H.R.5308 - Five Nations Citizens Land Reform Act of 2000106th Congress (1999-2000)
Summary: H.R.5308 — 106th Congress (1999-2000)
Five Nations Citizens Land Reform Act of 2000 - Title I: Restrictions; Removal of Restrictions - Makes restricted property subject to restrictions against alienation, lease, mortgage, and other encumbrances regardless of the degree of Indian blood of the citizen who owns such property. Defines "restricted property" as any right, title, or interest in real property owned by an Indian citizen that is subject to encumbrances imposed by U.S. laws expressly applicable to the property of enrollees and descendants of enrollees on the final Indian rolls of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw (of Oklahoma), Seminole (of Oklahoma), and Muscogee (Creek) Nations) in 1906 (Five Nations).
Passed House amended (10/17/2000)
Continues such restrictions with respect to restricted property upon the acquisition of such property by an Indian citizen by, among other things, inheritance, exchange, election to take at partition, or purchase.
(Sec. 103) Extends the period of restriction against encumbrances of restricted property and funds belonging to Indian citizens, subject to provisions of this Act that permit the removal of restrictions, until an Act of Congress determines otherwise.
(Sec. 104) Authorizes an Indian citizen who owns restricted property to apply to the Secretary of the Interior for an order removing restrictions on any interest in such property held by such citizen.
(Sec. 105) Applies to restricted property provisions of existing law that provide exemptions from prior claims and make unrestricted lands subject to taxation.
(Sec. 106) Authorizes the Secretary, upon application by an Indian citizen owner of an undivided unrestricted interest in property which contains a portion of restricted interests, to convert an unrestricted interest into restricted status if all of the interests in the property are owned by Indian citizens as tenants in common.
Title II: Administrative Approval of Conveyances, Partitions, Leases, and Mortgages; Management of Mineral Interests - Grants the Secretary of the Interior exclusive jurisdiction to approve: (1) conveyances and leases of restricted property by an Indian citizen; and (2) the partition of property located within the last treaty boundaries of one or more of the Five Nations, all of which is held in common by more than one Indian citizen owner, under certain circumstances. Requires approval of mineral leases purporting to convey or create any interest in restricted or trust property by the Secretary.
(Sec. 202) Establishes procedures for the conveyance of restricted property by Indian citizens.
(Sec. 203) Requires the Secretary, in cases where restrictions have been removed from property for purposes of allowing conveyances of property to Indian housing authorities to enable the building of homes for owners or relatives of owners of restricted property, to issue a Certificate of Restricted Status imposing restrictions upon request by the Indian citizen homebuyer. Grants homebuyers who acquired ownership of such property prior to this Act's effective date three years from such date to request such a certificate.
(Sec. 205) Authorizes the surface of restricted property to be leased by an Indian citizen pursuant to specified law, but allows the Secretary to approve any agricultural lease or permit with respect to such property in accordance with the American Indian Agricultural Resource Management Act.
(Sec. 207) Applies the oil and gas conservation laws of the State of Oklahoma to restricted property.
(Sec. 208) Permits an Indian citizen to mortgage restricted property only in accordance with applicable Federal law.
(Sec. 209) Validates all conveyances of restricted and trust property made after the effective date of the Oklahoma Indian Welfare Act and prior to this Act's effective date unless such a conveyance is determined by a court of competent jurisdiction to be invalid upon grounds other than authority to approve, sufficiency of approval, or lack of approval.
Title III: Probate, Heirship Determination, and Other Judicial Proceedings - Prohibits the courts of the State of Oklahoma from having jurisdiction over actions affecting title to, or use or disposition of, trust or restricted property except as authorized by Federal law. Grants the Secretary, acting through an Administrative Law Judge or other designated official, exclusive jurisdiction to probate wills or determine heirs of Indian citizens and to adjudicate estate actions to the extent that they involve individual or restricted property. Applies the laws of descent and distribution of the State of Oklahoma to all such property in the estates of Indian citizens who died intestate prior to this Act's effective date. Sets forth provisions regarding the validity of wills executed prior to, and after, this Act's effective date. Applies Federal law governing personal claims against a deceased Indian citizen or trust or restricted property to all such property in the estate of such citizen.
(Sec. 303) Requires the Federal district courts in Oklahoma and the State courts of Oklahoma, subject to certain requirements, to retain jurisdiction over actions: (1) seeking to cure defects affecting the marketability of title to restricted property; and (2) for the involuntary partition of property consisting of undivided restricted interests.
(Sec. 306) Continues State authority to exercise authority as a Federal instrumentality over all actions involving restricted property that are pending on this Act's effective date until the issuance of a final judgment and exhaustion of all appeals or until dismissal of the action in accordance with State law.
Title IV: Miscellaneous - Repeals provisions of specified laws pertaining to the Five Nations.
Requires the Secretary to submit to Congress a list of other provisions of law that expressly reference property of the Five Nations or Five Nations' citizens, or are of general applicability with respect to the property of Indian tribes and of individual Indians, and are in conflict with this Act.
(Sec. 404) Sets forth authorities of Department of the Interior attorneys with respect to actions involving restricted property.
Title V: Water Basin Commission - Requires a compact among the State of Oklahoma, the Choctaw Nation of Oklahoma, and the Chickasaw Nation to establish a State-tribal commission for purposes of administering and distributing benefits and net revenues from the sale of water within the respective basin to the Nations and local public entities.