25 USC 2212 - Fractional interest acquisition program

U.S Code last checked for updates: Feb 22, 2025

§ 2212.

Fractional interest acquisition program

(a)

Acquisition by Secretary

(1)

In general

(2)

Authority of Secretary

(3)

Interests held in trust

(b)

Requirements

In implementing subsection (a), the Secretary—

(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, especially those interests that would have escheated to a tribe but for the Supreme Court’s decision in Babbitt v. Youpee (117 S 1

 So in original. Probably should be followed by a period.

Ct. 727 (1997));

(3)

to the extent practicable—

(A)

shall consult with the tribal government that exercises jurisdiction over the land involved in determining which tracts to acquire on a reservation;

(B)

shall coordinate the acquisition activities with the acquisition program of the tribal government that exercises jurisdiction over the land involved, including a tribal land consolidation plan approved pursuant to section 2203 of this title; and

(C)

may enter into agreements (such agreements will not be subject to the provisions 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 involved 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 designed to accommodate the voluntary sale of interests under this section, notwithstanding the existence of any otherwise applicable policy, 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 restricted 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 subparagraph 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

(2)

Multiple owners

(3)

Limitation

(d)

Authorization of appropriations

(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.)

cite as: 25 USC 2212