Article VIII – Land
In any assignment of tribal lands, preference shall be given to heads of families which are entirely landless. Assignments under this section shall be known as "home assignments" and shall be granted for the purpose of giving opportunity to homeless Indians for establishing a home. Any assignment under this provision shall not exceed ten (10) acres in area.
If any persons holding a "home assignment" of land shall for a period of six months fail to use the land so assigned or shall use the land for any unlawful purpose, his assignment may be cancelled by the Tribal Council after due notice and opportunity to be heard. Such land may then be available for reassignment. Upon the death of any Indian holding a "home assignment", his heirs or other individuals designated by him by will or written request shall have preference in the reassignment of the land, provided such persons are eligible to receive a "home assignment."
Any member of the Rosebud Sioux Tribe who owns an allotment of land or any share in heirship land or any deeded land, may, with the approval of the Secretary of Interior, voluntarily transfer his interest in such land, including or excluding mineral rights therein, to the Tribe and receive therefore an assignment in the same land or other land of equal value or he may receive a proportionate share in a unit of grazing land. Assignments made under this section shall be known as "exchange assignments."
A member receiving an "exchange assignment" shall receive the right to lease such assigned lands or interest under the same terms as governing the leasing of allotments.
Upon the death of a holder of an "exchange assignment," such lands shall be reassigned by the Tribal Council to his heirs or devisees, subject to the following conditions: Such lands may not be reassigned to any heir or devisee who is not a member of the Rosebud Tribe, except that a life assignment may be made to the surviving spouse or child of the holder of such assignment. Such lands may not be reassigned to any heir or devisee who already holds more than 1,920 acres of land on the reservation. (Amendment IV effective June 19, 1962) Such land may not be subdivided into units too small for practical use. No area of grazing land shall be subdivided into units smaller than one hundred sixty (160) acres. No area of agricultural land shall be subdivided into smaller units than two and one half (2 ½) acres. When interests in assignments shall involve smaller areas than the amounts herein set out, the Tribal Council may issue to such heir or devisee a proportionate share in other grazing units or other interest in land of equal value. If there are no eligible heirs or devisee of the decedent, the land shall be eligible for reassignment the same as other tribal lands.
Improvements of any character made upon assigned land may be willed to and inherited by members of the RosebudTribe. When improvements are made possible of fair division, the Tribal Council shall dispose of them under such regulations as it may provide. No permanent improvements may be removed from any tribal or assigned land without the consent of the Tribal Council.
No member of the Rosebud Tribe may use or occupy tribal land except under assignment or lease.
Unassigned land shall be managed by the Tribal Council for the benefit of the members of the entire Tribe.
Applications for assignments of lands shall be made in writing. Such applications shall be submitted to the Council at regular or special sessions. The applications will be placed in the hand of a proper committee who will call the matter up for action at the next regular meeting of the Council. Any member of the Tribe may object, in writing, to a proposed assignment. In the event of objection, the Chairman of the Council shall set a date for a hearing, advising both the applicant and objector. The action of the Council shall be final. The Secretary of the Council shall furnish the Superintendent or other officer in charge of the agency a complete record of all action taken by the Council on applications for assignment of land, and a complete record of assignments shall be kept in the agency office and shall be open for inspection by members of the Tribe. The Council shall draw up one or more forms for standard and exchange assignments, which shall be subject to the approval of the Secretary of the Interior.