25 U.S.C. § 2213 : US Code - Section 2213: Administration of acquired fractional interests; disposition of proceeds

Search 25 U.S.C. § 2213 : US Code - Section 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) Application of revenue from acquired interests to land
consolidation program
(1) In general
The Secretary shall have a lien on any revenue accruing to an
interest described in subsection (a) of this section until the
Secretary provides for the removal of the lien under paragraph
(3), (4), or (5).
(2) Requirements
(A) In general
Until the Secretary removes a lien from an interest in land
under paragraph (1) -
(i) 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; and
(ii) any revenue derived from any interest acquired by the
Secretary in accordance with section 2212 of this title shall
be deposited in the fund created under section 2215 of this
title.
(B) Approval of transactions
Notwithstanding section 476 of this title, or any other
provision of law, until the Secretary removes a lien from an
interest in land under paragraph (1), the Secretary may approve
a transaction covered under this section on behalf of an Indian
tribe.
(3) Removal of liens after findings
The Secretary may remove a lien referred to in paragraph (1) if
the Secretary makes a finding that -
(A) the costs of administering the interest from which
revenue accrues under the lien will equal or exceed the
projected revenues for the parcel of land involved;
(B) in the discretion of the Secretary, it will take an
unreasonable period of time for the parcel of land to generate
revenue that equals the purchase price paid for the interest;
or
(C) a subsequent decrease in the value of land or commodities
associated with the parcel of 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.
(4) Removal of liens upon payment into the acquisition fund
The Secretary shall remove a lien referred to in paragraph (1)
upon payment of an amount equal to the purchase price of that
interest in land into the Acquisition Fund created under section
2215 (!1) of this title, except where the tribe with jurisdiction
over such interest in land authorizes the Secretary to continue
the lien in order to generate additional acquisition funds.
(5) Other removal of liens
The Secretary may, in consultation with tribal governments and
other entities described in section 2212(b)(3) of this title,
periodically remove liens referred to in paragraph (1) from
interests in land acquired by the Secretary.
(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.