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S 503 - 97

Indian Land Consolidation Act

Became Public Law No: 97-459.

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Summary

39 Senate agreed to House amendment with amendment May 1, 2004

(Senate agreed to House amendments with an amendment) Title I: Authorizes the Secretary of the Interior to purchase, sell, and exchange lands, under specified conditions, on the Devils Lake Sioux Reservation, North Dakota, for the Devils Lake Sioux Tribe or for individual tribal members. Directs the Secretary to accept transfer of land-title from, and to hold such property in trust for, the Tribe or individual members. Requires that such acquisiton, sale, or exchange of lands for the Tribe be made only upon request of the authorized governing body of the Tribe. Declares that lands acquired under this title be held in trust and be treated the same as other Indian lands. Requires that monies or credits received from sale or exchange of such lands be used to purchase or acquire other property and be deposited in a special account. Authorizes, with the approval of the Secretary, the leasing of restricted Indian lands located on the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe. Sets forth provisions relating to the devise of inheritance of interest in trust or restricted land within the Reservation. Declares the Devils Lake Sioux Reservation the permanent homeland of the Devils Lake Sioux Tribe. Title II: - Indian Land Consolidation Act - Makes specified provisions of Federal law, relating to the acquisition of land for Indians, applicable to all tribes. 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 or 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 lands shall be inheritable if such interest represents two 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. 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.

36 Passed House amended May 1, 2004

(Measure passed House, amended) Title I: Authorizes the Secretary of the Interior to purchase, sell, and exchange lands, under specified conditions, on the Devils Lake Sioux Reservation, North Dakota, for the Devils Lake Sioux Tribe or for individual tribal members. Directs the Secretary to accept transfer of land-title from, and to hold such property in trust for, the Tribe or individual members. Requires that such acquisiton, sale, or exchange of lands for the Tribe be made only upon request of the authorized governing body of the Tribe. Declares that lands acquired under this title be held in trust and be treated the same as other Indian lands. Requires that monies or credits received from sale or exchange of such lands be used to purchase or acquire other property and be deposited in a special account. Authorizes, with the approval of the Secretary, the leasing of restricted Indian lands located on the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe. Sets forth provisions relating to the devise of inheritance of interest in trust or restricted land within the Reservation. Declares the Devils Lake Sioux Reservation the permanent homeland of the Devils Lake Sioux Tribe. Title II: - Indian Land Consolidation Act - Makes specified provisions of Federal law, relating to the acquisition of land for Indians, applicable to all tribes. 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 or 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 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 lands shall be inheritable if such interest represents two 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. 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.

17 Reported to House with amendment(s) May 1, 2004

(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 97-908) Title I: Authorizes the Secretary of the Interior to purchase, sell, and exchange lands, under specified conditions, on the Devils Lake Sioux Reservation, North Dakota, for the Devils Lake Sioux Tribe or for individual tribal members. Directs the Secretary to accept transfer of land-title from, and to hold such property in trust for, the Tribe or individual members. Requires that such acquisiton, sale, or exchange of lands for the Tribe be made only upon request of the authorized governing body of the Tribe. Declares that lands acquired under this title be held in trust and be treated the same as other Indian lands. Requires that monies or credits received from sale or exchange of such lands be used to purchase or acquire other property and be deposited in a special account. Authorizes, with the approval of the Secretary, the leasing of restricted Indian lands located on the Devils Lake Sioux reservation to the Devils Lake Sioux Tribe. Sets forth provisions relating to the devise of inheritance of interest in trust or restricted land within the Reservation. Declares the Devils Lake Sioux Reservation the permanent homeland of the Devils Lake Sioux Tribe. Title II: - Indian Land Consolidation Act - Makes specified provisions of Federal law, relating to the acquisition of land for Indians, applicable to all tribes. 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 or 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 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 lands shall be inheritable if such interest represents two 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. 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.

