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25 U.S.C. § 2212 — Fractional interest acquisition program
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_61249cdd3d82546fed01392d
Source file: Laws/federal/codes/united-states-code/title-25/section-2212-fractional-interest-acquisition-program--48be170a34.md
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Source location: Title 25, Chapter 24, § 2212; chapter-024-indian-land-consolidation.md
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**(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 acquisition activities with the acquisition program of the tribal government that exercises jurisdiction over the land involved, including a tribal land consolidation plan approved pursuant to [section 2203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2203&num=0&edition=prelim); and
(C) may enter into agreements (such agreements will not be subject to the provisions of the Indian Self-Determination and Education Assistance Act of 1974 [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]) with the tribal government that exercises jurisdiction over the land involved or a subordinate entity of the tribal government to carry out some or all of the Secretary’s land acquisition program; and
(4) shall minimize the administrative costs associated with the land acquisition program through the use of policies and procedures designed to accommodate the voluntary sale of interests under this section, notwithstanding the existence of any otherwise applicable policy, procedure, or regulation, through the elimination of duplicate—
(A) conveyance documents;
(B) administrative proceedings; and
(C) transactions.
**(c) Sale of interest to Indian landowners**
(1) **Conveyance at request**
(A) *In general* — At the request of any Indian who owns an undivided interest in a parcel of trust or restricted land, the Secretary shall convey an interest in such parcel acquired under this section to the Indian landowner—
(i) on payment by the Indian landowner of the amount paid for the interest by the Secretary; or
(ii) if—
(I) the Indian referred to in this subparagraph provides assurances that the purchase price will be paid by pledging revenue from any source, including trust resources; and
(II) the Secretary determines that the purchase price will be paid in a timely and efficient manner.
(B) *Limitation* — With respect to a conveyance under this subsection, the Secretary shall not approve an application to terminate the trust status or remove the restrictions of such an interest unless the interest is subject to a foreclosure of a mortgage in accordance with [section 5135 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5135&num=0&edition=prelim).
(2) **Multiple owners** — If more than one Indian owner requests an interest under paragraph (1), the Secretary shall convey the interest to the Indian owner who owns the largest percentage of the undivided interest in the parcel of trust or restricted land involved.
(3) **Limitation** — If an Indian tribe that has jurisdiction over a parcel of trust or restricted land owns an undivided interest in a parcel of such land, such interest may only be acquired under paragraph (1) with the consent of such Indian tribe.
**(d) Authorization of appropriations** There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2005, $95,000,000 for fiscal year 2006, and $145,000,000 for each of fiscal years 2007 through 2010.
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Federal law — U.S. Code and appendices · legal_authorities
**(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*
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) “Indian tribe” or “tribe” means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;
(2) “Indian” means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest in land;
(B) any person meeting the definition of Indian under the Indian Reorganization Act ([25 U.S.C. 479](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479&num=0&edition=prelim)) 11 See References in Text note below. and the regulations promulgated thereunder; and
(C) with respect to the inheritance and ownership of trust or restricted land in the State of California pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim), any person described in subparagraph (A) or (B) or any person who owns a trust or restricted interest in a parcel of such land in that State.22 So in original. The period probably should be a semicolon.
(3) “Secretary” means the Secretary of the Interior;
(4)
(i) “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation; and (ii) “trust or restricted interest in land” or “trust or restricted interest in a parcel of land” means an interest in land, the title to which interest is held in trust by the United States for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed.
**(b)** In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
**(a) In general** Prior to expiration of the authority provided for in [section 2212(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212/a/2/A&num=0&edition=prelim), the Secretary, after consultation with Indian tribes and other interested parties, shall submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that indicates, for the period covered by the report—
(1) the number of fractional interests in trust or restricted lands acquired; and
(2) the impact of the resulting reduction in the number of such fractional interests on the financial and realty recordkeeping systems of the Bureau of Indian Affairs.
**(b) Report** The reports described in subsection (a) and [section 2212(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212/a&num=0&edition=prelim) shall contain findings as to whether the program under this chapter to acquire fractional interests in trust or restricted lands should be extended and whether such program should be altered to make resources available to Indian tribes and individual Indian landowners.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the Secretary may develop a system for establishing the fair market value of various types of lands and improvements. Such a system may include determinations of fair market value based on appropriate geographic units as determined by the Secretary. Such a system may govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 460
TITLE 25—INDIANS
§ 2207
1 So in original. Probably should be followed by a period.
§ 2207. Full faith and credit to tribal actions
under tribal ordinances limiting descent and
distribution of trust or restricted or con-
trolled lands
The Secretary in carrying out his responsi-
bility to regulate the descent and distribution of
trust lands under section 372 of this title, and
other laws, shall give full faith and credit to any
tribal actions taken pursuant to subsections (a)
and (b) of section 2205 of this title, which provi-
sion shall apply only to estates of decedent’s
whose deaths occur on or after the effective date
of tribal ordinances adopted pursuant to this
chapter.
(Pub. L. 97–459, title II, § 208, Jan. 12, 1983, 96
Stat. 2519; Pub. L. 106–462, title I, § 103(5), Nov. 7,
2000, 114 Stat. 1999.)
Editorial Notes
AMENDMENTS
2000—Pub. L. 106–462 substituted ‘‘subsections (a) and
(b) of section 2205’’ for ‘‘section 2205’’.
§ 2208. Conveyancing authority upon sale or ex-
change of tribal lands; removal of trust sta-
tus of individually owned lands
The Secretary shall have the authority to
issue deeds, patents, or such other instruments
of conveyance needed to effectuate a sale or ex-
change of tribal lands made pursuant to the
terms of this chapter and to remove, at the re-
quest of an Indian owner, the trust status of in-
dividually held lands or interests therein, where
authorized by law.
(Pub. L. 97–459, title II, § 209, Jan. 12, 1983, 96
Stat. 2519.)
§ 2209. Trusteeship title of United States for any
Indian or Indian tribe
Title to any land acquired under this chapter
by any Indian or Indian tribe shall be taken in
trust by the United States for that Indian or In-
dian tribe.
(Pub. L. 97–459, title II, § 210, Jan. 12, 1983,
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2212
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