§2216 — Title 25 Indians | U.S. Code

Summary

The federal government wants to help combine small pieces of Native American trust or restricted land so fewer people or the tribe can own the land. A person can sell, trade, or give away a trust or restricted land interest for less than its market value if they are first given an estimate of what it is worth. That estimate can be waived in writing when the transfer is to a spouse, brother, sister, parent, child, certain heirs, to a co-owner, or to the tribe when the owner’s share is 5 percent or less. If a transfer follows these rules, the Secretary’s approval is not treated as a broken trust. For 5 years after such an approval, the Secretary cannot approve removing the land’s trust status or restrictions. A Native American or a tribe that owns an interest that was partly trust or restricted on November 7, 2000, and is on a reservation, can ask the Secretary to take that interest into trust, and the Secretary must do so right away. Transfers under these rules do not change the land’s trust or restricted status. Before trust status is ended for a parcel, the tribe has a chance to match any offer or pay the fair market value to buy the interest. A special rule covers family farm transfers to family members, and rules about recording and mortgages also apply. Names, addresses, parcel location, and each owner’s share must be given on written request to other owners on the same reservation, the tribe and its eligible members, and people leasing or trying to lease, use, or consolidate the land.

Title 25, §2216

Indians — Source: USLM XML via OLRC

(a)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;

(b)(1)(A)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)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)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)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)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)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)(1)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)(A)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)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).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Subsec. (e). Pub. L. 109–157 substituted “be made available to—” for “be made available to”. 2004—Subsec. (b)(1)(B). Pub. L. 108–374, § 6(a)(9)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The requirement for an estimate of value under subparagraph (A) may be waived in writing by an Indian selling, exchanging, or conveying by gift deed for no or nominal consideration an interest in land with an Indian person who is the owner’s spouse, brother, sister, lineal ancestor of Indian blood, lineal descendant, or collateral heir.” Subsec. (e). Pub. L. 108–374, § 6(a)(9)(B), added introductory provisions and struck out former introductory provisions which read as follows: “Notwithstanding any other provision of law, the names and mailing addresses of the Indian owners of trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual, or of any interest in trust or restricted lands, shall, upon written request, be made available to—”. Subsec. (e)(1). Pub. L. 108–374, § 6(a)(9)(C), struck out “Indian” before “owners”. Subsec. (e)(3). Pub. L. 108–374, § 6(a)(9)(D), substituted “any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate,” for “prospective applicants for the leasing, use, or consolidation of”. Subsec. (f). Pub. L. 108–374, § 6(a)(9)(E), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “After the expiration of the limitation period provided for in subsection (b)(2) of this section and prior to considering an Indian application to terminate the trust status or to remove the restrictions on alienation from trust or restricted land sold, exchanged or otherwise conveyed under this section, the Indian tribe that exercises jurisdiction over the parcel of such land shall be notified of the application and given the opportunity to match the purchase price that has been offered for the trust or restricted land involved.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title.

§2216 Trust and Restricted Land Transactions