109th CONGRESS
2d Session
S. 3526
To amend the Indian Land Consolidation Act to modify certain requirements
under that Act.
IN THE SENATE OF THE UNITED STATES
June 15, 2006
Mr. MCCAIN introduced the following bill; which was read twice and referred
to the Committee on Indian Affairs
A BILL
To amend the Indian Land Consolidation Act to modify certain requirements
under that Act.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Indian Land Consolidation Act Amendments of
2006'.
SEC. 2. DEFINITIONS.
Section 202 of the Indian Land Consolidation Act (25 U.S.C. 2201) is amended--
(A) by inserting `(i)' after `(4)';
(B) by striking `trust or restricted interest in land' or' and inserting
the following:
`(ii) `trust or restricted interest in land' or'; and
(C) in clause (ii) (as designated by subparagraph (B)), by striking
`an interest in land, title to which' and inserting `an interest in
land, the title to which interest'; and
(2) by striking paragraph (7) and inserting the following:
`(A) means any real property; and
`(B) for purposes of intestate succession only under section 207(a),
includes, with respect to any decedent who dies after July 20, 2007,
the interest of the decedent in any improvements permanently affixed
to a parcel of trust or restricted lands (subject to any valid mortgage
or other interest in such an improvement) that was owned in whole or
in part by the decedent immediately prior to the death of the decedent;'.
SEC. 3. DESCENT AND DISTRIBUTION.
Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended--
(1) in subsection (a)(2)(D)--
(A) in clause (i), by striking `clauses (ii) through (iv)' and inserting
`clauses (ii) through (v)'; and
(B) by striking clause (v) and inserting the following:
`(v) EFFECT OF PARAGRAPH; NONAPPLICABILITY TO CERTAIN INTERESTS- Nothing
in this paragraph--
`(I) limits the right of any person to devise any trust or restricted
interest pursuant to a valid will in accordance with subsection
(b); or
`(II) applies to any interest in the estate of a decedent who died
during the period beginning on the date of enactment of this subclause
and ending on July 20, 2007 (or the last day of any applicable period
of extension authorized by the Secretary under clause (vi)).
`(vi) AUTHORITY TO EXTEND PERIOD OF NONAPPLICABILITY- The Secretary
may extend the period of nonapplicability under clause (v)(II) for
not longer than 1 year if, by not later than July 2, 2007, the Secretary
publishes in the Federal Register a notice of the extension.';
(2) in subsection (c)(2), by striking `the date that is' and all that
follows through the period at the end and inserting the following: `July
21, 2007.'; and
(i) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii) and indenting the clauses appropriately; and
(ii) by striking `(3)' and all that follows through `No sale' and
inserting the following:
`(3) REQUEST TO PURCHASE; CONSENT REQUIREMENTS; MULTIPLE REQUESTS TO PURCHASE-
`(A) IN GENERAL- No sale'; and
(iii) by striking the last sentence and inserting the following:
`(B) MULTIPLE REQUESTS TO PURCHASE- Except for interests purchased pursuant
to paragraph (5), if the Secretary receives a request with respect to
an interest from more than 1 eligible purchaser under paragraph (2),
the Secretary shall sell the interest to the eligible purchaser that
is selected by the applicable heir, devisee, or surviving spouse.';
(i) in subparagraph (A), by adding `and' at the end;
(ii) in subparagraph (B), by striking `; and' and inserting a period;
and
(iii) by striking subparagraph (C); and
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking `auction and';
(II) in clause (i), by striking `and' at the end;
(aa) by striking `auction' and inserting `sale';
(bb) by striking `the interest passing to such heir represents'
and inserting `, at the time of death of the applicable decedent, the interest
of the decedent in the land represented'; and
(cc) by striking the period at the end and inserting `; and';
and
(IV) by adding at the end the following:
`(iii)(I) the Secretary is purchasing the interest as part of the
program authorized under section 213(a)(1); or
`(II) after receiving a notice under paragraph (4)(B), the Indian
tribe with jurisdiction over the interest is proposing to purchase
the interest from an heir that is not a member, and is not eligible
to become a member, of that Indian tribe.';
(ii) in subparagraph (B)--
(I) by striking `(B)' and all that follows through `such heir' and
inserting the following:
`(B) EXCEPTION; NONAPPLICABILITY TO CERTAIN INTERESTS-
`(i) EXCEPTION- Notwithstanding subparagraph (A), the consent of the
heir or surviving spouse';
(II) in clause (i), by inserting `or surviving spouse' before `was
residing'; and
(III) by adding at the end the following:
`(ii) NONAPPLICABILITY TO CERTAIN INTERESTS- Subparagraph (A) shall
not apply to any interest in the estate of a decedent who dies on
or before July 20, 2007 (or the last day of any applicable period
of extension authorized by the Secretary under subparagraph (C)).';
and
(iii) by adding at the end the following:
`(C) AUTHORITY TO EXTEND PERIOD OF NONAPPLICABILITY- The Secretary may
extend the period of nonapplicability under subparagraph (B)(ii) for
not longer than 1 year if, by not later than July 2, 2007, the Secretary
publishes in the Federal Register a notice of the extension.'.
END
