25 U.S.C. § 2213 — Administration of acquired fractional in-

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- 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 the parcel of land involved; (B) in the discretion of the Secretary, it will take an unreasonable period of time for the parcel of land to generate revenue that equals the purchase price paid for the inter- est; or (C) a subsequent decrease in the value of land or commodities associated with the parcel of land make it likely that the inter- est will be unable to generate revenue that equals the purchase price paid for the inter- est in a reasonable time. (4) Removal of liens upon payment into the ac- quisition fund The Secretary shall remove a lien referred to in paragraph (1) upon payment of an amount equal to the purchase price of that in- terest in land into the Acquisition Fund cre- ated under section 2215 1 of this title, except where the tribe with jurisdiction over such in- terest in land authorizes the Secretary to con- tinue the lien in order to generate additional acquisition funds. (5) Other removal of liens The Secretary may, in consultation with tribal governments and other entities de- scribed in section 2212(b)(3) of this title, peri- odically remove liens referred to in paragraph (1) from interests in land acquired by the Sec- retary. (c) Tribe not treated as party to lease; no effect on tribal sovereignty, immunity (1) In general Paragraph (2) 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 rea- son of this section even though the Indian tribe did not consent to the lease or agree- ment. (2) Application of lease The lease or agreement described in para- graph (1) shall apply to the portion of the un- divided 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 agree- ment. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe. (Pub. L. 97–459, title II, § 214, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2000; amended Pub. L. 108–374, § 6(a)(6), Oct. 27, 2004, 118 Stat. 1801.) Editorial Notes REFERENCES IN TEXT Section 2215 of this title, referred to in the original in subsec. (b)(4), probably should have been ‘‘section 216’’, meaning section 216 of Pub. L. 97–459, which is classi- fied to section 2215 of this title and relates to the estab- lishment of an Acquisition Fund. Pub. L. 97–459 does not contain a section 2215. AMENDMENTS 2004—Subsec. (b). Pub. L. 108–374 added subsec. (b) and struck out heading and text of former subsec. (b) which related to conditions applicable to the administration by Indian tribes of acquired fractional interests in trust or restricted lands. § 2214. Establishing fair market value For purposes of this chapter, the Secretary may develop a system for establishing the fair market value of various types of lands and im- provements. Such a system may include deter- minations of fair market value based on appro- priate 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. (Pub. L. 97–459, title II, § 215, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, § 6(a)(7), Oct. 27, 2004, 118 Stat. 1802; Pub. L. 109–157, § 6, Dec. 30, 2005, 119 Stat. 2952.)