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107th CONGRESS    2d Session     H. R. 2880

AN ACT

To amend laws relating to the lands of the enrollees and  lineal
descendants of enrollees whose names appear on  the final Indian 
rolls of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and 
Choctaw Nations (historically referred to as the Five Civilized Tribes),
and for other purposes. 

HR 2880 EH 

107th CONGRESS

2d Session

H. R. 2880



AN ACT

To amend laws relating to the lands of the enrollees and lineal
descendants of enrollees whose names appear on the final Indian rolls 
of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and Choctaw
Nations (historically referred to as the Five Civilized Tribes), and for
other purposes. 

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Five Nations Indian
Land Reform Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. Definitions.

TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

Sec. 101. Restrictions on real property.

Sec. 102. Reinvestment of proceeds from condemnation        
or conveyance of restricted property.

Sec. 103. Trust funds.

Sec. 104. Period of restrictions.

Sec. 105. Removal of restrictions.

Sec. 106. Exemptions from prior claims.

Sec. 107. Fractional interests.

TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS,
LEASES, AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

Sec. 201. Approval authority for conveyances and leases.

Sec. 202. Approval of conveyances.

Sec. 203. Reimposition of restrictions on restricted property
conveyed to Indian housing authorities.

Sec. 204. Administrative approval of partition in kind.

Sec. 205. Surface leases.

Sec. 206. Secretarial approval of mineral leases or agreements.

Sec. 207. Management of mineral interests.

Sec. 208. Mortgages.

TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER 
PROCEEDINGS AFFECTING TITLE TO RESTRICTED PROPERTY

Sec. 301. Actions affecting restricted property.

Sec. 302. Heirship determinations and probates.

Sec. 303. Actions to cure title defects.

Sec. 304. Involuntary partitions of restricted property.

Sec. 305. Requirements for actions to cure title defects and
involuntary partitions.

Sec. 306. Pending State proceedings.

TITLE IV--MISCELLANEOUS

Sec. 401. Regulations.

Sec. 402. Validation of certain transactions; savings clause.

Sec. 403. Repeals.

Sec. 404. Secretarial trust responsibility.

Sec. 405. Representation by attorneys for the Department of the
Interior.

Sec. 406. Filing requirements; constructive notice.

Sec. 407. Publication of designated officials.

Sec. 408. Rule of construction.

Sec. 409. Transmission of power from Indian lands in Oklahoma.

Sec. 410. Authorization of appropriations.

Sec. 411. Effective date.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Since 1970, Federal Indian policy has encouraged Indian
self-determination and economic self-sufficiency. The exercise
of Federal instrumentality jurisdiction by the Oklahoma State
courts over the Indian property that is subject to Federal
restrictions against alienation belonging to enrollees and
descendants of enrollees whose names appear on the final
Indian rolls of the Muscogee (Creek), Seminole, Cherokee,
Chickasaw, and Choctaw Nations, historically referred to as
the Five Civilized Tribes, but now referred to as the Five
Nations, is inconsistent with that policy.

(2) It is a goal of Congress to recognize the Indian land base
as an integral part of the culture and heritage of Indian
people.

(3) The exercise of Federal instrumentality jurisdiction by the
courts of the State of Oklahoma over conveyances and
inheritance of restricted property belonging to Individual
Indians--

(A) is costly, confusing, and cumbersome, and effectively
prevents any meaningful Indian estate planning, and unduly
complicates the probating of Indian estates and other
legal proceedings relating to Individual Indians and
their lands; and

(B) has impeded the self-determination and economic self-sufficiency 
of Individual Indians within the exterior boundaries of the Five Nations.

SEC. 3. PURPOSES.

The purposes of this Act are as follows:

(1) To correct the disparate Federal treatment of individual allotted
lands of Individual Indians that resulted from prior Federal legislation
by equalizing the Federal legislative treatment of restricted
and trust lands.

(2) To eliminate unnecessary legal and bureaucratic obstacles
that impede the highest and best use of restricted property
belonging to Individual Indians.

(3) To provide for an efficient process for the administrative
review and approval of conveyances, voluntary partitions, and
leases, and to provide for Federal administrative proceedings
in testate and intestate probate and other cases that involve
the restricted property of Individual Indians, which concern
the rights of Individual Indians to hold and acquire such property
in restricted and trust status.

(4) To transfer to the Secretary the Federal instrumentality
jurisdiction of the Oklahoma State courts together with other
authority currently exercised by such courts over the conveyance,
devise, inheritance, lease, encumbrance, and certain voluntary
partition actions involving restricted property belonging to
such Individual Indians.

SEC. 4. DEFINITIONS.

In this Act:

(1) FIVE NATIONS- The term `Five Nations' means the Cherokee
Nation, the Chickasaw Nation, the Choctaw Nation of Oklahoma,
the Seminole Nation of Oklahoma, and the Muscogee (Creek)
Nation, collectively, which were historically referred to as
the `Five Civilized Tribes'.

(2) INDIAN COUNTRY- The term `Indian country' has the meaning
given that term in section 1151 of title 18, United States Code,
which includes restricted property and trust property as such
terms are defined in this Act.

(3) INDIAN NATION- The term `Indian Nation' means one of the
individual Five Nations referred to in paragraph (1).

(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given
that term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).

(5) INDIVIDUAL INDIAN- The term `Individual Indian' means a
member or citizen of one of the individual Five Nations referred
to in paragraph (1), an enrollee on the final Indian rolls of the
Five Civilized Tribes, or an individual who is a lineal descendant
by blood of an Indian ancestor enrolled on the final Indian rolls
of the Five Civilized Tribes, regardless of whether such person
is an enrolled member of one of the Five Nations.

(6) RESTRICTED PROPERTY- (A) The term `restricted property'
means any right, title, or interest in real property owned by an
Individual Indian that is subject to a restriction against alienation,
conveyance, lease, mortgage, creation of liens, or other encumbrances
imposed by this Act and other laws of the United States expressly
applicable to the property of enrollees and lineal descendants
of enrollees on the final Indian rolls of the Five Civilized Tribes.

(B) The term `restricted property' includes, without limitation,
those interests in the estate of a decedent Individual Indian
who died prior to the effective date of this Act that were,
immediately prior to the decedent's death, subject to restrictions
against alienation imposed by the laws of the United States
but that had not, as of the effective date of this Act--

(i) been the subject of a final order determining the decedent's
heirs and distributing the restricted property issued by
a State district court or a United States district court;

(ii) been conveyed by heirs by deed approved in State district
court;

(iii) been conveyed by heirs of less than one-half degree
of Indian blood with or without State district court
approval; or

(iv) been the subject of Secretarial approval of removal of 
restrictions.

(C) The term `restricted property' does not include Indian trust
allotments made pursuant to the General Allotment Act (25
U.S.C. 331 et seq.) or any other trust property.

(7) SECRETARY- The term `Secretary' means the Secretary of the
Interior or the designee of the Secretary of the Interior.

(8) TRUST PROPERTY- The term `trust property' means Indian
property, title to which is held in trust by the United States
for the benefit of an Individual Indian or an Indian Nation, provided
that such property was acquired in trust by the United States
under the authority of the Act of June 18, 1934 (25 U.S.C. 461
et seq.) (commonly known as the `Indian Reorganization Act')
or the Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly
known as the `Oklahoma Indian Welfare Act'), within the
boundaries of the State of Oklahoma.

TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

SEC. 101. RESTRICTIONS ON REAL PROPERTY.

(a) APPLICATION- Beginning on the effective date of this Act, all 
restricted property shall be subject to restrictions against alienation,
conveyance, lease, mortgage, creation of liens, or other encumbrances,
regardless of the degree of Indian blood of the Individual Indian
who owns such property.

