White Earth Reservation Land Settlement Act of 1985
PL 99-264 (S.1396), enacted 03/24/1986

PUBLIC LAW 99-264—MAR. 24, 1986 
100 STAT. 61 
Public Law 99-264 
99th Congress 
An Act 
To settle unresolved claims relating to certain allotted Indian lands on the White 
Earth Indian Reservation, to remove clouds from the titles to certain lands, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "White Earth Reservation Land Settlement Act of 
1985". 
SEC. 2. The Congress finds that— 
(1) claims on behalf of Indian allottees or heirs and the White 
Earth Band involving substantial amounts of land within the 
White Earth Indian Reservation in Minnesota are the subject of 
existing and potential lawsuits involving many and diverse 
interests in Minnesota, and are creating great hardship and 
uncertainty for government, Indian communities, and non-
Indian communities; 
(2) the lawsuits and uncertainty will result in great expense 
and expenditure of time, and could have a profound negative 
impact on the social and well-being of everyone on the 
reservation; 
(3) the White Earth Band of Chippewa Indians, State of 
Minnesota, along with its political subdivisions, and other 
interested parties have made diligent efforts to fashion a settle-
ment to these claims, and the Federal Government, by provid-
ing the Eissistance specified in this Act, will make possible the 
implementation of a permanent settlement with regard to these 
claims; 
(4) past United States laws and policies have contributed to 
the uncertainty surrounding the claims; 
(5) it is in the long-term interest of the United States, State of 
Minnesota, White Earth Band, Indians, and non-Indians for the 
United States to assist in the implementation of a fair and 
equitable settlement of these claims; and 
(6) this Act will settle unresolved legal uncertainties relating 
to these claims. 
SEC. 3. For purposes of this Act: 
(a) "Allotment" shall mean an allocation of land on the White 
Earth Reservation, Minnesota, granted, pursuant to the Act of 
January 14, 1889 (25 Stat. 642), and the Act of February 8, 1887 (24 
Stat. 388), to a Chippewa Indian. 
(b) "Allottee" shall mean the recipient of an allotment. 
(c) "Full blood" shall mean a Chippewa Indian of the White Earth 
Reservation, Minnesota, who WEIS designated as a full blood Indian 
on the roll approved by the United States District Court for the 
District of Minnesota on October 1, 1920, or who was so designated 
by a decree of a Federal court of competent jurisdiction; it shall also 
refer to an individual who is not designated on said roll but who is 
the biological child of two full blood parents so designated on the roll 
Mar. 24, 1986 
[S. 1396] 
White Earth 
Reservation 
Land Settlement 
Act of 1985. 
Minnesota. 
25 u s e 331 note. 
25 u s e 331 note. 
25 u s e 331 note. 
100 STAT. 62 
PUBLIC LAW 99-264—MAR. 24, 1986 
or of one full blood parent so designated on the roll and one parent 
who was an Indian enrolled in any other federally recognized Indian 
tribe, band, or community. 
(d) "Inherited" shall mean received as a result of testate or 
intestate succession or any combination of testate or intestate 
succession, which succession shall be determined by the Secretary of 
the Interior or his authorized representative. 
(e) "Mixed blood" shall mean a Chippewa Indian of the White 
Earth Reservation, Minnesota, who was designated as a mixed blood 
Indian on the roll approved by the United States District Court of 
Minnesota on October 1, 1920, unless designated a full blood by 
decree of a Federal court of competent jurisdiction; it shall also refer 
to any descendants of an individual who was listed on said roll 
providing the descendant was not a full blood under the definition in 
subsection (c) of this section. The term "mixed blood" shall not 
include an Indian enrolled in any federally recognized Indian tribe, 
band, or community other than the White Earth Band. 
(f) "Tax forfeited" shall mean an allotment which, pursuant to 
State law, was declared forfeited for nonpayment of real property 
taxes and purportedly transferred directly to the State of Minnesota 
or to private parties or governmental entities. 
(g) "Majority" shall mean the age of twenty-one years or older, 
(h) "Secretary" shall mean the Secretary of the Interior or his/or 
her authorized representative. 
