Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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title: "25 U.S.C. § 2202"
description: "Other applicable provisions"
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title_number: 25
title_name: "INDIANS"
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chapter_name: "INDIAN LAND CONSOLIDATION"
section: "2202"
citation: "25 U.S.C. § 2202"
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---
# 25 U.S.C. § 2202 - Other applicable provisions
## Text
The provisions of section 5108 of this title shall apply to all tribes notwithstanding the provisions of section 5125 of this title: Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).
(Pub. L. 97459, title II, § 203, Jan. 12, 1983, 96 Stat. 2517.)
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title: "25 U.S.C. § 2203"
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title_number: 25
title_name: "INDIANS"
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# 25 U.S.C. § 2203 - Adoption of land consolidation plan with approval of Secretary
## Text
(a) Statement of purpose; sales or exchanges: terms and conditions Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings: Provided, That—
(1) except as provided by subsection (c), the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary;
(2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged;
(3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land;
(4) the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and
(5) any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands.
(b) Conveyancing requirement; specific findings for nonexecution The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan.
(c) Below market value conveyance of Cherokee Nation of Oklahoma homesites The Secretary may execute instruments of conveyance for less than fair market value to effectuate the transfer of lands used as homesites held, on December 17, 1991, by the United States in trust for the Cherokee Nation of Oklahoma. Only the lands used as homesites, and described in the land consolidation plan of the Cherokee Nation of Oklahoma approved by the Secretary on February 6, 1987, shall be subject to this subsection.
(Pub. L. 97459, title II, § 204, Jan. 12, 1983, 96 Stat. 2517; Pub. L. 98608, § 1(1), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 102238, § 3, Dec. 17, 1991, 105 Stat. 1908.)
## Notes
Editorial Notes
Amendments1991—Subsec. (a)(1). Pub. L. 102238, § 3(1), substituted “(1) except as provided by subsection (c), the sale price” for “(1) the sale price”. Subsec. (c). Pub. L. 102238, § 3(2), added subsec. (c). 1984—Subsec. (a). Pub. L. 98608 amended subsec. (a) generally, substituting “: Provided, That—” for period at end and inserting five numbered pars., thereby correcting errors originally contained in this section as enacted by Pub. L. 97459, the text of which had a portion of section 204 appearing in section 206 (classified to section 2205 of this title) as the result of inadvertent error in the execution of committee amendments (see House Report No. 97908, Sept. 30, 1982) to the bill. Pub. L. 97459 enacted subsec. (a) as ending with “tribal landholdings.”, and included portion of section 204 containing proviso and five numbered pars. within text of section 206. Subsec. (b). Pub. L. 98608 included subsec. (b) within this section and substituted a period for the dash after “tribal land consolidation plan”, thereby correcting errors originally contained in this section as enacted by Pub. L. 97459, which, as the result of inadvertent error in the execution of committee amendments (see House Report No. 97908, Sept. 30, 1982) to the bill, enacted subsec. (b) as part of section 206(b) of Pub. L. 97459 and ended it with “tribal land consolidation plan—”.
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---
# 25 U.S.C. § 2204 - Purchase of trust or restricted or controlled lands at no less than fair market value; requisite conditions
## Text
(a) Purchase of land (1) In general Subject to subsection (b), any Indian tribe may purchase, at not less than fair market value and with the consent of the owners of the interests, part or all of the interests in—
(A) any tract of trust or restricted land within the boundaries of the reservation of the tribe; or
(B) land that is otherwise subject to the jurisdiction of the tribe.
(2) Required consent (A) In general The Indian tribe may purchase all interests in a tract described in paragraph (1) with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in the tract.
(B) Interest owned by tribe Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under subparagraph (A) has been met.
(b) Conditions applicable to purchase Subsection (a) applies on the condition that—
(1) any Indian owning any undivided interest, and in actual use and possession of such tract for at least three years preceding the tribal initiative, may purchase such tract by matching the tribal offer;
(2) if at any time within five years following the date of acquisition of such land by an individual pursuant to this section, such property is offered for sale or a petition is filed with the Secretary for removal of the property from trust or restricted status, the tribe shall have 180 days from the date it is notified of such offer or petition to acquire such property by paying to the owner the fair market value as determined by the Secretary; and
(3) the approval of the Secretary shall be required for a land sale initiated under this section, except that such approval shall not be required with respect to a land sale transaction initiated by an Indian tribe that has in effect a land consolidation plan that has been approved by the Secretary under section 2203 of this title.
(c) Partition of highly fractionated Indian lands (1) Applicability This subsection shall be applicable only to parcels of land (including surface and subsurface interests, except with respect to a subsurface interest that has been severed from the surface interest, in which case this subsection shall apply only to the surface interest) which the Secretary has determined, pursuant to paragraph (2)(B),11 So in original. Probably should be paragraph “(2)(C),”. to be parcels of highly fractionated Indian land.
(2) Requirements Each partition action under this subsection shall be conducted by the Secretary in accordance with the following requirements:
(A) Application Upon receipt of any payment or bond required under subparagraph (B), the Secretary shall commence a process for partitioning a parcel of land by sale in accordance with the provisions of this subsection upon receipt of an application by—
(i) the Indian tribe with jurisdiction over the subject land that owns an undivided interest in the parcel of land; or
(ii) any person owning an undivided interest in the parcel of land who is eligible to bid at the sale of the parcel pursuant to subclause (II), (III), or (IV) of subparagraph (I)(i);
provided that no such application shall be valid or considered if it is received by the Secretary prior to the date that is 1 year after the date on which notice is published pursuant to section 8(a)(4) of the American Indian Probate Reform Act of 2004.
(B) Costs of serving notice and publication The costs of serving and publishing notice under subparagraph (F) shall be borne by the applicant. Upon receiving written notice from the Secretary, the applicant must pay to the Secretary an amount determined by the Secretary to be the estimated costs of such service of notice and publication, or furnish a sufficient bond for such estimated costs within the time stated in the notice, failing which, unless an extension is granted by the Secretary, the Secretary shall not be required to commence the partition process under subparagraph (A) and may deny the application. The Secretary shall have the discretion and authority in any case to waive either the payment or the bond (or any portion of such payment or bond) otherwise required by this subparagraph, upon making a determination that such waiver will further the policies of this chapter.
(C) Determination Upon receipt of an application pursuant to subparagraph (A), the Secretary shall determine whether the subject parcel meets the requirements set forth in section 2201(6) of this title to be classified as a parcel of highly fractionated Indian land.
(D) Consent requirements (i) In general A parcel of land may be partitioned under this subsection only if the applicant obtains the written consent of—
(I) the Indian tribe with jurisdiction over the subject land if such Indian tribe owns an undivided interest in the parcel;
(II) any owner who, for the 3-year period immediately preceding the date on which the Secretary receives the application, has
(aa) continuously maintained a bona fide residence on the parcel; or
(bb) operated a bona fide farm, ranch, or other business on the parcel; and
(III) the owners (including parents of minor owners and legal guardians of incompetent owners) of at least 50 percent of the undivided interests in the parcel, but only in cases where the Secretary determines that, based on the final appraisal prepared pursuant to subparagraph (F), any 1 owners total undivided interest in the parcel (not including the interest of an Indian tribe or that of the owner requesting the partition) has a value in excess of $1,500.
Any consent required by this clause must be in writing and acknowledged before a notary public (or other official authorized to make acknowledgments), and shall be approved by the Secretary unless the Secretary has reason to believe that the consent was obtained as a result of fraud or undue influence.
(ii) Consent by the Secretary on behalf of certain individuals For the purposes of clause (i)(III), the Secretary may consent on behalf of—
(I) undetermined heirs of trust or restricted interests and owners of such interests who are minors and legal incompetents having no parents or legal guardian; and
(II) missing owners or owners of trust or restricted interests whose whereabouts are unknown, but only after a search for such owners has been completed in accordance with the provisions of this subsection.
(E) Appraisal After the Secretary has determined that the subject parcel is a parcel of highly fractionated Indian land pursuant to subparagraph (C), the Secretary shall cause to be made, in accordance with the provisions of this chapter for establishing fair market value, an appraisal of the fair market value of the subject parcel.
(F) Notice to owners on completion of appraisal Upon completion of the appraisal, the Secretary shall give notice of the requested partition and appraisal to all owners of undivided interests in the parcel, in accordance with principles of due process. Such notice shall include the following requirements:
(i) Written notice The Secretary shall attempt to give each owner written notice of the partition action stating the following:
(I) That a proceeding to partition the parcel of land by sale has been commenced.