(b) CONTINUATION-

(1) IN GENERAL- Any restricted property, including any restricted
property referred to in subsection
(a), shall remain restricted property notwithstanding the acquisition
of such property by an Individual Indian by inheritance, devise,
gift, or exchange.

(2) WITH WAIVER- Any restricted property, including any restricted
property referred to in subsection (a), shall remain restricted property
upon the acquisition of such property by an Individual Indian by
election to take at partition or by purchase, but only if--

(A) prior to the execution of the deed transferring such restricted
property, the Individual Indian who owned such property prior to such
election to take or purchase executes a written waiver of his or her
right to acquire other property in restricted status pursuant to section
102; and

(B) such restrictions appear in the deed transferring such property to
the Individual Indian electing to take at partition or purchasing such
property, together with certification on said deed by the Secretary that
the requirements of this paragraph have been met.

SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNATION
OR CONVEYANCE OF RESTRICTED PROPERTY.

(a) REQUIREMENT- Upon the conveyance of the restricted property 
of an Individual Indian pursuant to this Act, or upon the conveyance or
condemnation of such property pursuant to section 3 of the Act of March 3,
1901 (25 U.S.C. 357) or other Federal laws generally applicable to the
condemnation of Indian trust or restricted property, the Secretary shall
use any proceeds from such conveyance or condemnation to purchase
from a willing seller other property designated by such Individual
Indian, and such designated property shall be restricted property if--

(1) such proceeds were deposited into a segregated trust fund account
under the supervision of the Secretary at the request of the Individual
Indian;

(2) such Individual Indian provides a written statement to the Secretary
for payment of all or a portion of such proceeds for purchase of
property to be held in restricted status;

(3) such Individual Indian has not executed a written waiver of his or
her right to acquire other property in restricted status pursuant to
section 101;

(4) such restrictions appear in the conveyance to the Individual Indian
with certification by the Secretary that the requirements of this
section have been met;

(5) such property is located within the State of Oklahoma; and

(6) the Secretary determines that there are no existing liens or other
encumbrances which would substantially interfere with the use of the
property.

(b) FAIR MARKET VALUE IN EXCESS OF PROCEEDS- If the fair market 
value of any property designated under subsection (a) exceeds the amount
of proceeds that are derived from the conveyance or condemnation of such
property, a specific tract of land within the property shall be designated
by the Individual Indian for placement in restricted status. Such restrictions
shall appear on the face of the deed with certification by the Secretary
describing that portion of the property which is subject to restrictions.

(c) RULE OF CONSTRUCTION- The provisions of subsections (a) and (b) 
of this section shall apply to the reinvestment of proceeds derived from
the conveyance or condemnation of restricted property of an Individual
Indian pursuant to the Act of March 2, 1931, as amended by the Act of
June 30, 1932 (25 U.S.C. 409a), where such reinvestment occurs after 
the effective date of this Act.

SEC. 103. TRUST FUNDS.

(a) IN GENERAL- All funds and securities held or supervised by the
Secretary derived from restricted property or Individual Indian trust
property on or after the effective date of this Act, including proceeds
from any conveyance or condemnation as provided for in section 102, 
are deemed to be held in trust and shall remain subject to the
jurisdiction of the Secretary.

(b) USE OF FUNDS- Funds, securities, and proceeds described in 
subsection (a) may be released upon approval or expended by the
Secretary for the use and benefit of the Individual Indians to whom 
such funds, securities, and proceeds belong, under such rules and
regulations as the Secretary shall prescribe.

SEC. 104. PERIOD OF RESTRICTIONS.

Subject to the provisions of this Act that permit restrictions to be
removed, the period of restriction against alienation, conveyance, 
lease, mortgage, creation of liens, or other encumbrances of restricted
property and funds belonging to Individual Indians, is hereby extended
until an Act of Congress determines otherwise.

SEC. 105. REMOVAL OF RESTRICTIONS.

(a) PROCEDURE-

(1) APPLICATION- An Individual Indian who owns restricted property, 
or the legal guardian of a minor Individual Indian or of an Individual
Indian who has been determined to be legally incompetent by a court
of competent jurisdiction (including a tribal court), may apply to the
Secretary for an order removing restrictions on any interest in restricted
property owned by such Individual Indian. The application shall be
considered by the Secretary only as to the tract, tracts, or severed
mineral or surface interest described in the application.

(2) CONSIDERATION OF APPLICATION- Not later than 90 days after 
the date on which an application referred to in paragraph (1) is submitted
to the Secretary, the Secretary shall either issue the removal order or
disapprove the application.

(3) DISAPPROVAL BY VIRTUE OF MISSED DEADLINE- If the application 
referred to in paragraph (1) is not approved within 90 days of submission
to the Secretary, the application shall be deemed to have been disapproved
pursuant to paragraph (4)(B). Such disapproval of the application shall be
subject to review in accordance with the Administrative Procedures Act
(5 U.S.C. 701 et seq.), and the Secretary's regulations governing
administrative appeals.

(4) DISAPPROVAL- The Secretary shall disapprove an application pursuant
to paragraph (2) if--

(A) in the Secretary's judgment, the applicant has been subjected to
fraud, undue influence, or duress by a third party; or

(B) the Secretary determines it is otherwise not in the Individual Indian
owner's best interest.

(b) REMOVAL OF RESTRICTIONS- When an order to remove restrictions 
becomes effective under subsection (a), the Secretary shall issue a
certificate describing the property and stating that the Federal restrictions
have been removed.

(c) SUBMISSION OF LIST- Not later than April 1 of each year, the
Secretary shall cause to be filed with the county treasurer of each
county in the State of Oklahoma where restricted property is situated, 
a list of restricted property that has lost its restricted status during
the preceding calendar year in accordance with the provisions of this
Act. The Secretary shall also cause such list to be filed in the
appropriate land titles and records offices designated by the Secretary
pursuant to section 406(a).

(d) RULE OF CONSTRUCTION- Nothing in this section shall be construed 
to--

(1) abrogate valid existing rights to property that is subject to an order
to remove restrictions under this section; and

(2) remove restrictions on any other restricted property owned by the
applicant.

SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.

Sections 4 and 5 of the Act of May 27, 1908 (35 Stat. 312, chapter 199),
shall apply to all restricted property.

SEC. 107. FRACTIONAL INTERESTS.

Upon application by an Individual Indian owner of an undivided 
unrestricted interest in property of which a portion of the interests 
in such property is restricted as of the effective date of this Act, 
the Secretary shall forthwith convert that unrestricted interest into
restricted status if all of the undivided interests in the property are
owned by Individual Indians as of the date of the application under 
this section. The conversion into restricted status shall be effective
upon the date of filing of a restricted form deed with the county
clerk of the county where the property is situated; provided that such
deed must be executed by the applicant and approved by the Secretary.

TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS,
LEASES, AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND LEASES.

The Secretary shall have exclusive jurisdiction to approve conveyances
and leases of restricted property by an Individual Indian or by any
guardian or conservator of any Individual Indian who is a ward in any
guardianship or conservatorship proceeding pending in any court of
competent jurisdiction, except that petitions for such approvals that
are filed in Oklahoma district courts prior to the effective date of this
Act shall be heard and adjudicated by such courts pursuant to the
procedures described in section 1 of the Act of August 4, 1947 (61
Stat. 731, chapter 458), as in effect on the day before the effective
date of this Act, unless the Individual Indian, guardian, or conservator
dismisses the petition or otherwise objects to the conveyance or lease
prior to final court approval.

SEC. 202. APPROVAL OF CONVEYANCES.

