[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Enrolled Bill (ENR)]
S.1721
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend the Indian Land Consolidation Act to improve provisions
relating to probate of trust and restricted land, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

dc89c63921b8726fe0f72ace3abcddcfb2550c9eb8944a95251673fad323bfe5

This Act may be cited as the ``American Indian Probate Reform Act
of 2004''.

c6b4e34dd4fab79e9dfc6aa806ca38ca2a6b82beeed2da11c0390f307d635887

Congress finds that--
(1) the Act of February 8, 1887 (commonly known as the ``Indian
General Allotment Act'') (25 U.S.C. 331 et seq.), which authorized
the allotment of Indian reservations, did not permit Indian
allotment owners to provide for the testamentary disposition of the
land that was allotted to them;
(2) that Act provided that allotments would descend according
to State law of intestate succession based on the location of the
allotment;
(3) the reliance of the Federal Government on the State law of
intestate succession with respect to the descent of allotments has
resulted in numerous problems affecting Indian tribes, members of
Indian tribes, and the Federal Government, including--
(A) the increasingly fractionated ownership of trust and
restricted land as that land is inherited by successive
generations of owners as tenants in common;
(B) the application of different rules of intestate
succession to each interest of a decedent in or to trust or
restricted land if that land is located within the boundaries
of more than 1 State, which application--
(i) makes probate planning unnecessarily difficult; and
(ii) impedes efforts to provide probate planning
assistance or advice;
(C) the absence of a uniform general probate code for trust
and restricted land, which makes it difficult for Indian tribes
to work cooperatively to develop tribal probate codes; and
(D) the failure of Federal law to address or provide for
many of the essential elements of general probate law, either
directly or by reference, which--
(i) is unfair to the owners of trust and restricted
land (and heirs and devisees of owners); and
(ii) makes probate planning more difficult;
(4) a uniform Federal probate code would likely--
(A) reduce the number of fractionated interests in trust or
restricted land;
(B) facilitate efforts to provide probate planning
assistance and advice and create incentives for owners of trust
and restricted land to engage in estate planning;
(C) facilitate intertribal efforts to produce tribal
probate codes in accordance with section 206 of the Indian Land
Consolidation Act (25 U.S.C. 2205); and
(D) provide essential elements of general probate law that
are not applicable on the date of enactment of this Act to
interests in trust or restricted land; and
(5) the provisions of a uniform Federal probate code and other
forth in this Act should operate to further the policy of the
United States as stated in the Indian Land Consolidated Act
Amendments of 2000, Public Law 106-462, 102, November 7, 2000, 114
Stat. 1992.

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06360e7d361bc32a21c0c5379678fd1324ecf1a98d05cb0ffdc00263bddea193

Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204)
(as amended by section 6(a)(2)) is amended by adding at the end the
following:
``(d) Partition of Highly Fractionated Indian Lands.--
``(1) Applicability.--This subsection shall be applicable only
to parcels of land (including surface and subsurface interests,
except with respect to a subsurface interest that has been severed
from the surface interest, in which case this subsection shall
apply only to the surface interest) which the Secretary has
determined, pursuant to paragraph (2)(B), to be parcels of highly
fractionated Indian land.
``(2) Requirements.--Each partition action under this
subsection shall be conducted by the Secretary in accordance with
the following requirements:
``(A) Application.--Upon receipt of any payment or bond
required under subparagraph (B), the Secretary shall commence a
process for partitioning a parcel of land by sale in accordance
with the provisions of this subsection upon receipt of an
application by--
``(i) the Indian tribe with jurisdiction over the
subject land that owns an undivided interest in the parcel
of land; or
``(ii) any person owning an undivided interest in the
parcel of land who is eligible to bid at the sale of the
parcel pursuant to subclause (II), (III), or (IV) of
subparagraph (I)(i);
provided that no such application shall be valid or considered
if it is received by the Secretary prior to the date that is 1
year after the date on which notice is published pursuant to
section 8(a)(4) of the American Indian Probate Reform Act of
2004.
``(B) Costs of serving notice and publication.--The costs
of serving and publishing notice under subparagraph (F) shall
be borne by the applicant. Upon receiving written notice from
the Secretary, the applicant must pay to the Secretary an
amount determined by the Secretary to be the estimated costs of
such service of notice and publication, or furnish a sufficient
bond for such estimated costs within the time stated in the
notice, failing which, unless an extension is granted by the
Secretary, the Secretary shall not be required to commence the
partition process under subparagraph (A) and may deny the
application. The Secretary shall have the discretion and
authority in any case to waive either the payment or the bond
(or any portion of such payment or bond) otherwise required by
this subparagraph, upon making a determination that such waiver
will further the policies of this Act.
``(C) Determination.--Upon receipt of an application
pursuant to subparagraph (A), the Secretary shall determine
whether the subject parcel meets the requirements set forth in
section 202(6) (25 U.S.C. 2201(6)) to be classified as a parcel
of highly fractionated Indian land.
``(D) Consent requirements.--
``(i) In general.--A parcel of land may be partitioned
under this subsection only if the applicant obtains the
written consent of--
``(I) the Indian tribe with jurisdiction over the
subject land if such Indian tribe owns an undivided
interest in the parcel;
``(II) any owner who, for the 3-year period
immediately preceding the date on which the Secretary
receives the application, has
``(aa) continuously maintained a bona fide
residence on the parcel; or
``(bb) operated a bona fide farm, ranch, or
other business on the parcel; and
``(III) the owners (including parents of minor
owners and legal guardians of incompetent owners) of at
least 50 percent of the undivided interests in the
parcel, but only in cases where the Secretary
determines that, based on the final appraisal prepared
pursuant to subparagraph (F), any 1 owner's total
undivided interest in the parcel (not including the
interest of an Indian tribe or that of the owner
requesting the partition) has a value in excess of
$1,500.
Any consent required by this clause must be in writing and
acknowledged before a notary public (or other official
authorized to make acknowledgments), and shall be approved
by Secretary unless the Secretary has reason to believe
that the consent was obtained as a result of fraud or undue
influence.
``(ii) Consent by the secretary on behalf of certain
individuals.--For the purposes of clause (i)(III), the
Secretary may consent on behalf of--
``(I) undetermined heirs of trust or restricted
interests and owners of such interests who are minors
and legal incompetents having no parents or legal
guardian; and
``(II) missing owners or owners of trust or
restricted interests whose whereabouts are unknown, but
only after a search for such owners has been completed
in accordance with the provisions of this subsection.
``(E) Appraisal.--After the Secretary has determined that
the subject parcel is a parcel of highly fractionated Indian
land pursuant to subparagraph (C), the Secretary shall cause to
