INDIAN LAND CONSOLIDATION ACT.

SEC. 207. INDIAN LAND CONSOLIDATION ACT.(a) 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 sub paragraph (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’ means any real property;”.(b) Partition of Highly Fractionated Indian Lands.—Section 205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 U.S.C. 2204(c)(2)(D)(i)) is amended in the matter following subclause (III) by striking “by Secretary” and inserting “by the Secretary”.(c) Descent and Distribution.—Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) is amended—(1) in subsection (a)—(A) in paragraph (2)(D)—(i) in clause (i), by striking “clauses (ii) through (iv)” and inserting “clauses (ii) through (v)”;(ii) in clause (iv)(II), by striking “decedent” and inserting “descent”; and122 STAT. 5031(iii) by striking clause (v) and inserting the following:“(v) Effect of subparagraph.—Nothing in this subparagraph limits the right of any person to devise any trust or restricted interest pursuant to a valid will in accordance with subsection (b).”; and(B) by adding at the end the following:“(2) Intestate descent of permanent improvements.—“(A) Definition of covered permanent improvement.—In this paragraph, the term ‘covered permanent improvement’ means a permanent improvement (including an interest in such an improvement) that is—“(i) included in the estate of a decedent; and“(ii) attached to a parcel of trust or restricted land that is also, in whole or in part, included in the estate of that decedent.“(B) Rule of descent.—Except as otherwise provided in a tribal probate code approved under section 206 or a consolidation agreement approved under subsection (j)(9), a covered permanent improvement in the estate of a decedent shall—“(i) descend to each eligible heir to whom the trust or restricted interest in land in the estate descends pursuant to this subsection; or“(ii) pass to the recipient of the trust or restricted interest in land in the estate pursuant to a renunciation under subsection (j)(8).“(C) Application and effect.—The provisions of this paragraph apply to a covered permanent improvement—“(i) even though that covered permanent improvement is not held in trust; and“(ii) without altering or otherwise affecting the non-trust status of such a covered permanent improvement.’ ”’;(2) in subsection (b)(2)(B)—(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting the subclauses appropriately;(B) by striking “Any interest” and inserting the following:“(i) In general.—Subject to clauses (ii) and (iii), any interest”;”;(C) in subclause (III) of clause (i) (as designated by subparagraphs (A) and (B)), by striking the semicolon and inserting a period;(D) by striking “provided that nothing” and inserting the following:“(iii)Effect.—Except as provided in clause (ii), nothing; and”.(E) by inserting after clause (i) (as designated by subparagraph (B)) the following:“(ii) Exception.—“(I) In general.—Notwithstanding clause (i), in any case in which a resolution, law, or other duly adopted enactment of the Indian tribe with jurisdiction over the land of which an interest 122 STAT. 5032 described in clause (i) is a part requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land under the jurisdiction of the Indian tribe, the interest may be devised in fee in accordance with subparagraph (A)(ii).“(II) Effect.—Subclause (I) shall apply with respect to a devise of a trust or restricted interest in land by any decedent who dies on or after the date on which the applicable Indian tribe adopts the resolution, law, or other enactment described in subclause (I), regardless of the date on which the devise is made.“(III) Notice of request.—An Indian tribe shall provide to the Secretary a copy of any resolution, law, or other enactment of the Indian tribe that requests the Secretary to apply subparagraph (A)(ii) to devises of trust or restricted land under the jurisdiction of the Indian tribe.”;(3) in subsection (h)(1)—(A) by striking “A will” and inserting the following:“(A) In general.—A will”; and(B) by adding at the end the following:“(B) Permanent improvements.—Except as otherwise expressly provided in the will, a devise of a trust or restricted interest in a parcel of land shall be presumed to include the interest of the testator in any permanent improvements attached to the parcel of land.“(C) Application and effect.—The provisions of this paragraph apply to a covered permanent improvement—“(i) even though that covered permanent improvement is not held in trust; and“(ii) without altering or otherwise affecting the non-trust status of such a covered permanent improvement.”;(4) in subsection (i)(4)(C), by striking “interest land” and inserting “interest in land”;(5) in subsection (j)(2)(A)(ii), by striking “interest land” and inserting “interest in land”;(6) in subsection (k), in the matter preceding paragraph (1), by inserting “a” after “receiving”; and(7) in subsection (o)—(A) in paragraph (3)—(i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and indenting the clauses appropriately;(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”;(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 122 STAT. 5033 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)—(aa) by inserting “or surviving spouse” after “heir”;(bb) by striking “paragraph (3)(B)” and inserting “paragraph (3)(A)(ii)”; and(cc) 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”;(IV) by adding at the end the following:“(iii)(I) the Secretary is purchasing the interest under 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 or surviving spouse who is not residing on the property in accordance with clause (i), and who is not a member, and is not eligible to become a member, of that Indian tribe.”; and(ii) in subparagraph (B)—(I) by inserting “or surviving spouse” after “heir” each place it appears; and(II) by striking “heir’s interest” and inserting “interest of the heir or surviving spouse”.(d) Conforming Amendment.—Section 213(a)(1) of the Indian Land Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by striking “section 207(p)” and inserting “section 207(o)”.(e) Owner-Managed Interests.—Section 221(a) of the Indian Land Consolidation Act (25 U.S.C. 2220(a)) is amended by inserting “owner or” before “co-owners”.(f) Effective Dates.—(1) Testamentary disposition.—The amendments made by subsection (c)(2) of this section to section 207(b) of the Indian Land Consolidation Act (25 U.S.C. 2206(b)) shall not apply to any will executed before the date that is 1 year after the date of enactment of this Act.(2) Small undivided interests in indian lands.—The amendments made by subsection (c)(7)(C) of this section to 122 STAT. 5034 subsection (o)(5) of section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) shall not apply to or affect any sale of an interest under subsection (o)(5) of that section that was completed before the date of enactment of this Act.