(i) "Trust period" shall mean the period during which the United 
States held an allotment in trust for the allottee or the allottee's 
heirs. For the purpose of this Act, the Executive Order Numbered 
4642 of May 5, 1927, Executive Order Numbered 5768 of Decem-
ber 10, 1931, and Executive Order Numbered 5953 of November 23, 
1932, shall be deemed to have extended trust periods on all allot-
ments or interests therein the trust periods for which would other-
wise have expired in 1927, 1932, or 1933, notwithstanding the issu-
ance of any fee patents for which there were no applications, and if 
such allotments were not specifically exempted from the Executive 
25 use 461 et 
Orders; and the Indian Reorganization Act of June 18,1934, shall be 
««9- 
deemed to have extended indefinitely trust periods on all allotments 
or interests therein the trust periods for which would otherwise 
have expired on June 18, 1934, or at any time thereafter. Said 
Executive orders and Act shall be deemed not to have extended the 
trust period for allotments or interests which were sold or mort-
gaged by adult mixed bloods, by non-Indians, or with the approval of 
the Secretary, or for allotments or interests which were sold or 
mortgaged by anyone where such sale or mortgage was the subject 
of litigation in Federal court which proceeded to a judgment on the 
merits and where the outcome of such litigation did not vacate or 
void said sale or mortgage. 
(j) "Interest", except where such item is used in conjunction with 
"compound", shall mean a fractional holding, less than the whole, 
held in an allotment. 
(k) "Adult" shall mean having attained the age of majority. 
(1) "Heir" shall mean one who received or was entitled to receive 
an allotment or interest as a result of testate or intestate succession 
under applicable Federal or Minnesota law. 
(m) "Transfer" includes but is not limited to any voluntary or 
involuntary sale, mortgage, tax forfeiture or conveyance pursuant to 
State law; any transaction the purpose of which was to effect a sale, 
mortgage, tax forfeiture or conveyance pursuant to State law; any 
PUBLIC LAW 99-264—MAR. 24, 1986 
100 STAT. 63 
Act, event, or circumstance that resulted in a change of title to, 
possession of, dominion over, or control of an allotment or interest 
therein. 
SEC. 4. (a) The provisions of this Act shall apply to the following Taxes. 
allotments: 
S^^« ^^^ ^^^^ 
(1) allotments which were never sold or mortgaged by the fs^usc^m^note. 
allottees or by their heirs and which were tax forfeited during 
the trust period; 
(2) allotments which were sold or mortgaged during the trust 
period, without the approval of the Secretary, by the allottees 
prior to having attained majority, and were never again sold or 
mortgaged either by the allottees upon their having attained 
majority or by heirs of the allottees; 
(3) allotments which were sold or mortgaged during the trust 
period by full blood allottees without the approval of the Sec-
retary, and were never again the subject of a sale or mortgage 
by heirs of the allottees; and 
(4) allotments which were never sold or mortgaged by the 
allottees, but which subsequent to the deaths of the allottees, 
purportedly were sold or mortgaged, during the trust period, by 
administrators, executors, or representatives, operating under 
authority from State courts, and were never again the subject of 
a sale or mortgage by heirs of the allottees. 
(b) The provisions of this Act shall also apply to the following 
allotments or interests in allotments: 
(1) allotments or interests which were inherited by full or 
mixed bloods who never sold or mortgaged their allotments or 
interests or by Indians enrolled in other federally recognized 
Indian tribes, bands, or communities who never sold or mort-
gaged their allotments or interests, where the allotments or 
interests were tax forfeited during the trust period; 
(2) allotments or interests which were inherited by mixed 
bloods under the age of majority and which were sold or mort-
gaged during the trust period without the approval of the 
Secretary prior to such mixed bloods having attained majority, 
but which were never again sold or mortgaged by them upon 
having attained majority or by their heirs; 
(3) allotments or interests which were inherited by full bloods 
or by Indians enrolled in other federally recognized Indian 
tribes, bands, or communities, who sold or mortgaged such 
allotments or interests during the trust period without the 
approval of the Secretary; 
(4) allotments or interests which were inherited by full or 
mixed bloods who never sold or mortgaged their allotments or 
interests, but which, subsequent to the deaths of such heirs, 
were sold or mortgaged during the trust period by administra-
tors, operating under authority from State courts; 
(5) allotments or interests which were owned by allottees or 
which were inherited by full or mixed bloods for whom guard-
ians were appointed by State courts, which guardians sold or 
mortgaged the allotments or interests during the trust period 
without the approval of the Secretary; 
(6) interests which were inherited by full or mixed bloods who 
never sold or mortgaged their interests during the trust period, 
even though other interests in the same allotment were sold by 
other heirs where the land comprising the allotment has been 
100 STAT. 64 
PUBLIC LAW 99-264—MAR. 24, 1986 
25 u s e 331 note. 