be made, in accordance with the provisions of this Act for
establishing fair market value, an appraisal of the fair market
value of the subject parcel.
``(F) Notice to owners on completion of appraisal.--Upon
completion of the appraisal, the Secretary shall give notice of
the requested partition and appraisal to all owners of
undivided interests in the parcel, in accordance with
principles of due process. Such notice shall include the
following requirements:
``(i) Written notice.--The Secretary shall attempt to
give each owner written notice of the partition action
stating the following:
``(I) That a proceeding to partition the parcel of
land by sale has been commenced.
``(II) The legal description of the subject parcel.
``(III) The owner's ownership interest in the
subject parcel as evidenced by the Secretary's records
as of the date that owners are determined in accordance
with clause (ii).
``(IV) The results of the appraisal.
``(V) The owner's right to receive a copy of the
appraisal upon written request.
``(VI) The owner's right to comment on or object to
the proposed partition and the appraisal.
``(VII) That the owner must timely comment on or
object in writing to the proposed partition or the
appraisal, in order to receive notice of approval of
the appraisal and right to appeal.
``(VIII) The date by which the owner's written
comments or objections must be received, which shall
not be less than 90 days after the date that the notice
is mailed under this clause or last published under
clause (ii)(II).
``(IX) The address for requesting copies of the
appraisal and for submitting written comments or
objections.
``(X) The name and telephone number of the official
to be contacted for purposes of obtaining information
regarding the proceeding, including the time and date
of the auction of the land or the date for submitting
sealed bids.
``(XI) Any other information the Secretary deems to
be appropriate.
``(ii) Manner of service.--
``(I) Service by certified mail.--The Secretary
shall use due diligence to provide all owners of
interests in the subject parcel, as evidenced by the
Secretary's records at the time of the determination
under subparagraph (C), with actual notice of the
partition proceedings by mailing a copy of the written
notice described in clause (i) by certified mail,
restricted delivery, to each such owner at the owner's
last known address. For purposes of this subsection,
owners shall be determined from the Secretary's land
title records as of the date of the determination under
subparagraph (C) or a date that is not more than 90
days prior to the date of mailing under this clause,
whichever is later. In the event the written notice to
an owner is returned undelivered, the Secretary shall
attempt to obtain a current address for such owner by
conducting a reasonable search (including a reasonable
search of records maintained by local, State, Federal
and tribal governments and agencies) and by inquiring
with the Indian tribe with jurisdiction over the
subject parcel, and, if different from that tribe, the
Indian tribe of which the owner is a member, and, if
successful in locating any such owner, send written
notice by certified mail in accordance with this
subclause.
``(II) Notice by publication.--The Secretary shall
give notice by publication of the partition proceedings
to all owners that the Secretary was unable to serve
pursuant to subclause (I), and to unknown heirs and
assigns by--
``(aa) publishing the notice described in
clause (i) at least 2 times in a newspaper of
general circulation in the county or counties where
the subject parcel of land is located or, if there
is an Indian tribe with jurisdiction over the
parcel of land and that tribe publishes a tribal
newspaper or newsletter at least once every month,
1 time in such newspaper of general circulation and
1 time in such tribal newspaper or newsletter;
``(bb) posting such notice in a conspicuous
place in the tribal headquarters or administration
building (or such other tribal building determined
by the Secretary to be most appropriate for giving
public notice) of the Indian tribe with
jurisdiction over the parcel of land, if any; and
``(cc) in addition to the foregoing, in the
Secretary's discretion, publishing notice in any
other place or means that the Secretary determines
to be appropriate.
``(G) Review of comments on appraisal.--
``(i) In general.--After reviewing and considering
comments or information timely submitted by any owner of an
interest in the parcel in response to the notice required
under subparagraph (F), the Secretary may, consistent with
the provisions of this Act for establishing fair market
value--
``(I) order a new appraisal; or
``(II) approve the appraisal;
provided that if the Secretary orders a new appraisal under
