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Indian Land Consolidation Act of 1983, Public Law 97-459 (96 Stat. 2517)

Passed Jan. 12, 1983

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 of 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 Indian people 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 land 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. (This provision, often called “original 207,” was deemed unconstitutional by the Supreme Court in Hodel v. Irving. The provision was amended in 1984 by Public Law 98-608.)

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 person 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.

Additional Resources:

Indian Land Consolidation Acts and Amendments

Provides a side-by-side summary of the ILCA and its amendments as codified in USC Title 25, through 2000.