Indian Land Consolidation Act
PL 97-459 (S.503), enacted 01/12/1983

PUBLIC LAW 97-459—JAN. 12, 1983 
96 STAT. 2515 
Public Law 97-459 
97th Congress 
An Act 
To authorize the purchase, sale, and exchange of lands by Indian tribes and by the 
Devils Lake Sioux Tribe of the Devils Lake Sioux Reservation of North Dakota 
specifically, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I 
SEC. 101. The Congress finds that— 
(1) the Devils Lake Sioux Tribe, of the Devils Lake Sioux 
Reservation, North Dakota, is vigorously pursuing its goal of 
self-determination through development of manufacturing and 
farming enterprises; and 
(2) the continued existence of the Devils Lake Sioux Reserva-
tion, North Dakota, as a permanent homeland of the Devils 
Lake Sioux Tribe and as a necessary foundation for continued 
self-determination requires that the Secretary of the Interior 
have authority to— 
(A) consolidate and increase the trust land base in the 
reservation for the tribe and individual tribal members; 
and 
(B) prevent further loss of trust land. 
SEC. 102. (a) The Secretary of the Interior (hereinafter in this Act 
referred to as the "Secretary") is authorized to— 
(1) purchase with any funds held by the Secretary in trust for 
the benefit of the Devils Lake Sioux Tribe or appropriated for 
the purpose, or acquire by gift, exchange, or relinquishment, 
any interest in land (or any improvements thereon) located 
within the boundaries of the Devils Lake Sioux Reservation for 
the benefit of the Devils Lake Sioux Tribe or individual mem-
bers of such tribe; 
(2) sell or approve sales of any interest in tribal trust or tribal 
restricted land (or any improvements thereon) located within 
the boundaries of the Devils Lake Sioux Reservation but only if 
additional tribal trust or tribal restricted land which is approxi-
mately equal in acreage or value to the interest sold is acquired 
by the Secretary at the time of such sale; and 
(3) exchange any interest in tribal or individual trust land or 
tribal or individual restricted land (or any improvements there-
on) for any land located within the Devils Lake Sioux Reserva-
tion but only if the values of the interests in land involved in 
such an exchange are equal or are equalized by the payment of 
money. 
(b) Any purchase of Federal lands under subsection (aXD shall be 
made in accordance with the provisions of the Federal Land Policy 
and Management Act of 1976 (90 Stat. 2744). 
SEC. 103. The Secretary shall accept any transfer of title from the 
Devils Lake Sioux Tribe, or from any individual member of such 
Jan. 12, 1983 
[S. 503] 
Devils Lake 
Sioux Tribe, N. 
Dak. 
Authorization to 
procure land. 
43 u s e 1701 
note. 
97-200 O—84—pt. 2 
37 : QL3 
96 STAT. 2516 
PUBLIC LAW 97-459—JAN. 12, 1983 
Trust. 
Death of 
decedent, 
purchase of land 
interest. 
tribe, for any interest in land (or any improvements thereon) located 
within the boundaries of the Devils Lake Sioux Reservation, and 
shall take title to such property in the name of the United States in 
trust for the benefit of the Devils Lake Sioux Tribe, or for such 
individual member. 
SEC. 104. Any acquisition, sale, or exchange of lands for the Devils 
Lake Sioux Tribe which is made under this title shall be made only 
upon the request of the authorized governing body of the Devils 
Lake Sioux Tribe, subject to the limitations and procedures of the 
tribal constitution. 
SEC. 105. Notwithstanding any other provision of applicable law, 
the title to any interest in land, or any improvements thereon, 
acquired by the Secretary under this title shall be acquired in the 
name of the United States in trust for the benefit of the Devils Lake 
Sioux Tribe or an individual member of such tribe, as the case may 
be, and such property shall be held and treated in the same manner 
as other trust or restricted Indian lands are held and treated under 
Federal law. 
SEC. 106. Money or amounts credited to the Devils Lake Sioux 
Tribe from the sale or exchange under this title of any interest in 
trust or restricted land (or any improvements thereon) may be used 
only for the purpose of purchasing or acquiring property under this 
title and shall be deposited in a special account under the control of 
the Secretary or his duly authorized representative. 