(II) The legal description of the subject parcel.
(III) The owners ownership interest in the subject parcel as evidenced by the Secretarys records as of the date that owners are determined in accordance with clause (ii).
(IV) The results of the appraisal.
(V) The owners right to receive a copy of the appraisal upon written request.
(VI) The owners right to comment on or object to the proposed partition and the appraisal.
(VII) That the owner must timely comment on or object in writing to the proposed partition or the appraisal, in order to receive notice of approval of the appraisal and right to appeal.
(VIII) The date by which the owners written comments or objections must be received, which shall not be less than 90 days after the date that the notice is mailed under this clause or last published under clause (ii)(II).
(IX) The address for requesting copies of the appraisal and for submitting written comments or objections.
(X) The name and telephone number of the official to be contacted for purposes of obtaining information regarding the proceeding, including the time and date of the auction of the land or the date for submitting sealed bids.
(XI) Any other information the Secretary deems to be appropriate.
(ii) Manner of service (I) Service by certified mail The Secretary shall use due diligence to provide all owners of interests in the subject parcel, as evidenced by the Secretarys records at the time of the determination under subparagraph (C), with actual notice of the partition proceedings by mailing a copy of the written notice described in clause (i) by certified mail, restricted delivery, to each such owner at the owners last known address. For purposes of this subsection, owners shall be determined from the Secretarys land title records as of the date of the determination under subparagraph (C) or a date that is not more than 90 days prior to the date of mailing under this clause, whichever is later. In the event the written notice to an owner is returned undelivered, the Secretary shall attempt to obtain a current address for such owner by conducting a reasonable search (including a reasonable search of records maintained by local, State, Federal and tribal governments and agencies) and by inquiring with the Indian tribe with jurisdiction over the subject parcel, and, if different from that tribe, the Indian tribe of which the owner is a member, and, if successful in locating any such owner, send written notice by certified mail in accordance with this subclause.
(II) Notice by publication The Secretary shall give notice by publication of the partition proceedings to all owners that the Secretary was unable to serve pursuant to subclause (I), and to unknown heirs and assigns by—
(aa) publishing the notice described in clause (i) at least 2 times in a newspaper of general circulation in the county or counties where the subject parcel of land is located or, if there is an Indian tribe with jurisdiction over the parcel of land and that tribe publishes a tribal newspaper or newsletter at least once every month, 1 time in such newspaper of general circulation and 1 time in such tribal newspaper or newsletter;
(bb) posting such notice in a conspicuous place in the tribal headquarters or administration building (or such other tribal building determined by the Secretary to be most appropriate for giving public notice) of the Indian tribe with jurisdiction over the parcel of land, if any; and
(cc) in addition to the foregoing, in the Secretarys discretion, publishing notice in any other place or means that the Secretary determines to be appropriate.
(G) Review of comments on appraisal (i) In general After reviewing and considering comments or information timely submitted by any owner of an interest in the parcel in response to the notice required under subparagraph (F), the Secretary may, consistent with the provisions of this chapter for establishing fair market value—
(I) order a new appraisal; or
(II) approve the appraisal;
provided that if the Secretary orders a new appraisal under subclause (I), notice of the new appraisal shall be given as specified in clause (ii).
(ii) Notice Notice shall be given—
(I) in accordance with subparagraph (H), where the new appraisal results in a value of the land that is equal to or greater than that of the earlier appraisal; or
(II) in accordance with subparagraph (F)(ii), where the new appraisal results in a lower valuation of the land.
(H) Notice to owners of approval of appraisal and right to appeal Upon making the determination under subparagraph (G), the Secretary shall provide to the Indian tribe with jurisdiction over the subject land and to all persons who submitted written comments on or objections to the proposed partition or appraisal, a written notice to be served on such tribe and persons by certified mail. Such notice shall state—
(i) the results of the appraisal;
(ii) that the owner has the right to review a copy of the appraisal upon request;
(iii) that the land will be sold for not less than the appraised value, subject to the consent requirements under paragraph (2)(D);
(iv) the time of the sale or for submitting bids under subparagraph (I);
(v) that the owner has the right, under the Secretarys regulations governing administrative appeals, to pursue an administrative appeal from—
(I) the determination that the land may be partitioned by sale under the provisions of this section; and
(II) the Secretarys order approving the appraisal;
(vi) the date by which an administrative appeal must be taken, a citation to the provisions of the Secretarys regulations that will govern the owners appeal, and any other information required by such regulations to be given to parties affected by adverse decisions of the Secretary;
(vii) in cases where the Secretary determines that any persons undivided trust or restricted interest in the parcel exceeds $1,500 pursuant to paragraph (2)(D)(iii), that the Secretary has authority to consent to the partition on behalf of undetermined heirs of trust or restricted interests in the parcel and owners of such interests whose whereabouts are unknown; and
(viii) any other information the Secretary deems to be appropriate.
(I) Sale to eligible purchaser (i) In general Subject to clauses (ii) and (iii) and the consent requirements of paragraph (2)(D), the Secretary shall, after providing notice to owners under subparagraph (H), including the time and place of sale or for receiving sealed bids, at public auction or by sealed bid (whichever of such methods of sale the Secretary determines to be more appropriate under the circumstances) sell the parcel of land by competitive bid for not less than the final appraised fair market value to the highest bidder from among the following eligible bidders:
(I) The Indian tribe, if any, with jurisdiction over the trust or restricted interests in the parcel being sold.
(II) Any person who is a member, or is eligible to be a member, of the Indian tribe described in subclause (I).
(III) Any person who is a member, or is eligible to be a member, of an Indian tribe but not of the tribe described in subclause (I), but only if such person already owns an undivided interest in the parcel at the time of sale.
(IV) Any lineal descendent of the original allottee of the parcel who is a member or is eligible to be a member of an Indian tribe or, with respect to a parcel located in the State of California that is not within an Indian tribes reservation or not otherwise subject to the jurisdiction of an Indian tribe, who is a member, or eligible to be a member, of an Indian tribe or owns a trust or restricted interest in the parcel.
(ii) Right to match highest bid If the highest bidder is a person who is only eligible to bid under clause (i)(III), the Indian tribe that has jurisdiction over the parcel, if any, shall have the right to match the highest bid and acquire the parcel, but only if—
(I) prior to the date of the sale, the governing body of such tribe has adopted a tribal law or resolution reserving its right to match the bids of such nonmember bidders in partition sales under this subsection and delivered a copy of such law or resolution to the Secretary; and
(II) the parcel is not acquired under clause (iii).
(iii) Right to purchase Any person who is a member, or eligible to be a member, of the Indian tribe with jurisdiction over the trust or restricted interests in the parcel being sold and is, as of the time of sale under this subparagraph, the owner of the largest undivided interest in the parcel shall have a right to purchase the parcel by tendering to the Secretary an amount equal to the highest sufficient bid submitted at the sale, less that amount of the bid attributable to such owners share, but only if—
(I) the owner submitted a sufficient bid at the sale;
(II) the owners total undivided interest in the parcel immediately prior to the sale was—
(aa) greater than the undivided interest held by any other co-owners, except where there are 2 or more co-owners whose interests are of equal size but larger than the interests of all other co-owners and such owners of the largest interests have agreed in writing that 1 of them may exercise the right of purchase under this clause; and
(bb) equal to or greater than 20 percent of the entire undivided ownership of the parcel;
(III) within 3 days following the date of the auction or for receiving sealed bids, and in accordance with the regulations adopted to implement this section (if any), the owner delivers to the Secretary a written notice of intent to exercise the owners rights under this clause; and
(IV) such owner tenders the amount of the purchase price required under this clause—
(aa) not more than 30 days after the date of the auction or time for receiving sealed bids; and
(bb) in accordance with any requirements of the regulations promulgated under paragraph (5).
(iv) Interest acquired A purchaser of a parcel of land under this subparagraph shall acquire title to the parcel in trust or restricted status, free and clear of any and all claims of title or ownership of all persons or entities (not including the United States) owning or claiming to own an interest in such parcel prior to the time of sale.
(J) Proceeds of sale (i) Subject to clauses (ii) and (iii), the Secretary shall distribute the proceeds of sale of a parcel of land under the provisions of this section to the owners of interests in such parcel in proportion to their respective ownership interests.
(ii) Proceeds attributable to the sale of trust or restricted interests shall be maintained in accounts as trust personalty.
