25 U.S.C. § 2216 : US Code - Section 2216: Trust and restricted land transactions

Search 25 U.S.C. § 2216 : US Code - Section 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 owner of a trust or
restricted interest in land either selling, exchanging, or
conveying by gift deed for no or nominal consideration such
interest -
(i) to an Indian person who is the owner's spouse, brother,
sister, lineal ancestor, lineal descendant, or collateral
heir; or
(ii) to an Indian co-owner or to the tribe with
jurisdiction over the subject parcel of land, where the
grantor owns a fractional interest that represents 5 percent
or less of the parcel.
(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 owners of any interest in trust or restricted
lands, and information on the location of the parcel and the
percentage of undivided interest owned by each individual shall,
upon written request, be made available to -
(1) other 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) any person that is leasing, using, or consolidating, or is
applying to lease, use, or consolidate, such trust or restricted
land or the interest in trust or restricted lands.
(f) Purchase of land by Indian tribe
(1) In general
Except as provided in paragraph (2), before the Secretary
approves an application to terminate the trust status or remove
the restrictions on alienation from a parcel of, or interest in,
trust or restricted land, the Indian tribe with jurisdiction over
the parcel shall have the opportunity -
(A) to match any offer contained in the application; or
(B) in a case in which there is no purchase price offered, to
acquire the interest in the parcel by paying the fair market
value of the interest.
(2) Exception for family farms
(A) In general
Paragraph (1) shall not apply to a parcel of, or interest in,
trust or restricted land that is part of a family farm that is
conveyed to a member of the family of a landowner (as defined
in section 2205(c)(2)(A)(iv) of this title) if the conveyance
requires that in the event that the parcel or interest is
offered for sale to an entity or person that is not a member of
the family of the landowner, the Indian tribe with jurisdiction
over the land shall be afforded the opportunity to purchase the
interest pursuant to paragraph (1).
(B) Applicability of other provision
Section 2205(c)(2)(A) of this title shall apply with respect
to the recording and mortgaging of any trust or restricted land
referred to in subparagraph (A).