(a) PROCEDURE-

(1) IN GENERAL- The Secretary may approve the conveyance of interests 
in restricted property by an Individual Indian--

(A) after the property is appraised by the Secretary;

(B) for an amount that is not less than 90 percent of the appraised value
of the property;

(C) to the highest bidder through the submission to the Secretary of
closed, silent bids or negotiated bids; and

(D) upon the approval of the Secretary.

(2) APPROVAL OF DEED- No deed conveying an interest in restricted
property shall be valid unless the Secretary's approval is endorsed on
the face of such deed.

(b) EXCEPTION-

(1) IN GENERAL- Notwithstanding subsection (a)(2)(B), the Secretary 
may approve the conveyance of restricted property, or any portion thereof,
by an Individual Indian to any of the individuals described in paragraph
(2) without soliciting bids, providing notice, or for consideration
which is less than the appraised value of the property, if the Secretary
determines that the conveyance is not contrary to the best interests of
the Individual Indian and that the Individual Indian has been duly
informed of and understands the fair market appraisal, and is not being
coerced into the conveyance.

(2) INDIVIDUALS- An individual described in this paragraph is limited 
to the Individual Indian spouse, father, mother, brother or sister, son,
daughter or other lineal descendant, aunt or uncle, cousin, niece or
nephew, or Individual Indian co-owner.

SEC. 203. REIMPOSITION OF RESTRICTIONS ON RESTRICTED PROPERTY
CONVEYED TO INDIAN HOUSING AUTHORITIES.

(a) IN GENERAL-

(1) CERTIFICATE OF RESTRICTED STATUS- In any case where the 
restrictions have been removed from restricted property for the purpose
of allowing conveyances of the property to Indian housing authorities to
enable such authorities to build homes for individual owners or relatives
of owners of restricted property, the Secretary shall issue a Certificate
of Restricted Status describing the property and imposing restrictions
thereon upon written request by the Individual Indian homebuyer or
an Individual Indian successor in interest to such homebuyer.

(2) REQUEST FOR CERTIFICATE- The request referred to in paragraph 
(1) shall--

(A) include evidence satisfactory to the Secretary that the homebuyer's
contract has been paid in full; and

(B) be delivered to the Secretary not later than 5 years after the
housing authority conveys such property back to the original Individual
Indian homebuyer or an Individual Indian assignee or successor of the
original Individual Indian homebuyer.

(b) EXISTING LIENS- Prior to issuing a certificate under subsection (a)
with respect to property, the Secretary may require the elimination of
any existing liens or other encumbrances which would substantially
interfere with the use of the property.

(c) APPLICATION TO CERTAIN HOMEBUYERS- Individual Indian homebuyers
described in subsection (a) who acquired ownership of property prior to
the effective date of this Act shall have 5 years from such effective
date to request that the Secretary issue a certificate under such
subsection.

(d) RULE OF CONSTRUCTION- Nothing in this Act shall be construed 
to limit or affect the rights of Individual Indians described in this
section under other Federal laws and regulations relating to the
acquisition and status of trust property.

SEC. 204. ADMINISTRATIVE APPROVAL OF PARTITION IN KIND.

(a) PARTITION IN KIND OF TRUST PROPERTY-

(1) JURISDICTION- The Secretary shall have exclusive jurisdiction to
approve the partition in kind of trust property pursuant to paragraph (2),
where all of the undivided -interests in such property are held in trust.

(2) APPROVAL ORDER- The Secretary may issue an order approving 
the partition in kind of trust property described in paragraph (1) after
receiving an application pursuant to -subsection (d)(1) and satisfying
the requirements of subsection (d), paragraphs (2) and (3), if--

(A) the Individual Indian owners of more than 50 percent of the total
undivided interest in the property approve a plan to partition such
property; and

(B) the Secretary finds the plan to be reasonable, fair, and equitable.

(3) RULE OF CONSTRUCTION- This subsection shall not apply to 
trust property if 1 or more of the undivided interests referred to in
paragraph (1) are held in trust for an Indian Nation.

(b) PARTITION IN KIND OF PROPERTY COMPRISED OF UNDIVIDED 
TRUST AND NONTRUST INTERESTS-

(1) JURISDICTION- The Secretary shall have jurisdiction to approve 
deeds for the partition in kind of property comprised of undivided trust
and nontrust interests, held in common ownership by at least 1
Individual Indian and 1 or more co-owners.

(2) APPROVAL OF PARTITION DEEDS- The Secretary may issue 
an order approving the partition in kind of all or a portion of the
property described in paragraph (1) after receiving an application
pursuant to subsection (d)(1) and satisfying the requirements of
subsection (d), paragraphs (2) and (3), if--

(A) a plan described in subsection (d)(2) or (d)(3) is approved in
writing by all of the owners; and

(B) the Secretary finds the plan to be reasonable, fair, and equitable.

(c) PARTITION OF RESTRICTED PROPERTY-

(1) JURISDICTION- The Secretary shall have jurisdiction to approve 
deeds for the partition in kind of property some or all of which
consists of undivided interests in restricted property.

(2) APPROVAL OF PARTITION DEEDS- The Secretary may--

(A) approve the partition in kind of all or a portion of the property
described in paragraph (1) after receiving an application pursuant 
to subsection (d)(1) and satisfying the requirements of subsection
(d), paragraphs (2) and (3); and

(B) secure and approve appropriate deeds from all Individual Indian
owners if--

(i) a plan described in subsection (d)(2) or (d)(3) is approved in
writing by all of the Individual Indians who own an undivided restricted
interest in the property; and

(ii) the Secretary finds the plan to be reasonable, fair, and equitable.

(3) CONTINUATION OF RESTRICTED STATUS- The restricted status 
of any property acquired by an Individual Indian by deed exchange for
the purpose of effecting a partition plan shall remain restricted pursuant
to section 101(b)(1). Any property acquired by an Individual Indian by
purchase for the purpose of effecting a partition plan shall remain
restricted if the requirements of section 101(b)(2) are met.

(d) PROCEDURES-

(1) APPLICATION- An owner or owners of an undivided interest in any 
trust property described in subsections (a)(1) or (b)(1) or any restricted
property described in subsection (c)(1) may make written application, on
a form approved by the Secretary, for the partition in kind of the
restricted property or trust property described in the application.

(2) DETERMINATION- If, based on an application submitted under 
paragraph (1), the Secretary determines that the property involved 
is susceptible to partition in kind, the Secretary shall initiate
partition of the property by--

(A) notifying the owners of such determination;

(B) providing the owners with a partition plan; and

(C) affording the owners a reasonable time to respond, object, or consent
in accordance with subsections (a)(2)(A), (b)(2)(A), or (c)(2)(B).

(3) PROPOSED LAND DIVISION PLAN- The Secretary shall give applicants 
and all other owners of property subject to a partition application under
this section a reasonable opportunity to negotiate a proposed land division
plan for the purpose of securing ownership of a tract on the property
equivalent to their respective interests in the undivided estate, prior to
taking any action related to partition in kind of the property under this
section. The Secretary may facilitate the negotiations for a land division
plan.

(4) CONVEYANCES- After the Secretary has approved a partition pursuant 
to subsection (a), (b), or (c), the Secretary shall issue or approve any
orders, deeds, or instruments of conveyance necessary to complete the
partition.---

(e) AUTHORITY OF SECRETARY TO CONSENT TO PLAN OF PARTITION 
ON BEHALF OF CERTAIN OWNERS- The Secretary may give written consent 
to a plan of partition--

(1) pursuant to subsections (a)(2)(A), (b)(2)(A), or (c)(2)(B)(1) on
behalf of any owner of an undivided interest if--

(A) the owner is deceased and the heirs to, or devisees of, the interest
of the deceased owner have not been determined;

(B) the heir or devisee referred to in paragraph (1) has been determined
but cannot be located; or

(C) the owner is a minor, non compos mentis, or otherwise under legal
disability (unless a guardian or conservator possesses the authority to
approve a plan of partition on behalf of the owner); and

(2) pursuant to subsections (b)(2)(A) and (c)(2)(B) on behalf of any
Individual Indian owner who cannot be located if the owners of 50
percent or more of the individual interest consent to such a plan.

