25 U.S.C. § 2212 : US Code - Section 2212: Fractional interest acquisition program

Search 25 U.S.C. § 2212 : US Code - Section 2212: Fractional interest acquisition program

(a) Acquisition by Secretary
(1) In general
The Secretary may acquire, at the discretion of the Secretary
and with the consent of the owner, or from an heir during probate
in accordance with section 2206(p) (!1) of this title and at fair
market value, any fractional interest in trust or restricted
lands.
(2) Authority of Secretary
The Secretary shall submit the report required under section
2217 of this title concerning how the fractional interest
acquisition program should be enhanced to increase the resources
made 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 (!2) Ct. 727 (1997));
(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 through the use of policies and
procedures designed to accommodate the voluntary sale of
interests under this section, notwithstanding the existence of
any otherwise applicable policy, procedure, or regulation,
through the elimination of duplicate -
(A) conveyance documents;
(B) administrative proceedings; and
(C) transactions.
(c) Sale of interest to Indian landowners
(1) Conveyance at request
(A) In general
At the request of any Indian who owns an undivided interest
in a parcel of trust or restricted land, the Secretary shall
convey an interest in such parcel acquired under this section
to the Indian landowner -
(i) on payment by the Indian landowner of the amount paid
for the interest by the Secretary; or
(ii) if -
(I) the Indian referred to in this subparagraph provides
assurances that the purchase price will be paid by pledging
revenue from any source, including trust resources; and
(II) the Secretary determines that the purchase price
will be paid in a timely and efficient manner.
(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
unless the interest is subject to a foreclosure of a mortgage
in accordance with section 483a of this title.
(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 an undivided interest in a parcel of such
land, such interest may only be acquired under paragraph (1) with
the consent of such Indian tribe.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$75,000,000 for fiscal year 2005, $95,000,000 for fiscal year 2006,
and $145,000,000 for each of fiscal years 2007 through 2010.