Federal 
Register, 
publication. 
25 u s e 331 note. 
claimed in full by other parties adversely to the full or mixed 
bloods who never sold or mortgaged their interests; and 
(7) allotments or interests which were inherited by full or 
mixed bloods or by Indians enrolled in other federally recog-
nized Indian tribes, bands, or communities which were never 
sold or mortgaged during the trust period but which were 
purportedly distributed by State court probate proceedings to 
other individuals, 
(c) This Act shall not apply to— 
(1) any allotment or interest the sale or mortgage of which 
was the subject of litigation which proceeded to a judgment on 
the merits in Federal courts and where the outcome of such 
litigation was other than vacating and voiding such sale or 
mortgage; 
(2) any allotment or interest which was tax forfeited subse-
quent to the date on which the tax exemption was declared by a 
Federal court to have expired; 
(3) any allotment or interest which was sold, mortgaged, or 
tax forfeited after the expiration of the trust period; or 
(4) any allotment or interest which was sold or mortgaged at 
any time by an adult mixed blood Indian. 
Nothing in this Act is intended to question the validity of the 
transactions relating to allotments or interests as described in 
section 4(c), and such allotments and interests are declared to be 
outside the scope of this Act. 
SEC. 5. (a) Any determination of the heirs of any person holding an 
allotment or interest, made by the courts of the State of Minnesota, 
which is filed with the proper county recording officer prior to 
May 9,1979, shall be deemed to have effectively transferred the title 
of the decedent in the allotment or interest to the heirs so deter-
mined unless a separate determination of heirs has been made by 
the Secretary before the effective date of this Act and such deter-
mination has been filed with the proper county recording officer 
within six months after the effective date of this Act. Nothing in 
this subsection shall be construed to remove any allotment described 
in section 4 from the compensation provided for in the Act. 
(b) The proper county recording officer is the county recorder of 
the county in which the allotment or interest is located if the title 
has not been registered pursuant to Minnesota law. If the title has 
been so registered, the proper county recording officer shall be the 
registrar of titles in the county in which the allotment or interest is 
located. 
(c) As to any allotment which was granted to an allottee who had 
died prior to the selection date of the allotment, the granting of such 
allotment is hereby ratified and confirmed, and shall be of the same 
effect as if the allotment had been selected by the allottee before the 
allottee's death: Provided, That the White Earth Band of Chippewa 
Indians shall be compensated for such allotments in the manner 
provided in sections 6, 7, and 8. 
(d) As to any allotment that was made under the provisions of the 
Treaty of March 19, 1867 (16 Stat. 719), and which was reallotted 
under the provisions of the Act of January 14, 1889 (25 Stat. 642), 
such reallotment is hereby ratified and confirmed. 
SEC. 6. (a) As soon as the conditions set forth in section 10 of this 
Act have been met, the Secretary shall publish a certification in the 
Federal Register that such conditions have been met. After such 
publication, any allotment or interest which the Secretary, in 
PUBLIC LAW 99-264—MAR. 24, 1986 
100 STAT. 65 
accordance with this Act, determines falls within the provisions of 
section 4(a), 4(b), or 5(c), the tax forfeiture, sale, mortgage, or other 
transfer, as described therein, shall be deemed to have been made in 
accordance with the Constitution and all laws of the United States 
specifically applicable to transfers of allotments or interests held by 
the United States in trust for Indians, and Congress hereby does 
approve and ratify any such transfer effective as of the date of said 
transfer, subject to the provisions of section 6(c). Compensation for 
loss of allotments or interests resulting from this approval and 
ratification shall be determined and processed according to the 
provisions of section 8. 
(b) By virtue of the approval and ratification of transfers of 
allotments or interests therein effected by this section, all claims 
against the United States, the State of Minnesota or any subdivi-
sions thereof, or any other person or entity, by the White Earth 
Band, its members, or by any other Indian tribe or Indian, or any 
successors in interest thereof, arising out of, and at the time of or 
subsequent to, the transfers described in section 4(a), 4(b), or 5(c) and 
based on any interest in or nontreaty rights involving such allot-
ments or interests therein, shall be deemed never to have existed as 
of the date of the transfer, subject to the provisions of this Act. 
