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40 U.S.C. § 523 — Excess real property located on Indian reservations

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

40 U.S.C. § 523 — Excess real property located on Indian reservations

**(a) Procedures for Transfer.—** The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs. **(b) Property Held in Trust.—** (1) **In general.—** — Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located. (2) **Special requirement for oklahoma.—** — The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property— (A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or (B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

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Stable record: federal_law:legal_authorities:record_usc_04fa23e2acc9de5afac07443
Source file: Laws/federal/codes/united-states-code/title-40/section-523-excess-real-property-located-on-indian-reservations--a8579e39d3.md
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Source location: Title 40, Chapter 5, § 523; chapter-005-property-management.md

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**(a) Procedures for Transfer.—** The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs. **(b) Property Held in Trust.—** (1) **In general.—** — Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located. (2) **Special requirement for oklahoma.—** — The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property— (A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or (B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

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

25 U.S.C. § 1813 — Report on facilities

**(a) Study on condition of currently existing facilities; submission of report; contents** The Secretary shall provide for the conduct of a study of facilities available for use by tribally controlled colleges or universities. Such study shall consider the condition of currently existing Bureau of Indian Affairs facilities which are vacant or underutilized and shall consider available alternatives for renovation, alteration, repair, and reconstruction of such facilities (including renovation, alteration, repair, and reconstruction necessary to bring such facilities into compliance with local building codes). Such study shall also identify the need for new construction. A report on the results of such study shall be submitted to the Congress not later than eighteen months after September 30, 1986. Such report shall also include an identification of property— (1) on which structurally sound buildings suitable for use as educational facilities are located, and (2) which is available for use by tribally controlled colleges or universities under [section 523 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section523&num=0&edition=prelim) and under the Act of August 6, 1956 (70 Stat. 1057; [25 U.S.C. 443a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section443a&num=0&edition=prelim)).11 See References in Text note below. **(b) Renovation program** The Secretary, in consultation with the Bureau of Indian Affairs, shall initiate a program to conduct necessary renovations, alterations, repairs, and reconstruction identified pursuant to subsection (a) of this section. **(c) Determination and prioritization of construction and renovation needs** (1) The Secretary shall enter into a contract with an organization descr

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

40 U.S.C. § 521 — Policies and methods

Subject to [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section523&num=0&edition=prelim), in order to minimize expenditures for property, the Administrator of General Services shall— (1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and (2) provide for the transfer of excess property— (A) among federal agencies; and (B) to the organizations specified in [section 321(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section321/c/2&num=0&edition=prelim).

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

40 U.S.C. § 523 — Excess real property located on Indian res-

Page 40 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 522 the custody, accountability and control of such property until final disposition. ‘‘(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Nat- ural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. ‘‘(E) Absent an agreement on the future owner- ship and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; ‘‘(3) to real property described in the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116) which shall be disposed of in accordance with such Act; ‘‘(4) to real property on Guam that is declared ex- cess as a result of a base closure law; or ‘‘(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transfer- ring the facility to a Federal agency that has occu- pied the facility for a minimum of 2 years when the facility is declared excess together with the min- imum land or interest therein necessary to support the facility. ‘‘(e) DUAL CLASSIFICATION PROPERTY.—If a parcel of real property on Guam that is declared excess as a re- sult of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. ‘‘(f) AUTHORITY TO ISSUE REGULAT

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 523

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