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25 U.S.C. § 2218 — Approval of leases, rights-of-way, and sales of natural resources
Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval by the Secretary**
(1) **In general** — Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if—
(A) the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
(B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2) **Rule of construction** — Nothing in this section shall be construed to apply to leases involving coal or uranium.
(3) **Definition** — In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians.
**(b) Applicable percentage**
(1) **Percentage interest** — The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
(2) **Determination of owners**
(A) *In general* — For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided
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Source location: Title 25, Chapter 24, § 2218; chapter-024-indian-land-consolidation.md
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**(a) Approval by the Secretary**
(1) **In general** — Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if—
(A) the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
(B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2) **Rule of construction** — Nothing in this section shall be construed to apply to leases involving coal or uranium.
(3) **Definition** — In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians.
**(b) Applicable percentage**
(1) **Percentage interest** — The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
(2) **Determination of owners**
(A) *In general* — For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided interest in the allotted land with respect to a lease or agreement, the Secretary shall make such determination based on the records of the Department of the Interior that identify the owners of such lands and their interests and the number of owners of such land on the date on which the lease or agreement involved is submitted to the Secretary under this section.
(B) *Rule of construction* — Nothing in subparagraph (A) shall be construed to authorize the Secretary to treat an Indian tribe as the owner of an interest in allotted land that did not escheat to the tribe pursuant to [section 2206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2206&num=0&edition=prelim) as a result of 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)).
**(c) Authority of Secretary to sign lease or agreement on behalf of certain owners** The Secretary may give written consent to a lease or agreement under subsection (a)—
(1) on behalf of the individual Indian owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or
(2) on behalf of any heir or devisee referred to in paragraph (1) if the heir or devisee has been determined but cannot be located 1
**(d) Effect of approval**
(1) **Application to all parties**
(A) *In general* — Subject to paragraph (2), a lease or agreement approved by the Secretary under subsection (a) shall be binding on the parties described in subparagraph (B), to the same extent as if all of the owners of the undivided interest in allotted land covered under the lease or agreement consented to the lease or agreement.
(B) *Description of parties* — The parties referred to in subparagraph (A) are—
(i) the owners of the undivided interest in the allotted land covered under the lease or agreement referred to in such subparagraph; and
(ii) all other parties to the lease or agreement.
(2) **Tribe not treated as party to lease; no effect on tribal sovereignty, immunity**
(A) *In general* — Subparagraph (B) 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.
(B) *Application of lease* — The lease or agreement described in subparagraph (A) 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.
**(e) Distribution of proceeds**
(1) **In general** — The proceeds derived from a lease or agreement that is approved by the Secretary under subsection (a) shall be distributed to all owners of undivided interest in the allotted land covered under the lease or agreement.
(2) **Determination of amounts distributed** — The amount of the proceeds under paragraph (1) that are distributed to each owner under that paragraph shall be determined in accordance with the portion of the undivided interest in the allotted land covered under the lease or agreement that is owned by that owner.
**(f) Rule of construction** Nothing in this section shall be construed to amend or modify the provisions of Public Law 105–188 ([25 U.S.C. 396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section396&num=0&edition=prelim) note), the American Indian Agricultural Resources Management Act ([25 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3701&num=0&edition=prelim) et seq.), title II of the Indian Land Consolidation Act Amendments of 2000, or any other Act that provides specific standards for the percentage of ownership interest that must approve a lease or agreement on a specified reservation.
**(g) Other laws** Nothing in this chapter shall be construed to supersede, repeal, or modify any general or specific statute authorizing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land.
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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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclaimer** Nothing in this chapter shall be construed to supersede or limit the authority of Federal, State or local agencies otherwise authorized by law to provide services to Indians.
**(b) Duplication of services** The Secretary shall work with all appropriate Federal departments and agencies to avoid duplication of programs and services currently available to Indian tribes and landowners from other sources.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
Page 465
TITLE 25—INDIANS
§ 2218
1 So in original. Probably should be followed by a period.
(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 shall contain findings
as to whether the program under this chapter to
acquire fractional interests in trust or re-
stricted lands should be extended and whether
such program should be altered to make re-
sources available to Indian tribes and individual
Indian landowners.
(Pub. L. 97–459, title II, § 218, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat.
