§ 2213. — Administration of acquired fractional interests; disposition of proceeds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2213]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 2213. Administration of acquired fractional interests;
disposition of proceeds
(a) In general
Subject to the conditions described in subsection (b)(1) of this
section, an Indian tribe receiving a fractional interest under section
2212 of this title may, as a tenant in common with the other owners of
the trust or restricted lands, lease the interest, sell the resources,
consent to the granting of rights-of-way, or engage in any other
transaction affecting the trust or restricted land authorized by law.
(b) Conditions
(1) In general
The conditions described in this paragraph are as follows:
(A) Until the purchase price paid by the Secretary for an
interest referred to in subsection (a) of this section has been
recovered, or until the Secretary makes any of the findings
under paragraph (2)(A), any lease, resource sale contract,
right-of-way, or other document evidencing a transaction
affecting the interest shall contain a clause providing that all
revenue derived from the interest shall be paid to the
Secretary.
(B) Subject to subparagraph (C), the Secretary shall deposit
any revenue derived under subparagraph (A) into the Acquisition
Fund created under section 2215 of this title.
(C) The Secretary shall deposit any revenue that is paid
under subparagraph (A) that is in excess of the purchase price
of the fractional interest involved to the credit of the Indian
tribe that receives the fractional interest under section 2212
of this title and the tribe shall have access to such funds in
the same manner as other funds paid to the Secretary for the use
of lands held in trust for the tribe.
(D) Notwithstanding any other provision of law, including
section 476 of this title, with respect to any interest acquired
by the Secretary under section 2212 of this title, the Secretary
may approve a transaction covered under this section on behalf
of a tribe until--
(i) the Secretary makes any of the findings under
paragraph (2)(A); or
(ii) an amount equal to the purchase price of that
interest has been paid into the Acquisition Fund created
under section 2215 of this title.
(2) Exception
Paragraph (1)(A) shall not apply to any revenue derived from an
interest in a parcel of land acquired by the Secretary under section
2212 of this title after--
(A) the Secretary makes a finding that--
(i) the costs of administering the interest will equal
or exceed the projected revenues for the parcel involved;
(ii) in the discretion of the Secretary, it will take an
unreasonable period of time for the parcel to generate
revenue that equals the purchase price paid for the
interest; or
(iii) a subsequent decrease in the value of land or
commodities associated with the land make it likely that the
interest will be unable to generate revenue that equals the
purchase price paid for the interest in a reasonable time;
or
(B) an amount equal to the purchase price of that interest
in land has been paid into the Acquisition Fund created under
section 2215 of this title.
(c) Tribe not treated as party to lease; no effect on tribal
sovereignty, immunity
(1) In general
Paragraph (2) shall apply with respect to any undivided interest
in allotted land held by the Secretary in trust for a tribe if a
lease or agreement under subsection (a) of this section is otherwise
applicable to such undivided interest by reason of this section even
though the Indian tribe did not consent to the lease or agreement.
(2) Application of lease
The lease or agreement described in paragraph (1) shall apply to
the portion of the undivided interest in allotted land described in
such paragraph (including entitlement of the Indian tribe to payment
under the lease or agreement), and the Indian tribe shall not be
treated as being a party to the lease or agreement. Nothing in this
section (or in the lease or agreement) shall be construed to affect
the sovereignty of the Indian tribe.
(Pub. L. 97-459, title II, Sec. 214, as added Pub. L. 106-462, title I,
Sec. 103(6), Nov. 7, 2000, 114 Stat. 2000.)
Section Referred to in Other Sections
This section is referred to in section 2212 of this title.