(iii) Proceeds attributable to the sale of interests of owners whose whereabouts are unknown, of undetermined heirs, and of other persons whose ownership interests have not been recorded shall be held by the Secretary until such owners, heirs, or other persons have been determined, at which time such proceeds shall be distributed in accordance with clauses (i) and (ii).
(K) Lack of bids or consent (i) Lack of bids If no bidder described in subparagraph (I) presents a bid that equals or exceeds the final appraised value, the Secretary may either—
(I) purchase the parcel of land for its appraised fair market value on behalf of the Indian tribe with jurisdiction over the land, subject to the lien and procedures provided under section 2213(b) of this title; or
(II) terminate the partition process.
(ii) Lack of consent If an applicant fails to obtain any applicable consent required under the provisions of subparagraph (D) by the date established by the Secretary prior to the proposed sale, the Secretary may either extend the time for obtaining any such consent or deny the request for partition.
(3) Enforcement (A) In general If a partition is approved under this subsection and an owner of an interest in the parcel of land refuses to surrender possession in accordance with the partition decision, or refuses to execute any conveyance necessary to implement the partition, then any affected owner or the United States may—
(i) commence a civil action in the United States district court for the district in which the parcel of land is located; and
(ii) request that the court issue an order for ejectment or any other appropriate remedy necessary for the partition of the land by sale.
(B) Federal role With respect to any civil action brought under subparagraph (A)—
(i) the United States—
(I) shall receive notice of the civil action; and
(II) may be a party to the civil action; and
(ii) the civil action shall not be dismissed, and no relief requested shall be denied, on the ground that the civil action is against the United States or that the United States is a necessary and indispensable party.
(4) Grants and loans The Secretary may provide grants and low interest loans to successful bidders at sales authorized by this subsection, provided that—
(A) the total amount of such assistance in any such sale shall not exceed 20 percent of the appraised value of the parcel of land sold; and
(B) the grant or loan funds provided shall only be applied toward the purchase price of the parcel of land sold.
(5) Regulations The Secretary is authorized to adopt such regulations as may be necessary to implement the provisions of this subsection. Such regulations may include provisions for giving notice of sales to prospective purchasers eligible to submit bids at sales conducted under paragraph (2)(I).
(Pub. L. 97459, title II, § 205, Jan. 12, 1983, 96 Stat. 2517; Pub. L. 98608, § 1(2), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 106462, title I, § 103(2), Nov. 7, 2000, 114 Stat. 1993; Pub. L. 108374, §§ 4, 6(a)(1), Oct. 27, 2004, 118 Stat. 1787, 1797; Pub. L. 109157, §§ 2, 8(a)(1), Dec. 30, 2005, 119 Stat. 2949, 2952; Pub. L. 110453, title II, § 207(b), Dec. 2, 2008, 122 Stat. 5030.)
## Notes
Editorial Notes
References in TextSection 8(a)(4) of the American Indian Probate Reform Act of 2004, referred to in subsec. (c)(2)(A), is section 8(a)(4) of Pub. L. 108374, which is set out as a note under section 2201 of this title. This chapter, referred to in subsec. (c)(2)(B), (E), (G)(i), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
Amendments2008—Subsec. (c)(2)(D)(i). Pub. L. 110453 substituted “by the Secretary” for “by Secretary” in concluding provisions. 2005—Subsec. (a). Pub. L. 109157, § 2(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “Subject to subsection (b) of this section, any Indian tribe may purchase at no less than the fair market value part or all of the interests in any tract of trust or restricted land within that tribes reservation or otherwise subject to that tribes jurisdiction with the consent of the owners of such interests. The tribe may purchase all of the interests in such tract with the consent of the owners of undivided interests equal to at least 50 percent of the undivided interest in such tract. Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under the preceding sentence has been met.” Subsec. (c). Pub. L. 109157, § 2(2), redesignated subsec. (d) as (c). Prior to amendment, no subsec. (c) had been enacted. Subsec. (c)(2)(G)(ii)(I). Pub. L. 109157, § 2(3)(A)(i), substituted “a value of the land that is equal to or greater than that of the earlier appraisal” for “a higher valuation of the land”. Subsec. (c)(2)(I)(iii)(III). Pub. L. 109157, § 2(3)(A)(ii)(I), inserted “(if any)” after “this section”. Subsec. (c)(2)(I)(iii)(IV)(aa). Pub. L. 109157, § 2(3)(A)(ii)(II)(aa), substituted “more” for “less”. Subsec. (c)(2)(I)(iii)(IV)(bb). Pub. L. 109157, § 2(3)(A)(ii)(II)(bb), substituted “under paragraph (5)” for “to implement this section”. Subsec. (c)(5). Pub. L. 109157, § 2(3)(B), in second sentence, substituted “may” for “shall”. Subsec. (d). Pub. L. 109157, § 8(a)(1), amended directory language of Pub. L. 108374, § 4. See 2004 Amendment note below. Pub. L. 109157, § 2(2), redesignated subsec. (d) as (c). 2004—Subsec. (a). Pub. L. 108374, § 6(a)(1), in second sentence, substituted “undivided interests equal to at least 50 percent of the undivided interest” for “over 50 per centum of the undivided interests”. Subsec. (d). Pub. L. 108374, § 4, as amended by Pub. L. 109157, § 8(a)(1), added subsec. (d). 2001—Pub. L. 106462, § 103(2)(A)(iii), which directed substitution of subsec. (b) designation and heading and “Subsection (a) applies on the condition that—” for “: Provided, That—”, was executed by making the substitution for “Provided, That—” to reflect the probable intent of Congress and the amendment by Pub. L. 106462, § 103(2)(A)(ii). See below. Pub. L. 106462, § 103(2)(A)(i), (ii), substituted subsec. (a) designation and heading and “Subject to subsection (b), any Indian” for “Any Indian” and “. Interests owned by an Indian tribe in a tract may be included in the computation of the percentage of ownership of the undivided interests in that tract for purposes of determining whether the consent requirement under the preceding sentence has been met.” for the colon before “Provided, That—”. Subsec. (b)(2). Pub. L. 106462, § 103(2)(B)(ii), inserted “and” at end. Pub. L. 106462, § 103(2)(B)(i), which directed substitution of “if” for “If,”, was executed by making the substitution for “if,” to reflect the probable intent of Congress. Subsec. (b)(3). Pub. L. 106462, § 103(2)(C), added par. (3) and struck out former par. (3) which read as follows: “all purchases and sales initiated under this section shall be subject to approval by the Secretary.” 1984—Pub. L. 98608 amended section generally, substituting “the owners of such interests. The tribe may purchase all of the interests in such tract with the consent of the owners of over 50 per centum of the undivided interests in such tract” for “of over 50 per centum of the owners or with the consent of the owners of over 50 per centum of undivided interests in such tract” before proviso. Par. (1). Pub. L. 98608 redesignated par. (2) as (1) and inserted “for at least three years preceding the tribal initiative,” before “may purchase such tract”. Former par. (1), which provided that no such tract shall be acquired by any Indian or tribe over the objections of three or less owners owning 50 per centum or more of the total interest in such tract, was struck out. Par. (2). Pub. L. 98608 added par. (2). Former par. (2) redesignated (1). Pars. (3), (4). Pub. L. 98608 redesignated par. (4) as (3), and in par. (3), as so redesignated, substituted “subject to approval” for “approved” and struck out former par. (3), which provided that “this section shall not apply to any tract of land owned by less than fifteen persons; and”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109157 effective as if included in Pub. L. 108374, see section 9 of Pub. L. 109157, set out as a note under section 5107 of this title.
SeverabilityInvalidity of any provision of Pub. L. 108374 not to affect validity of remaining provisions, except that each of subcls. (II), (III), or (IV) of subsection (c)(2)(I)(i) of this section deemed to be inseverable from the other two, such that invalidity of any one subcl. renders the other two without effect, see section 9 of Pub. L. 108374, as amended, set out as a note under section 2201 of this title.
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# 25 U.S.C. § 2205 - Tribal probate codes; acquisitions of fractional interests by tribes
## Text
(a) Tribal probate codes (1) In general Notwithstanding any other provision of law, any Indian tribe may adopt a tribal probate code to govern descent and distribution of trust or restricted lands that are—
(A) located within that Indian tribes reservation; or
(B) otherwise subject to the jurisdiction of that Indian tribe.