SEC. 205. SURFACE LEASES.

The Secretary may approve leases of restricted property by an Individual
Indian pursuant to the Act of August 9, 1955 (25 U.S.C. 415 et seq.),
section 105 of the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3715), and section 219 of the Indian Land Consolidation
Act (25 U.S.C. 2218).

SEC. 206. SECRETARIAL APPROVAL OF MINERAL LEASES OR 
AGREEMENTS.

(a) APPROVAL-

(1) GENERAL RULE- No lease or agreement purporting to convey
or create any mineral interest in restricted or trust property that is
entered into or renewed after the effective date of this Act shall be
valid unless approved by the Secretary.

(2) REQUIREMENTS- The Secretary may approve a lease or agreement
described in paragraph (1) only if--

(A) the Individual Indian owners of a majority of the undivided interest
in the restricted or trust mineral estate that is the subject of the lease
or agreement (including any interest covered by a lease or agreement
executed by the Secretary under subsection (c)) consent to the lease or
agreement;

(B) the Secretary determines that approving the lease or agreement is 
in the best interest of the Individual Indian owners of the restricted
or trust mineral interests; and

(C)(i) the Secretary has accepted the highest bid for such lease or
agreement after a competitive bidding process has been conducted
by the Secretary, or

(ii) the Secretary has determined that it is in the best interest of 
the Individual Indian owners to award a lease made by negotiation, 
and the Individual Indian owners so consent in writing.

(b) EFFECT OF APPROVAL- Upon the approval of a lease or agreement 
by the Secretary under subsection (a), the lease or agreement shall be
binding upon all owners of the restricted or trust undivided interests
subject to the lease or agreement and all other parties to the lease or
agreement, to the same extent as if all of the owners of the restricted
or trust mineral interests involved had consented to the lease or
agreement.

(c) EXECUTION OF LEASE OR AGREEMENT BY SECRETARY- 
The Secretary may execute a mineral lease or agreement that affects
restricted or trust property interests on behalf of an Individual Indian
owner if that owner is deceased and the heirs to, or devisees of, the
interest of the deceased owner have not been determined, or if the heirs
or devisees have been determined but one or more of the heirs or devisees
cannot be located.

(d) DISTRIBUTION OF PROCEEDS- The proceeds derived from a mineral 
lease or agreement approved by the Secretary under subsection (a) shall
be distributed in accordance with the interest held by each owner
pursuant to such rules and regulations as may be promulgated by the
Secretary.

(e) COMMUNITIZATION AGREEMENTS- Restricted or trust mineral 
interests underlying property located within a spacing and drilling unit
approved by the Oklahoma Corporation Commission shall not be drained 
of any oil or gas by a well within such unit without a communitization
agreement prepared and approved by the Secretary. In the event of any
such drainage without a communitization agreement approved by the
Secretary, 100 percent of all revenues derived from the production from
any such restricted or trust property shall be paid to the Individual
Indian owner free of all drilling, lifting, and other production costs.

SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

(a) OIL AND GAS CONSERVATION LAWS-

(1) IN GENERAL- Except as otherwise provided in this Act, the oil 
and gas conservation laws of the State of Oklahoma shall apply to
restricted property.

(2) APPROVAL- No order of the Corporation Commission affecting 
restricted property shall be valid as to such property until such order
is submitted to and approved by the Secretary.

(3) NOTICE- Notice of any hearing or any order pending before the
Oklahoma Corporation Commission affecting restricted or trust property
shall be furnished to the Secretary of the Interior not less than
30 days prior to the date of the hearing or the approval of the order by
the Commission.

(4) RULE OF CONSTRUCTION- To the extent that an interest in any 
such well is not restricted property, the authority of the Secretary over 
the restricted mineral interest shall be exercised in conjunction with
the Oklahoma Corporation Commission's authority over such nonrestricted
interest. Nothing in this subsection shall be construed to grant to the
State of Oklahoma regulatory jurisdiction over the protection of the
environment and natural resources of restricted property, except to the
limited extent granted by this subsection.

(b) IMPLEMENTATION OF FEDERAL OIL AND GAS ROYALTY 
MANAGEMENT ACT- 
Beginning on the effective date of this Act, the Secretary shall
exercise all the duties and responsibilities of the Secretary under 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1702 et seq.) with respect to an oil and gas lease where--

(1) the Secretary has approved the oil and gas lease pursuant to 
section 206(a);

(2) the Secretary has, prior to the effective date of this Act, approved
the oil and gas lease pursuant to the Act of May 27, 1908 (35 Stat. 312,
chapter 199); or

(3) the Secretary has, before the effective date of this Act, approved an
oil and gas lease of lands of any of the Five Nations pursuant to the
Act of May 11, 1938 (25 U.S.C. 396a et seq.).

SEC. 208. MORTGAGES.

An Individual Indian may mortgage restricted property only in accordance
with and under the authority of the Act of March 29, 1956 (25 U.S.C.
483a).

TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER 
PROCEEDINGS AFFECTING TITLE TO RESTRICTED PROPERTY

SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.

The Secretary shall have jurisdiction over actions affecting title to, 
or use or disposition of, trust property or restricted property. The
United States district courts in the State of Oklahoma and the courts 
of the State of Oklahoma shall have jurisdiction over actions affecting
title to, or use or disposition of, trust property or restricted property
only to the extent expressly authorized by this Act or by other
Federal laws applicable to trust property or restricted property.

SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.

(a) JURISDICTION- The Secretary shall have exclusive jurisdiction 
to probate wills or otherwise determine heirs of deceased Individual
Indians and to adjudicate all such estate actions to the extent that
they involve individual trust property, restricted property, or trust
funds or securities held or supervised by the Secretary derived from
such property, subject to the following exceptions:

(1) The Secretary shall not have jurisdiction over such estate actions
that are pending in the courts of the State of Oklahoma as provided in
section 306 on the effective date of this Act.

(2) The Secretary shall not have jurisdiction over any estate for which 
a final order of probate or determination of heirs was issued by a court
of the State of Oklahoma or a United States district court prior to the
effective date of this Act.

(b) GOVERNING LAWS- Notwithstanding any other provision of law, 
the Secretary shall have jurisdiction and authority under this section
and sections 1 and 2 of the Act of June 25, 1910 (25 U.S.C. 372 and 373,
respectively) to determine heirs, approve and probate wills, and
distribute restricted property, trust property, and trust funds in
estates of Individual Indian decedents, subject to the following
requirements:

(1) LAW APPLICABLE TO ESTATES OF INDIVIDUAL INDIAN DECEDENTS 
WHO DIED INTESTATE PRIOR TO EFFECTIVE DATE- 
The administrative law judge or other official designated by the Secretary
shall apply the laws of the State of Oklahoma governing descent and
distribution in force on the date of the decedent's death to all restricted
property, trust property, and trust funds or securities derived from such
property in the estates of deceased Individual Indians who died intestate
prior to the effective date of this Act.

