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25 U.S.C. § 2215 — Acquisition Fund

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

25 U.S.C. § 2215 — Acquisition Fund

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim); and (2) collect all revenues received from the lease, permit, or sale of resources from interests acquired under [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim) or paid by Indian landowners under [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2204&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-25/section-2215-acquisition-fund--57451b9713.md
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Source location: Title 25, Chapter 24, § 2215; chapter-024-indian-land-consolidation.md

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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

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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

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

25 U.S.C. § 2206 — Descent and distribution

**(a) Nontestamentary disposition** (1) **Rules of descent** — Subject to any applicable Federal law relating to the devise or descent of trust or restricted property, any trust or restricted interest in land or interest in trust personalty that is not disposed of by a valid will— (A) shall descend according to an applicable tribal probate code approved in accordance with [section 2205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205&num=0&edition=prelim); or (B) in the case of a trust or restricted interest in land or interest in trust personalty to which a tribal probate code does not apply, shall descend in accordance with— (i) paragraphs (2) through (5); and (ii) other applicable Federal law. (2) **11 So in original. Another par. (2) follows par. (5). Rules governing descent of estate** (A) *Surviving spouse* — If there is a surviving spouse of the decedent, such spouse shall receive trust and restricted land and trust personalty in the estate as follows: (i) If the decedent is survived by 1 or more eligible heirs described in subparagraph (B)(i), (ii), (iii), or (iv), the surviving spouse shall receive ⅓ of the trust personalty of the decedent and a life estate without regard to waste in the interests in trust or restricted lands of the decedent. (ii) If there are no eligible heirs described in subparagraph (B)(i), (ii), (iii), or (iv), the surviving spouse shall receive all of the trust personalty of the decedent and a life estate without regard to waste in the trust or restricted lands of the decedent. (iii) The remainder shall pass as set forth in subparagraph (B). (iv) Trust personalty passing to a surviving spouse under the provisions of this subparagraph shall be maintaine

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

25 U.S.C. § 2213 — Administration of acquired fractional interests; disposition of proceeds

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212&num=0&edition=prelim) shall be deposited in the fund created under [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2215&num=0&edition=prelim). (B) *Approval of transactions* — Notwithstanding [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), or any other provision of law, u

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

25 U.S.C. § 2215 — Acquisition Fund

Page 463 TITLE 25—INDIANS § 2216 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress. AMENDMENTS 2005—Pub. L. 109–157 substituted ‘‘Such a system may govern the amounts offered for the purchase of inter- ests 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. 108–374, which directed substitution of ‘‘this Act’’ for ‘‘section 2212 of this title’’ in last sen- tence, was executed by substituting ‘‘this chapter’’ for ‘‘section 213’’, meaning section 213 of Pub. L. 97–459, 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 AMENDMENT Amendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title. § 2215. Acquisition Fund (a) In general The Secretary shall establish an Acquisition Fund to— (1) disburse appropriations authorized to ac- complish the purposes of section 2212 of this title; and (2) collect all revenues received from the lease, permit, or sale of resources from inter- ests 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 re- source 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 ad

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