subclause (I), notice of the new appraisal shall be given as
specified in clause (ii).
``(ii) Notice.--Notice shall be given--
``(I) in accordance with subparagraph (H), where
the new appraisal results in a higher valuation of the
land; or
``(II) in accordance with subparagraph (F)(ii),
where the new appraisal results in a lower valuation of
the land.
``(H) Notice to owners of approval of appraisal and right
to appeal.--Upon making the determination under subparagraph
(G), the Secretary shall provide to the Indian tribe with
jurisdiction over the subject land and to all persons who
submitted written comments on or objections to the proposed
partition or appraisal, a written notice to be served on such
tribe and persons by certified mail. Such notice shall state--
``(i) the results of the appraisal;
``(ii) that the owner has the right to review a copy of
the appraisal upon request;
``(iii) that the land will be sold for not less than
the appraised value, subject to the consent requirements
under paragraph (2)(D);
``(iv) the time of the sale or for submitting bids
under subparagraph (I);
``(v) that the owner has the right, under the
Secretary's regulations governing administrative appeals,
to pursue an administrative appeal from--
``(I) the determination that the land may be
partitioned by sale under the provisions of this
section; and
``(II) the Secretary's order approving the
appraisal;
``(vi) the date by which an administrative appeal must
be taken, a citation to the provisions of the Secretary's
regulations that will govern the owner's appeal, and any
other information required by such regulations to be given
to parties affected by adverse decisions of the Secretary;
``(vii) in cases where the Secretary determines that
any person's undivided trust or restricted interest in the
parcel exceeds $1,500 pursuant to paragraph (2)(D)(iii),
that the Secretary has authority to consent to the
partition on behalf of undetermined heirs of trust or
restricted interests in the parcel and owners of such
interests whose whereabouts are unknown; and
``(viii) any other information the Secretary deems to
be appropriate.
``(I) Sale to eligible purchaser.--
``(i) In general.--Subject to clauses (ii) and (iii)
and the consent requirements of paragraph (2)(D), the
Secretary shall, after providing notice to owners under
subparagraph (H), including the time and place of sale or
for receiving sealed bids, at public auction or by sealed
bid (whichever of such methods of sale the Secretary
determines to be more appropriate under the circumstances)
sell the parcel of land by competitive bid for not less
than the final appraised fair market value to the highest
bidder from among the following eligible bidders:
``(I) The Indian tribe, if any, with jurisdiction
over the trust or restricted interests in the parcel
being sold.
``(II) Any person who is a member, or is eligible
to be a member, of the Indian tribe described in
subclause (I).
``(III) Any person who is a member, or is eligible
to be a member, of an Indian tribe but not of the tribe
described in subclause (I), but only if such person
already owns an undivided interest in the parcel at the
time of sale.
``(IV) Any lineal descendent of the original
allottee of the parcel who is a member or is eligible
to be a member of an Indian tribe or, with respect to a
parcel located in the State of California that is not
within an Indian tribe's reservation or not otherwise
subject to the jurisdiction of an Indian tribe, who is
a member, or eligible to be a member, of an Indian
tribe or owns a trust or restricted interest in the
parcel.
``(ii) Right to match highest bid.--If the highest
bidder is a person who is only eligible to bid under clause
(i)(III), the Indian tribe that has jurisdiction over the
parcel, if any, shall have the right to match the highest
bid and acquire the parcel, but only if--
``(I) prior to the date of the sale, the governing
body of such tribe has adopted a tribal law or
resolution reserving its right to match the bids of
such nonmember bidders in partition sales under this
subsection and delivered a copy of such law or
resolution to the Secretary; and
``(II) the parcel is not acquired under clause
(iii).
``(iii) Right to purchase.--Any person who is a member,
or eligible to be a member, of the Indian tribe with
jurisdiction over the trust or restricted interests in the
parcel being sold and is, as of the time of sale under this
subparagraph, the owner of the largest undivided interest
in the parcel shall have a right to purchase the parcel by
tendering to the Secretary an amount equal to the highest
sufficient bid submitted at the sale, less that amount of
the bid attributable to such owner's share, but only if--