(2) LAW APPLICABLE TO ESTATES OF INDIVIDUAL INDIAN -DECEDENTS 
WHO DIE INTESTATE ON OR AFTER EFFECTIVE DATE- The administrative 
law judge or other official designated by the Secretary shall apply the following
laws to all restricted property, trust property, and trust funds or securities
derived from such property in the estates of deceased Individual Indians
who die intestate on or after the effective date of this Act:

(A) A probate code approved by the Secretary applicable to such property,
funds, and securities but only if approved by the Secretary in accordance
with section 206(b)(2) of Public Law 97-459 (25 U.S.C. 2205(b)(2)).

(B) In the absence of a probate code approved by the Secretary in
accordance with section 206(b)(2) of Public Law 97-459 (25 U.S.C.
2205(b)(2)), any Federal statute establishing rules of descent and
distribution for trust or restricted property.

(C) In the absence of either a probate code approved by the Secretary in
accordance with section 206(b)(2) of Public Law 97-459 (25 U.S.C.
2205(b)(2)) or a Federal statute establishing rules of descent and
distribution for trust or restricted property, the laws of descent and
distribution in force in the State of Oklahoma.

(3) LAW APPLICABLE TO WILLS EXECUTED PRIOR TO EFFECTIVE DATE-

(A) IN GENERAL- The Secretary shall approve a will of an estate
containing trust property, restricted property, or trust funds or
securities derived from such property if the will was executed by an
Individual Indian (i) prior to the effective date of this Act, and (ii)
in accordance with the laws of the State of Oklahoma governing the
validity and effect of wills.

(B) EXCEPTION- Notwithstanding subparagraph (A), the will of a full-blood
Individual Indian which disinherits the parent, spouse, or one or more
children of such full-blood Individual Indian shall not be valid with
respect to the disposition of restricted property unless the requirements
of section 23 of the Act of April 26, 1906 (34 Stat. 137, chapter 1876),
as in effect on the day before the effective date of this Act, are met.

(4) LAW APPLICABLE TO WILLS EXECUTED ON OR AFTER EFFECTIVE DATE-

(A) IN GENERAL- Any Individual Indian who has attained age 18 and 
owns restricted property, trust property, or trust funds or securities
may dispose of such assets by will, executed on or after the effective
date of this Act. The Secretary shall review and approve such wills in
accordance with section 2 of the Act of June 25, 1910 (25 U.S.C. 373).

(B) FRAUD- In any case where a will has been approved by the Secretary
under subparagraph (A) and it is subsequently discovered that there was
fraud in connection with the execution or procurement of the will, the
Secretary is authorized, within 1 year after the death of the testator,
to cancel approval of the will. If an approval is canceled in accordance
with the preceding sentence, the property purported to be disposed of in
the will shall descend or be distributed as property of an intestate
decedent under paragraph (2).

(5) FEDERAL LAW CONTROLS- Notwithstanding any other provision 
of this section, Federal law governing personal claims against the estate
of a deceased Individual Indian or against trust property or restricted
property, including the restrictions imposed by this Act or other
applicable Federal law against the alienation, conveyance, lease,
mortgage, creation of liens, or other encumbrances of trust property,
restricted property, and trust funds and securities shall apply to all
such assets contained in the estate of the deceased Individual Indian.

SEC. 303. ACTIONS TO CURE TITLE DEFECTS.

(a) JURISDICTION- Except as provided in subsections (b) and (c), the
United States district courts in the State of Oklahoma and the State
courts of Oklahoma shall retain jurisdiction over actions seeking to
cure defects affecting the marketability of title to restricted property.

(b) ADVERSE POSSESSION- No cause of action may be brought 
to claim title to or an interest in restricted property by adverse
possession or the doctrine of laches on or after the effective date 
of this Act, except that--

(1) all such causes that are pending on the effective date of this Act
in accordance with the provisions of section 3 of the Act of April 12,
1926 (44 Stat. 239, chapter 115), shall be subject to section 306; and

(2) an action to quiet title to an interest in restricted property on
the basis of adverse possession may be filed in the courts of the State
of Oklahoma if all requirements of Oklahoma law for acquiring title by
adverse possession, including the running of the full 15-year limitations
 period, have been met prior to the effective date of this Act.

(c) LAW APPLICABLE IN CERTAIN ACTIONS- In any action referred 
to in subsection (b)(2) that is--

(1) filed not later than 2 years after the effective date of this Act,
the law applicable to such an action on the day before the date of 
the enactment of this Act shall apply; and

(2) filed more than 2 years after the effective date of this Act, the
claimant must show by clear and convincing evidence that all requirements
of Oklahoma law for acquiring title by adverse possession in effect on
the day before the date of the enactment of this Act, including the
running of the full 15-year limitations period, were met prior to the
effective date of this Act.

(d) APPLICABILITY OF CERTAIN PROVISION OF THIS ACT- Any action 
filed pursuant to subsection (a) or (b)(2) shall be subject to the
procedures set forth in section 305.

(e) HEIRSHIP DETERMINATIONS AND DISPOSITIONS-

(1) NO DEROGATION OF JURISDICTION- Nothing in this section 
shall be construed to authorize a determination of heirs in a quiet 
title action in Federal or State court in derogation of the Secretary's
exclusive jurisdiction to probate wills or otherwise determine heirs of
the deceased Individual Indians owning restricted property and to
adjudicate all such estate actions involving restricted property pursuant
to section 302, or in derogation of the Secretary's exclusive jurisdiction
over the disposition of restricted property under this Act.

(2) REQUEST FOR DETERMINATION OF HEIRS TO ESTABLISH 
MARKETABLE TITLE- Any grantee of an undetermined heir who, 
prior to the effective date of this Act and in accordance with applicable
Federal laws, conveyed, leased, or otherwise encumbered his or her
interest in the restricted property of an unprobated estate of an
Individual Indian decedent may request that the Secretary determine 
the heirs of the decedent in order to establish marketable title in said
grantee.

(3) DETERMINATION REQUIRED- Upon receipt of an application made 
under paragraph (2), the Secretary shall determine the heirs in
accordance with the provisions of section 302.

(4) GRANTEE- For purposes of this subsection the term grantee shall
include any grantee, lessee, or mortgagee of such heir and any 
successors or assigns of such grantee.

SEC. 304. INVOLUNTARY PARTITIONS OF RESTRICTED PROPERTY.

(a) PETITION; JURISDICTION AND APPLICABLE LAW; REQUIREMENTS-

(1) PETITIONS- Subject to the provisions of subsection (d), any 
person who owns any undivided interest in a tract of property 
consisting entirely or partially of undivided restricted interests,
regardless of the size of that person's interest in the whole tract, 
may file an action in the United States district court in the district
wherein the tract is located or the Oklahoma State district court for
the county wherein the tract is located for the involuntary partition of
such tract.

(2) JURISDICTION; APPLICABLE LAW- The United States district courts 
in the State of Oklahoma and the State courts of Oklahoma shall have
jurisdiction over actions for the involuntary partition of property
filed pursuant to this section, subject to all requirements and
limitations of this section and the requirements in sections 305 and 306.
The laws of the State of Oklahoma governing the partition of property
shall be applicable to all actions for involuntary partition under this
section, except to the extent that any such laws are in conflict with any
provisions of this section and sections 305 and 306.

(3) AGREEMENT AFTER INITIATION OF ACTION- If after the initiation 
of any action authorized by this section, the parties to the suit reach
an agreement for the partition of the property in kind or by sale, such
agreement shall not be valid or binding as to the restricted interests
until it is approved by the Secretary. The Secretary shall approve the
partition plan if he finds it to be fair, reasonable and equitable to
the Individual Indian owners of the restricted interests.

(4) APPROVAL OF ELECTION OR SALE- If the tract consists of wholly 
or partially undivided restricted interests, the court may approve an
election by any undivided interest owner to take the property at the
full appraised value pursuant to the laws of the State of Oklahoma
governing partitions in effect on the effective date of this Act or, if
there is no such election, to approve the sale of the property at public
auction for no less than two-thirds of the appraised value pursuant to
such laws of the State of Oklahoma.

