§ 2212. — Pilot program for the acquisition of fractional interests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2212]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 2212. Pilot program for the acquisition of fractional
interests
(a) Acquisition by Secretary
(1) In general
The Secretary may acquire, at the discretion of the Secretary
and with the consent of the owner, and at fair market value, any
fractional interest in trust or restricted lands.
(2) Authority of Secretary
(A) In general
The Secretary shall have the authority to acquire interests
in trust or restricted lands under this section during the 3-
year period beginning on the date of certification that is
referred to in section 2206(g)(5) of this title.
(B) Required report
Prior to expiration of the authority provided for in
subparagraph (A), the Secretary shall submit the report required
under section 2217 of this title concerning whether the program
to acquire fractional interests should be extended or altered to
make resources available to Indian tribes and individual Indian
landowners.
(3) Interests held in trust
Subject to section 2213 of this title, the Secretary shall
immediately hold interests acquired under this chapter in trust for
the recognized tribal government that exercises jurisdiction over
the land involved.
(b) Requirements
In implementing subsection (a) of this section, 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\ Ct. 727 (1997));
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\1\ So in original. Probably should be followed by a period.
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(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. 450 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.
(c) Sale of interest to Indian landowners
(1) Conveyance at request
(A) In general
At the request of any Indian who owns at least 5 percent of
the undivided interest in a parcel of trust or restricted land,
the Secretary shall convey an interest acquired under this
section to the Indian landowner upon payment by the Indian
landowner of the amount paid for the interest by the Secretary.
(B) Limitation
With respect to a conveyance under this subsection, the
Secretary shall not approve an application to terminate the
trust status or remove the restrictions of such an interest.
(2) Multiple owners
If more than one Indian owner requests an interest under
paragraph (1), the Secretary shall convey the interest to the Indian
owner who owns the largest percentage of the undivided interest in
the parcel of trust or restricted land involved.
(3) Limitation
If an Indian tribe that has jurisdiction over a parcel of trust
or restricted land owns 10 percent or more of the undivided
interests in a parcel of such land, such interest may only be
acquired under paragraph (1) with the consent of such Indian tribe.
(Pub. L. 97-459, title II, Sec. 213, as added Pub. L. 106-462, title I,
Sec. 103(6), Nov. 7, 2000, 114 Stat. 1999.)
References in Text
This chapter, referred to in subsec. (a)(3), 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.
Section 102 of the Indian Land Consolidation Act Amendments of 2000,
referred to in subsec. (b)(1), is section 102 of Pub. L. 106-462, which
is set out as a note under section 2201 of this title.
The Indian Self-Determination and Education Assistance Act of 1974,
referred to in subsec. (b)(3)(C), probably means the Indian Self-
Determination and Education Assistance Act, Pub. L. 93-638, Jan. 4,
1975, 88 Stat. 2203, as amended, which is classified principally to
subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 450 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2213, 2214, 2215, 2217 of
this title.
