Browse Arkansas Code titles and sections

25 U.S.C. § 2203 — Adoption of land consolidation plan with approval of Secretary

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2203 — Adoption of land consolidation plan with approval of Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2203

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 989351675a2d6879f5282c6fefd4b3210af19abf8953fcd7953e76b785eed416. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_037eeaa18480f4d9ab2628a2
Source file: Laws/federal/codes/united-states-code/title-25/section-2203-adoption-of-land-consolidation-plan-with-approval-of-secretary--fae3393273.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2b318e995cebde3f34effc2790bd1331a1ceaee2eeeb71ea549bc393e0b19ca3

Source location: Title 25, Chapter 24, § 2203; chapter-024-indian-land-consolidation.md

Stored source content

**(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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2205 — Tribal probate codes; acquisitions of fractional interests by tribes

**(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 tribe’s 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2205

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2204 — Purchase of trust or restricted or controlled lands at no less than fair market value; requisite conditions

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2204

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2212 — Fractional interest acquisition program

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2217&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2213&num=0&edition=prelim), 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 Court’s 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 a

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2212

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2203 — Adoption of land consolidation plan with

Page 439 TITLE 25—INDIANS § 2204 AUTHORIZATION OF APPROPRIATIONS Pub. L. 106–462, title I, § 105, Nov. 7, 2000, 114 Stat. 2007, provided that: ‘‘There are authorized to be appro- priated not to exceed $8,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out the provisions of this title [enacting sections 2205, 2206, and 2212 to 2219 of this title, amending this section and sections 348, 372, 373, 2204, 2207, and 5107 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and enact- ing provisions set out as notes under this section and section 2206 of this title] (and the amendments made by this title) that are not otherwise funded under the au- thority provided for in any other provision of Federal law.’’ § 2202. Other applicable provisions 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 su- persede any other provision of Federal law which authorizes, prohibits, or restricts the ac- quisition of land for Indians with respect to any specific tribe, reservation, or state(s). (Pub. L. 97–459, title II, § 203, Jan. 12, 1983, 96 Stat. 2517.) § 2203. Adoption of land consolidation plan with approval of Secretary (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 inter- est in lands for the purpose of eliminating undi- vided fractional interests in Indian trust or re- stricted lands or consolidating its tribal land- holdings: Pr

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2203

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.