2020 US Code
Title 25 - Indians
Chapter 4 - Performance by United States of Obligations to Indians
Subchapter III - Deposit, Care, and Investment of Indian Moneys
Sec. 167 - Trust status of lease payments
25 U.S.C. § 167 (2020) |
§167. Trust status of lease payments |
(a) Definition of Secretary
In this section, the term "Secretary" means the Secretary of the Interior. (b) Treatment of lease payments (1) In generalExcept as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated. If the advance payment, bid deposit, or other earnest money received by the Secretary results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system. On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1), the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be disbursed to the Indian tribe or individual Indian landowners. If a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1) is not approved by the Secretary, the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue. This section shall apply to any advance payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian on or after December 18, 2018. |
(Pub. L. 115–325, title II, §207, Dec. 18, 2018, 132 Stat. 4464.) |
United States Code, 2018 Edition, Supplement 2, Title 25 - INDIANS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 25 - INDIANS CHAPTER 4 - PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER III - DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS Sec. 167 - Trust status of lease payments |
section 167 |
2020 |
January 13, 2021 |
No |
standard |
132 Stat. 4464 |
Public Law 115-325 |