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25 U.S.C. § 5107 — Transfer and exchange of restricted Indian lands and shares of Indian tribes and corporations
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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Stable record: federal_law:legal_authorities:record_usc_a401917f441cdbd41a23d439
Source file: Laws/federal/codes/united-states-code/title-25/section-5107-transfer-and-exchange-of-restricted-indian-lands-and-shares-of-indian-tr--86e02b1d48.md
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Source location: Title 25, Chapter 45, § 5107; chapter-045-protection-of-indians-and-conservation-of-resources.md
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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
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 464 was editorially reclassified as [section 5107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5107&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 464
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Federal law — U.S. Code and appendices · legal_authorities
Upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 118 Stat. 1810), the rules of intestate succession under 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 under that Act or regulations promulgated under that Act) shall apply to that land for which patents have been executed and delivered: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 348
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2204
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Tribal probate codes**
(1) **In general** — Notwithstanding any other provision of law, any Indian tribe may adopt a tribal probate code to govern descent and distribution of trust or restricted lands that are—
(A) located within that Indian tribe’s reservation; or
(B) otherwise subject to the jurisdiction of that Indian tribe.
(2) **Possible inclusions** — A tribal probate code referred to in paragraph (1) may include—
(A) rules of intestate succession; and
(B) other tribal probate code provisions that are consistent with Federal law and that promote the policies set forth in section 102 of the Indian Land Consolidation Act Amendments of 2000.
(3) **Tribal probate codes** — Except as provided in any applicable Federal law, the Secretary shall not approve a tribal probate code, or an amendment to such a code, that prohibits the devise of an interest in trust or restricted land to—
(A) an Indian lineal descendant of the original allottee; or
(B) an Indian who is not a member of the Indian tribe with jurisdiction over such an interest;
unless the code provides for—
(i) the renouncing of interests to eligible devisees in accordance with the code;
(ii) the opportunity for a devisee who is the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and
(iii) payment of fair market value in the manner prescribed under subsection (c)(2).
**(b) Secretarial approval**
(1) **In general** — Any tribal probate code enacted under subsection (a), and any amendment to such a tribal probate code, shall be subject to the approval of the Secretary.
(2) **Review and approval**
(A) *In general* — Each Indian tribe that adopts a tribal probate code under subsection (a) shall submit that code to the Secretary for
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2205
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2206
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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
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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2214
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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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