(5) DETERMINATION OF VALUE- The Secretary shall determine the 
value of the property and submit an appraisal to the court. If the value
of the property determined by the Secretary is greater than the valuation
or appraisement of the property made pursuant to law of the State of
Oklahoma, the court shall set a hearing at which time the Secretary and
any other party shall be afforded an opportunity to present evidence
regarding the value of the property, following which the court may accept
the Secretary's valuation, or accept the valuation and appraisement made
pursuant to law of the State of Oklahoma, or order a new valuation and
appraisement pursuant to law of the State of Oklahoma.

(b) PAYMENT TO NONCONSENTING OWNERS OF RESTRICTED
INTERESTS- Nonconsenting owners of undivided restricted interests 
shall receive for the sale of such interests their proportionate share of
the greater of--

(1) the proceeds paid at the partition sale; or

(2) an amount equal to 90 percent of the appraised value of the tract.

(c) COSTS- A nonconsenting Individual Indian owner of restricted
interests shall not be liable for any filing fees or costs of an action
under this section, including the cost of an appraisal, advertisement,
and sale, and no such costs shall be charged against such nonconsenting
owner's share of the proceeds of sale.

(d) DEADLINE- No action for the involuntary partition of property shall
be maintained under this section unless it is filed within 10 years after
the effective date of this Act.

SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DEFECTS 
AND INVOLUNTARY PARTITIONS.

(a) IN GENERAL- All actions authorized by sections 303 and 304 shall 
be conducted in accordance with the requirements and procedures
described in this section.

(b) PARTIES-

(1) UNITED STATES- The United States shall not be a necessary and
indispensable party to an action authorized under section 303 or 304. 
The Secretary may participate as a party in any such action.

(2) PARTICIPATION OF THE SECRETARY- If the Secretary elects 
to participate in an action as provided for under paragraph (1), the
responsive pleading of the Secretary shall be made not later than 20
days after the Secretary receives the notice required under subsection
(c), or within such extended time as the trial court in its discretion
may permit.

(3) JUDGMENT BINDING- After the appearance of the Secretary in any
action described in paragraph (1), or after the expiration of the time in
which the Secretary is authorized to respond under paragraph (2), the
proceedings and judgment in such action shall be binding on the United
States and the parties upon whom service has been made and shall affect
the title to the restricted property which is the subject of the action,
in the same manner and extent as though nonrestricted property were
involved.

(4) RULE OF CONSTRUCTION- Nothing in this section shall be construed 
to waive the requirement of service of summons in accordance with
applicable Federal or State law upon the Individual Indian landowners,
who shall be necessary and indispensable parties to all actions
authorized by sections 303 and 304.

(c) NOTICE-

(1) IN GENERAL- The plaintiff in any action authorized by sections 
303 and 304 shall serve written notice of the filing of such action and
of a petition or complaint, or any amended petition or complaint which
substantially changes the nature of the action or includes a new cause
of action, upon the Secretary not later than 10 days after the filing of
any such petition or complaint or any such amended petition or complaint.

(2) FILING WITH CLERK- At least one duplicate original of any notice
served under paragraph (1) shall be filed with the clerk of the court in
which the action is pending.

(3) REQUIREMENTS- The notice required under paragraph 
(1) shall be--

(A) accompanied by a certified copy of all pleadings on file in the
action at the time of the filing of the duplicate original notice with
the clerk under paragraph (2);

(B) signed by the plaintiff to the action or his or her counsel of
record; and

(C) served by certified mail, return receipt requested, and due return
of service made thereon, showing date of receipt and service of notice.

(4) FAILURE TO SERVE- If the notice required under paragraph 
(1) is not served within the time required under such paragraph, or 
if return of service thereof is not made within the time permitted by law
for the return of service of summons, alias notices may be issued and
filed until service and return of notice is made, except that in the
event that service of the notice required under such paragraph is not
made within 60 days following the filing of the petition or complaint or
amendments thereof, the action shall be dismissed without prejudice.

(5) LIMITATION- In no event shall the United States or the parties 
named in a notice filed under paragraph (1) be bound, or title to the
restricted property be affected, unless written notice is served upon
the Secretary as required under this subsection.

(d) REMOVAL-

(1) IN GENERAL- The United States shall have the right to remove 
any action to which this section applies that is pending in a State court
to a United States district court by filing with the State court, not
later than 20 days after the service of any notice with respect to such
action under subsection (c), or within such extended period of time as
the trial court in its discretion may permit, a notice of the removal of
such action to a United States district court, together with the
certified copy of the pleadings in such action as served on the 
Secretary under subsection (c).

(2) DUTY OF STATE COURT- It shall be the duty of a State court to
accept a notice filed under paragraph (1) and proceed no further in 
said suit.

(3) PLEADINGS- Not later than 20 days after the filing of a notice under
paragraph (1), the copy of the pleadings involved (as provided under such
paragraph) shall be entered in the United States district court and the
defendants and intervenors in such action shall, not later than 20 days
after the pleadings are so entered, file a responsive pleading to the
complaint in such action.

(4) PROCEEDINGS- Upon the submission of the filings required 
under paragraph (3), the action shall proceed in the same manner 
as if it had been originally commenced in the United States district
court, and its judgment may be reviewed by certiorari, appeal, or writ
of error in like manner as if the action had been originally brought in
such district court.

SEC. 306. PENDING STATE PROCEEDINGS.

The courts of the State of Oklahoma shall continue to exercise 
authority as a Federal instrumentality over all heirship, probate,
partition, and other actions involving restricted property that are
pending on the effective date of this Act until the issuance of a 
final judgment and exhaustion of all appeal rights in any such 
action, or until the petitioner, personal representative, or the 
State court dismisses the action in accordance with State law.

TITLE IV--MISCELLANEOUS

SEC. 401. REGULATIONS.

The Secretary may promulgate such regulations as may be necessary 
to carry out this Act, except that failure to promulgate such regulations
shall not limit or delay the effect of this Act.

SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAVINGS CLAUSE.

(a) VALIDATION OF CERTAIN TITLE TRANSACTIONS- Any person having 
the legal capacity to own real property in the State of Oklahoma who
claims ownership of an interest in such property through an unbroken
chain of title of record, the title to which interest is or may be
defective as a result of any transaction described in paragraphs (1)
through (5) of this subsection that occurred in such chain of title, may
cure the defect in title and validate the transaction by following the
procedures of this section. When all conditions and requirements of this
section have been met, and if no notice of objection has been timely
filed by the Secretary under subsection (c) or by any other person under
subsection (f), the transaction shall be validated and shall not be
considered a defect in the muniments of title but only insofar as the
defect is based on or arises from Federal statutes applicable to the
conveyance or inheritance of restricted property in effect at the time of
the transaction. The transactions referred to in this subsection are the
following:

(1) Any probate order issued by a county court of the State of Oklahoma
prior to the effective date of the Act of June 14, 1918 (40 Stat. 606)
purporting to probate the estate of an Individual Indian who died owning
property which was subject to restrictions against alienation pursuant
to Federal statutes in effect at the time of issuance of such probate
order.

(2) Any probate order issued by a county or district court of the State
of Oklahoma more than 30 years prior to the effective date of this Act
purporting to probate the estate of a deceased Individual Indian who died
owning property which was subject to restrictions against alienation
pursuant to Federal law in effect at the time of issuance of such probate
order, where notice was not given as required by Federal statutes in
effect at the time.

