2003 US Code
Title 25 - INDIANS
CHAPTER 24 - INDIAN LAND CONSOLIDATION
Sec. 2213 - Administration of acquired fractional interests; disposition of proceeds

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§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) Conditions (1) In general

The conditions described in this paragraph are as follows:

(A) Until the purchase price paid by the Secretary for an interest referred to in subsection (a) of this section has been recovered, or until the Secretary makes any of the findings under paragraph (2)(A), 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.

(B) Subject to subparagraph (C), the Secretary shall deposit any revenue derived under subparagraph (A) into the Acquisition Fund created under section 2215 of this title.

(C) The Secretary shall deposit any revenue that is paid under subparagraph (A) that is in excess of the purchase price of the fractional interest involved to the credit of the Indian tribe that receives the fractional interest under section 2212 of this title and the tribe shall have access to such funds in the same manner as other funds paid to the Secretary for the use of lands held in trust for the tribe.

(D) Notwithstanding any other provision of law, including section 476 of this title, with respect to any interest acquired by the Secretary under section 2212 of this title, the Secretary may approve a transaction covered under this section on behalf of a tribe until—

(i) the Secretary makes any of the findings under paragraph (2)(A); or

(ii) an amount equal to the purchase price of that interest has been paid into the Acquisition Fund created under section 2215 of this title.

(2) Exception

Paragraph (1)(A) shall not apply to any revenue derived from an interest in a parcel of land acquired by the Secretary under section 2212 of this title after—

(A) the Secretary makes a finding that—

(i) the costs of administering the interest will equal or exceed the projected revenues for the parcel involved;

(ii) in the discretion of the Secretary, it will take an unreasonable period of time for the parcel to generate revenue that equals the purchase price paid for the interest; or

(iii) a subsequent decrease in the value of land or commodities associated with the 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; or

(B) an amount equal to the purchase price of that interest in land has been paid into the Acquisition Fund created under section 2215 of this title.

(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.

(Pub. L. 97–459, title II, §214, as added Pub. L. 106–462, title I, §103(6), Nov. 7, 2000, 114 Stat. 2000.)

Section Referred to in Other Sections

This section is referred to in section 2212 of this title.