An Act pertaining to the inheritance of trust or restricted land on the Lake Traverse Indian Reservation, North Dakota and South Dakota, and for other purposes.
PL 98-513 (S.2663), enacted 10/19/1984

PUBLIC LAW 98-513—OCT. 19, 1984 
98 STAT. 2411 
Public Law 98-513 
98th Congress 
An Act 
Pertaining to the inheritance of trust or restricted land on the Lake Traverse Indian 
Oct. 19, 1984 
Reservation, North Dakota and South Dakota, and for other purposes. 
[s. 2663] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That to the extent 
that the laws of devise, descent and distribution of the State of 
North Dakota or the State of South Dakota are inconsistent with 
this Act or to the extent that the Indian Land ConsoUdation Act (25 
U.S.C. 2201 et seq.), is inconsistent with this Act, the provisions of 
this Act shall govern the. right to inherit trust or restricted land 
located within such States and within the original exterior bound-
aries of the Lake Traverse Indian Reservation (hereinafter the 
"reservation") as described in article III of the Treaty of February 
19,1867 (15 Stat. 505). 
• 
SEC. 2. (a) Except as provided in section 4 of this Act, only the 
Sisseton-Wahpeton Sioux Tribe of North Dakota and South Dakota 
(hereinafter the "tribe") or persons who are enrolled members of the 
tribe shall be entitled to receive by devise or descent any interest in 
trust or restricted land within the reservation. 
(b) The provisions of this Act shall apply only to estates of 
decedents whose deaths occur on or after the date of enactment of 
this Act. 
SEC. 3. (a) Whenever any person dies possessed of any interest in 
trust or restricted land within the reservation and the trust or 
restricted land has not been devised by a will approved by the 
Secretary of the Interior pursuant to section 2 of the Act of June 25, 
1910 (36 Stat. 856), as amended (25 U.S.C. 373), or the bequest of 
devise is not consistent with the provisions of section 2 of this Act, 
such interest shall descend to the following persons: Provided, That 
such persons are eligible heirs under sections 2 and 5 of this Act: 
(1) one-half of the interest shall descend to the surviving Children and 
spouse and the other one-half shall descend in equal shares to youth. 
the children of the decedent and to the issue of any deceased 
child of the decedent by right of representation; 
(2) if there is no surviving spouse, the interest shall descend in Children and 
equal shares to the children of the decedent and to the issue of youth. 
any deceased child of the decedent by right of representation; 
(3) if there are no surviving children or issue of any child, the 
interest shall descend to the surviving spouse; 
(4) if there is no surviving spouse and no surviving children or 
issue of any child, the interest shall descend to the surviving 
parents or parent of the decedent; 
(5) if there is no surviving spouse, and no surviving children 
or issue of any child, and no surviving parent, the interest shall 
descend equally to the brothers and sisters of the decedent; and 
(6) if there is no surviving spouse, and no surviving children 
or issue of any child, no surviving parent, and no surviving 
brothers or sisters, the interest shall escheat to the tribe and 
98 STAT. 2412 
PUBLIC LAW 98-513—OCT. 19, 1984 
title to such escheated interest shall be taken in the name of the 
United States in trust for the tribe. 
(b) As used in this section, the words "children" and "issue" 
include children adopted under the laws of a State or foreign 
country, or in accordance with the laws of an Indian tribe, children 
of unwed parents where the Secretary of the Interior determines 
that paternity has been acknowledged or established under the laws 
of a State or foreign country or in accordance with the laws of an 
Indian tribe, and children of parents whose parental rights have 
been terminated pursuant to lawful authority. 
(c) As used in this section, the word "parent" shall not include the 
parent of any child with respect to whom such parent's parental 
rights have been voluntarily terminated pursuant to lawful 
authority. 
Children and 
SEC. 4. (a) Notwithstanding the provisions of section 2 and subject 
youth. 
to the provisions of section 5 of this Act, the nonmember of the tribe 
surviving spouse, nonmember surviving children and the non-
member surviving issue of any children of any person who dies 
possessed of any interest in trust or restricted land within the 
reservation, shall be entitled to take only a life estate in any interest 
in such trust or restricted land devised by a will approved by the 
Secretary of the Interior pursuant to section 2 of the Act of June 25, 
1910 (36 Stat. 856), as amended (25 U.S.C. 373). 