(c) Notwithstanding any provision of law other than the provisions Courts, U.S. 
of this section, any action in any court to recover title or damages 
relating to transactions described in section 4(a), 4(b), 5(a) or 5(c), 
shall be forever barred unless the complaint is filed not later than 
one hundred and eighty days following enactment of this Act, or 
prior to the publication required by section 6(a) whichever occurs 
later in time: Provided, That immediately upon the date of enact-
ment of this Act any such action on behalf of the White Earth Band 
of Chippewa Indians shall be forever barred, unless the publication 
required by section 6(a) does not take place within two years of the 
date of enactment of this Act in which case the bar of any such 
action on behalf of the White Earth Band of Chippewa Indians shall 
be deemed lifted and nullified: Provided further, That the Secretary 
Reports, 
shall not issue to the White Earth Band any report rejecting litiga-
tion nor submit to Congress any legislation report pursuant to 
section 2415 of title 28, United States Code, relating to transactions 
described in section 4(a), 4(b), 5(a) or 5(c) of this Act, until and unless 
the bar against actions on behalf of the White Earth Band is lifted 
and nullified. Any such action filed within the time period allowed 
by this subsection shall not be barred; however, the filing of any 
such action by an allottee, heir, or others entitled to compensation 
under this Act shall bar such allottee, heir, or others from receiving 
compensation pursuant to the provisions of section 8. The United 
States District Court for the District of Minnesota shall have exclu-
sive jurisdiction over any such action otherwise properly filed 
within the time allowed by this subsection. 
(d) This section shall not bar an heir, allottee, or any other person Courts, U.S. 
entitled to compensation under this Act from maintaining an action, 
based on the transactions described in section 4(a), 4(b), 5(a), or 5(c), 
against the United States in the Claims Court pursuant to the 
Tucker Act, section 1491 of title 28, United States Code, challenging 
the constitutional adequacy of the compensation provisions of sec-
tion 8(a) as they apply to a particular allotment or interest: Pro-
vided, That such action shall be filed with the Claims Court not 
later than one hundred and eighty days after the issuance of the 
notice of the Secretary's compensation determination as provided in 
71-194 0 - 89 - 5 : CL 3 Parti 
100 STAT. 66 
PUBLIC LAW 99-264—MAR. 24, 1986 
Federal 
Register, 
publication. 
Public 
information. 
25 u s e 331 note. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
5 u s e prec. 551 
note. 
section 8(c). If such an action is not filed within the one-hundred-
and-eighty-day period, it shall be forever barred. The United States 
hereby waives any sovereign immunity defense it may have to such 
an action but does not waive any other defenses it may have to such 
action. The filing of an action by any heir, allottee, or any other 
person under the provisions of this section shall bar such person 
forever from receiving compensation pursuant to the provisions of 
section 8. 
SEC. 7. (a) The Secretary is hereby authorized to and shall dili-
gently investigate to the maximum extent practicable all White 
Earth allotments and shall determine which allotments or interest 
fall within any of the provisions of section 4(a), 4(b), or 5(c). As to all 
such allotments or interests determined to be within the provisions 
of section 4(a), 4(b), or 5(c), the Secretary shall prepare lists of such 
allotments or interests, which shall include allotment number, land 
description, and allottee's name, in English and Ojibway where 
available. A first list shall be published within one hundred and 
eighty days after the date of enactment of this Act in the Federal 
Register; in a newspaper of general circulation in Mahnomen 
County, Minnesota; in a newspaper of general circulation in Becker 
County, Minnesota; in a newspaper of general circulation in Clear-
water County, Minnesota; in one newspaper of general circulation in 
metropolitan Minneapolis-Saint Paul; and, in the Secretary's discre-
tion, in any appropriate band or tribal newspaper. Publication in 
the required newspapers shall take place no later than thirty days 
after publication in the Federal Register. 
(b) Any tribe, band, or group of Indians, or any individual shall 
have one year after the date of publication in the Federal Register 
to submit to the Secretary any additional allotments or interests 
which the tribe, band, group, or individual believes should fall 
within any of the provisions of section 4(a), 4(b), or 5(c). The Sec-
retary, without such submissions, may also independently deter-
mine that additional allotments or interests fall within such 
provisions. Any additional allotments or interests submitted to the 
Secretary shall be accompanied by a statement identifying the 
allotment or interest and its land description and summarizing the 
reasons why it should be added to the list required by this section. 