``(I) the owner submitted a sufficient bid at the
sale;
``(II) the owner's total undivided interest in the
parcel immediately prior to the sale was--
``(aa) greater than the undivided interest held
by any other co-owners, except where there are 2 or
more co-owners whose interests are of equal size
but larger than the interests of all other co-
owners and such owners of the largest interests
have agreed in writing that 1 of them may exercise
the right of purchase under this clause; and
``(bb) equal to or greater than 20 percent of
the entire undivided ownership of the parcel;
``(III) within 3 days following the date of the
auction or for receiving sealed bids, and in accordance
with the regulations adopted to implement this section,
the owner delivers to the Secretary a written notice of
intent to exercise the owner's rights under this
clause; and
``(IV) such owner tenders the amount of the
purchase price required under this clause--
``(aa) not less than 30 days after the date of
the auction or time for receiving sealed bids; and
``(bb) in accordance with any requirements of
the regulations promulgated to implement this
section.
``(iv) Interest acquired.--A purchaser of a parcel of
land under this subparagraph shall acquire title to the
parcel in trust or restricted status, free and clear of any
and all claims of title or ownership of all persons or
entities (not including the United States) owning or
claiming to own an interest in such parcel prior to the
time of sale.
``(J) Proceeds of sale.--
``(i) Subject to clauses (ii) and (iii), the Secretary
shall distribute the proceeds of sale of a parcel of land
under the provisions of this section to the owners of
interests in such parcel in proportion to their respective
ownership interests.
``(ii) Proceeds attributable to the sale of trust or
restricted interests shall be maintained in accounts as
trust personalty.
``(iii) Proceeds attributable to the sale of interests
of owners whose whereabouts are unknown, of undetermined
heirs, and of other persons whose ownership interests have
not been recorded shall be held by the Secretary until such
owners, heirs, or other persons have been determined, at
which time such proceeds shall be distributed in accordance
with clauses (i) and (ii).
``(K) Lack of bids or consent.--
``(i) Lack of bids.--If no bidder described in
subparagraph (I) presents a bid that equals or exceeds the
final appraised value, the Secretary may either--
``(I) purchase the parcel of land for its appraised
fair market value on behalf of the Indian tribe with
jurisdiction over the land, subject to the lien and
procedures provided under section 214(b) (25 U.S.C.
2213(b)); or
``(II) terminate the partition process.
``(ii) Lack of consent.--If an applicant fails to
obtain any applicable consent required under the provisions
of subparagraph (D) by the date established by the
Secretary prior to the proposed sale, the Secretary may
either extend the time for obtaining any such consent or
deny the request for partition.
``(3) Enforcement.--
``(A) In general.--If a partition is approved under this
subsection and an owner of an interest in the parcel of land
refuses to surrender possession in accordance with the
partition decision, or refuses to execute any conveyance
necessary to implement the partition, then any affected owner
or the United States may--
``(i) commence a civil action in the United States
district court for the district in which the parcel of land
is located; and
``(ii) request that the court issue an order for
ejectment or any other appropriate remedy necessary for the
partition of the land by sale.
``(B) Federal role.--With respect to any civil action
brought under subparagraph (A)--
``(i) the United States--
``(I) shall receive notice of the civil action; and
``(II) may be a party to the civil action; and
``(ii) the civil action shall not be dismissed, and no
relief requested shall be denied, on the ground that the
civil action is against the United States or that the
United States is a necessary and indispensable party.
``(4) Grants and loans.--The Secretary may provide grants and
low interest loans to successful bidders at sales authorized by
this subsection, provided that--
``(A) the total amount of such assistance in any such sale
shall not exceed 20 percent of the appraised value of the
parcel of land sold; and
``(B) the grant or loan funds provided shall only be
applied toward the purchase price of the parcel of land sold.
``(5) Regulations.--The Secretary is authorized to adopt such
regulations as may be necessary to implement the provisions of this
subsection. Such regulations shall include provisions for giving
notice of sales to prospective purchasers eligible to submit bids
at sales conducted under paragraph (2)(I).''.

