25 U.S.C. § 2220 : US Code - Section 2220: Owner-managed interests

Search 25 U.S.C. § 2220 : US Code - Section 2220: Owner-managed interests

(a) Purpose
The purpose of this section is to provide a means for the co-
owners of trust or restricted interests in a parcel of land to
enter into surface leases of such parcel for certain purposes
without approval of the Secretary.
(b) Mineral interests
Nothing in this section shall be construed to limit or otherwise
affect the application of any Federal law requiring the Secretary
to approve mineral leases or other agreements for the development
of the mineral interest in trust or restricted land.
(c) Owner management
(1) In general
Notwithstanding any provision of Federal law requiring the
Secretary to approve individual Indian leases of individual
Indian trust or restricted land, where the owners of all of the
undivided trust or restricted interests in a parcel of land have
submitted applications to the Secretary pursuant to subsection
(a) of this section, and the Secretary has approved such
applications under subsection (d) of this section, such owners
may, without further approval by the Secretary, enter into a
lease of the parcel for agricultural purposes for a term not to
exceed 10 years.
(2) Rule of construction
No such lease shall be effective until it has been executed by
the owners of all undivided trust or restricted interests in the
parcel.
(d) Approval of applications for owner management
(1) In general
Subject to the provisions of paragraph (2), the Secretary shall
approve an application for owner management submitted by a
qualified applicant pursuant to this section unless the Secretary
has reason to believe that the applicant is submitting the
application as the result of fraud or undue influence. No such
application shall be valid or considered if it is received by the
Secretary prior to the date that is 1 year after the date on
which notice is published pursuant to section 8(a)(4) of the
American Indian Probate Reform Act of 2004.
(2) Commencement of owner-managed status
Notwithstanding the approval of 1 or more applications pursuant
to paragraph (1), no trust or restricted interest in a parcel of
land shall acquire owner-managed status until applications for
all of the trust or restricted interests in such parcel of land
have been submitted to and approved by the Secretary pursuant to
this section.
(e) Validity of leases
No lease of trust or restricted interests in a parcel of land
that is owner-managed under this section shall be valid or
enforceable against the owners of such interests, or against the
land, the interest or the United States, unless such lease -
(1) is consistent with, and entered into in accordance with,
the requirements of this section; or
(2) has been approved by the Secretary in accordance with other
Federal laws applicable to the leasing of trust or restricted
land.
(f) Lease revenues
The Secretary shall not be responsible for the collection of, or
accounting for, any lease revenues accruing to any interests under
a lease authorized by subsection (e) of this section, so long as
such interest is in owner-managed status under the provisions of
this section.
(g) Jurisdiction
(1) Jurisdiction unaffected by status
The Indian tribe with jurisdiction over an interest in trust or
restricted land that becomes owner-managed pursuant to this
section shall continue to have jurisdiction over the interest to
the same extent and in all respects that such tribe had prior to
the interest acquiring owner-managed status.
(2) Persons using land
Any person holding, leasing, or otherwise using such interest
in land shall be considered to consent to the jurisdiction of the
Indian tribe referred to in paragraph (1), including such tribe's
laws and regulations, if any, relating to the use, and any
effects associated with the use, of the interest.
(h) Continuation of owner-managed status; revocation
(1) In general
Subject to the provisions of paragraph (2), after the
applications of the owners of all of the trust or restricted
interests in a parcel of land have been approved by the Secretary
pursuant to subsection (d) of this section, each such interest
shall continue in owner-managed status under this section
notwithstanding any subsequent conveyance of the interest in
trust or restricted status to another person or the subsequent
descent of the interest in trust or restricted status by testate
or intestate succession to 1 or more heirs.
(2) Revocation
Owner-managed status of an interest may be revoked upon written
request of the owners (including the parents or legal guardians
of minors or incompetent owners) of all trust or restricted
interests in the parcel, submitted to the Secretary in accordance
with regulations adopted under subsection (l).(!1) The revocation
shall become effective as of the date on which the last of all
such requests has been delivered to the Secretary.
(3) Effect of revocation
Revocation of owner-managed status under paragraph (2) shall
not affect the validity of any lease made in accordance with the
provisions of this section prior to the effective date of the
revocation, provided that, after such revocation becomes
effective, the Secretary shall be responsible for the collection
of, and accounting for, all future lease revenues accruing to the
trust or restricted interests in the parcel from and after such
effective date.
(i) Defined terms
(1) For purposes of subsection (d)(1) of this section, the term
"qualified applicant" means -
(A) a person over the age of 18 who owns a trust or restricted
interest in a parcel of land; and
(B) the parent or legal guardian of a minor or incompetent
person who owns a trust or restricted interest in a parcel of
land.
(2) For purposes of this section, the term "owner-managed status"
means, with respect to a trust or restricted interest, that -
(A) the interest is a trust or restricted interest in a parcel
of land for which applications covering all trust or restricted
interests in such parcel have been submitted to and approved by
the Secretary pursuant to subsection (d) of this section;
(B) the interest may be leased without approval of the
Secretary pursuant to, and in a manner that is consistent with,
the requirements of this section; and
(C) no revocation has occurred under subsection (h)(2) of this
section.
(j) Secretarial approval of other transactions
Except with respect to the specific lease transaction described
in paragraph (1) of subsection (c) of this section, interests that
acquire owner-managed status under the provisions of this section
shall continue to be subject to all Federal laws requiring the
Secretary to approve transactions involving trust or restricted
land (including leases with terms of a duration in excess of 10
years) that would otherwise apply to such interests if the
interests had not acquired owner-managed status under this section.
(k) Effect of section
Subject to subsections (c), (f), and (h) of this section, nothing
in this section diminishes or otherwise affects any authority or
responsibility of the Secretary with respect to an interest in
trust or restricted land.