(3) Any conveyance of record, including an oil and gas or mineral lease,
of an interest in property which was subject to restrictions against
alienation pursuant to Federal statutes in effect at the time of the
conveyance executed by a person who was an heir or purported heir of the
Individual Indian decedent who owned such property at the time of his
death, if such conveyance was approved by a county or district court in
Oklahoma more than 30 years before the effective date of this Act but
where no judicial or administrative order of record was issued before or
after such approval finding that such person was in fact the heir to the
interest conveyed.

(4) Any conveyance of record, including an oil and gas or mineral lease,
of individual trust property or property which was subject to restrictions
against alienation pursuant to Federal statutes in effect at the time of
the conveyance that was approved by a county or district court in
Oklahoma or by the Secretary more than 30 years before the effective 
date of this Act, where--

(A) approval was not in compliance with the notice requirements of
Federal statutes governing the conveyance of said individual trust
property or said restricted property; or

(B) approval was given by a county or district court in Oklahoma of a
conveyance of the property by a personal representative in a probate
action over which said county or district court possessed jurisdiction,
without compliance with Federal statutes governing the conveyance 
of the property in effect at the time of the conveyance.

(5) Any conveyance of record, including an oil and gas or mineral lease,
of individual trust property or property which was subject to restrictions
against alienation pursuant to Federal statutes in effect at the time of
the conveyance that was approved by a county or district court in
Oklahoma or by the Secretary at any time before the effective date of
this Act, where--

(A) approval was given by the Secretary where the Federal statutes
governing the conveyance of the property required approval by a 
county or district court in Oklahoma; or

(B) approval was given by a county or district court in Oklahoma where
the Federal statutes governing the conveyance of the property in effect
at the time of the conveyance required approval of the Secretary.

(b) NOTICE OF CLAIM; SERVICE AND RECORDING-

(1) NOTICE TO THE SECRETARY- Any claimant described in subsection 
(a) must serve written notice of his or her claim by certified mail,
return receipt requested, on the Secretary, and file the notice of claim,
together with a copy of the return receipt showing delivery to the
Secretary and filing in the office of county clerk in the county or
counties wherein the property is located. The notice shall not be
complete for the purposes of this section until it has been served on 
the Secretary and filed of record as herein provided. The notice of 
claim shall set forth the following:

(A) The claimant's name and mailing address.

(B) An accurate and full description of all property affected by such
notice, which description shall be set forth in particular terms and not
be general inclusions; but if said claim is founded upon a recorded
instrument, then the description in such notice may be the same as that
contained in such recorded instrument.

(C) A specific reference to or description of each title transaction in
the chain of title, including the date of same, that the claimant is
attempting to validate pursuant to this section.

(D) A list of all documents of record that are part of the claimant's
unbroken chain of title, copies of which documents shall be served 
with the notice.

(2) PUBLICATION NOTICE- In addition to the notice to the 
Secretary required under paragraph (1), the claimant shall give 
notice by publication of his or her claim to other persons who 
may claim some interest in the property in accordance with this 
paragraph. The claimant shall cause notice of his or her claim 
to be published one time in a newspaper of general circulation 
in the county or counties wherein the property is located and
shall thereafter cause proof of such publication to be filed in 
the office of the county clerk for such county or counties. The 
published notice shall set forth the following:

(A) The claimant's name and mailing address.

(B) The same description of the property required under subsection (b)(1)
(B) to be included in the notice to the Secretary.

(C) A description of each title transaction in the chain of title,
including the date of same, that the claimant is attempting to 
validate pursuant to this section.

(D) A statement that any person claiming an interest in the described
property may file a written notice of objection, in the form of a
declaration under oath, in the office of the county clerk of the county
or counties wherein the property is located not more than 60 days after
the date of publication of the notice in such newspaper, and that the
written notice of objection must set forth--

(i) the declarant's name and mailing address;

(ii) the description of the property set forth in the publication notice; 
and

(iii) a statement that the declarant claims in good faith to be the
owner of some interest in the property and objects to the validation 
of the transactions described in the publication notice.

(c) RESPONSE DEADLINE; EXTENSION- The Secretary shall have 
60 days after the date of receipt of the notice of claim in which to
notify the claimant in writing that the Secretary exercises discretionary
authority to object to the claim for any reason. The Secretary shall be
entitled to an automatic extension of time of 60 days in which to object
to the claim upon the Secretary's service of written notice of extension
on the claimant within the initial 60-day response period.

(d) NOTICE OF OBJECTION; REMEDIES- The Secretary shall send 
the notice of objection and any notice of extension of time to the
claimant by certified mail to the address set forth in the claimant's
notice to the Secretary. The Secretary's notice of objection or notice of
extension of time shall include a description of the property and shall
be effective on the date of mailing. The Secretary shall file the notice
of objection or notice of extension of time in the office of the county
clerk for the county or counties wherein the property is located within
30 days after the date of mailing of the notice to the claimant. If the
Secretary notifies the claimant that the Secretary objects to the claim,
such decision shall be final for the Department and the claimant's sole
remedies shall be to file an action to cure title defects pursuant to
section 303 of this Act or to request a determination of heirs in
accordance with section 302 of this Act.

(e) UNDISPUTED CLAIM- If, in the exercise of discretionary authority
pursuant to subsection (c), the Secretary does not object to the claim,
then the Secretary may notify the claimant that the matter is not in
dispute. Failure of the Secretary to notify the claimant of the Secretary's
objection within the initial 60-day period, or within the 60-day
extension period if notice of an extension was given, shall constitute
acceptance of the claim. If the Secretary notifies the claimant that the
matter is not in dispute or fails to file an objection to the claim of
record within the time required by subsection (d), the title transaction
described in the claimant's notice shall be deemed validated and shall
not be considered a defect in the muniments of the claimant's title based
on or arising from Federal statutes governing the conveyance of
restricted property in effect at the time of the transaction, provided
that no written notice of objection is timely filed by other parties in
response to a notice published pursuant to subsection (b)(2) or in
accordance with subsection (f).

(f) NOTICE OF OBJECTION BY OTHER PARTIES TO APPLICABILITY 
OF THIS SECTION- Any person claiming ownership of an interest in 
property the record title to which includes a title transaction described
in subsection (a) of this section may prevent the application of
subsections (a) through (e) to said interest by filing for record in the
office of the county clerk for the county or counties wherein the
property in question is located, no later than 3 years after the
effective date of this Act, a written notice of objection in the form 
of a declaration made under oath setting forth the following:

(1) The declarant's name and mailing address.

(2) An accurate and full description of all of the declarant's property
interests to be affected by such notice, which description shall be set
forth in particular terms and not be general inclusions; but if said
declarant's claim to ownership is founded upon a recorded instrument,
then the description in such notice may be the same as that contained 
in such recorded instrument.

(3) A statement that the declarant claims in good faith to be the
owner of an interest in the property described in the notice and that 
the declarant objects to the operation of this section with respect 
to any title transaction that would otherwise be subject to validation
under this section.

(g) INTERESTS OF HEIRS OF LESS THAN HALF DEGREE BLOOD 
OF THE FIVE NATIONS- Nothing in this Act shall be construed to invalidate--

(1) any conveyance of record, including a surface, oil and gas, or
mineral lease, of an interest in property made prior to the effective
date of this Act by an heir of a deceased Individual Indian without
district court approval where such heir was of less than one-half degree
of Indian blood, even though the property was held in restricted status
immediately prior to the decedent Individual Indian's death; or

(2) any other encumbrance that attached prior to the effective date of
this Act to an interest in property of an heir of a deceased Individual
Indian where such heir was of less than one-half degree of Indian blood,
even though the property was held in restricted status immediately prior
to the decedent Individual Indian's death.

