25 USC 2203 - Adoption of land consolidation plan with approval of Secretary

U.S Code last checked for updates: Nov 22, 2024

§ 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 interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings: 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 accept 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 interests 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 exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and

(5)

any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary 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

(c)

Below market value conveyance of Cherokee Nation of Oklahoma homesites

(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.)

cite as: 25 USC 2203