SEC. 107. Subsection (a) of the first section of the Act of August 9, 
1955 (69 Stat. 539; 25 U.S.C. 415), as amended, is further amended— 
(1) by striking out "and leases of land on the Agua Caliente" 
in the second sentence and inserting in lieu thereof "leases of 
land on the Agua Caliente", and 
(2) by striking out "and the lands comprising the Moses 
Allotment Numbered 10, Chelan County, Washington," in the 
second sentence and inserting in lieu thereof the following: 
"leases of the lands comprising the Moses Allotment Numbered 
10, Chelan County, Washington, and leases to the Devils Lake 
Sioux Tribe, or any organization of such tribe, of land on the 
Devils Lake Sioux Reservation,". 
SEC. 108. (aXD The devise or descent of any interest in trust or 
restricted land located within the Devils Lake Sioux Reservation to 
any person who is not a member of the Devils Lake Sioux Tribe 
shall be subject to the right of such tribe to purchase such interest 
within two years of the date of death of the decedent by paying to 
the Secretary for the benefit of such person an amount equal to the 
fair market value of such interest on the date of such purchase (as 
determined by the Secretary after appraisal). 
(2) Within ninety days after the date on which the Secretary 
receives payment of an amount for the benefit of a person under 
paragraph (1), the Secretary shall pay such amount to such person. 
(3) The Devils Lake Sioux Tribe may exercise its right under 
paragraph (1) to purchase the interest of a person only if the 
governing body of such tribe notifies such person and the Secretary 
of the intent of such tribe to purchase such interest at least ninety 
days prior to the date of such purchase. 
(b)(1) Subsection (a) shall not apply to any interest in land 
acquired by the spouse of a decedent i
f
— 
(A) the spouse elects the application of this subsection prior to 
the date which is ninety days after the date on which the 
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 convey-
ance 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 
hereby declared the permanent homeland of the Devils Lake Sioux 
Tribe. 
SEC. 110. The Secretary is authorized to take such action as may 
be necessary to carry out the purposes of this title. 
Permanent 
homeland. 
TITLE II 
SEC. 201. This title may be cited as the "Indian Land Consolida-
tion 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 provid-
ing 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 land-
holdings. 
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 use 2201 
note. 
Definitions. 
25 use 2201. 
25 use 2202. 
25 use 465. 
25 use 478. 
Land 
consolidation 
plan. 
25 use 2203. 
Interests in tract 
or restricted 
land, guidelines 
for purchase. 
25 use 2204. 
96 STAT. 2518 
PUBLIC LAW 97-459—JAN. 12, 1983 
Nontribal 
members or non-
Indians, land 
entitlement. 
25 use 2205. 
Trust account. 
Mineral rights. 
(2) any Indian owning any undivided interest in, and in actual 
use and possession of such tract, may purchase such tract by 
matching the tribal offer; 
(3) this section shall not apply to any tract of land owned by 
less than fifteen persons; and 
(4) all purchases and sales initiated under this section shall be 
approved by the Secretary. 
SEC. 206. Notwithstanding any other provisions of law, any Indian' 
tribe may provide by appropriate action of its governing body, 
subject to approval by the Secretary, that nonmembers of the tribe 
or non-Indians shall not be entitled to receive by devise or descent 
any interest of a member of such tribe in trust or restricted lands 
within that tribe's reservation or otherwise subjected to that tribe's 
jurisdiction: Provided, That in the event a tribe takes such action— 
(1) the sale price or exchange value received by the tribe for 
land or interests in land covered by this section shall be no less 
than within 10 per centum of the fair market value as deter-
mined by the Secretary; 
(2) if the tribal land involved in an exchange is of greater or 
lesser value than the land for which it is being exchanged, the 
tribe may accept or give cash in such exchange in order to 
equalize the values of the property exchanged; 
(3) any proceeds from the sale of land or interests in land or 
proceeds received by the tribe to equalize an exchange made 
pursuant to this section shall be used exclusively for the pur-
chase of other land or interests in land; 
(4) the Secretary shall maintain a separate trust account for 
each tribe selling or exchanging land pursuant to this section 
consisting of the proceeds of the land sales and exchanges and 
shall release such funds only for the purpose of buying lands 
under this section; and 
(5) any tribe may retain the mineral rights to such sold or 
exchanged lands and the Secretary shall assist such tribe in 
determining the value of such mineral rights and shall take 
such value into consideration in determining the fair market 
value of such lands. 
