Page:United States Statutes at Large Volume 114 Part 3.djvu/976

 114 STAT. 1998 PUBLIC LAW 106-462—NOV. 7, 2000 "(ii) the date that is six months after the date on which the Secretary makes the certification required under subparagraph (B). "(B) CERTIFICATION.— Upon a determination by the Secretary that the Department of the Interior has the capacity, including pohcies and procedures, to track and manage interests in trust or restricted land held with the right of survivorship, the Secretary shall certify such determination and publish such certification in the Federal Register. " (d) DESCENT OF OFF-RESERVATION LANDS.— "(1) INDIAN RESERVATION DEFINED. —For purposes of this subsection, the term 'Indian reservation' includes lands located within— Oklahoma. "(A)(i) Oklahoma; and "(ii) the boundaries of an Indian tribe's former reservation (as defined and determined by the Secretary); "(B) the boundaries of any Indian tribe's current or former reservation; or "(C) any area where the Secretary is required to provide special assistance or consideration of a tribe's acquisition of land or interests in land. "(2) DESCENT. — Except in the State of California, upon the death of an individual holding an interest in trust or restricted lands that are located outside the boundaries of an Indian reservation and that are not subject to the jurisdiction of any Indian tribe, that interest shall descend either— "(A) by testate or intestate succession in trust to an Indian; or "(B) in fee status to any other devises or heirs. "(e) APPROVAL OF AGREEMENTS. — The official authorized to adjudicate the probate of trust or restricted lands shall have the authority to approve agreements between a decedent's heirs and devisees to consolidate interests in trust or restricted lands. The agreements referred to in the preceding sentence may include trust or restricted lands that are not a part of the decedent's estate that is the subject of the probate. The Secretary may promulgate regulations for the implementation of this subsection. "(f) ESTATE PLANNING ASSISTANCE.— "(1) IN GENERAL. —The Secretary shall provide estate planning assistance in accordance with this subsection, to the extent amounts are appropriated for such purpose. "(2) REQUIREMENTS. — The estate planning assistance provided under paragraph (1) shall be designed to— "(A) inform, advise, and assist Indian landowners with respect to estate planning in order to facilitate the transfer of trust or restricted lands to a devisee or devisees selected by the landowners; and "(B) assist Indian landowners in accessing information pursuant to section 217(e). "(3) CONTRACTS.—In carrying out this section, the Secretary may enter into contracts with entities that have expertise in Indian estate planning and tribal probate codes. " (g) NOTIFICATION TO INDIAN TRIBES AND OWNERS OF TRUST OR RESTRICTED LANDS. — Deadline. "(1) IN GENERAL.— Not later than 180 days after the date Notification. of enactment of the Indian Land Consolidation Act Amendments of 2000, the Secretary shall notify Indian tribes and owners

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