(c) The Secretary shall determine which additional allotments or 
interests fall within the provisions of section 4(a), 4(b), or 5(c), and 
not later than five hundred and forty days of the date of publication 
of the Secretary's first list in the Federal Register, the Secretary 
shall publish a second list in the Federal Register and previously 
required newspapers of the allotments or interests the Secretary has 
determined should be added to the first published list. 
(d) Any determination made by the Secretary under this section to 
include an allotment or interest on the first list required by the 
section to be published in the Federal Register may be judicially 
reviewed pursuant to the Administrative Procedure Act not later 
than ninety days of the publication date of the first list of the 
Federal Register. Any such action not filed within such ninety-day 
period shall be forever barred. Any determination made by the 
Secretary to include an allotment or interest on the second list 
required by this section to be published in the Federal Register, or 
any determination made by the Secretary not to include an allot-
ment or interest on such list, may be judicially reviewed pursuant to 
the Administrative Procedure Act within ninety days of the publica-
tion date of the second list in the Federal Register. Any such action 
PUBLIC LAW 99-264—MAR. 24, 1986 
100 STAT. 67 
not filed within such ninety-day period shall be forever barred. 
Exclusive jurisdiction over actions under this subdivision is hereby 
vested in the United States District Court for the District of 
Minnesota. 
SEC. 8. (a) Compensation for a loss of an allotment or interest shall 
be the fair market value of the land interest therein as of the date of 
tax forfeiture, sale, allotment, mortgage, or other transfer described 
in section 4(a), 4(b), or 5(c), less any compensation actually received, 
plus interest compounded annually at 5 per centum from the date of 
said loss of an allotment or interest until the date of enactment of 
this Act, and at the general rate of interest earned by United States 
Department of the Interior funds thereafter. A determination of 
compensation actually received shall be supported by Federal, State, 
or local public documents filed contemporaneously with the trans-
action or by clear and convincing evidence. Compensation actually 
received shall not be subtracted from the fair market value in any 
instance where an allotment or interest was sold or mortgaged by a 
full or mixed blood, under the age of eighteen years, or in any 
instance where there is prima facie evidence that fraud occurred in 
a sale or mortgage. No compensation for loss of an allotment or 
interest relating to transfers described in section 4(b) shall be 
granted to any person or the heirs of such person where such 
allotment or interest was received pursuant to State court probate 
proceedings and where also it has been or is determined by the 
Secretary that such person or heirs were not entitled to inherit the 
allotment or interest. 
(b) For the purpose of this section, the date of transfer applicable 
to interests described in section 4(bX6) shall be the last date on 
which any interest in the subject allotment was transferred by 
document of record by any other heir of the allottee; and the date of 
transfer applicable to allotments described in section 5(c) shall be 
the selection date. For purposes of this section, the Secretary shall 
establish the fair market value of various types of land for various 
years, which shall govern the compensation payable under this 
section unless a claimant demonstrates that a particular allotment 
or interest had a value materially different from the value estab-
lished by the Secretary. 
(c) The Secretary shall provide written notice of the Secretary's 
compensation determination to the allottees or heirs entitled 
thereto. Such notice shall describe the basis for the Secretary's 
determination, the applicable time limits for judicial review of the 
determination, and the process whereby such compensation will be 
distributed. The Secretary shall proceed to make such heirship 
determinations as may be necessary to provide the notice required 
by this section: Provided, That the Secretary shall accept as conclu-
sive evidence of heirship any determination of the courts of the 
State of Minnesota as provided in section 5(a) of this Act: Provided 
further, That the Secretary shall give written notice only to those 
allottees or heirs whose addresses can be ascertained by reasonable 
and diligent efforts; otherwise such notice shall be given by publica-
tion in the Federal Register. 
(d) The Secretary's administrative determination of the appro-
priate amount of compensation computed pursuant to the provisions 
of this Act may be judicially reviewed pursuant to the Administra-
tive Procedure Act not later than one hundred and eighty days after 
the issuance of notice as aforesaid; after such time the Secretary's 
determination shall be conclusive and all judicial review shall be 
25 u s e 331 note. 
State and local 
governments. 
Federal 
Register, 
publication. 
Courts, U.S. 
5 u s e prec. 551 
note. 
100 STAT. 68 
PUBLIC LAW 99-264—MAR. 24, 1986 
barred. Exclusive jurisdiction over any such action is hereby vested 
in the United States District Court for the District of Minnesota. 
(e) Once a compensation determination has become conclusive 
according to the provisions of subsection (d), the Secretary shall 
certify such determination to the Secretary of the Treasury and 
such conclusive determination shall be treated as a final judgment, 
award or, compromise settlement under the provisions of title 31, 
United States Code, section 1304. The Secretary of the Treasury is 
authorized and directed to pay out of the funds in the Treasury into 
a separate interest bearing White Earth Settlement Fund account 
the amount certified by the Secretary of the Interior in each case. 
The Secretary of the Interior shall then make a diligent effort to 
locate each allottee or heir; however, if, after two years from the 
date on which a determination becomes conclusive an allottee or 
heir cannot be located, the Secretary of the Interior shall declare 
the amount owing to such allottee or heir forfeited. 
(f) Any and all amounts forfeited pursuant to subsection (e) to-
gether with the interest accumulated thereon, pursuant to section 8 
shall be transferred annually to the fund established under section 
12 for the White Earth Band. 
25 use 331 note. 
SEC. 9. The Secretary shall determine the heirs, if heretofore 
undetermined, or modify the inventory of an existing heirship deter-
mination of any full or mixed blood or Indian enrolled in any other 
federally recognized Indian tribe, band, or community, where appro-
priate for the purposes of this Act: Provided, That the Secretary 
shall accept any determination of heirship by the courts of the State 
of Minnesota as provided in section 5(a) of this Act. 
Federal 
SEC. 10. (a) The provisions of section 6 of this Act shall take effect 
Register, 
upon the publication in the Federal Register by the Secretary of 
^'"''^L'i^^oo?' 
certification that the following conditions have been satisfied: 
25 use 331 note. 
^^^ rjij^g ^^^^ ^f Minnesota, in accordance with Laws of Min-
nesota 1984, chapter 539, has entered into an agreement with 
the Secretary providing for the transfer of ten thousand acres of 
land within the exterior boundaries of the White Earth Res-
ervation to the United States to hold in trust for the White 
Earth Band of Chippewa Indians as the State's contribution to 
the settlement provided for by this Act. The Secretary shall not 
enter into such an agreement until the Secretary determines, or 
the authorized governing body of the band certifies to the 
Secretary in writing, that the agreement will result in the 
transfer of ten thousand acres which possess reasonable value 
for the White Earth Band, including but not limited to value for 
agricultural, recreational, forestry, commercial, residential, 
industrial, or general land consolidation purposes. The land 
transferred pursuant to this subsection shall be accepted by the 
United States subject to all existing accesses, roads, eeisements, 
rights of way, or similar uses unless the Governor and Attorney 
General of the State of Minnesota certify in writing to the 
Secretary the State's intent to abandon such uses on a particu-
lar parcel. 
(2) The State, in accordance with the Laws of Minnesota 1984, 
chapter 539, has appropriated $500,000 for the purpose of 
providing the United States with technical and computer assist-
ance for implementing the settlement provided for in this Act. 
(3) The United States has appropriated $6,600,000 for eco-
nomic development for the benefit of the White Earth Band of 
Chippewa Indians. 
PUBLIC LAW 99-264—MAR. 24, 1986 
100 STAT. 69 
(b) Upon final acceptance by the Secretary, the land referred to in 
subsection (aXD shall be deemed to have been reserved as of the date 
of the establishment of the White Earth Reservation and to be part 
of the trust land of the White Earth Reservation for all purposes. 
SEC. 11. Nothing in this Act is intended to alter the jurisdiction 25 use 331 note. 
currently possessed by the White Earth Band of Chippewa Indians, 
the State of Minnesota, or the United States over Indians or non-
Indians within the exterior boundaries of the White Earth 
Reservation. 
SEC. 12. (a) There is established in the Treasury of the United 25 use 331 note. 
States a fund to be known as the White Earth Economic Develop-
ment and Tribal Government Fund. Money in this Fund shall be 
held in trust by the United States for the White Earth Band of 
Chippewa Indians, and shall be invested and managed by the Sec-
retary in the same manner as tribal trust funds pursuant to the Act 
of June 24,1938 (25 U.S.C. 162a). 
