25 USC 2216 - Trust and restricted land transactions

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

§ 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

(c)

Acquisition of interest by Secretary

(d)

Status of lands

(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

(B)

Applicability of other provision

(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.)

cite as: 25 USC 2216