Page:United States Statutes at Large Volume 94 Part 1.djvu/587

 PUBLIC LAW 96-274—JUNE 17, 1980

94 STAT. 537

Public Law 96-274 96th Congress An Act Pertaining to the inheritance of trust or restricted land on the Standing Rock Sioux Reservation, North Dakota and South Dakota.

June 17, 1980 [H.R. 2102]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That to the extent Standing that the laws of descent and distribution of the State in which trust or Rock Sioux restricted land is located on the Standing Rock Indian Reservation in Reservation, N. Dak.-S. Dak. North Dakota and South Dakota (hereinafter the "reservation") are inconsistent with this Act, the provisions of this Act shall govern the right to inherit such trust or restricted land. SEC. 2. Only the Standing Rock Sioux Tribe of North Dakota and Inheritance South Dakota (hereinafter the "tribe") or persons who are (a) enrolled of trust or land. members of the tribe, (b) members of a federally recognized Indian restricted tribe, or (c) otherwise recognized as Indians by the Secretary of the Interior (hereinafter the "Secretary") shall be entitled to receive by devise or descent any interest in trust or restricted land within the boundaries of the reservation as defined by the Act of March 2, 1889 (25 Stat. 888), except as provided in section 4 of this Act. SEC. 3. (a) Whenever any Indian dies possessed of any interest in Eligible heirs. trust or restricted land within the reservation and the trust or restricted land has not been devised by a 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) and which is consistent with the provisions of section 2 of this Act, such interest shall descend to the following persons, subject to their being eligible heirs pursuant to section 2 of this Act: (1) one-half of the interest shall descend to the surviving spouse and the other one-half shall descend in equal shares to 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 equal shares to the children of the decedent and to the issue of 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, no surviving children, or issue of any child, no surviving parent, and no surviving brothers or sisters, the interest shall escheat to the tribe. 03) Any interest which descends in accordance with this section shall be subject to the right of a non-Indian surviving spouse as provided in section 4(a) of this Act. (c) As used in this section, the words "children" and "issue" include "Children" adopted children and children of unwed parents where the Secretary and "issue."

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