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

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

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

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Stable record: federal_law:legal_authorities:record_usc_79ba2d82b266381915b0fd28
Source file: Laws/federal/codes/united-states-code/title-25/section-2213-administration-of-acquired-fractional-interests-disposition-of-proceeds--b510362c0b.md
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Source location: Title 25, Chapter 24, § 2213; chapter-024-indian-land-consolidation.md

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**(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, until the Secretary removes a lien from an interest in land under paragraph (1), the Secretary may approve a transaction covered under this section on behalf of an Indian tribe. (3) **Removal of liens after findings** — The Secretary may remove a lien referred to in paragraph (1) if the Secretary makes a finding that— (A) the costs of administering the interest from which revenue accrues under the lien will equal or exceed the projected revenues for the parcel of land involved; (B) in the discretion of the Secretary, it will take an unreasonable period of time for the parcel of land to generate revenue that equals the purchase price paid for the interest; or (C) a subsequent decrease in the value of land or commodities associated with the parcel of land make it likely that the interest will be unable to generate revenue that equals the purchase price paid for the interest in a reasonable time. (4) **Removal of liens upon payment into the acquisition fund** — The Secretary shall remove a lien referred to in paragraph (1) upon payment of an amount equal to the purchase price of that interest in land into the Acquisition Fund created under section 2215 11 See References in Text note below. of this title, except where the tribe with jurisdiction over such interest in land authorizes the Secretary to continue the lien in order to generate additional acquisition funds. (5) **Other removal of liens** — The Secretary may, in consultation with tribal governments and other entities described in [section 2212(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2212/b/3&num=0&edition=prelim), periodically remove liens referred to in paragraph (1) from interests in land acquired by the Secretary. **(c) Tribe not treated as party to lease; no effect on tribal sovereignty, immunity** (1) **In general** — Paragraph (2) shall apply with respect to any undivided interest in allotted land held by the Secretary in trust for a tribe if a lease or agreement under subsection (a) is otherwise applicable to such undivided interest by reason of this section even though the Indian tribe did not consent to the lease or agreement. (2) **Application of lease** — The lease or agreement described in paragraph (1) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the Indian tribe to payment under the lease or agreement), and the Indian tribe shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe.

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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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2215

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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

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

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

25 U.S.C. § 5123 — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when— (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and (2) approved by the Secretary pursuant to subsection (d) of this section. **(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws. **(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings** (1) The Secretary shall call and hold an election as required by subsection (a) of this section— (A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or (B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. (2) During the time periods established by paragraph (1), the Secretary shall— (A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and (B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws. (3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5123

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

25 U.S.C. § 2213 — Administration of acquired fractional in-

Page 461 TITLE 25—INDIANS § 2213 signed to accommodate the voluntary sale of interests under this section, notwithstanding the existence of any otherwise applicable pol- icy, 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 re- stricted 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 sub- paragraph 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 inter- est unless the interest is subject to a fore- closure of a mortgage in accordance with section 5135 of this title. (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 undi- vided interest in the parcel of trust or re- stricted land involved. (3) Limitation If an Indian tribe that has jurisdiction over a parcel of trust or restricted land owns an un- divided interest in a parcel of such land, such interest may only be acquired under para- g

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2213

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