(2) Possible inclusions A tribal probate code referred to in paragraph (1) may include—
(A) rules of intestate succession; and
(B) other tribal probate code provisions that are consistent with Federal law and that promote the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(3) Tribal probate codes Except as provided in any applicable Federal law, the Secretary shall not approve a tribal probate code, or an amendment to such a code, that prohibits the devise of an interest in trust or restricted land to—
(A) an Indian lineal descendant of the original allottee; or
(B) an Indian who is not a member of the Indian tribe with jurisdiction over such an interest;
unless the code provides for—
(i) the renouncing of interests to eligible devisees in accordance with the code;
(ii) the opportunity for a devisee who is the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and
(iii) payment of fair market value in the manner prescribed under subsection (c)(2).
(b) Secretarial approval (1) In general Any tribal probate code enacted under subsection (a), and any amendment to such a tribal probate code, shall be subject to the approval of the Secretary.
(2) Review and approval (A) In general Each Indian tribe that adopts a tribal probate code under subsection (a) shall submit that code to the Secretary for review. Not later than 180 days after a tribal probate code is submitted to the Secretary under this paragraph, the Secretary shall review and approve or disapprove that tribal probate code.
(B) Consequence of failures to approve or disapprove a tribal probate code If the Secretary fails to approve or disapprove a tribal probate code submitted for review under subparagraph (A) by the date specified in that subparagraph, the tribal probate code shall be deemed to have been approved by the Secretary, but only to the extent that the tribal probate code is consistent with Federal law and promotes the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(C) Consistency of tribal probate code with chapter The Secretary may not approve a tribal probate code, or any amendment to such a code, under this paragraph unless the Secretary determines that the tribal probate code promotes the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(D) Explanation If the Secretary disapproves a tribal probate code, or an amendment to such a code, under this paragraph, the Secretary shall include in the notice of disapproval to the Indian tribe a written explanation of the reasons for the disapproval.
(E) Amendments (i) In general Each Indian tribe that amends a tribal probate code under this paragraph shall submit the amendment to the Secretary for review and approval. Not later than 60 days after receiving an amendment under this subparagraph, the Secretary shall review and approve or disapprove the amendment.
(ii) Consequence of failure to approve or disapprove an amendment If the Secretary fails to approve or disapprove an amendment submitted under clause (i), the amendment shall be deemed to have been approved by the Secretary, but only to the extent that the amendment is consistent with Federal law and promotes the policies set forth in section 102 of the Indian Land Consolidation Act 11 So in original. Probably should be followed by “Amendments”. of 2000.
(3) Effective dates A tribal probate code approved under paragraph (2) shall become effective on the later of—
(A) the date that is 1 year after the date on which the Secretary makes the certification required under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108374); or
(B) 180 days after the date of approval.
(4) Limitations (A) Tribal probate codes Each tribal probate code enacted under subsection (a) shall apply only to the estate of a decedent who dies on or after the effective date of the tribal probate code.
(B) Amendments to tribal probate codes With respect to an amendment to a tribal probate code referred to in subparagraph (A), that amendment shall apply only to the estate of a decedent who dies on or after the effective date of the amendment.
(5) Repeals The repeal of a tribal probate code shall—
(A) not become effective earlier than the date that is 180 days after the Secretary receives notice of the repeal; and
(B) apply only to the estate of a decedent who dies on or after the effective date of the repeal.
(c) Authority available to Indian tribes (1) Authority (A) In general If the owner of an interest in trust or restricted land devises an interest in such land to a non-Indian under section 2206(b)(2)(A)(ii) of this title, the Indian tribe that exercises jurisdiction over the parcel of land involved may acquire such interest by paying to the Secretary the fair market value of such interest, as determined by the Secretary on the date of the decedents death.
(B) Transfer The Secretary shall transfer payments received under subparagraph (A) to any person or persons who would have received an interest in land if the interest had not been acquired by the Indian tribe in accordance with this paragraph.
(2) Limitation (A) Inapplicability to certain interests (i) In general Paragraph (1) shall not apply to an interest in trust or restricted land if—
(I) while the decedents estate is pending before the Secretary, the non-Indian devisee renounces the interest in favor of an Indian person; or
(II) (aa) the interest is part of a family farm that is devised to a member of the family of the decedent; and
(bb) the devisee agrees in writing that the Indian tribe with jurisdiction over the land will have the opportunity to acquire the interest for fair market value if the interest is offered for sale to a person or entity that is not a member of the family of the owner of the land.
(ii) Recording of interest On request by the Indian tribe described in clause (i)(II)(bb), a restriction relating to the acquisition by the Indian tribe of an interest in a family farm involved shall be recorded as part of the deed relating to the interest involved.
(iii) Mortgage and foreclosure Nothing in clause (i)(II) limits—
(I) the ability of an owner of land to which that clause applies to mortgage the land; or
(II) the right of the entity holding such a mortgage to foreclose or otherwise enforce such a mortgage agreement in accordance with applicable law.
(iv) Definition of “member of the family” In this paragraph, the term “member of the family”, with respect to a decedent or landowner, means—
(I) a lineal descendant of a decedent or landowner;
(II) a lineal descendant of the grandparent of a decedent or landowner;
(III) the spouse of a descendant or landowner described in subclause (I) or (II); and
(IV) the spouse of a decedent or landowner.
(B) Reservation of life estate A non-Indian devisee described in paragraph (1), may retain a life estate in the interest involved, including a life estate to the revenue produced from the interest. The amount of any payment required under paragraph (1) shall be reduced to reflect the value of any life estate reserved by a non-Indian devisee under this subparagraph.
(3) Payments With respect to payments by an Indian tribe under paragraph (1), the Secretary shall—
(A) upon the request of the tribe, allow a reasonable period of time, not to exceed 2 years, for the tribe to make payments of amounts due pursuant to paragraph (1); or
(B) recognize alternative agreed upon exchanges of consideration or extended payment terms between the non-Indian devisee described in paragraph (1) and the tribe in satisfaction of the payment under paragraph (1).
(d) Use of proposed findings by tribal justice systems (1) Tribal justice system defined In this subsection, the term “tribal justice system” has the meaning given that term in section 3602 of this title.
(2) Regulations The Secretary by regulation may provide for the use of findings of fact and conclusions of law, as rendered by a tribal justice system, as proposed findings of fact and conclusions of law in the adjudication of probate proceedings by the Department of the Interior.
(Pub. L. 97459, title II, § 206, as added Pub. L. 106462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993; amended Pub. L. 108374, § 6(a)(3), Oct. 27, 2004, 118 Stat. 1799; Pub. L. 109157, § 3, Dec. 30, 2005, 119 Stat. 2950.)
## Notes
Editorial Notes
References in TextSection 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsecs. (a)(2)(B), (b)(2)(B), (C), (E)(ii), is section 102 of Pub. L. 106462, which is set out as a note under section 2201 of this title. This chapter, referred to in subsec. (b)(2)(C), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
Prior ProvisionsA prior section 2205, Pub. L. 97459, title II, § 206, Jan. 12, 1983, 96 Stat. 2518; Pub. L. 98608, § 1(3), Oct. 30, 1984, 98 Stat. 3172, related to descent and distribution of trust or restricted or controlled lands, tribal ordinance barring nonmembers of tribe or non-Indians from inheritance by devise or descent, and limitation on life estate, prior to repeal by Pub. L. 106462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993.
Amendments2005—Subsec. (b)(3)(A). Pub. L. 109157, § 3(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “the date specified in section 2206(g)(5) of this title; or”. Subsec. (c)(1)(A). Pub. L. 109157, § 3(2)(A), substituted “section 2206(b)(2)(A)(ii)” for “section 2206(a)(6)(A)”. Subsec. (c)(2)(A)(i)(II)(bb). Pub. L. 109157, § 3(2)(B), inserted “in writing” after “agrees”. 2004—Subsec. (a)(3). Pub. L. 108374, § 6(a)(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The Secretary shall not approve a tribal probate code if such code prevents an Indian person from inheriting an interest in an allotment that was originally allotted to his or her lineal ancestor.” Subsec. (c)(1). Pub. L. 108374, § 6(a)(3)(B)(i)(I), (III), substituted “Authority” for “In general” in heading, designated existing provisions as subpar. (A), inserted heading, and struck out at end “The Secretary shall transfer such payment to the devisee.”, and added subpar. (B). Subsec. (c)(1)(A). Pub. L. 108374, § 6(a)(3)(B)(i)(II), which directed the substitution of “section 207(b)(2)(A)(ii) of this title” for “section 207(a)(6)(A) of this title” in the original, could not be executed, because “of this title” did not appear in the original. Subsec. (c)(2)(A). Pub. L. 108374, § 6(a)(3)(B)(ii)(I), substituted “Inapplicability to certain interests” for “In general” in heading, designated existing provisions as cl. (i) and inserted heading, inserted subcl. (I) designation and added subcl. (II), and added cls. (ii) to (iv). Subsec. (c)(2)(B). Pub. L. 108374, § 6(a)(3)(B)(ii)(II), which directed the substitution of “paragraph (1)” for “subparagraph (A) or a non-Indian devisee described in section 2206(a)(6)(B) of this title” was executed by making the substitution for language which did not contain the words “of this title” in the original, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109157 effective as if included in Pub. L. 108374, see section 9 of Pub. L. 109157, set out as a note under section 5107 of this title.
