Page:United States Statutes at Large Volume 96 Part 2.djvu/1155

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-459—JAN. 12, 1983

96 STAT. 2517

governing body of the Devils Lake Sioux Tribe notifies the spouse of its intent to acquire such interest, and (B) prior to such date, the spouse retains a life estate in such interest and conveys the remainder of such interest to any heir of the decedent who is a member of such tribe. (2) If the spouse of a decedent elects the application of this subsection with respect to any interest in land which was trust or restricted land immediately prior to the death of the decedent, the life estate and the remainder of such interest created by the conveyance described in paragraph (1)(B) shall acquire such trust or restricted status. (c) This section shall only apply to interests included in the estates of decedents dying on or after the date of enactment of this title. SEC. 109. The Devils Lake Sioux Reservation, North Dakota, is Permanent hereby declared the permanent homeland of the Devils Lake Sioux homeland. Tribe. SEC. 110. The Secretary is authorized to take such action as may be necessary to carry out the purposes of this title. TITLE II SEC. 201. This title may be cited as the "Indian Land Consolidation Act". SEC. 202. For the purpose of this title— (1) "tribe" means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust; (2) "Indian" means any person who is a member of a tribe or any person who is recognized as an Indian by the Secretary of the Interior; (3) "Secretary" means the Secretary of the Interior; and (4) "trust or restricted lands" means lands, title to which is held by the United States in trust for an Indian or an Indian tribe or lands title to which is held by Indians or an Indian tribe subject to a restriction by the United States against alienation. SEC. 203. The provisions of section 5 of the Act of June 18, 1934 (48 Stat. 985), shall apply to all tribes notwithstanding the provisions of section 18 of such Act: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s). SEC. 204. (a) Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings. SEC. 205. Any Indian tribe may purchase at no less than the fair market value all of the interests in any tract of trust or restricted land within that tribe's reservation or otherwise subjected to that tribe's jurisdiction with the consent of over 50 per centum of the owners or with the consent of the owners of over 50 per centum of the undivided interests in such tract: Provided, That— (1) no such tract shall be acquired by any Indian or Indian tribe over the objection of three or less owners owning 50 per centum or more of the total interests in such tract;

Indian Land Consolidation Act. 25 USC 2201 note. Definitions. 25 USC 2201.

25 USC 2202. 25 USC 465. 25 USC 478.

Land consolidation plan. 25 USC 2203.

Interests in tract or restricted land, guidelines for purchase. 25 USC 2204.