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25 U.S.C. § 2216 — Trust and restricted land transactions
Federal law — U.S. Code and appendices · legal_authorities
**(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 owner’s spouse, brother, sister, lineal ancestor, l
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Source file: Laws/federal/codes/united-states-code/title-25/section-2216-trust-and-restricted-land-transactions--79ae245108.md
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Source location: Title 25, Chapter 24, § 2216; chapter-024-indian-land-consolidation.md
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**(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 owner’s 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205/c/2/A/iv&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2205/c/2/A&num=0&edition=prelim) shall apply with respect to the recording and mortgaging of any trust or restricted land referred to in subparagraph (A).
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised, or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; [25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act ([25 U.S.C. 2201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2201&num=0&edition=prelim) et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2216
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