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# 25 U.S.C. § 2207 - Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands
## Text
The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 372 of this title, and other laws, shall give full faith and credit to any tribal actions taken pursuant to subsections (a) and (b) of section 2205 of this title, which provision shall apply only to estates of decedents whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this chapter.
(Pub. L. 97459, title II, § 208, Jan. 12, 1983, 96 Stat. 2519; Pub. L. 106462, title I, § 103(5), Nov. 7, 2000, 114 Stat. 1999.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106462 substituted “subsections (a) and (b) of section 2205” for “section 2205”.
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# 25 U.S.C. § 2208 - Conveyancing authority upon sale or exchange of tribal lands; removal of trust status of individually owned lands
## Text
The Secretary shall have the authority to issue deeds, patents, or such other instruments of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to the terms of this chapter and to remove, at the request of an Indian owner, the trust status of individually held lands or interests therein, where authorized by law.
(Pub. L. 97459, title II, § 209, Jan. 12, 1983, 96 Stat. 2519.)
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# 25 U.S.C. § 2209 - Trusteeship title of United States for any Indian or Indian tribe
## Text
Title to any land acquired under this chapter by any Indian or Indian tribe shall be taken in trust by the United States for that Indian or Indian tribe.
(Pub. L. 97459, title II, § 210, Jan. 12, 1983, 96 Stat. 2519.)
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# 25 U.S.C. § 2210 - Tax exemption
## Text
All lands or interests in land acquired by the United States for an Indian or Indian tribe under authority of this chapter shall be exempt from Federal, State and local taxation.
(Pub. L. 97459, title II, § 211, Jan. 12, 1983, 96 Stat. 2519.)
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# 25 U.S.C. § 2211 - Governing body of tribe; construction of chapter as not vesting with authority not authorized by tribal constitution or by-laws
## Text
Nothing in this chapter shall be construed as vesting the 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.
(Pub. L. 97459, title II, § 212, as added Pub. L. 98608, § 1(5), Oct. 30, 1984, 98 Stat. 3173.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
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# 25 U.S.C. § 2212 - Fractional interest acquisition program
## Text
(a) Acquisition by Secretary (1) In general The Secretary may acquire, at the discretion of the Secretary and with the consent of the owner, or from an heir during probate in accordance with section 2206(o) of this title and at fair market value, any fractional interest in trust or restricted lands.
(2) Authority of Secretary The Secretary shall submit the report required under section 2217 of this title concerning how the fractional interest acquisition program should be enhanced to increase the resources made available to Indian tribes and individual Indian landowners.
(3) Interests held in trust Subject to section 2213 of this title, the Secretary shall immediately hold interests acquired under this chapter in trust for the recognized tribal government that exercises jurisdiction over the land involved.
(b) Requirements In implementing subsection (a), the Secretary—
(1) shall promote the policies provided for in section 102 of the Indian Land Consolidation Act Amendments of 2000;
(2) may give priority to the acquisition of fractional interests representing 2 percent or less of a parcel of trust or restricted land, especially those interests that would have escheated to a tribe but for the Supreme Courts decision in Babbitt v. Youpee (117 S 11 So in original. Probably should be followed by a period. Ct. 727 (1997));
(3) to the extent practicable—
(A) shall consult with the tribal government that exercises jurisdiction over the land involved in determining which tracts to acquire on a reservation;
(B) shall coordinate the acquisition activities with the acquisition program of the tribal government that exercises jurisdiction over the land involved, including a tribal land consolidation plan approved pursuant to section 2203 of this title; and
(C) may enter into agreements (such agreements will not be subject to the provisions of the Indian Self-Determination and Education Assistance Act of 1974 [25 U.S.C. 5301 et seq.]) with the tribal government that exercises jurisdiction over the land involved or a subordinate entity of the tribal government to carry out some or all of the Secretarys land acquisition program; and
(4) shall minimize the administrative costs associated with the land acquisition program through the use of policies and procedures designed to accommodate the voluntary sale of interests under this section, notwithstanding the existence of any otherwise applicable policy, procedure, or regulation, through the elimination of duplicate—
(A) conveyance documents;
(B) administrative proceedings; and
(C) transactions.
(c) Sale of interest to Indian landowners (1) Conveyance at request (A) In general At the request of any Indian who owns an undivided interest in a parcel of trust or restricted land, the Secretary shall convey an interest in such parcel acquired under this section to the Indian landowner—
(i) on payment by the Indian landowner of the amount paid for the interest by the Secretary; or
(ii) if—
(I) the Indian referred to in this subparagraph provides assurances that the purchase price will be paid by pledging revenue from any source, including trust resources; and
(II) the Secretary determines that the purchase price will be paid in a timely and efficient manner.
(B) Limitation With respect to a conveyance under this subsection, the Secretary shall not approve an application to terminate the trust status or remove the restrictions of such an interest unless the interest is subject to a foreclosure of a mortgage in accordance with section 5135 of this title.
(2) Multiple owners If more than one Indian owner requests an interest under paragraph (1), the Secretary shall convey the interest to the Indian owner who owns the largest percentage of the undivided interest in the parcel of trust or restricted land involved.
(3) Limitation If an Indian tribe that has jurisdiction over a parcel of trust or restricted land owns an undivided interest in a parcel of such land, such interest may only be acquired under paragraph (1) with the consent of such Indian tribe.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2005, $95,000,000 for fiscal year 2006, and $145,000,000 for each of fiscal years 2007 through 2010.
(Pub. L. 97459, title II, § 213, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 1999; amended Pub. L. 108374, § 6(a)(5), Oct. 27, 2004, 118 Stat. 1800; Pub. L. 109157, § 5, Dec. 30, 2005, 119 Stat. 2952; Pub. L. 110453, title II, § 207(d), Dec. 2, 2008, 122 Stat. 5033.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a)(3), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress. Section 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsec. (b)(1), is section 102 of Pub. L. 106462, which is set out as a note under section 2201 of this title. The Indian Self-Determination and Education Assistance Act of 1974, referred to in subsec. (b)(3)(C), probably means the Indian Self-Determination and Education Assistance Act, Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Amendments2008—Subsec. (a)(1). Pub. L. 110453 substituted “section 2206(o)” for “section 2206(p)”. 2005—Pub. L. 109157, § 5(1), amended section catchline generally making technical correction to section designation. Subsec. (a)(1). Pub. L. 109157, § 5(2), made technical amendment to reference in original act which appears in text as reference to section 2206(p) of this title. 2004—Pub. L. 108374, § 6(a)(5)(A), substituted “Fractional interest acquisition program” for “Pilot program for the acquisition of fractional interests” in section catchline. Subsec. (a)(1). Pub. L. 108374, § 6(a)(5)(B)(i), inserted “or from an heir during probate in accordance with section 2206(p) of this title” after “owner,”. Subsec. (a)(2). Pub. L. 108374, § 6(a)(5)(B)(ii), (iii), reenacted heading without change, substituted “The Secretary shall submit” for “(B) Required report.—Prior to expiration of the authority provided for in subparagraph (A), the Secretary shall submit” and “how the fractional interest acquisition program should be enhanced to increase the resources made” for “whether the program to acquire fractional interests should be extended or altered to make resources”, and struck out heading and text of subpar. (A). Text of subpar. (A) read as follows: “The Secretary shall have the authority to acquire interests in trust or restricted lands under this section during the 3-year period beginning on the date of certification that is referred to in section 2206(g)(5) of this title.” Subsec. (b)(4). Pub. L. 108374, § 6(a)(5)(C), added par. (4) and struck out former par. (4) which read as follows: “shall minimize the administrative costs associated with the land acquisition program.” Subsec. (c)(1)(A). Pub. L. 108374, § 6(a)(5)(D)(i)(I)(III), substituted “an undivided interest” for “at least 5 percent of the undivided interest”, inserted “in such parcel” after “the Secretary shall convey an interest”, and substituted “landowner—” and cls. (i) and (ii) for “landowner upon payment by the Indian landowner of the amount paid for the interest by the Secretary.” Subsec. (c)(1)(B). Pub. L. 108374, § 6(a)(5)(D)(i)(IV), inserted “unless the interest is subject to a foreclosure of a mortgage in accordance with section 5135 of this title” before period at end. Subsec. (c)(3). Pub. L. 108374, § 6(a)(5)(D)(ii), substituted “an undivided interest” for “10 percent or more of the undivided interests”. Subsec. (d). Pub. L. 108374, § 6(a)(5)(E), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109157 effective as if included in Pub. L. 108374, see section 9 of Pub. L. 109157, set out as a note under section 5107 of this title.