(h) TERMS- For purposes of this section:

(1) A person shall be deemed to have an unbroken chain of title
when the official public records, including probate and other official
public records, as well as records in the county clerk's office, disclose
a conveyance or other title transaction of record not less than 30 years
prior to the effective date of this Act, which said conveyance or other
title transaction purports to create such interest, either in--

(A) the person claiming such interest; or

(B) some other person from whom, by 1 or more conveyances or 
other title transactions of record, such purported interest has become
vested in the person claiming such interest; with nothing appearing of
record, in either case, purporting to divest such claimant of such
purported interest.

(2) The term recording, when applied to the official public records 
of any officer or court, includes filing with the officer or court.

SEC. 403. REPEALS.

(a) IN GENERAL- The following provisions are repealed:

(1) The Act of August 11, 1955 (69 Stat. 666, chapter 786, 25 
U.S.C. 355 note).

(2) Sections 1 through 5, 7 through 9, and 11 through 13 of the Act
of August 4, 1947 (61 Stat. 731, chapter 458, 25 U.S.C. 355 note).

(3) The Act of December 24, 1942 (56 Stat. 1080, Chapter 813).

(4) The Act of February 11, 1936 (25 U.S.C. 393a, Chapter 50).

(5) The Act of January 27, 1933 (47 Stat. 777, chapter 23, 25 U.S.C. 355 note).

(6) Sections 1, 2, 4, and 5 of the Act of May 10, 1928 (45 Stat. 495, chapter 517).

(7) The Act of April 12, 1926 (44 Stat. 239, chapter 115).

(8) Sections 1 and 2 of the Act of June 14, 1918 (Chapter 101, 25 U.S.C.
375 and 355, respectively).

(9) Sections 1 through 3 and 6 through 12 of the Act of May 27, 1908 
(35 Stat. 312, chapter 199).

(10) Sections 6, 11, 15, 18, 20, and 23 of the Act of April 26, 1906 
(34 Stat. 137, chapter 1876).

(b) TECHNICAL AMENDMENTS-

(1) Section 28 of the Act of April 26, 1906 (34 Stat. 137, chapter 1876) 
is amended--

(A) by striking the first proviso; and

(B) by striking `Provided further' and inserting `Provided'.

(2) The Act of March 3, 1909, (35 Stat. 781, 783, chapter 263) 
is amended by striking `of the Five Civilized Tribes and'.

(3) Section 6 of the Act of August 4, 1947 (61 Stat. 733, chapter 458) 
is amended--

(A) in subsection (c), by inserting before the final period the following:
`: Provided further, That any interest in restricted and tax-exempt lands
acquired by descent, devise, gift, exchange, partition, conveyance, or
purchase with restricted funds after the date of the enactment of the
Five Nations Indian Land Reform Act by an Indian of the Five Civilized
Tribes shall continue to be tax-exempt during the restricted period';
and

(B) in subsection (e), by striking the first sentence.

(4) The Act of June 25, 1910 (25 U.S.C. section 373) is amended by
inserting at the beginning of the last proviso the following: `Except as
provided in section 302(b) of the Five Nation Indian Land Reform Act,'.

(5) The Act of May 7, 1970 (84 Stat. 203, Public Law 91-240, 25 U.S.C.
375d), is amended--

(A) by inserting `Creek,' after `Cherokee,'; and

(B) by striking `derived and shall' and inserting the following:`derived.
Such lands, interests, and profits, and any restricted Indian lands or
interests therein allotted by any such Indian nation that are reacquired
by that Indian nation by conveyance authorized under section 202(a) of
the Five Nations Indian Land Reform Act shall'.

(6) Section 1 of the Act of October 22, 1970 (84 Stat. 1091, Public 
Law 91-495), is amended by striking the last sentence.

SEC. 404. SECRETARIAL TRUST RESPONSIBILITY.

Nothing in this Act shall be construed to waive, modify, or diminish 
in any way the trust responsibility of the United States over restricted
property.

SEC. 405. REPRESENTATION BY ATTORNEYS FOR THE
DEPARTMENT OF THE INTERIOR.

Attorneys of the Department of the Interior may--

(1) represent the Secretary in any actions filed in the State courts 
of Oklahoma involving restricted property;

(2) when acting as counsel for the Secretary, advising Individual Indians
owning restricted property (and to private counsel for such Individual
Indians if any) of their legal rights with respect to the restricted
property owned by such Individual Indians;

(3) at the request of any Individual Indian owning restricted property,
take such action as may be necessary to cancel or annul any deed,
conveyance, mortgage, lease, contract to sell, power of attorney, or any
other encumbrance of any kind or character, made or attempted to be
made or executed in violation of this Act or any other Federal law, and
take such action as may be necessary to assist such Individual Indian in
obtaining clear title, acquiring possession, and retaining possession of
restricted property and any other appropriate remedy;

(4) in carrying out paragraph (3), refer proposed actions to be filed in
 the name of the United States in a district court of the United States
to the United States Attorney for that district, and provide assistance
in an of-counsel capacity in those actions that the United States
Attorney elects to prosecute; and

(5) appear specially before the Oklahoma Corporation Commission 
on behalf of the Secretary to protect Individual Indians' restricted
property interests.

SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.

(a) REQUIREMENT FOR FILING- The Secretary shall file the following 
orders or other decision documents which concern restricted property 
and are issued after the effective date of this Act by the Secretary in
the appropriate land titles and records offices, as designated by the
Secretary, and in the office of the county clerk in the county where 
such restricted property is located:

(1) Any order or other decision document removing restrictions,
imposing restrictions, approving conveyances, approving leases, 
approving voluntary partitions, approving mortgages, probating wills, 
or determining heirs, and approving orders of the Oklahoma Corporation
Commission.

(2) Any notice issued by the Secretary pursuant to section 402.

(b) CONSTRUCTIVE NOTICE- The filing of said documents pursuant 
to this section shall constitute constructive notice to the public of
the effect of said documents filed.

(c) CERTIFICATION OF AUTHENTICITY- The Secretary shall have authority 
to certify the authenticity of copies of such documents and title examiners
shall be entitled to rely on said authenticated copies for the purpose
of determining marketability of title to the property described therein.

SEC. 407. PUBLICATION OF DESIGNATED OFFICIALS.

The Secretary shall identify each designee for purposes of the receipt 
of notices or the performance of any Secretarial duty or function under
this Act by publication of notice in the Federal Register.

SEC. 408. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to limit or affect the rights of
Individual Indians under other Federal laws relating to the acquisition
and status of trust property, including without limitation, the
following:

(1) The Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known 
as the `Indian Reorganization Act').

(2) The Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known 
as the `Oklahoma Indian Welfare Act').

(3) The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.).

(4) Regulations relating to the Secretary's authority to acquire lands 
in trust for Indians and Indian tribes.

SEC. 409. TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.

To the extent the Southwestern Power Administration makes transmission
capacity available without replacing the present capacity of existing
users of the Administration's transmission system, the Administrator of
the Southwestern Power Administration shall take such actions as may be
necessary, in accordance with all applicable Federal law, to make the
transmission services of the Administration available for the transmission
of electric power generated at facilities located on land within the
jurisdictional area of any Oklahoma Indian tribe (as determined by the
Secretary of the Interior) recognized by the Secretary as eligible for
trust land status under 25 CFR Part 151. The owner or operator of the
generation facilities concerned shall reimburse the Administrator for all
costs of such actions in accordance with standards applicable to payment
of such costs by other users of the Southwestern Power Administration
transmission system.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be necessary 
to carry out this Act.

SEC. 411. EFFECTIVE DATE.

Except for section 409, the provisions of this Act shall take effect 
on January 1, 2004.

Passed the House of Representatives June 11, 2002. 

Attest: 

Clerk. 

END