legislation: 106-s-1586
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 106-s-1586 | 106 | s | 1586 | Indian Land Consolidation Act Amendments of 2000 | Native Americans | 1999-09-15 | 2000-11-07 | Became Public Law No: 106-462. | Senate | Sen. Campbell, Ben Nighthorse [R-CO] | CO | R | C000077 | 1 | Indian Land Consolidation Act Amendments of 2000 - Title I: Indian Land Consolidation - Amends the Indian Land Consolidation Act to revise certain Indian land consolidation provisions. Adds to the definition of "Indian" for purposes of such Act any person who has been found to meet such definition under a provision of Federal law if consistent with the purposes of the Act. Sets forth provisions concerning, among other things: (1) the acquisition of fractional interests in Indian trust or restricted lands; (2) the required approval of the Secretary of the Interior for trust or restricted land sales, except with respect to an Indian tribe that has a Secretary-approved land consolidation plan; (3) the required approval by the Secretary within a specified time frame of any adopted Indian tribal probate code governing the descent and distribution of trust or restricted lands (outlines approval procedures, reserves life estates for non-Indian devisees who would otherwise be precluded from inheriting by reason of the adopted code, and authorizes payments by tribes to such devisees to acquire interests); (4) the descent and distribution of interests in trust or restricted lands, including fractional interests; (5) intestate succession and descent to an Indian tribe of remainder interests in trust or restricted lands when the decedent has no Indian heirs of the first or second degree subject to acquisition of such interests by Indian co-owners; (6) creation of joint tenancy with the right to survivorship if interests in the same parcel of land are devised to more than one person; (7) the descent and distribution of trust or restricted lands located outside of a reservation and authority of the official authorized to adjudicate probate to approve agreements between a decedent's heirs and devisees to consolidate interest in such lands; (8) notification by the Secretary of Indian tribes and owners of trust or restricted lands of the amendments made by this Act with respect to testate disposition, intestate descent, and estate planning options, including opportunities for receiving assistance or advice; (9) the authority of the Secretary to acquire fractional interests in trust or restricted lands, with owner consent and at fair market value; (10) conveyance of the Secretary's interest to an Indian who owns at least five percent of the undivided interest in trust or restricted lands upon request and payment, subject to tribal consent if the tribe owns ten percent or more of remaining interest; (11) Indian tribe administration of acquired fractional interests and the disposition of proceeds from leases, resource sales, rights-of-way, or other transactions affecting interests in trust or restricted lands; (12) the authority of the Secretary to develop a system for establishing the fair market value of various types of lands and improvements of interests in trust or restricted lands; (13) the establishment of an Acquisition Fund; (14) the sale or other exchange of interests in trust or restricted lands, including a prohibition on terminating trust or restriction status on land conveyed for less than fair market value until five years after approval of conveyance; (15) required reports from the Secretary to specified congressional committees on fractional interests in trusts or restricted lands acquired and the impact on Bureau of Indian Affairs financial and realty recordkeeping systems; and (16) approval by the Secretary of leases, rights-of-way, and sales of natural resources affecting individually owned trust or restricted lands based upon consent of specified percentages of the owners concerned (with decreasing percentages required the greater the number of owners).Requires the Secretary to provide for estate planning assistance to Indian land owners.Makes this Act inapplicable to land located in Alaska.Authorizes owners of interests in trust or restricted land to bring administrative actions to challenge the application of provisions regarding descent and distribution after the Secretary has certified that notice on the amendments of this Act has been made to tribes and land owners. Permits judicial review of the Secretary's final decision.Authorizes appropriations.Title II: Leases of Navajo Indian Allotted Lands - Authorizes the Secretary to approve any oil or gas lease or agreement that affects individually owned Navajo Indian allotted land if: (1) the owners of no less than the specified applicable percentage of the undivided interest in the Navajo Indian allotted land that is covered by the oil or gas lease or agreement consent in writing; and (2) the Secretary determines that approving the lease or agreement is in the best interest of the owners. Specifies the applicable percentage as: (1) 100 percent if there are ten or fewer owners; (2) 80 percent if there are eleven to 50 owners; and (3) 60 percent if there are more than 50 owners.Authorizes the Secretary to give written consent to such an oil or gas lease or agreement on behalf of an individual Indian owner if: (1) the owner is deceased and the heirs to the interest have not been determined; or (2) the heirs have been determined but one or more cannot be located.Provides that: (1) an oil or gas lease or agreement approved under this Act shall be binding on all owners of interest in the Navajo Indian allotted land and on all parties to the lease or agreement to the same extent as if all of the owners had consented to the lease or agreement; and (2) an approved lease or agreement shall apply to any portion of the undivided interest in allotted lands held by an Indian tribe even though the tribe did not consent.Provides for the distribution of proceeds derived from the lease or agreement to all owners of the undivided interest in the covered land in accordance with the portion of the undivided interest owned. | 2025-06-20T19:33:16Z |