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25 U.S.C. § 2214 — Establishing fair market value
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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Stable record: federal_law:legal_authorities:record_usc_df90a34c7af083e299f883d4
Source file: Laws/federal/codes/united-states-code/title-25/section-2214-establishing-fair-market-value--8b2c5dba1f.md
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Source location: Title 25, Chapter 24, § 2214; chapter-024-indian-land-consolidation.md
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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) 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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5107
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Federal law — U.S. Code and appendices · legal_authorities
Page 462
TITLE 25—INDIANS
§ 2214
1 See References in Text note below.
tional interest under section 2212 of this title
may, as a tenant in common with the other own-
ers of the trust or restricted lands, lease the in-
terest, sell the resources, consent to the grant-
ing 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 inter-
ests to land consolidation program
(1) In general
The Secretary shall have a lien on any rev-
enue accruing to an interest described in sub-
section (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 evidenc-
ing 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 inter-
est acquired by the Secretary in accord-
ance with section 2212 of this title shall be
deposited in the fund created under section
2215 of this title.
(B) Approval of transactions
Notwithstanding section 5123 of this title,
or any other provision of law, until the Sec-
retary 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 find-
ing that—
(A) the costs of administering the interest
from which revenue accrues under the lien
will equal or exceed the projected revenues
for
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2214
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