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# 25 U.S.C. § 2213 - Administration of acquired fractional interests; disposition of proceeds
## Text
(a) In general Subject to the conditions described in subsection (b)(1), an Indian tribe receiving a fractional interest under section 2212 of this title may, as a tenant in common with the other owners of the trust or restricted lands, lease the interest, sell the resources, consent to the granting of rights-of-way, or engage in any other transaction affecting the trust or restricted land authorized by law.
(b) Application of revenue from acquired interests to land consolidation program (1) In general The Secretary shall have a lien on any revenue accruing to an interest described in subsection (a) until the Secretary provides for the removal of the lien under paragraph (3), (4), or (5).
(2) Requirements (A) In general Until the Secretary removes a lien from an interest in land under paragraph (1)—
(i) any lease, resource sale contract, right-of-way, or other document evidencing a transaction affecting the interest shall contain a clause providing that all revenue derived from the interest shall be paid to the Secretary; and
(ii) any revenue derived from any interest acquired by the Secretary in accordance with section 2212 of this title shall be deposited in the fund created under section 2215 of this title.
(B) Approval of transactions Notwithstanding section 5123 of this title, or any other provision of law, until the Secretary removes a lien from an interest in land under paragraph (1), the Secretary may approve a transaction covered under this section on behalf of an Indian tribe.
(3) Removal of liens after findings The Secretary may remove a lien referred to in paragraph (1) if the Secretary makes a finding that—
(A) the costs of administering the interest from which revenue accrues under the lien will equal or exceed the projected revenues for the parcel of land involved;
(B) in the discretion of the Secretary, it will take an unreasonable period of time for the parcel of land to generate revenue that equals the purchase price paid for the interest; or
(C) a subsequent decrease in the value of land or commodities associated with the parcel of land make it likely that the interest will be unable to generate revenue that equals the purchase price paid for the interest in a reasonable time.
(4) Removal of liens upon payment into the acquisition fund The Secretary shall remove a lien referred to in paragraph (1) upon payment of an amount equal to the purchase price of that interest in land into the Acquisition Fund created under section 2215 11 See References in Text note below. of this title, except where the tribe with jurisdiction over such interest in land authorizes the Secretary to continue the lien in order to generate additional acquisition funds.
(5) Other removal of liens The Secretary may, in consultation with tribal governments and other entities described in section 2212(b)(3) of this title, periodically remove liens referred to in paragraph (1) from interests in land acquired by the Secretary.
(c) Tribe not treated as party to lease; no effect on tribal sovereignty, immunity (1) In general Paragraph (2) shall apply with respect to any undivided interest in allotted land held by the Secretary in trust for a tribe if a lease or agreement under subsection (a) is otherwise applicable to such undivided interest by reason of this section even though the Indian tribe did not consent to the lease or agreement.
(2) Application of lease The lease or agreement described in paragraph (1) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the Indian tribe to payment under the lease or agreement), and the Indian tribe shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe.
(Pub. L. 97459, title II, § 214, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2000; amended Pub. L. 108374, § 6(a)(6), Oct. 27, 2004, 118 Stat. 1801.)
## Notes
Editorial Notes
References in Text Section 2215 of this title, referred to in the original in subsec. (b)(4), probably should have been “section 216”, meaning section 216 of Pub. L. 97459, which is classified to section 2215 of this title and relates to the establishment of an Acquisition Fund. Pub. L. 97459 does not contain a section 2215.
Amendments2004—Subsec. (b). Pub. L. 108374 added subsec. (b) and struck out heading and text of former subsec. (b) which related to conditions applicable to the administration by Indian tribes of acquired fractional interests in trust or restricted lands.
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# 25 U.S.C. § 2214 - Establishing fair market value
## Text
For purposes of this chapter, the Secretary may develop a system for establishing the fair market value of various types of lands and improvements. Such a system may include determinations of fair market value based on appropriate geographic units as determined by the Secretary. Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.
(Pub. L. 97459, title II, § 215, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108374, § 6(a)(7), Oct. 27, 2004, 118 Stat. 1802; Pub. L. 109157, § 6, Dec. 30, 2005, 119 Stat. 2952.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
Amendments2005—Pub. L. 109157 substituted “Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.” for “Such system may govern the amounts offered for the purchase of interests in trust or restricted lands under this chapter.” 2004—Pub. L. 108374, which directed substitution of “this Act” for “section 2212 of this title” in last sentence, was executed by substituting “this chapter” for “section 213”, meaning section 213 of Pub. L. 97459, which is classified to section 2212 of this title, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109157 effective as if included in Pub. L. 108374, see section 9 of Pub. L. 109157, set out as a note under section 5107 of this title.
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# 25 U.S.C. § 2215 - Acquisition Fund
## Text
(a) In general The Secretary shall establish an Acquisition Fund to—
(1) disburse appropriations authorized to accomplish the purposes of section 2212 of this title; and
(2) collect all revenues received from the lease, permit, or sale of resources from interests acquired under section 2212 of this title or paid by Indian landowners under section 2212 of this title.
(b) Deposits; use (1) In general All proceeds from leases, permits, or resource sales derived from an interest in trust or restricted lands described in subsection (a)(2) shall—
(A) be deposited in the Acquisition Fund;
(B) as specified in advance in appropriations Acts, be available for the purpose of acquiring additional fractional interests in trust or restricted lands; and
(C) be used to acquire undivided interests on the reservation from which the income was derived.
(2) Use of funds The Secretary may use the revenue deposited in the Acquisition Fund under paragraph (1) to acquire some or all of the undivided interests in any parcels of land in accordance with section 2204 of this title.
(Pub. L. 97459, title II, § 216, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108374, § 6(a)(8), Oct. 27, 2004, 118 Stat. 1802.)
## Notes
Editorial Notes
Amendments2004—Subsec. (a)(2). Pub. L. 108374, § 6(a)(8)(A), added par. (2) and struck out former par. (2) which read as follows: “collect all revenues received from the lease, permit, or sale of resources from interests in trust or restricted lands transferred to Indian tribes by the Secretary under section 2212 of this title or paid by Indian landowners under section 2212(c) of this title.” Subsec. (b)(1). Pub. L. 108374, § 6(a)(8)(B)(i), substituted “All” for “Subject to paragraph (2), all” in introductory provisions and added subpar. (C). Subsec. (b)(2). Pub. L. 108374, § 6(a)(8)(B)(ii), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “With respect to the deposit of proceeds derived from an interest under paragraph (1), the aggregate amount deposited under that paragraph shall not exceed the purchase price of that interest under section 2212 of this title.”
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# 25 U.S.C. § 2216 - Trust and restricted land transactions
## Text
(a) Policy It is the policy of the United States to encourage and assist the consolidation of land ownership through transactions—
(1) involving individual Indians;
(2) between Indians and the tribal government that exercises jurisdiction over the land; or
(3) between individuals who own an interest in trust and restricted land who wish to convey that interest to an Indian or the tribal government that exercises jurisdiction over the parcel of land involved;
in a manner consistent with the policy of maintaining the trust status of allotted lands. Nothing in this section shall be construed to apply to or to authorize the sale of trust or restricted lands to a person who is not an Indian.
(b) Sales, exchanges and gift deeds between Indians and between Indians and Indian tribes (1) In general (A) Estimate of value Notwithstanding any other provision of law and only after the Indian selling, exchanging, or conveying by gift deed for no or nominal consideration an interest in land, has been provided with an estimate of the value of the interest of the Indian pursuant to this section—
(i) the sale or exchange or conveyance of an interest in trust or restricted land may be made for an amount that is less than the fair market value of that interest; and
(ii) the approval of a transaction that is in compliance with this section shall not constitute a breach of trust by the Secretary.
