Page:United States Statutes at Large Volume 98 Part 2.djvu/1255

This page needs to be proofread.

PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-513—OCT. 19, 1984

98 STAT. 2415

domain laws and the provisions of title II of the Act of April 11, 1968 (82 Stat. 77). (d) In any tribal court or United States district court proceeding pursuant to subsection (a) or (d) of this section, notice of the proceeding shall be served upon the United States. The United States shall not be an indispensable party in such proceeding. SEC. 9. The Secretary of the Interior is authorized, with any available funds provided by the United States or the tribe, to acquire by purchase, exchange, or condemnation any land or interest in trust or restricted land within the reservation for the purpose of eliminating fractional heirship interests in land, consolidating tribal interests in land, and developing tribal agriculture or commercial enterprises. After such acquisition, said lands or interests in lands shall be held by the United States in trust for the tribe. SEC. 10. Whenever the tribe imposes a tax against the estate of any person who dies possessed of any interest in trust or restricted land within the reservation, the Secretary of the Interior shall collect the tax out of the estate as part of the probate proceeding. The amount of the tax collected shall be payable to the tribe. SEC. 11. Within one hundred and twenty days after the date of enactment of this Act, the Secretary of the Interior shall send an explanation of the provisions of this Act to all persons who have any interest in trust or restricted land within the reservation. SEC. 12. Wills executed prior to or within one hundred and twenty days after the date of enactment of this Act shall be effective, in the absence of compliance with the provisions of this Act, for a period not to exceed one hundred and eighty days after the date of enactment of this Act: Provided, That this section shall not apply to invalidate the will of any person who because of unsound mind is unable to amend a will in order to comply with the provisions of this Act. SEC. 13. If any provision of this Act or its application to any person or circumstance is found to be invalid, the remainder of this Act, or the application of the provisions of this Act to other persons or circumstances, shall not be affected. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2663: SENATE REPORT No. 98-607 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 3, considered and passed Senate. Oct. 4, considered and passed House.

25 USC 1301.

Funds.

Taxes.

Wills.

Provisions held invalid.