§ 2216. — Trust and restricted land transactions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2216]
TITLE 25--INDIANS
CHAPTER 24--INDIAN LAND CONSOLIDATION
Sec. 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 Indian selling, exchanging,
or conveying by gift deed for no or nominal consideration an
interest in land with an Indian person who is the owner's
spouse, brother, sister, lineal ancestor of Indian blood, lineal
descendant, or collateral heir.
(2) Limitation
For a period of 5 years after the Secretary approves a
conveyance pursuant to this subsection, the Secretary shall not
approve an application to terminate the trust status or remove the
restrictions of such an interest.
(c) Acquisition of interest by Secretary
An Indian, or the recognized tribal government of a reservation, in
possession of an interest in trust or restricted lands, at least a
portion of which is in trust or restricted status on November 7, 2000,
and located within a reservation, may request that the interest be taken
into trust by the Secretary. Upon such a request, the Secretary shall
forthwith take such interest into trust.
(d) Status of lands
The sale, exchange, or conveyance by gift deed for no or nominal
consideration of an interest in trust or restricted land under this
section shall not affect the status of that land as trust or restricted
land.
(e) Land ownership information
Notwithstanding any other provision of law, the names and mailing
addresses of the Indian owners of trust or restricted lands, and
information on the location of the parcel and the percentage of
undivided interest owned by each individual, or of any interest in trust
or restricted lands, shall, upon written request, be made available to--
(1) other Indian 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) prospective applicants for the leasing, use, or
consolidation of such trust or restricted land or the interest in
trust or restricted lands.
(f) Notice to Indian tribe
After the expiration of the limitation period provided for in
subsection (b)(2) of this section and prior to considering an Indian
application to terminate the trust status or to remove the restrictions
on alienation from trust or restricted land sold, exchanged or otherwise
conveyed under this section, the Indian tribe that exercises
jurisdiction over the parcel of such land shall be notified of the
application and given the opportunity to match the purchase price that
has been offered for the trust or restricted land involved.
(Pub. L. 97-459, title II, Sec. 217, as added Pub. L. 106-462, title I,
Sec. 103(6), Nov. 7, 2000, 114 Stat. 2002.)
Section Referred to in Other Sections
This section is referred to in section 2206 of this title.
