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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 167 Trust status of lease payments us united_states_code code_section 25 INDIANS 4 PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS 167 25 U.S.C. § 167 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s167 data/legal/raw/us/code/title-25/usc25.xml b5394c650fe4d6010664e467d928e57d28fdd375549cfc6dcea2e974a19f3b0f d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 c4b65241a7bcec0d8afbc052d5b8bc5c3cf3ef3a6cab749cbcf4c03c475feb4e 2026-07-04 official
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25 U.S.C. § 167 - Trust status of lease payments

Text

(a) Definition of Secretary In this section, the term “Secretary” means the Secretary of the Interior.

(b) Treatment of lease payments (1) In general Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.

(2) Restriction If the advance payment, bid deposit, or other earnest money received by the Secretary results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system.

(c) Use of funds (1) In general On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1), the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be disbursed to the Indian tribe or individual Indian landowners.

(2) Administration If a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1) is not approved by the Secretary, the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue.

(d) Applicability This section shall apply to any advance payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian on or after December 18, 2018.

(Pub. L. 115325, title II, § 207, Dec. 18, 2018, 132 Stat. 4464.)