01 Reported to Senate with amendment(s) May 1, 2004

(Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 97-507) Authorizes the Secretary of the Interior to purchase, sell, and exchange lands, under specified conditions, on the Devils Lake Sioux Reservation, North Dakota, for the Devils Lake Sioux Tribe or for individual tribal members. Directs the Secretary to accept transfer of title from, and to hold such property in trust for, the Tribe or individual members. Requires that such acquisition, sale, or exchange of lands for the Tribe be made only upon request of the authorized governing body of the Tribe. Declares that lands acquired under this Act be held in trust and treated the same as other Indian lands. Requires that monies or credits received from sale or exchange of such lands be used to purchase or acquire other property and be deposited in a special account. Authorizes, with the approval of the Secretary, the leasing of restricted Indian lands located on the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe. Sets forth provisions relating to devise or inheritance of interest in trust or restricted land within the Reservation. Declares the Devils Lake Sioux Reservation the permanent homeland of the Devils Lake Sioux Tribe.

00 Introduced in Senate May 1, 2004

Authorizes the Secretary of the Interior to purchase, sell, and exchange lands, under specified conditions, on the Devils Lake Sioux Reservation, North Dakota, for the Devils Lake Sioux Tribe or for individual tribal members. Directs the General Services Administrator to transfer to the Secretary any land within the Reservation declared to be excess property. Directs the Secretary to accepts transfer of title from, and to hold such property in trust for, the Tribe or individual members. Requires that such acquisiton, sale, or exchange of lands for the Tribe be made only upon request of the authorized governing body of the Tribe. Declares that lands acquired under this Act be held in trust and free of all charge, encumbrance, or taxation. Requires that monies or credits received from sale or exchange of such lands be used to purchase or acquire other property and be deposited in a special account. Permits individually owned trust or restricted land within the Reservation to be leased, under specified conditions, by the Indian owners to the Tribe or its subordinate organizations, with the approval of the Secretary, for specified purposes. Sets forth provisions relating to the devise of inheritance of interest in trust or restricted land within the Reservation.

Sponsors

Timeline

Jan 12, 1983

Signed by President.

Jan 12, 1983

Signed by President.

Jan 12, 1983

Became Public Law No: 97-459.

Jan 12, 1983

Became Public Law No: 97-459.

Jan 3, 1983

Measure Signed in Senate.

Jan 3, 1983

Presented to President.

Jan 3, 1983

Presented to President.

Dec 20, 1982

Resolving differences -- House actions: House Agreed to Senate Amendments.

Dec 20, 1982

House Agreed to Senate Amendments.

Dec 19, 1982

Considered by Senate.

Dec 19, 1982

Resolving differences -- Senate actions: Senate concurred in the House amendments with an amendment (SU1570) by Voice Vote.

Dec 19, 1982

Senate concurred in the House amendments with an amendment (SU1570) by Voice Vote.

Dec 6, 1982

Called up by House on Call of Consent Calendar.

Dec 6, 1982

Passed/agreed to in House: Passed House (Amended) by Unanimous Consent.

Dec 6, 1982

Passed House (Amended) by Unanimous Consent.

Oct 1, 1982

Placed on Consent Calendar No: 58.

Sep 30, 1982

Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-908.

Sep 30, 1982

Reported to House (Amended) by House Committee on Interior and Insular Affairs. Report No: 97-908.

Sep 30, 1982

Placed on Union Calendar No: 568.

Sep 15, 1982

Committee Consideration and Mark-up Session Held.

Sep 15, 1982

Ordered to be Reported (Amended).

Sep 8, 1982

Referred to House Committee on Interior and Insular Affairs.

Aug 20, 1982

Considered by Senate.

Aug 20, 1982

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Aug 20, 1982

Passed Senate with an amendment by Voice Vote.

Jul 28, 1982

Committee on Indian Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. With written report No. 97-507.

Jul 28, 1982

Committee on Indian Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. With written report No. 97-507.

Jul 28, 1982

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 725.

Feb 11, 1982

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sep 22, 1981

Committee on Indian Affairs. Hearings held.

Feb 19, 1981

Introduced in Senate

Feb 19, 1981

Read second time and referred to Senate Committee on Indian Affairs.

House Votes

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Amendments

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