25 U.S.C. § 2203 — Adoption of land consolidation plan with

Page 439 TITLE 25—INDIANS § 2204 AUTHORIZATION OF APPROPRIATIONS Pub. L. 106–462, title I, § 105, Nov. 7, 2000, 114 Stat. 2007, provided that: ‘‘There are authorized to be appro- priated not to exceed $8,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out the provisions of this title [enacting sections 2205, 2206, and 2212 to 2219 of this title, amending this section and sections 348, 372, 373, 2204, 2207, and 5107 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and enact- ing provisions set out as notes under this section and section 2206 of this title] (and the amendments made by this title) that are not otherwise funded under the au- thority provided for in any other provision of Federal law.’’ § 2202. Other applicable provisions The provisions of section 5108 of this title shall apply to all tribes notwithstanding the provisions of section 5125 of this title: Provided, That nothing in this section is intended to su- persede any other provision of Federal law which authorizes, prohibits, or restricts the ac- quisition of land for Indians with respect to any specific tribe, reservation, or state(s). (Pub. L. 97–459, title II, § 203, Jan. 12, 1983, 96 Stat. 2517.) § 2203. Adoption of land consolidation plan with approval of Secretary (a) Statement of purpose; sales or exchanges: terms and conditions Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or inter- est in lands for the purpose of eliminating undi- vided fractional interests in Indian trust or re- stricted lands or consolidating its tribal land- holdings: Provided, That— (1) except as provided by subsection (c), the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary; (2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may ac- cept or give cash in such exchange in order to equalize the values of the property exchanged; (3) any proceeds from the sale of land or in- terests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land; (4) the Secretary shall maintain a separate trust account for each tribe selling or ex- changing land pursuant to this section con- sisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this sec- tion; and (5) any tribe may retain the mineral rights to such sold or exchanged lands and the Sec- retary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands. (b) Conveyancing requirement; specific findings for nonexecution The Secretary must execute such instrument of conveyance needed to effectuate a sale or ex- change of tribal lands made pursuant to an ap- proved tribal land consolidation plan unless he makes a specific finding that such sale or ex- change is not in the best interest of the tribe or is not in compliance with the tribal land con- solidation plan. (c) Below market value conveyance of Cherokee Nation of Oklahoma homesites The Secretary may execute instruments of conveyance for less than fair market value to ef- fectuate the transfer of lands used as homesites held, on December 17, 1991, by the United States in trust for the Cherokee Nation of Oklahoma. Only the lands used as homesites, and described in the land consolidation plan of the Cherokee Nation of Oklahoma approved by the Secretary on February 6, 1987, shall be subject to this sub- section. (Pub. L. 97–459, title II, § 204, Jan. 12, 1983, 96 Stat. 2517; Pub. L. 98–608, § 1(1), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 102–238, § 3, Dec. 17, 1991, 105 Stat. 1908.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–238, § 3(1), substituted ‘‘(1) except as provided by subsection (c), the sale price’’ for ‘‘(1) the sale price’’. Subsec. (c). Pub. L. 102–238, § 3(2), added subsec. (c). 1984—Subsec. (a). Pub. L. 98–608 amended subsec. (a) generally, substituting ‘‘: Provided, That—’’ for period at end and inserting five numbered pars., thereby cor- recting errors originally contained in this section as enacted by Pub. L. 97–459, the text of which had a por- tion of section 204 appearing in section 206 (classified to section 2205 of this title) as the result of inadvertent error in the execution of committee amendments (see House Report No. 97–908, Sept. 30, 1982) to the bill. Pub. L. 97–459 enacted subsec. (a) as ending with ‘‘tribal landholdings.’’, and included portion of section 204 con- taining proviso and five numbered pars. within text of section 206. Subsec. (b). Pub. L. 98–608 included subsec. (b) within this section and substituted a period for the dash after ‘‘tribal land consolidation plan’’, thereby correcting er- rors originally contained in this section as enacted by Pub. L. 97–459, which, as the result of inadvertent error in the execution of committee amendments (see House Report No. 97–908, Sept. 30, 1982) to the bill, enacted subsec. (b) as part of section 206(b) of Pub. L. 97–459 and ended it with ‘‘tribal land consolidation plan—’’. § 2204. Purchase of trust or restricted or con- trolled lands at no less than fair market value; requisite conditions (a) Purchase of land (1) In general Subject to subsection (b), any Indian tribe may purchase, at not less than fair market value and with the consent of the owners of the interests, part or all of the interests in— (A) any tract of trust or restricted land within the boundaries of the reservation of the tribe; or (B) land that is otherwise subject to the jurisdiction of the tribe.