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.
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