§ 2204. — Purchase of trust or restricted or controlled lands at no less than fair market value; requisite conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2204]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 2204. Purchase of trust or restricted or controlled lands
at no less than fair market value; requisite conditions
(a) In general
Subject to subsection (b) of this section, any Indian tribe may
purchase at no less than the fair market value part or all of the
interests in any tract of trust or restricted land within that tribe's
reservation or otherwise subject to that tribe's jurisdiction with the
consent of the owners of such interests. The tribe may purchase all of
the interests in such tract with the consent of the owners of over 50
per centum of the undivided interests in such tract. Interests owned by
an Indian tribe in a tract may be included in the computation of the
percentage of ownership of the undivided interests in that tract for
purposes of determining whether the consent requirement under the
preceding sentence has been met.
(b) Conditions applicable to purchase
Subsection (a) of this section applies on the condition that--
(1) any Indian owning any undivided interest, and in actual use
and possession of such tract for at least three years preceding the
tribal initiative, may purchase such tract by matching the tribal
offer;
(2) if at any time within five years following the date of
acquisition of such land by an individual pursuant to this section,
such property is offered for sale or a petition is filed with the
Secretary for removal of the property from trust or restricted
status, the tribe shall have 180 days from the date it is notified
of such offer or petition to acquire such property by paying to the
owner the fair market value as determined by the Secretary; and
(3) the approval of the Secretary shall be required for a land
sale initiated under this section, except that such approval shall
not be required with respect to a land sale transaction initiated by
an Indian tribe that has in effect a land consolidation plan that
has been approved by the Secretary under section 2203 of this title.
(Pub. L. 97-459, title II, Sec. 205, Jan. 12, 1983, 96 Stat. 2517; Pub.
L. 98-608, Sec. 1(2), Oct. 30, 1984, 98 Stat. 3171; Pub. L. 106-462,
title I, Sec. 103(2), Nov. 7, 2000, 114 Stat. 1993.)
Amendments
2001--Pub. L. 106-462, Sec. 103(2)(A)(iii), which directed
substitution of subsec. (b) designation and heading and ``Subsection (a)
of this section applies on the condition that--'' for ``: Provided,
That--'', was executed by making the substitution for ``Provided, That--
'' to reflect the probable intent of Congress and the amendment by Pub.
L. 106-462, Sec. 103(2)(A)(ii). See below.
Pub. L. 106-462, Sec. 103(2)(A)(i), (ii), substituted subsec. (a)
designation and heading and ``Subject to subsection (b) of this section,
any Indian'' for ``Any Indian'' and ``. Interests owned by an Indian
tribe in a tract may be included in the computation of the percentage of
ownership of the undivided interests in that tract for purposes of
determining whether the consent requirement under the preceding sentence
has been met.'' for the colon before ``Provided, That--''.
Subsec. (b)(2). Pub. L. 106-462, Sec. 103(2)(B)(ii), inserted
``and'' at end.
Pub. L. 106-462, Sec. 103(2)(B)(i), which directed substitution of
``if'' for ``If,'', was executed by making the substitution for ``if,''
to reflect the probable intent of Congress.
Subsec. (b)(3). Pub. L. 106-462, Sec. 103(2)(C), added par. (3) and
struck out former par. (3) which read as follows: ``all purchases and
sales initiated under this section shall be subject to approval by the
Secretary.''
1984--Pub. L. 98-608 amended section generally, substituting ``the
owners of such interests. The tribe may purchase all of the interests in
such tract with the consent of the owners of over 50 per centum of the
undivided interests in such tract'' for ``of over 50 per centum of the
owners or with the consent of the owners of over 50 per centum of
undivided interests in such tract'' before proviso.
Par. (1). Pub. L. 98-608 redesignated par. (2) as (1) and inserted
``for at least three years preceding the tribal initiative,'' before
``may purchase such tract''. Former par. (1), which provided that no
such tract shall be acquired by any Indian or tribe over the objections
of three or less owners owning 50 per centum or more of the total
interest in such tract, was struck out.
Par. (2). Pub. L. 98-608 added par. (2). Former par. (2)
redesignated (1).
Pars. (3), (4). Pub. L. 98-608 redesignated par. (4) as (3), and in
par. (3), as so redesignated, substituted ``subject to approval'' for
``approved'' and struck out former par. (3), which provided that ``this
section shall not apply to any tract of land owned by less than fifteen
persons; and''.
