| Home > 106th Congressional Bills > H.R. 5308 (ih) To amend laws relating to the lands of the citizens of the Muscogee (Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations, historically referred to as the Five Civilized Tribes, and for other purposes. [Introduced in House] %%Filename:...
H.R. 5308 (ih) To amend laws relating to the lands of the citizens of the Muscogee (Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations, historically referred to as the Five Civilized Tribes, and for other purposes. [Introduced in House] %%Filename:...
106th CONGRESS 2d Session H. R. 5308 _______________________________________________________________________ AN ACT To amend laws relating to the lands of the citizens of the Muscogee (Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations, historically referred to as the Five Civilized Tribes, and for other purposes. 106th CONGRESS 2d Session H. R. 5308 _______________________________________________________________________ AN ACT To amend laws relating to the lands of the citizens 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 Citizens Land Reform Act of 2000''. (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. Purpose. Sec. 4. Definitions. TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS Sec. 101. Restrictions on real property. Sec. 102. Restricted funds. Sec. 103. Period of restrictions. Sec. 104. Removal of restrictions. Sec. 105. Exemptions from prior claims. Sec. 106. 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 conveyances of property to Indian housing authorities. Sec. 204. Administrative partition. Sec. 205. Surface leases. Sec. 206. Mineral leases. Sec. 207. Management of mineral interests. Sec. 208. Mortgages. Sec. 209. Validation of prior conveyances. TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL PROCEEDINGS Sec. 301. Actions affecting restricted property. Sec. 302. Heirship determinations and probates. Sec. 303. Actions to cure title defects. Sec. 304. Involuntary partitions. 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. Repeals. Sec. 403. Statutory construction. Sec. 404. Representation by attorneys for the Department of the Interior. TITLE V--WATER BASIN COMMISSION Sec. 501. Water basin commission. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1970, Federal Indian policy has focused on 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 members of 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 citizens. (3) The exercise of Federal instrumentality jurisdiction by the courts of the State of Oklahoma over conveyances and inheritance of restricted property belonging to Indian citizens of the Five Nations-- (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 Indian citizens and their lands; and (B) has impeded the self-determination and economic self-sufficiency of Indian citizens within the exterior boundaries of the Five Nations. SEC. 3. PURPOSE. (a) In General.--It is the purpose of this Act to-- (1) correct the disparate Federal treatment of individual allotted lands of Indian citizens of the Five Nations that resulted from prior Federal legislation by equalizing the Federal legislative treatment of restricted and trust lands; (2) eliminate unnecessary legal and bureaucratic obstacles that impede the highest and best use of restricted property belonging to Indian citizens of the Five Nations; (3) 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 Indian citizens, which concern the rights of Indian citizens to hold and acquire such property in restricted and trust status; and (4) 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 partition under certain circumstances of restricted property belonging to Indian citizens of the Five Nations. (b) Rule of Construction.--Nothing in this Act shall be construed to limit or affect the rights of Indian citizens under other Federal laws relating to the acquisition and status of trust property, including without limitation, the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act), the Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the Oklahoma Indian Welfare Act), the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), and regulations relating to the Secretary's authority to acquire lands in trust for Indians and Indian tribes. 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 are historically referred to as the ``Five Civilized Tribes''. (2) Indian citizen.--The term ``Indian citizen'' means a member or citizen of one of the individual Five Nations referred to in paragraph (1), or an individual who is determined by the Secretary to be a lineal descendent by blood of an Indian ancestor enrolled on the final Indian rolls of the Five Civilized Tribes closed in 1906. (3) 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). (4) Indian nation.--The term ``Indian Nation'' means one of the individual Five Nations referred to in paragraph (1). (5) Regional office.--The term ``Regional Office'' means the Eastern Oklahoma Regional Office of the Bureau of Indian Affairs, or any successor office within the Department of Interior. (6) Restricted property.--The term ``restricted property'' means any right, title or interest in real property owned by an Indian citizen that is subject to a restriction against alienation, lease, mortgage, and 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 in 1906, and includes those interests in property that were subject to a restriction against alienation imposed by the United States on the ownership of an Indian citizen who died prior to the effective date of this Act (subject to valid existing rights) but whose interest had not, as of the effective date of this Act, been the subject of a final order determining heirs by a State district court or a United States District Court, or been conveyed by putative heirs by deed approved in State district court, except that such term shall 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. (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 Indian citizen or an Indian Nation. 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, lease, mortgage, and other encumbrances, regardless of the degree of Indian blood of the Indian citizen who owns such property. (b) Continuation.--The restrictions made applicable under subsection (a) shall continue with respect to restricted property upon the acquisition of such property by an Indian citizen by inheritance, devise, gift, exchange, election to take at partition, or by purchase. SEC. 102. RESTRICTED 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 are declared to be restricted and shall remain subject to the jurisdiction of the Secretary until or unless otherwise provided for by Federal law. (b) Use of Funds.--Funds, securities, and proceeds described in subsection (a) may be released or expended by the Secretary for the use and benefit of the Indian citizens to whom such funds, securities, and proceeds belong, as provided for by Federal law. SEC. 103. PERIOD OF RESTRICTIONS. Subject to the provisions of this Act that permit restrictions to be removed, the period of restriction against alienation, lease, mortgage, or other encumbrance of restricted property and funds belonging to Indian citizens, is hereby extended until an Act of Congress determines otherwise. SEC. 104. REMOVAL OF RESTRICTIONS. (a) Procedure.-- (1) Application.--An Indian citizen who owns restricted property, or the legal guardian of a minor Indian citizen or an Indian citizen 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 held by such Indian citizen. (2) Consideration of application.--An application under paragraph (1) shall be considered by the Secretary only as to the tract, tracts, or severed mineral or surface interest described in the application. Not later than 90 days after the date on which an application is submitted, the Secretary shall either issue the removal order or disapprove of the application. (3) Disapproval.--The Secretary shall disapprove an application under paragraph (1) 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 Indian citizen 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.--Prior to or on 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 through acquisition of ownership by an individual or entity who is not an Indian citizen or by removal of restrictions pursuant to this section. (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. 105. EXEMPTIONS FROM PRIOR CLAIMS.
Other Popular 106th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents