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A Joint Resolution to Make Technical Corrections in the Act of January 25, 1983 Public Law 98-608 (99 Stat. 3171)

Passed Oct. 30, 1984

Amends the Indian Land Consolidation Act to remove the guidelines for land transfers under a land consolidation plan from provisions dealing only with the devise or descent of land interests to non-Indians or non-members of a tribe. Places such guidelines with the general provision authorizing land consolidation plans.

Terminates the requirement that tribal purchases of certain land tract interests need the consent of more than 50 percent of the owners of such tract. (Retains the requirement of consent of the owners of more than 50 percent of the undivided interests in such tract.) Grants the tribe a certain time in which to purchase property for which a petition has been filed to remove it from trust or restricted status. 

Authorizes any Indian tribe to adopt its own laws governing the descent and distribution of trust or restricted lands.

States that, where the non-Indian or non-member survivors of an intestate deceased Indian person receive a life estate in certain trust or restricted lands, the remainder shall vest in the Indian individuals or tribal members who would have been heirs in the absence of a qualified person taking a life estate. 

Limits the right to receive a life estate to spouses and children who, if eligible, would have inherited an ownership interest of 10 percent or more in the tract of land.

States that certain undivided interests in trust or restricted lands shall escheat to the tribe if such interest cannot earn at least $100 to the respective heirs in any one of the five years following the decedent's death. (This provision amended the earlier “forced escheat” provision of the original Indian Land Consolidation Act of 1983. The amendment was made before Hodel v. Irving. However, in 1997, the Supreme Court decided in Babbitt v. Youpee that the amendment did not cure the deficiencies of the act and the forced escheat of seemingly negligible pieces of property from allotments effected a taking of private property without just compensation in violation of the Federal Constitution’s Fifth Amendment.)

Authorizes any Indian tribe to adopt its own laws governing the disposition of escheatable interests.

States that this act does not vest a tribal governing body with authority which is not authorized by its constitution or by-laws.

Provides that trust or restricted lands will retain such status if they are acquired by an Indian person or Indian tribe in mortgage foreclosure circumstances unless an application is made to the secretary to change such status.

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