Summary
of a Joint Resolution to Make Technical Corrections in the Act of January
25, 1983
Amends the Indian Land Consolidation Act to
remove the guidelines for land transfers under a land consolidation plan from
provisions dealing only with the devise or descent of land interests to non-Indians
or non-members of a tribe. Places such guidelines with the general provision
authorizing land consolidation plans.
Terminates the requirement that tribal purchases of certain land tract interests
need the consent of over 50 percent of the owners of such tract. (Retains the
requirement of consent of the owners of over 50 percent of the undivided interests
in such tract.) Grants the tribe a certain time in which to purchase property
for which a petition has been filed to remove it from trust or restricted status.
Authorizes any Indian tribe to adopt its own laws governing the descent and distribution
of trust or restricted lands.
States that, where the non-Indian or nonmember survivors of an intestate deceased
Indian receive a life
estate in certain trust or restricted lands, the remainder shall
vest in the Indians or tribal members who would have been heirs in the absence
of a qualified person taking a life estate.
Limits the right to receive a life estate to spouses and children who, if eligible,
would have inherited an ownership interest of 10 percent or more in the tract
of land.
States that certain undivided interests in trust or restricted lands shall escheat to
the tribe if such interest cannot earn at least $100 to the respective heirs
in any one of the five years following the decedent's death. (This provision
amended the earlier “forced escheat” provision of the original Indian
Land Consolidation Act of 1983. The amendment was made before Hodel
vs. Irving. However, in 1997, the Supreme Court decided in Babbitt
vs. Youpee that the amendment did not cure the deficiencies of the act and
the forced escheat of seemingly negligible pieces of property from allotments
effected a taking of private property without just compensation in violation
of the Federal Constitution’s Fifth Amendment.)
Authorizes any Indian tribe to adopt its own laws governing the disposition of
escheatable interests.
States that this act does not vest a tribal governing body with authority which
is not authorized by its constitution or by-laws.
Provides that trust or restricted lands will retain such status if they are acquired
by an Indian or Indian tribe in mortgage foreclosure circumstances unless an
application is made to the Secretary to change such status.
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