Title 25 — IndiansRelease 119-73not60

§167 Trust Status of Lease Payments

Title 25 › Chapter 4— PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS › Subchapter III— DEPOSIT, CARE, AND INVESTMENT OF INDIAN MONEYS › § 167

Last updated Apr 5, 2026|Official source

Summary

When the Secretary of the Interior gets advance payments, bid deposits, or other earnest money for a sale, lease, permit, or other transfer of trust or restricted Indian land that needs the Secretary’s approval, that money must be kept in the trust fund system for the benefit of the tribe or individual owner if they ask. If the money comes from competitive bidding, only the payment from the successful bidder will be held in the trust fund. If the Secretary approves the deal, the held money and any investment income must be given to the tribe or individual landowners. If the Secretary does not approve it, the money and income must be paid out as the applicable regulations, advertisement, or notice specify. These rules apply to money received on or after December 18, 2018. Secretary = Secretary of the Interior.

Full Legal Text

Title 25, §167

Indians — Source: USLM XML via OLRC

(a)In this section, the term “Secretary” means the Secretary of the Interior.

(b)(1)Except 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.

(2)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.

(c)(1)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.

(2)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.

(d)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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 167

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60