25 U.S.C. § 2212 — Fractional interest acquisition program

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, 96 Stat. 2519.) § 2210. Tax exemption All lands or interests in land acquired by the United States for an Indian or Indian tribe under authority of this chapter shall be exempt from Federal, State and local taxation. (Pub. L. 97–459, title II, § 211, Jan. 12, 1983, 96 Stat. 2519.) § 2211. Governing body of tribe; construction of chapter as not vesting with authority not au- thorized by tribal constitution or by-laws Nothing in this chapter shall be construed as vesting the governing body of an Indian tribe with any authority which is not authorized by the constitution and by-laws or other organiza- tional document of such tribe. (Pub. L. 97–459, title II, § 212, as added Pub. L. 98–608, § 1(5), Oct. 30, 1984, 98 Stat. 3173.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress. § 2212. Fractional interest acquisition program (a) Acquisition by Secretary (1) In general The Secretary may acquire, at the discre- tion 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 inter- est in trust or restricted lands. (2) Authority of Secretary The Secretary shall submit the report re- quired under section 2217 of this title con- cerning 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, the Sec- retary shall immediately hold interests ac- quired under this chapter in trust for the rec- ognized tribal government that exercises juris- diction over the land involved. (b) Requirements In implementing subsection (a), the Sec- retary— (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, es- pecially those interests that would have escheated to a tribe but for the Supreme Court’s decision in Babbitt v. Youpee (117 S 1 Ct. 727 (1997)); (3) to the extent practicable— (A) shall consult with the tribal govern- ment that exercises jurisdiction over the land involved in determining which tracts to acquire on a reservation; (B) shall coordinate the acquisition activi- ties with the acquisition program of the tribal government that exercises jurisdic- tion over the land involved, including a trib- al land consolidation plan approved pursu- ant to section 2203 of this title; and (C) may enter into agreements (such agreements will not be subject to the provi- sions of the Indian Self-Determination and Education Assistance Act of 1974 [25 U.S.C. 5301 et seq.]) with the tribal government that exercises jurisdiction over the land in- volved 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 de- 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- graph (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. (Pub. L. 97–459, title II, § 213, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 1999; amended Pub. L. 108–374, § 6(a)(5), Oct. 27, 2004, 118 Stat. 1800; Pub. L. 109–157, § 5, Dec. 30, 2005, 119 Stat. 2952; Pub. L. 110–453, title II, § 207(d), Dec. 2, 2008, 122 Stat. 5033.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(3), 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. Section 102 of the Indian Land Consolidation Act Amendments of 2000, referred to in subsec. (b)(1), is sec- tion 102 of Pub. L. 106–462, which is set out as a note under section 2201 of this title. The Indian Self-Determination and Education Assist- ance Act of 1974, referred to in subsec. (b)(3)(C), prob- ably means the Indian Self-Determination and Edu- cation Assistance Act, Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–453 substituted ‘‘sec- tion 2206(o)’’ for ‘‘section 2206(p)’’. 2005—Pub. L. 109–157, § 5(1), amended section catchline generally making technical correction to section des- ignation. Subsec. (a)(1). Pub. L. 109–157, § 5(2), made technical amendment to reference in original act which appears in text as reference to section 2206(p) of this title. 2004—Pub. L. 108–374, § 6(a)(5)(A), substituted ‘‘Frac- tional interest acquisition program’’ for ‘‘Pilot pro- gram for the acquisition of fractional interests’’ in sec- tion catchline. Subsec. (a)(1). Pub. L. 108–374, § 6(a)(5)(B)(i), inserted ‘‘or from an heir during probate in accordance with sec- tion 2206(p) of this title’’ after ‘‘owner,’’. Subsec. (a)(2). Pub. L. 108–374, § 6(a)(5)(B)(ii), (iii), re- enacted heading without change, substituted ‘‘The Sec- retary shall submit’’ for ‘‘(B) REQUIRED REPORT.—Prior to expiration of the authority provided for in subpara- graph (A), the Secretary shall submit’’ and ‘‘how the fractional interest acquisition program should be en- hanced to increase the resources made’’ for ‘‘whether the program to acquire fractional interests should be extended or altered to make resources’’, and struck out heading and text of subpar. (A). Text of subpar. (A) read as follows: ‘‘The Secretary shall have the authority to acquire interests in trust or restricted lands under this section during the 3-year period beginning on the date of certification that is referred to in section 2206(g)(5) of this title.’’ Subsec. (b)(4). Pub. L. 108–374, § 6(a)(5)(C), added par. (4) and struck out former par. (4) which read as follows: ‘‘shall minimize the administrative costs associated with the land acquisition program.’’ Subsec. (c)(1)(A). Pub. L. 108–374, § 6(a)(5)(D)(i)(I)–(III), substituted ‘‘an undivided interest’’ for ‘‘at least 5 per- cent of the undivided interest’’, inserted ‘‘in such par- cel’’ after ‘‘the Secretary shall convey an interest’’, and substituted ‘‘landowner—’’ and cls. (i) and (ii) for ‘‘landowner upon payment by the Indian landowner of the amount paid for the interest by the Secretary.’’ Subsec. (c)(1)(B). Pub. L. 108–374, § 6(a)(5)(D)(i)(IV), in- serted ‘‘unless the interest is subject to a foreclosure of a mortgage in accordance with section 5135 of this title’’ before period at end. Subsec. (c)(3). Pub. L. 108–374, § 6(a)(5)(D)(ii), sub- stituted ‘‘an undivided interest’’ for ‘‘10 percent or more of the undivided interests’’. Subsec. (d). Pub. L. 108–374, § 6(a)(5)(E), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title. § 2213. Administration of acquired fractional in- terests; disposition of proceeds (a) In general Subject to the conditions described in sub- section (b)(1), an Indian tribe receiving a frac-