Page:United States Statutes at Large Volume 98 Part 3.djvu/801

 PUBLIC LAW 98-608—OCT. 30, 1984

98 STAT. 3173

"SEC. 207. (a) No undivided interest in any tract of trust or Gifts and restricted land within a tribe's reservation or otherwise subject to a property. tribe's jurisdiction shall descend by intestacy or devise but shall escheat to that tribe if such interest represents 2 per centum or less of the total acreage in such tract and is incapable of earning $100 in any one of the five years from the date of decedent's death. Where the fractional interest has earned to its owner less than $100 in jiny one of the five years before the decedent's death, there shall be a rebuttable presumption that such interest is incapable of earning $100 in any one of the five years following the death of the decedent. "(b) Nothing in this section shall prohibit the devise of such an escheatable fractional interest to any other owner of an undivided fractional interest in such parcel or tract of trust or restricted laind. "(c) Notwithstanding the provisions of subsection (a), any Indian tribe may, subject to the approval of the Secretary, adopt its own code of laws to govern the deposition of interests that are escheatable under this section, and such codes or laws shall take precedence over the escheat provisions of subsection (a), provided, the Secretary shall not approve any code or law that fails to accomplish the purpose of preventing further descent or fractionation of such escheateble interests.". (5) At the conclusion of the Act add the following new section: "SEC. 212. Nothing in this Act shall be construed as vestii^ the 25 USC 2211. governing body of an Indian tribe with any authority which is not authorized by the constitution and by-laws or other organizational document of such tribe.". SEC. 2. The Act of March 29, 1956 (c. 107, 70 Stat. 62; 25 U.S.C. 483a) is amended by inserting immediately after the enacting claiuse "(a)" and by adding at the conclusion of the Act a new subsection (b) as follows: "(b) In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.J. Res. 158: HOUSE REPORT No. 98-49 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-632 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 19, 20, considered and passed House. Vol. 130 (1984): Oct. 3, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendment.

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