees or otherwise 
                determining the ownership of said interests;
                    ``(B) conveyed by the decedent's undetermined heirs 
                or devisees by deed approved by an Oklahoma district 
                court; or
                    ``(C) conveyed by the decedent's undetermined heirs 
                or devisees of less than one-half degree of Indian blood 
                with or without Oklahoma district court approval.

    ``Sec. 2. (a) Except as provided in subsection (f), subsection (g), 
subsection (h), and subsection (i), no conveyance, including an oil and 
gas or mineral lease, of any interest in the restricted lands described 
in this section shall be valid unless approved in open court by the 
district court of the county in Oklahoma in which the land is 
situated;'';
            (2) in subsection (b)--
                    (A) by striking ``county judge'' and inserting 
                ``district judge''; and
                    (B) by striking ``Proceedings for approval of 
                conveyances by restricted heirs or devisees'' and 
                inserting ``Proceedings for approval of conveyances'';
            (3) in subsection (c), by striking ``best interest of the 
        Indian'' and inserting ``best interest of the grantor''; and
            (4) by adding before the period at the end the following: 
        ``; (h) nothing contained in this section shall limit or affect 
        the right of an Indian owner of restricted lands described in 
        this Act to seek and obtain Secretarial removal of restrictions 
        on all or any portion of said restricted lands in accordance 
        with any applicable Federal law; (i) nothing contained in this 
        section shall invalidate the alienation, conveyance, lease, 
        including oil and gas or other mineral leases, mortgage, 
        creation of liens, or other encumbrance of any lands, if such 
        action was effective before the date of enactment of the Stigler 
        Act Amendments of 2018 and valid under the law then in effect; 
        and (j) in determining the quantum of Indian blood of any Indian 
        heir or devisee, the Final Indian Rolls of the Five Civilized 
        Tribes in Indian Territory as to such heir or devisee, if 
        enrolled, shall be conclusive of his or her quantum of Indian 
        blood. If unenrolled, his or her degree of Indian blood shall be 
        computed from the nearest enrolled lineal ancestors of Indian 
        blood enrolled on the Final Indian Rolls of the Five Civilized 
        Tribes in Indian Territory''.
SEC. 3. <<NOTE: 25 USC 355 note.>>  TECHNICAL AMENDMENTS.

    The Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended--
            (1) in section 5, by striking ``of one-half or more Indian 
        blood,'';
            (2) in section 6(c)--
                    (A) by inserting ``purchase, partition sale,'' after 
                ``gift,'' each place it appears; and
                    (B) by striking ``of one-half or more Indian 
                blood''; and
            (3) in section 8, by striking ``of one-half or more Indian 
        blood,''.
SEC. 4. <<NOTE: 25 USC 355 note.>>  REPEALS.

    The following are repealed:

[[Page 132 STAT. 5333]]

            (1) The first section of the Act of August 11, 1955 (69 
        Stat. 666, chapter 768).
            (2) Section 2 of the Act of August 4, 1947 (61 Stat. 731, 
        chapter 458).
SEC. 5. <<NOTE: 25 USC 355 note.>>  RULE OF CONSTRUCTION PROVIDING 
                    FOR NO RETROACTIVITY.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to revise or extend the restricted status of any lands under 
the Act of August 4, 1947 (61 Stat. 731, chapter 458) that lost 
restricted status under such Act before the date of enactment of this 
Act.

    Approved December 31, 2018.

LEGISLATIVE HISTORY--H.R. 2606:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-902 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-398 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 12, considered and passed House.
            Dec. 13, considered and passed Senate, amended.
            Dec. 19, 20, House considered and concurred in Senate 
                amendments.

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