(B) Waiver of requirement The requirement for an estimate of value under subparagraph (A) may be waived in writing by an owner of a trust or restricted interest in land either selling, exchanging, or conveying by gift deed for no or nominal consideration such interest—
(i) to an Indian person who is the owners spouse, brother, sister, lineal ancestor, lineal descendant, or collateral heir; or
(ii) to an Indian co-owner or to the tribe with jurisdiction over the subject parcel of land, where the grantor owns a fractional interest that represents 5 percent or less of the parcel.
(2) Limitation For a period of 5 years after the Secretary approves a conveyance pursuant to this subsection, the Secretary shall not approve an application to terminate the trust status or remove the restrictions of such an interest.
(c) Acquisition of interest by Secretary An Indian, or the recognized tribal government of a reservation, in possession of an interest in trust or restricted lands, at least a portion of which is in trust or restricted status on November 7, 2000, and located within a reservation, may request that the interest be taken into trust by the Secretary. Upon such a request, the Secretary shall forthwith take such interest into trust.
(d) Status of lands The sale, exchange, or conveyance by gift deed for no or nominal consideration of an interest in trust or restricted land under this section shall not affect the status of that land as trust or restricted land.
(e) Land ownership information Notwithstanding any other provision of law, the names and mailing addresses of the owners of any interest in trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual shall, upon written request, be made available to—
(1) other owners of interests in trust or restricted lands within the same reservation;
(2) the tribe that exercises jurisdiction over the land where the parcel is located or any person who is eligible for membership in that tribe; and
(3) any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate, such trust or restricted land or the interest in trust or restricted lands.
(f) Purchase of land by Indian tribe (1) In general Except as provided in paragraph (2), before the Secretary approves an application to terminate the trust status or remove the restrictions on alienation from a parcel of, or interest in, trust or restricted land, the Indian tribe with jurisdiction over the parcel shall have the opportunity—
(A) to match any offer contained in the application; or
(B) in a case in which there is no purchase price offered, to acquire the interest in the parcel by paying the fair market value of the interest.
(2) Exception for family farms (A) In general Paragraph (1) shall not apply to a parcel of, or interest in, trust or restricted land that is part of a family farm that is conveyed to a member of the family of a landowner (as defined in section 2205(c)(2)(A)(iv) of this title) if the conveyance requires that in the event that the parcel or interest is offered for sale to an entity or person that is not a member of the family of the landowner, the Indian tribe with jurisdiction over the land shall be afforded the opportunity to purchase the interest pursuant to paragraph (1).
(B) Applicability of other provision Section 2205(c)(2)(A) of this title shall apply with respect to the recording and mortgaging of any trust or restricted land referred to in subparagraph (A).
(Pub. L. 97459, title II, § 217, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108374, § 6(a)(9), Oct. 27, 2004, 118 Stat. 1803; Pub. L. 109157, § 7, Dec. 30, 2005, 119 Stat. 2952.)
## Notes
Editorial Notes
Amendments2005—Subsec. (e). Pub. L. 109157 substituted “be made available to—” for “be made available to”. 2004—Subsec. (b)(1)(B). Pub. L. 108374, § 6(a)(9)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The requirement for an estimate of value under subparagraph (A) may be waived in writing by an Indian selling, exchanging, or conveying by gift deed for no or nominal consideration an interest in land with an Indian person who is the owners spouse, brother, sister, lineal ancestor of Indian blood, lineal descendant, or collateral heir.” Subsec. (e). Pub. L. 108374, § 6(a)(9)(B), added introductory provisions and struck out former introductory provisions which read as follows: “Notwithstanding any other provision of law, the names and mailing addresses of the Indian owners of trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual, or of any interest in trust or restricted lands, shall, upon written request, be made available to—”. Subsec. (e)(1). Pub. L. 108374, § 6(a)(9)(C), struck out “Indian” before “owners”. Subsec. (e)(3). Pub. L. 108374, § 6(a)(9)(D), substituted “any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate,” for “prospective applicants for the leasing, use, or consolidation of”. Subsec. (f). Pub. L. 108374, § 6(a)(9)(E), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “After the expiration of the limitation period provided for in subsection (b)(2) of this section and prior to considering an Indian application to terminate the trust status or to remove the restrictions on alienation from trust or restricted land sold, exchanged or otherwise conveyed under this section, the Indian tribe that exercises jurisdiction over the parcel of such land shall be notified of the application and given the opportunity to match the purchase price that has been offered for the trust or restricted land involved.”
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109157 effective as if included in Pub. L. 108374, see section 9 of Pub. L. 109157, set out as a note under section 5107 of this title.
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---
# 25 U.S.C. § 2217 - Reports to Congress
## Text
(a) In general Prior to expiration of the authority provided for in section 2212(a)(2)(A) of this title, the Secretary, after consultation with Indian tribes and other interested parties, shall submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that indicates, for the period covered by the report—
(1) the number of fractional interests in trust or restricted lands acquired; and
(2) the impact of the resulting reduction in the number of such fractional interests on the financial and realty recordkeeping systems of the Bureau of Indian Affairs.
(b) Report The reports described in subsection (a) and section 2212(a) of this title shall contain findings as to whether the program under this chapter to acquire fractional interests in trust or restricted lands should be extended and whether such program should be altered to make resources available to Indian tribes and individual Indian landowners.
(Pub. L. 97459, title II, § 218, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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# 25 U.S.C. § 2218 - Approval of leases, rights-of-way, and sales of natural resources
## Text
(a) Approval by the Secretary (1) In general Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if—
(A) the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
(B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2) Rule of construction Nothing in this section shall be construed to apply to leases involving coal or uranium.
(3) Definition In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians.
(b) Applicable percentage (1) Percentage interest The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
(2) Determination of owners (A) In general For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided interest in the allotted land with respect to a lease or agreement, the Secretary shall make such determination based on the records of the Department of the Interior that identify the owners of such lands and their interests and the number of owners of such land on the date on which the lease or agreement involved is submitted to the Secretary under this section.
(B) Rule of construction Nothing in subparagraph (A) shall be construed to authorize the Secretary to treat an Indian tribe as the owner of an interest in allotted land that did not escheat to the tribe pursuant to section 2206 of this title as a result of the Supreme Courts decision in Babbitt v. Youpee (117 S 11 So in original. Probably should be followed by a period. Ct. 727 (1997)).
(c) Authority of Secretary to sign lease or agreement on behalf of certain owners The Secretary may give written consent to a lease or agreement under subsection (a)—
(1) on behalf of the individual Indian owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or
(2) on behalf of any heir or devisee referred to in paragraph (1) if the heir or devisee has been determined but cannot be located 1
(d) Effect of approval (1) Application to all parties (A) In general Subject to paragraph (2), a lease or agreement approved by the Secretary under subsection (a) shall be binding on the parties described in subparagraph (B), to the same extent as if all of the owners of the undivided interest in allotted land covered under the lease or agreement consented to the lease or agreement.
(B) Description of parties The parties referred to in subparagraph (A) are—
(i) the owners of the undivided interest in the allotted land covered under the lease or agreement referred to in such subparagraph; and
(ii) all other parties to the lease or agreement.
(2) Tribe not treated as party to lease; no effect on tribal sovereignty, immunity (A) In general Subparagraph (B) shall apply with respect to any undivided interest in allotted land held by the Secretary in trust for a tribe if a lease or agreement under subsection (a) is otherwise applicable to such undivided interest by reason of this section even though the Indian tribe did not consent to the lease or agreement.
(B) Application of lease The lease or agreement described in subparagraph (A) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the Indian tribe to payment under the lease or agreement), and the Indian tribe shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe.
(e) Distribution of proceeds (1) In general The proceeds derived from a lease or agreement that is approved by the Secretary under subsection (a) shall be distributed to all owners of undivided interest in the allotted land covered under the lease or agreement.
(2) Determination of amounts distributed The amount of the proceeds under paragraph (1) that are distributed to each owner under that paragraph shall be determined in accordance with the portion of the undivided interest in the allotted land covered under the lease or agreement that is owned by that owner.
(f) Rule of construction Nothing in this section shall be construed to amend or modify the provisions of Public Law 105188 (25 U.S.C. 396 note), the American Indian Agricultural Resources Management Act (25 U.S.C. 3701 et seq.), title II of the Indian Land Consolidation Act Amendments of 2000, or any other Act that provides specific standards for the percentage of ownership interest that must approve a lease or agreement on a specified reservation.