(b) Notwithstanding the provisions of sections 2 and 3 and subject 
to the provisions of section 5 of this Act, wherever any person dies 
possessed of any interest in trust or restricted land within the 
reservation and the trust or restricted land has not been devised by 
a will approved by the Secretary of the Interior pursuant to section 
2 of the Act of June 25, 1910 (36 Stat. 856), as amended (25 U.S.C. 
373), the nonmember of the tribe surviving spouse, nonmember 
children, and the nonmember issue of any children of the decedent 
shall be entitled to take only a life estate in any interest provided in 
section 3 of this Act. 
(c) At the time that the Secretary of the Interior approves any life 
estate for a surviving spouse, children, or the issue of any children 
of a decedent, the trust or restricted land subject to such life estate 
thereafter shall be held in trust for the appropriate heir under 
section 3 of this Act or the provisions of any will approved by the 
Secretary pursuant to section 2 of the Act of June 25, 1910 (36 Stat. 
856), as amended (25 U.S.C. 373). 
(d) The provisions of subsections (a) and (b) of this section notwith-
standing, unless a devise of trust or restricted land otherwise pro-
vides, any life estate provided for in this Act shall be subject to 
applicable regulations pertaining to the use of trust or restricted 
land and to the following conditions, restrictions and limitations: 
(1) whenever the life tenant is a sole heir, such life tenant 
shall be entitled to determine the use and to receive any income 
from the lease or other use of the life tenant's interest in the 
land; 
(2) whenever an enrolled member of the tribe dies survived by 
a nonmember spouse and nonmember children, such spouse 
shall be entitled to one-half of the income from the lease or 
other use of the life tenant's interest in the land and such 
children shall be entitled to the other one-half, and the same 
division shall apply to any land use determination; 
(3) whenever an enrolled member of the tribe dies survived by 
a nonmember spouse, nonmember children, and nonmember 
PUBLIC LAW 98-513—OCT. 19, 1984 
98 STAT. 2413 
issue of any deceased child, such spouse shall be entitled to one-
half of the income from the lease or other use of the life tenant's 
interest in the land and such children and issue of children 
shall be entitled to equal shares of the other one-half, and the 
same division shall apply to any land use determination; 
(4) whenever an enrolled member of the tribe dies without a 
surviving nonmember spouse but survived by nonmember chil-
dren, such children shall be entitled equally to determine the 
use and to receive any income from the lease or other use of the 
life tenant's interest in the land; 
(5) whenever an enrolled member of the tribe dies without a 
surviving nonmember spouse but survived by nonmember chil-
dren and nonmember issue of any deceased child, such children 
and issue of children shall be entitled equally to determine the 
use and to receive any income from the lease or other use of the 
life tenant's interest in the land; and 
(6) whenever an enrolled member of the tribe dies without a 
surviving nonmember spouse and nonmember children but sur-
vived by nonmember issue of the children of such member, such 
issue shall be entitled equally to determine the use and to 
receive any income from the lease or other use of the life 
tenant's interest in the land. 
For the purposes of this subsection, any children or the issue of any 
children of an enrolled member of the tribe born after the death of 
such member shall have the same rights as any children or the issue 
of any children who survive such member. 
SEC. 5. Notwithstanding any other provision of this Act, no person 
Prohibition. 
shall be entitled by devise or descent to take any interest, including 
any interest in a life estate under section 4 of this Act, less than two 
and one-half acres, or the equivalent thereof, in trust or restricted 
land within the reservation. Any interest less than two and one-half 
acres of a devisee or intestate distributee of a decedent under section 
3 of this Act, shall escheat to the tribe and title to such escheated 
interest shall be taken in the name of the United States in trust for 
the tribe: Provided, That the provisions of this section shall not be 
applicable to the devise or descent of any interest in trust or 
restricted land located within a municipality. 
SEC. 6. If a decedent has devised an interest in trust or restricted 
land within the reservation to a person prohibited under section 2 of 
this Act from acquiring an interest in such trust or restricted land, 
the interest in such land shall escheat to the tribe and title to such 
escheated interest shall be taken in the name of the United States in 
trust for the tribe: Provided, That any interest escheated to the tribe 
shall be subject to a life estate in the devisee as provided for under 
section 4(a) of this Act. 