(b) The White Earth Economic Development and Tribal Govern-
ment Fund shall consist o
f
— 
(1) money received by the White Earth Band as compensation 
pursuant to section 8; and 
(2) money received by the White Earth Band as a result of 
amounts forfeited pursuant to section 8(f); and 
(3) money received as an appropriation pursuant to section 15; 
and 
(4) income accruing on such sums. 
Income accruing to the White Earth Economic Development and 
Tribal Government Fund shall, without further appropriation, be 
available for expenditure as provided in subsection (c). 
(c) Income from the fund may be used by the authorized governing 
body of the band for band administration. Principal and income may 
be used by the authorized governing body of the band for economic 
development, land acquisition, and investments: Provided, however, 
That under no circumstances shall any portion of the moneys 
described in subsection (b) be used for per capita payments to any 
members of the band: Provided further. That none of the funds 
described in subsection (b) shall be expended by the governing body 
of the band until— 
(1) such body has adopted a band financial ordinance and 
investment plan for the use of such funds; and 
(2) such body has submitted to the Secretary a waiver of 
liability on the part of the United States for any loss resulting 
from the use of such funds; and 
(3) the Secretary has approved the band financial ordinance 
and investment plan. The Secretary shall approve or reject in 
writing such ordinance and plan within sixty days of the date it 
is mailed or otherwise submitted to him: Provided, That such 
ordinance and plan shall be deemed approved if, sixty days after 
submission, the Secretary has not so approved or rejected it. 
The Secretary shall approve the ordinsmce and plan if it ade-
quately contains the element specified in this subsection. 
SEC. 13. Notwithstanding any other law to the contrary, the 25 use 331 note. 
United States grants its permission to the State of Minnesota to 
transfer land to the White Earth Band as described in section 
lO(aXl) which prior to the date of enactment of this Act may have 
been obtained by the State pursuant to other Federal law or with 
Federal assistance. Any restrictions or conditions imposed by any 
100 STAT. 70 
PUBLIC LAW 99-264—MAR. 24, 1986 
other Federal law or regulation on the transfer of such land are 
hereby waived and removed. 
25 use 331 note. 
SEC. 14. Not later than five years, or as soon as possible, after the 
date of enactment of this Act, the Secretary shall make all deter-
minations, provide all notices, and complete the administrative 
work necessary to accomplish the objectives of this Act. The Sec-
retary shall give priority in making compensation determinations 
and pa)niients under this Act to original allottees and elderly heirs. 
Reports. 
The Secretary shall submit a report by January 1 of each year to the 
chairman of the House of Representatives Committee on Interior 
and Insular Affairs and the chairman of the Senate Committee on 
Indian Affairs, which report shall summarize the administrative 
progress to date and shall estimate the amount and nature of work 
left to be done. 
25 use 331 note. 
SEC. 15. There are hereby authorized to be appropriated to the 
White Earth Band $6,600,000 as a grant to be expended as provided 
in section 12. 
25 use 331 note. 
SEC. 16. None of the moneys which are distributed under this Act 
shall be subject to Federal or State income taxes or be considered as 
income or resources in determining eligibility for or the amount of 
4
2 use 1305 et 
assistance under the Social Security Act or any other federally 
*
^
9 
assisted program. 
25 use 331 note. 
SEC. 17. The Secretary is authorized, if so requested by the au-
thorized governing body of the White Earth Band, to exchange any 
of the land which is transferred to the United States £is described in 
section 10(a)(1) for any other land within the exterior boundaries of 
the White Earth Reservation which is owned by the United States, 
the State of Minnesota, or any of the State's political subdivisions. 
Nothing in this section shall be deemed to require an exchange not 
agreed to by all parties to the exchange. 
25 use 331 note. 
SEC. 18. Any lands acquired by the White Earth Band within the 
exterior boundaries of the White Earth Reservation with funds 
referred to in section 12, or by the Secretary pursuant to section 17, 
shall be held in trust by the United States. Such lands shall be 
deemed to have been reserved from the date of the establishment of 
said reservation and to be part of the trust land of the White Earth 
Band for all purposes. 
Approved March 24, 1986. 
LEGISLATIVE HISTORY—S. 1396: 
HOUSE REPORTS: No. 99-489 (eomm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 99-192 (Select Oomm. on Indian Affairs). 
eONGRESSIONAL REOORD: 
Vol. 131 (1985): Dec. 12, 13, considered and passed Senate. 
Vol. 132 (1986): Mar. 11, considered and passed House.