25 U.S.C. § 2207 — Full faith and credit to tribal actions

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-