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Summary
of the Indian Land Consolidation Act of 1983
Authorizes any tribe, with the approval of the Secretary, to exchange or sell
any tribal lands or interest in
lands to eliminate undivided
fractional interests in Indian trust or restricted lands or to consolidate
its tribal landholdings.
Sets forth conditions for such sales.
Authorizes any tribe to purchase, at not less than the fair market value, all
of the interest in any tract of trust or restricted land within its jurisdiction,
with the consent of: (1) the owners of over 50 percent of the undivided interests
in such tract; or (2) over 50 percent of the owners of such tract. Sets forth
conditions for such purchases. Requires the Secretary's approval for such sales
and purchases.
Authorizes any tribe, subject to the Secretary's approval, to provide that only
its tribal members or Indians shall be entitled to receive by devise or descent
any interest of a member of such tribe in trust or restricted land within that
tribe's jurisdiction. Sets forth conditions on such inheritance laws.
Provides that no undivided interest in any tract of trust or restricted land
shall be inheritable if such interest represents 2 percent or less of the total
acreage of such tract and has earned less than $100 in the preceding year. Requires
such undivided fractional interest to escheat to the tribe. (This provision,
often called “original 207”, was deemed unconstitutional by the Supreme
Court in Hodel vs.
Irving. The provision was amended in 1984 by Public
Law 98-608.)
Directs the Secretary to give full faith and credit to any tribal actions taken
pursuant to provisions of this title relating to inheritance laws. Applies such
provisions only to estates of decedents whose deaths occur on or after the effective
date of tribal ordinances adopted pursuant to this title.
Directs the Secretary to issue appropriate legal documents to effectuate land
transfers made pursuant to this title.
Provides that any land title acquired under this title by an Indian or Indian
tribe shall be taken in trust by the United States and that all such lands or
interests in lands shall be exempt from federal, state, and local taxation.
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