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The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) is
amended by adding at the end the following:
``SEC. 221. OWNER-MANAGED INTERESTS.
``(a) Purpose.--The purpose of this section is to provide a means
for the co-owners of trust or restricted interests in a parcel of land
to enter into surface leases of such parcel for certain purposes
without approval of the Secretary.
``(b) Mineral Interests.--Nothing in this section shall be
construed to limit or otherwise affect the application of any Federal
law requiring the Secretary to approve mineral leases or other
agreements for the development of the mineral interest in trust or
restricted land.
``(c) Owner Management.--
``(1) In general.--Notwithstanding any provision of Federal law
requiring the Secretary to approve individual Indian leases of
individual Indian trust or restricted land, where the owners of all
of the undivided trust or restricted interests in a parcel of land
have submitted applications to the Secretary pursuant to subsection
(a), and the Secretary has approved such applications under
subsection (d), such owners may, without further approval by the
Secretary, enter into a lease of the parcel for agricultural
purposes for a term not to exceed 10 years.
``(2) Rule of construction.--No such lease shall be effective
until it has been executed by the owners of all undivided trust or
restricted interests in the parcel.
``(d) Approval of Applications for Owner Management.--
``(1) In general.--Subject to the provisions of paragraph (2),
the Secretary shall approve an application for owner management
submitted by a qualified applicant pursuant to this section unless
the Secretary has reason to believe that the applicant is
submitting the application as the result of fraud or undue
influence. No such application shall be valid or considered if it
is received by the Secretary prior to the date that is 1 year after
the date on which notice is published pursuant to section 8(a)(4)
of the American Indian Probate Reform Act of 2004.
``(2) Commencement of owner-managed status.--Notwithstanding
the approval of 1 or more applications pursuant to paragraph (1),
no trust or restricted interest in a parcel of land shall acquire
owner-managed status until applications for all of the trust or
restricted interests in such parcel of land have been submitted to
and approved by the Secretary pursuant to this section.
``(e) Validity of Leases.--No lease of trust or restricted
interests in a parcel of land that is owner-managed under this section
shall be valid or enforceable against the owners of such interests, or
against the land, the interest or the United States, unless such
lease--
``(1) is consistent with, and entered into in accordance with,
the requirements of this section; or
``(2) has been approved by the Secretary in accordance with
other Federal laws applicable to the leasing of trust or restricted
land.
``(f) Lease Revenues.--The Secretary shall not be responsible for
the collection of, or accounting for, any lease revenues accruing to
any interests under a lease authorized by subsection (e), so long as
such interest is in owner-managed status under the provisions of this
section.
``(g) Jurisdiction.--
``(1) Jurisdiction unaffected by status.--The Indian tribe with
jurisdiction over an interest in trust or restricted land that
becomes owner-managed pursuant to this section shall continue to
have jurisdiction over the interest to the same extent and in all
respects that such tribe had prior to the interest acquiring owner-
managed status.
``(2) Persons using land.--Any person holding, leasing, or
otherwise using such interest in land shall be considered to
consent to the jurisdiction of the Indian tribe referred to in
paragraph (1), including such tribe's laws and regulations, if any,
relating to the use, and any effects associated with the use, of
the interest.
``(h) Continuation of Owner-Managed Status; Revocation.--
``(1) In general.--Subject to the provisions of paragraph (2),
after the applications of the owners of all of the trust or
restricted interests in a parcel of land have been approved by the
Secretary pursuant to subsection (d), each such interest shall
continue in owner-managed status under this section notwithstanding
any subsequent conveyance of the interest in trust or restricted
status to another person or the subsequent descent of the interest
in trust or restricted status by testate or intestate succession to
1 or more heirs.
``(2) Revocation.--Owner-managed status of an interest may be
revoked upon written request of the owners (including the parents
or legal guardians of minors or incompetent owners) of all trust or
restricted interests in the parcel, submitted to the Secretary in
accordance with regulations adopted under subsection (l). The
revocation shall become effective as of the date on which the last
of all such requests has been delivered to the Secretary.
``(3) Effect of revocation.--Revocation of owner-managed status
under paragraph (2) shall not affect the validity of any lease made
in accordance with the provisions of this section prior to the
effective date of the revocation, provided that, after such
revocation becomes effective, the Secretary shall be responsible
for the collection of, and accounting for, all future lease
revenues accruing to the trust or restricted interests in the
parcel from and after such effective date.
``(i) Defined Terms.--
``(1) For purposes of subsection (d)(1), the term `qualified
applicant' means--
``(A) a person over the age of 18 who owns a trust or
restricted interest in a parcel of land; and
``(B) the parent or legal guardian of a minor or
incompetent person who owns a trust or restricted interest in a
parcel of land.
``(2) For purposes of this section, the term `owner-managed
status' means, with respect to a trust or restricted interest,
that--
``(A) the interest is a trust or restricted interest in a
parcel of land for which applications covering all trust or
restricted interests in such parcel have been submitted to and
approved by the Secretary pursuant to subsection (d);
``(B) the interest may be leased without approval of the
Secretary pursuant to, and in a manner that is consistent with,
the requirements of this section; and
``(C) no revocation has occurred under subsection (h)(2).
``(j) Secretarial Approval of Other Transactions.--Except with
respect to the specific lease transaction described in paragraph (1) of
subsection (c), interests that acquire owner-managed status under the
provisions of this section shall continue to be subject to all Federal
laws requiring the Secretary to approve transactions involving trust or
restricted land (including leases with terms of a duration in excess of
10 years) that would otherwise apply to such interests if the interests
had not acquired owner-managed status under this section.
``(k) Effect of Section.--Subject to subsections (c), (f), and (h),
nothing in this section diminishes or otherwise affects any authority
or responsibility of the Secretary with respect to an interest in trust
or restricted land.''.