SEC. 7. (a) Whenever the tribe or an enrolled member, or mem-
bers, of the tribe holds at least a 50 per centum undivided interest in 
trust or restricted land within the reservation, the Secretary of the 
Interior, upon the request of the tribe or the enrolled member, or 
members, of the tribe shall partition the allotment or part thereof: 
Provided, That whenever the tribe requests partition, the Secretary 
shall partition the allotment to the advantage of the heirs, except 
that any partition shall assure that the tribe retains one contiguous 
divided interest in the land unless the tribe agrees to a different 
division: Provided further, That whenever an enrolled member or 
members of the tribe requests partition, the fair market value of the 
lands remaining after partition shall not be less than the fair 
98 STAT. 2414 
PUBLIC LAW 98-513—OCT. 19, 1984 
Patents and 
trademarks. 
Termination 
date. 
Prohibition. 
Claims. 
market value of the interest, prior to partition, of the owners of such 
lands. The person or persons requesting partition, in order to meet 
the fair market value requirement of this subsection, may relin-
quish to the other heirs a portion of their undivided interest in the 
trust or restricted lands to be partitioned. 
(b) The provisions of any law to the contrary notwithstanding, the 
Secretary of the Interior, upon the request of the tribe or an 
enrolled heir member of the tribe, shall approve partition of trust or 
restricted land within the reservation whenever the partitioned 
interest in the land of the tribe or the enrolled heir member of the 
tribe is at least two and one-half acres and the owners of more than 
a 50 per centum undivided interest in the trust or restricted land to 
be partitioned consent to the partition. 
(c) Within one hundred and eighty days after the Secretary, 
pursuant to subsection (a) or (b) of this section, receives a request to 
partition trust or restricted land, he shall issue a new trust patent, 
in accordance with applicable law, for the lands set apart for the 
tribe or the enrolled heir member of the tribe, as the case may be, 
the trust period to terminate in accordance with the terms of the 
original patent or order of extension of the trust period set out in 
said patent or in accordance with the provisions of law governing 
the sale of allotted lands: Provided, That the provisions of any law to 
contrary notwithstanding, no patent in fee shall be issued for lands 
partitioned under this section until the expiration of at least ten 
years from the date of issuance of such new trust patent. 
SEC. 8. (a) The tribe shall have authority to exercise powers of 
eminent domain, over trust or restricted lands within the reserva-
tion, to eliminate fractional heirship interests in trust or restricted 
land, to consolidate tribal interests in land, to develop agriculture, 
and to condemn for other public purposes any interest in trust or 
restricted land. Upon the request of the tribe, the interest acquired 
thereafter shall be held by the United States in trust for the tribe: 
Provided, That the tribe has made just compensation under tribal 
judicial process and in accordance with a code of tribal eminent 
domain laws approved by the Secretary of the Interior. 
(b) Subject to the right of judicial review provided in subsection (c) 
of this section, a final judgment of the tribal court in favor of the 
tribe in a condemnation action is conclusive as to the title of the 
tribe, in and to the interest in the trust or restricted land described 
in said judgment, against any and all parties in said action, includ-
ing unknown defendants, and against any and all persons claiming 
from, through or under such a party by title accruing after the filing 
of the judgment by the clerk of the tribal court or after the filing of 
a notice of the pendency of the action with an official designated for 
that purpose under the eminent domain laws of the tribe. 
(c) Any party aggrieved by the condemnation findings and deter-
mination of the tribal court may seek judicial review thereof in the 
United States district court for the district within which the affected 
interest in land is located. Judicial review shall be taken by filing a 
notice of appeal with the clerk of the tribal court and district court 
within thirty days of the date of the entry of the judgment or order 
of condemnation appealed from. If a timely notice of appeal is filed 
by a party, any other party may file a notice of appeal within 
fourteen days of the date on which the first notice of appeal was 
filed. Any appeal taken under this Act shall be limited to a review of 
whether the tribal court order or judgment of condemnation is in 
accordance with the provisions of this Act, any tribal eminent 
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 inter-
est 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 com-
mercial 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 enact-
ment 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. 
25 u s e 1301. 
Funds. 
Taxes. 
Wills. 
Provisions held 
invalid. 
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.