(b) The Secretary must execute such instrument of conveyance 
needed to effectuate a sale or exchange of tribal lands made pursu-
ant to an approved tribal land consolidation plan unless he makes a 
specific finding that such sale or exchange is not in the best interest 
of the tribe or is not in compliance with the tribal land consolidation 
plan— 
(1) if an Indian dies intestate, the surviving non-Indian or 
nonmember spouse and/or children shall be entitled to a life 
estate in as much of the trust or restricted lands as he, she or 
they would have been entitled to take under existing law; 
(2) if an intestate Indian decedent has no heir to whom 
interests in trust or restricted lands may pass, such interests 
shall escheat to the tribe, subject to any non-Indian or non-
member spouse and/or children's rights as described in para-
graph (1) of this section; 
(3) if an Indian decedent has devised interests in trust or 
restricted lands to persons who are ineligible for such an inheri-
tance by reeison of a tribal ordinance enacted pursuant to this 
section, the devise shall be voided only if, while the estate is 
pending before the Secretary for probate, the tribe acquires 
such interests by paying to the Secretary, on behalf of the 
PUBLIC LAW 97-459—JAN. 12, 1983 
96 STAT. 2519 
devisees, the fair market value of such interests as determined 
by the Secretary as of the date of the decedent's death: Pro-
vided, That any non-Indian or nonmember spouse and/or chil-
dren of such decedent who have been devised such interests may 
retain, at their option, a life estate in such interests, or be 
compensated by the tribe for the value of such interests. 
SEC. 207. No undivided fractional interest in any tract of trust or 
restricted land within a tribe's reservation or otherwise subjected to 
a tribe's jurisdiction shall descedent by intestacy or devise but shall 
escheat to that tribe if such interest represents 2 per centiun or less 
of the total acreage in such tract and has earned to its owner less 
than $100 in the preceding year before it is duie to escheat. 
SEC. 208. The Secretary in carrying out his responsibility to 
regulate the descent and distribution of trust lands under section 1 
of the Act of June 25,1910 (36 Stat. 855; 25 U.S.C. 372) as amended, 
and other laws, shall give full faith and credit to any tribal actions 
taken pursuant to section 206 of this title, which provision shall 
apply only to estates of decedent's whose deaths occur on or after 
the effective date of tribal ordinances adopted pursuant to this title. 
SEC. 209. The Secretary shall have the authority to issue deeds, 
patents, or such other instruments of conveyance needed to effectu-
ate a sale or exchange of tribal lands made pursuant to the terms of 
this title and to remove, at the request of an Indian owner, the trust 
status of individually held lands or interests therein, where author-
ized by law. 
SEC. 210. Title to any land acquired under this title by any Indian 
or Indian tribe shall be taken in trust by the United States for that 
Indian or Indian tribe. 
SEC. 211. All lands or interests in land acquired by the United 
States for an Indian or Indian tribe under authority of this title 
shall be exempt from Federal, State and local taxation. 
Approved January 12, 1983. 
25 u s e 2206. 
25 u s e 2207. 
Deeds or patents, 
issuance. 
25 u s e 2208. 
Land title. 
25 u s e 2209. 
Tax exemption. 
25 u s e 2210. 
LEGISLATIVE HISTORY—S. 503: 
HOUSE REPORT No. 97-908 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 97-507 (Comm. on Indian Affairs). 
eONGRESSIONAL REeORD, Vol. 128 (1982): 
Aug. 20, considered and passed Senate. 
Dec. 6, considered and passed House, amended. 
Dec. 19, Senate agreed to House amendments with amendments. 
Dec. 20, House concurred in Senate amendments.