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48e0da5c3875d15cfefabec28561df58b701af9cd78d76dba0cc56ab95f4353a

TRUST OR RESTRICTED LANDS.
The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) is
amended by adding at the end the following:
``SEC. 222. ANNUAL NOTICE AND FILING; CURRENT WHEREABOUTS OF INTEREST
OWNERS.
``On at least an annual basis, the Secretary shall include along
with other regular reports to owners of trust or restricted interests
in land and individual Indian money account owners a change of name and
address form by means of which the owner may confirm or update the
owner's name and address. The change of name and address form shall
include a section in which the owner may confirm and update the owner's
name and address.''.

078499afd1dcf71d10b5ca6a59c8b5cdcaa2fa117370574f4eeca698a7a468ab

(a) Notice.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall notify Indian tribes and
owners of trust or restricted lands of the amendments made by this
Act.
(2) Specifications.--The notice required under paragraph (1)
shall be designed to inform Indian owners of trust or restricted
land of--
(A) the effect of this Act and the amendments made by this
Act, with emphasis on the effect of the provisions of this Act
and the amendments made by this Act, on the testate disposition
and intestate descent of their interests in trust or restricted
land;
(B) estate planning options available to the owners,
including any opportunities for receiving estate planning
assistance or advice;
(C) the use of negotiated sales, gift deeds, land
exchanges, and other transactions for consolidating the
ownership of land; and
(D) a toll-free telephone number to be used for obtaining
information regarding the provisions of this Act and any trust
assets of such owners.
(3) Requirements.--The Secretary shall provide the notice
required under paragraph (1)--
(A) by direct mail for those Indians with interests in
trust and restricted lands for which the Secretary has an
address for the interest holder;
(B) through the Federal Register;
(C) through local newspapers in areas with significant
Indian populations, reservation newspapers, and newspapers that
are directed at an Indian audience; and
(D) through any other means determined appropriate by the
Secretary.
(4) Certification.--After providing notice under this
subsection, the Secretary shall--
(A) certify that the requirements of this subsection have
been met; and
(B) publish notice of that certification in the Federal
Register.
(b) Effective Date.--Section 207 of the Indian Land Consolidation
Act (25 U.S.C. 2206), except subsections (e) and (f) of that section,
shall not apply to the estate of an individual who dies before the date
that is 1 year after the date on which the Secretary makes the
certification required under subsection (a)(4).

2e334c905895970e0fae5318fe6bc8db814796533a55fb55dff3e16a944f40de

If any provision of this Act or of any amendment made by this Act,
or the application of any such provision to any person or circumstance,
is held to be invalid for any reason, the remainder of this Act and of
amendments made by this Act, and the application of the provisions and
of the amendments made by this Act to any other person or circumstance
shall not be affected by such holding, except that each of subclauses
(II), (III), and (IV) of section 205(d)(2)(I)(i) is deemed to be
inseverable from the other 2, such that if any 1 of those 3 subclauses
is held to be invalid for any reason, neither of the other 2 of such
subclauses shall be given effect.

4dfe65edd3fc6e505e6aaa110df801838d2e57834a36ec5bdae535ae03f65da8

The Secretary is authorized to adopt such regulations as may be
necessary to implement the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

474682ba4bf7cd1dd58eb195fa005b02ee5460ff2db370a975fe70ebdffe124f

American Indian Probate Reform Act of 2004 — S. 1721

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