(g) Other laws Nothing in this chapter shall be construed to supersede, repeal, or modify any general or specific statute authorizing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land.
(Pub. L. 97459, title II, § 219, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004; amended Pub. L. 108374, § 6(a)(10), (11), Oct. 27, 2004, 118 Stat. 1804.)
## Notes
Editorial Notes
References in TextThe American Indian Agricultural Resources Management Act, referred to in subsec. (f), probably means the American Indian Agricultural Resource Management Act, Pub. L. 103177, Dec. 3, 1993, 107 Stat. 2011, as amended, which is classified generally to chapter 39 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. The Indian Land Consolidation Act Amendments of 2000, referred to in subsec. (f), is Pub. L. 106462, Nov. 7, 2000, 114 Stat. 1991. Title II of the Act enacted provisions classified as a note under section 396 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables. This chapter, referred to in subsec. (g), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
Amendments2004—Subsec. (b)(1)(A). Pub. L. 108374, § 6(a)(10), substituted “90” for “100”. Subsec. (g). Pub. L. 108374, § 6(a)(11), added subsec. (g).
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# 25 U.S.C. § 2219 - Application to Alaska
## Text
(a) Findings Congress finds that—
(1) numerous academic and governmental organizations have studied the nature and extent of fractionated ownership of Indian land outside of Alaska and have proposed solutions to this problem; and
(2) despite these studies, there has not been a comparable effort to analyze the problem, if any, of fractionated ownership in Alaska.
(b) Application of chapter to Alaska Except as provided in this section, this chapter shall not apply to land located within Alaska.
(c) Rule of construction Nothing in this section shall be construed to constitute a ratification of any determination by any agency, instrumentality, or court of the United States that may support the assertion of tribal jurisdiction over allotment lands or interests in such land in Alaska.
(Pub. L. 97459, title II, § 220, as added Pub. L. 106462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2006.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97459, to reflect the probable intent of Congress.
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# 25 U.S.C. § 2220 - Owner-managed interests
## Text
(a) Purpose The purpose of this section is to provide a means for the owner or co-owners of trust or restricted interests in a parcel of land to enter into surface leases of such parcel for certain purposes without approval of the Secretary.
(b) Mineral interests Nothing in this section shall be construed to limit or otherwise affect the application of any Federal law requiring the Secretary to approve mineral leases or other agreements for the development of the mineral interest in trust or restricted land.
(c) Owner management (1) In general Notwithstanding any provision of Federal law requiring the Secretary to approve individual Indian leases of individual Indian trust or restricted land, where the owners of all of the undivided trust or restricted interests in a parcel of land have submitted applications to the Secretary pursuant to subsection (a), and the Secretary has approved such applications under subsection (d), such owners may, without further approval by the Secretary, enter into a lease of the parcel for agricultural purposes for a term not to exceed 10 years.
(2) Rule of construction No such lease shall be effective until it has been executed by the owners of all undivided trust or restricted interests in the parcel.
(d) Approval of applications for owner management (1) In general Subject to the provisions of paragraph (2), the Secretary shall approve an application for owner management submitted by a qualified applicant pursuant to this section unless the Secretary has reason to believe that the applicant is submitting the application as the result of fraud or undue influence. No such application shall be valid or considered if it is received by the Secretary prior to the date that is 1 year after the date on which notice is published pursuant to section 8(a)(4) of the American Indian Probate Reform Act of 2004.
(2) Commencement of owner-managed status Notwithstanding the approval of 1 or more applications pursuant to paragraph (1), no trust or restricted interest in a parcel of land shall acquire owner-managed status until applications for all of the trust or restricted interests in such parcel of land have been submitted to and approved by the Secretary pursuant to this section.
(e) Validity of leases No lease of trust or restricted interests in a parcel of land that is owner-managed under this section shall be valid or enforceable against the owners of such interests, or against the land, the interest or the United States, unless such lease—
(1) is consistent with, and entered into in accordance with, the requirements of this section; or
(2) has been approved by the Secretary in accordance with other Federal laws applicable to the leasing of trust or restricted land.
(f) Lease revenues The Secretary shall not be responsible for the collection of, or accounting for, any lease revenues accruing to any interests under a lease authorized by subsection (e), so long as such interest is in owner-managed status under the provisions of this section.
(g) Jurisdiction (1) Jurisdiction unaffected by status The Indian tribe with jurisdiction over an interest in trust or restricted land that becomes owner-managed pursuant to this section shall continue to have jurisdiction over the interest to the same extent and in all respects that such tribe had prior to the interest acquiring owner-managed status.
(2) Persons using land Any person holding, leasing, or otherwise using such interest in land shall be considered to consent to the jurisdiction of the Indian tribe referred to in paragraph (1), including such tribes laws and regulations, if any, relating to the use, and any effects associated with the use, of the interest.
(h) Continuation of owner-managed status; revocation (1) In general Subject to the provisions of paragraph (2), after the applications of the owners of all of the trust or restricted interests in a parcel of land have been approved by the Secretary pursuant to subsection (d), each such interest shall continue in owner-managed status under this section notwithstanding any subsequent conveyance of the interest in trust or restricted status to another person or the subsequent descent of the interest in trust or restricted status by testate or intestate succession to 1 or more heirs.
(2) Revocation Owner-managed status of an interest may be revoked upon written request of the owners (including the parents or legal guardians of minors or incompetent owners) of all trust or restricted interests in the parcel, submitted to the Secretary in accordance with regulations adopted under subsection (l).11 See References in Text note below. The revocation shall become effective as of the date on which the last of all such requests has been delivered to the Secretary.
(3) Effect of revocation Revocation of owner-managed status under paragraph (2) shall not affect the validity of any lease made in accordance with the provisions of this section prior to the effective date of the revocation, provided that, after such revocation becomes effective, the Secretary shall be responsible for the collection of, and accounting for, all future lease revenues accruing to the trust or restricted interests in the parcel from and after such effective date.
(i) Defined terms (1) For purposes of subsection (d)(1), the term “qualified applicant” means—
(A) a person over the age of 18 who owns a trust or restricted interest in a parcel of land; and
(B) the parent or legal guardian of a minor or incompetent person who owns a trust or restricted interest in a parcel of land.
(2) For purposes of this section, the term “owner-managed status” means, with respect to a trust or restricted interest, that—
(A) the interest is a trust or restricted interest in a parcel of land for which applications covering all trust or restricted interests in such parcel have been submitted to and approved by the Secretary pursuant to subsection (d);
(B) the interest may be leased without approval of the Secretary pursuant to, and in a manner that is consistent with, the requirements of this section; and
(C) no revocation has occurred under subsection (h)(2).
(j) Secretarial approval of other transactions Except with respect to the specific lease transaction described in paragraph (1) of subsection (c), interests that acquire owner-managed status under the provisions of this section shall continue to be subject to all Federal laws requiring the Secretary to approve transactions involving trust or restricted land (including leases with terms of a duration in excess of 10 years) that would otherwise apply to such interests if the interests had not acquired owner-managed status under this section.
(k) Effect of section Subject to subsections (c), (f), and (h), nothing in this section diminishes or otherwise affects any authority or responsibility of the Secretary with respect to an interest in trust or restricted land.
(Pub. L. 97459, title II, § 221, as added Pub. L. 108374, § 5, Oct. 27, 2004, 118 Stat. 1795; amended Pub. L. 110453, title II, § 207(e), Dec. 2, 2008, 122 Stat. 5033.)
## Notes
Editorial Notes
References in TextSection 8(a)(4) of the American Indian Probate Reform Act of 2004, referred to in subsec. (d)(1), is section 8(a)(4) of Pub. L. 108374, which is set out as a note under section 2201 of this title. Subsection (l), referred to in subsec. (h)(2), probably should be a reference to section 10 of Pub. L. 108374, which is set out as a note under section 2201 of this title and relates to the adoption of regulations. This section does not contain a subsec. (l).
Amendments2008—Subsec. (a). Pub. L. 110453 inserted “owner or” before “co-owners”.
@@ -0,0 +1,35 @@
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# 25 U.S.C. § 2221 - Annual notice and filing; current whereabouts of interest owners
## Text
On at least an annual basis, the Secretary shall include along with other regular reports to owners of trust or restricted interests in land and individual Indian money account owners a change of name and address form by means of which the owner may confirm or update the owners name and address. The change of name and address form shall include a section in which the owner may confirm and update the owners name and address.
(Pub. L. 97459, title II, § 222, as added Pub. L. 108374, § 7, Oct. 27, 2004, 118 Stat. 1809.)