25 U.s.c. 2216

Page 429

TITLE 25—INDIANS

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.)
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 interests 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 sentence, 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.
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 accomplish the purposes of section 2212 of this
title; and
(2) collect all revenues received from the
lease, permit, or sale of resources from interests 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 resource 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 appropriations 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 deposited in the Acquisition Fund under paragraph
(1) to acquire some or all of the undivided interests 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.)
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 follows: ‘‘collect all revenues received from the lease, permit, or sale of resources from interests in trust or re-

§ 2216

stricted lands transferred to Indian tribes by the Secretary 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), substituted ‘‘All’’ for ‘‘Subject to paragraph (2), all’’ in introductory 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 paragraph shall not exceed the purchase price of that interest under section 2212 of this title.’’

§ 2216. Trust and restricted land transactions
(a) Policy
It is the policy of the United States to encourage and assist the consolidation of land ownership through transactions—
(1) involving individual Indians;
(2) between Indians and the tribal government that exercises jurisdiction over the land;
or
(3) between individuals who own an interest
in trust and restricted land who wish to convey 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 maintaining the trust status of allotted lands. Nothing 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 Indians 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, exchanging, 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 Secretary.
(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, lineal 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-

§ 2217

TITLE 25—INDIANS

section, the Secretary shall not approve an application to terminate the trust status or remove the restrictions of such an interest.
(c) Acquisition of interest by Secretary
An Indian, or the recognized tribal government of a reservation, in possession of an interest in trust or restricted lands, at least a portion of which is in trust or restricted status on
November 7, 2000, and located within a reservation, may request that the interest be taken
into trust by the Secretary. Upon such a request, 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 restricted 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 restricted 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 consolidating, or is applying to lease, use, or consolidate, 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 terminate the trust status or remove the restrictions on alienation from a parcel of, or interest 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 application; 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 conveyed to a member of the family of a landowner (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 offered for sale to an entity or person that is
not a member of the family of the landowner, the Indian tribe with jurisdiction
over the land shall be afforded the opportunity to purchase the interest pursuant to
paragraph (1).

Page 430

(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.)
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 requirement for an estimate of value under subparagraph (A)
may be waived in writing by an Indian selling, exchanging, or conveying by gift deed for no or nominal consideration 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 introductory provisions and struck out former introductory
provisions which read as follows: ‘‘Notwithstanding any
other provision of law, the names and mailing addresses of the Indian owners of trust or restricted lands, and
information on the location of the parcel and the percentage 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 ‘‘prospective 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 application to terminate the trust status or to remove the restrictions on alienation from trust or restricted land
sold, exchanged or otherwise conveyed under this section, the Indian tribe that exercises jurisdiction over
the parcel of such land shall be notified of the application and given the opportunity to match the purchase
price that has been offered for the trust or restricted
land involved.’’
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 Secretary, 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
(2) the impact of the resulting reduction in
the number of such fractional interests on the
financial and realty recordkeeping systems of
the Bureau of Indian Affairs.