25 U.S.C. § 2216 — Trust and restricted land transactions

Page 463 TITLE 25—INDIANS § 2216 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. AMENDMENTS 2005—Pub. L. 109–157 substituted ‘‘Such a system may govern the amounts offered for the purchase of inter- ests in trust or restricted land under this chapter.’’ for ‘‘Such system may govern the amounts offered for the purchase of interests in trust or restricted lands under this chapter.’’ 2004—Pub. L. 108–374, which directed substitution of ‘‘this Act’’ for ‘‘section 2212 of this title’’ in last sen- tence, was executed by substituting ‘‘this chapter’’ for ‘‘section 213’’, meaning section 213 of Pub. L. 97–459, which is classified to section 2212 of this title, to reflect the probable intent of Congress. 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. § 2215. Acquisition Fund (a) In general The Secretary shall establish an Acquisition Fund to— (1) disburse appropriations authorized to ac- complish the purposes of section 2212 of this title; and (2) collect all revenues received from the lease, permit, or sale of resources from inter- ests acquired under section 2212 of this title or paid by Indian landowners under section 2212 of this title. (b) Deposits; use (1) In general All proceeds from leases, permits, or re- source 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 appropria- tions 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 depos- ited in the Acquisition Fund under paragraph (1) to acquire some or all of the undivided in- terests in any parcels of land in accordance with section 2204 of this title. (Pub. L. 97–459, title II, § 216, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(8), Oct. 27, 2004, 118 Stat. 1802.) Editorial Notes AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–374, § 6(a)(8)(A), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘collect all revenues received from the lease, per- mit, or sale of resources from interests in trust or re- stricted lands transferred to Indian tribes by the Sec- retary under section 2212 of this title or paid by Indian landowners under section 2212(c) of this title.’’ Subsec. (b)(1). Pub. L. 108–374, § 6(a)(8)(B)(i), sub- stituted ‘‘All’’ for ‘‘Subject to paragraph (2), all’’ in in- troductory provisions and added subpar. (C). Subsec. (b)(2). Pub. L. 108–374, § 6(a)(8)(B)(ii), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘With respect to the deposit of proceeds derived from an interest under paragraph (1), the aggregate amount deposited under that para- graph shall not exceed the purchase price of that inter- est under section 2212 of this title.’’ § 2216. Trust and restricted land transactions (a) Policy It is the policy of the United States to encour- age and assist the consolidation of land owner- ship through transactions— (1) involving individual Indians; (2) between Indians and the tribal govern- ment that exercises jurisdiction over the land; or (3) between individuals who own an interest in trust and restricted land who wish to con- vey 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 main- taining the trust status of allotted lands. Noth- ing 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 Indi- ans 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, ex- changing, 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 Sec- retary. (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, lin- eal descendant, or collateral heir; or (ii) to an Indian co-owner or to the tribe with jurisdiction over the subject parcel of land, where the grantor owns a fractional interest that represents 5 percent or less of the parcel. (2) Limitation For a period of 5 years after the Secretary approves a conveyance pursuant to this sub- Page 464 TITLE 25—INDIANS § 2217 section, the Secretary shall not approve an ap- plication to terminate the trust status or re- move the restrictions of such an interest. (c) Acquisition of interest by Secretary An Indian, or the recognized tribal govern- ment of a reservation, in possession of an inter- est in trust or restricted lands, at least a por- tion of which is in trust or restricted status on November 7, 2000, and located within a reserva- tion, may request that the interest be taken into trust by the Secretary. Upon such a re- quest, the Secretary shall forthwith take such interest into trust. (d) Status of lands The sale, exchange, or conveyance by gift deed for no or nominal consideration of an interest in trust or restricted land under this section shall not affect the status of that land as trust or re- stricted land. (e) Land ownership information Notwithstanding any other provision of law, the names and mailing addresses of the owners of any interest in trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual shall, upon written request, be made available to— (1) other owners of interests in trust or re- stricted lands within the same reservation; (2) the tribe that exercises jurisdiction over the land where the parcel is located or any person who is eligible for membership in that tribe; and (3) any person that is leasing, using, or con- solidating, or is applying to lease, use, or con- solidate, such trust or restricted land or the interest in trust or restricted lands. (f) Purchase of land by Indian tribe (1) In general Except as provided in paragraph (2), before the Secretary approves an application to ter- minate the trust status or remove the restric- tions on alienation from a parcel of, or inter- est in, trust or restricted land, the Indian tribe with jurisdiction over the parcel shall have the opportunity— (A) to match any offer contained in the ap- plication; or (B) in a case in which there is no purchase price offered, to acquire the interest in the parcel by paying the fair market value of the interest. (2) Exception for family farms (A) In general Paragraph (1) shall not apply to a parcel of, or interest in, trust or restricted land that is part of a family farm that is con- veyed to a member of the family of a land- owner (as defined in section 2205(c)(2)(A)(iv) of this title) if the conveyance requires that in the event that the parcel or interest is of- fered for sale to an entity or person that is not a member of the family of the land- owner, the Indian tribe with jurisdiction over the land shall be afforded the oppor- tunity to purchase the interest pursuant to paragraph (1). (B) Applicability of other provision Section 2205(c)(2)(A) of this title shall apply with respect to the recording and mortgaging of any trust or restricted land referred to in subparagraph (A). (Pub. L. 97–459, title II, § 217, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(9), Oct. 27, 2004, 118 Stat. 1803; Pub. L. 109–157, § 7, Dec. 30, 2005, 119 Stat. 2952.) Editorial Notes AMENDMENTS 2005—Subsec. (e). Pub. L. 109–157 substituted ‘‘be made available to—’’ for ‘‘be made available to’’. 2004—Subsec. (b)(1)(B). Pub. L. 108–374, § 6(a)(9)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: ‘‘The require- ment for an estimate of value under subparagraph (A) may be waived in writing by an Indian selling, exchang- ing, or conveying by gift deed for no or nominal consid- eration an interest in land with an Indian person who is the owner’s spouse, brother, sister, lineal ancestor of Indian blood, lineal descendant, or collateral heir.’’ Subsec. (e). Pub. L. 108–374, § 6(a)(9)(B), added intro- ductory provisions and struck out former introductory provisions which read as follows: ‘‘Notwithstanding any other provision of law, the names and mailing address- es of the Indian owners of trust or restricted lands, and information on the location of the parcel and the per- centage of undivided interest owned by each individual, or of any interest in trust or restricted lands, shall, upon written request, be made available to—’’. Subsec. (e)(1). Pub. L. 108–374, § 6(a)(9)(C), struck out ‘‘Indian’’ before ‘‘owners’’. Subsec. (e)(3). Pub. L. 108–374, § 6(a)(9)(D), substituted ‘‘any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate,’’ for ‘‘prospec- tive applicants for the leasing, use, or consolidation of’’. Subsec. (f). Pub. L. 108–374, § 6(a)(9)(E), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘After the expiration of the limitation period provided for in subsection (b)(2) of this section and prior to considering an Indian applica- tion to terminate the trust status or to remove the re- strictions on alienation from trust or restricted land sold, exchanged or otherwise conveyed under this sec- tion, the Indian tribe that exercises jurisdiction over the parcel of such land shall be notified of the applica- tion and given the opportunity to match the purchase price that has been offered for the trust or restricted land involved.’’ 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. § 2217. Reports to Congress (a) In general Prior to expiration of the authority provided for in section 2212(a)(2)(A) of this title, the Sec- retary, after consultation with Indian tribes and other interested parties, shall submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that indicates, for the period covered by the report— (1) the number of fractional interests in trust or restricted lands acquired; and