What is the Indian Land Consolidation Act?
The Indian Land Consolidation Act (ILCA) is a federal law passed in 1983 to help Native American tribes in Tennessee and elsewhere consolidate fractionated ownership interests in reservation land so that it can be developed or protected as a collective asset. Generally, fractional interests in land result over time due to the generational division and transfer of land from one individual to the next, resulting in numerous owners owning very small plots of land together. The goal of ILCA is to allow tribal members to work together to decide how their lands should be used. Through this law, Indian tribes or their members are able to purchase fractional interests from other members, thus consolidating the ownership into one large parcel of land. The land can then be used for economic development, such as creating housing, businesses, or other improvements. Additionally, the consolidated land can also be used as a means to protect tribal sovereignty and cultural resources. The ILCA is administered and enforced through the U.S. Department of the Interior’s Office of Trust Services. Additionally, the Interior has established regulations to guide the administration of the program. These regulations are designed to be flexible and recognize the unique situations of each tribe. In Tennessee, the Eastern Band of Cherokee Indians has established a Land Consolidation Program. As part of this program, the tribe is actively seeking to purchase fractional interests in tribal lands in order to consolidate them for various uses. This program proves that the ILCA has a positive impact on Native American tribes in the state of Tennessee and beyond.
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