2004.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, which was translated as reading
‘‘this title’’, meaning title II of Pub. L. 97–459, to re-
flect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hun-
dred Tenth Congress, Jan. 5, 2007.
§ 2218. Approval of leases, rights-of-way, and
sales of natural resources
(a) Approval by the Secretary
(1) In general
Notwithstanding any other provision of law,
the Secretary may approve any lease or agree-
ment that affects individually owned allotted
land or any other land held in trust or re-
stricted status by the Secretary on behalf of
an Indian, if—
(A) the owners of not less than the applica-
ble percentage (determined under subsection
(b)) of the undivided interest in the allotted
land that is covered by the lease or agree-
ment conse
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2218
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 604
TITLE 25—INDIANS
§ 3701
Sec.
3712.
Indian participation in land management ac-
tivities.
3713.
Indian agricultural lands trespass.
3714.
Assessment of Indian agricultural manage-
ment programs.
3715.
Leasing of Indian agricultural lands.
SUBCHAPTER II—EDUCATION IN AGRICULTURE
MANAGEMENT
3731.
Indian and Alaska Native agriculture man-
agement education assistance programs.
3732.
Postgraduation recruitment, education and
training programs.
3733.
Cooperative agreement between Department
of the Interior and Indian tribes.
3734.
Obligated service; breach of contract.
SUBCHAPTER III—GENERAL PROVISIONS
3741.
Regulations.
3742.
Trust responsibility.
3743.
Severability.
3744.
Federal, State and local authority.
3745.
Authorization of appropriations.
3746.
Tribal immunity.
§ 3701. Findings
The Congress finds and declares that—
(1) the United States and Indian tribes have
a government to government relationship;
(2) the United States has a trust responsi-
bility to protect, conserve, utilize, and man-
age Indian agricultural lands consistent with
its fiduciary obligation and its unique rela-
tionship with Indian tribes;
(3) Indian agricultural lands are renewable
and manageable natural resources which are
vital to the economic, social, and cultural wel-
fare of many Indian tribes and their members;
and
(4) development and management of Indian
agricultural lands in accordance with inte-
grated resource management plans will ensure
proper management of Indian agricultural
lands and will produce increased economic re-
turns, enhance Indian self-determination, pro-
mote employment opportunities, and improve
the social and economic well-being of Indian
and surrounding communities.
(Pub. L. 103–177, § 2, Dec. 3, 1993, 107 Stat. 2
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 3701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 117
TITLE 25—INDIANS
§ 396b
§ 394. Leases of arid allotted lands
Whenever it shall appear to the satisfaction of
the Secretary of the Interior that the allotted
lands of any Indian are arid but susceptible of
irrigation and that the allottee, by reason of old
age or other disability, cannot personally oc-
cupy or improve his allotment or any portion
thereof, such lands, or such portion thereof, may
be leased for a period not exceeding ten years,
under such terms, rules, and regulations as may
be prescribed by the Secretary of the Interior.
(May 18, 1916, ch. 125, § 1, 39 Stat. 128.)
§ 395. Leases of allotted lands where allottee is
incapacitated
Whenever it shall be made to appear to the
Secretary of the Interior that, by reason of age,
disability, or inability, any allottee of Indian
lands cannot personally, and with benefit to
himself, occupy or improve his allotment or any
part thereof, the same may be leased upon such
terms, regulations, and conditions as shall be
prescribed by the Secretary for a term not ex-
ceeding five years, for farming purposes only.
(May 31, 1900, ch. 598, 31 Stat. 229.)
Editorial Notes
CODIFICATION
Act May 31, 1900, is applicable to ‘‘any allottee of In-
dian lands’’ and authorizes leases ‘‘for a term not ex-
ceeding five years, for farming purposes only’’ and su-
persedes the following prior provisions:
Act June 7, 1897, ch. 3, 30 Stat. 85.
Act June 10, 1896, ch. 398, 29 Stat. 340.
Act Mar. 2, 1895, ch. 188, 28 Stat. 900.
Act Aug. 15, 1894, ch. 290, 28 Stat. 305.
Statutory Notes and Related Subsidiaries
OTHER LEASING PROVISIONS
Special provisions for leasing allotted lands on cer-
tain reservations named in Utah and in Wyoming, for
cultivation under irrigation, were made by act Apr. 30,
1908, ch. 153, 35
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 396
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 396. This identifies an authority to review, not proof of applicability.