[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3526 Introduced in Senate (IS)]
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--
(1) in paragraph (4)--
(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:
``(7) the term `land'--
``(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
(3) in subsection (o)--
(A) in paragraph (3)--
(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.'';
(B) in paragraph (4)--
(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
(C) in paragraph (5)--
(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;
(III) in clause (ii)--
(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.''.
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