PRIA, Government Policy, Made Personal

Summary

The United States supports combining and simplifying Indian land ownership by allowing transfers among individual Indians, between Indians and their tribe, or from owners of fractional interests to an Indian or the tribe. Trust or restricted lands cannot be sold to non-Indians. If an Indian is selling, exchanging, or giving an interest for little or no money, the seller must get a written estimate of the interest’s value first, unless the seller waives that in writing for transfers to close family (spouse, brother, sister, ancestor, descendant, or collateral heir) or to a co-owner or the tribe when the seller’s share is 5 percent or less. A transfer approved under these rules may be for less than fair market value, and approval is not a breach of the federal trust. After such an approved transfer, the federal official in charge must not approve ending the trust status or removing restrictions for 5 years. If an Indian or the tribal government already had part of an interest in trust or restricted status on November 7, 2000 inside a reservation, they can ask the Secretary to take the interest into trust and the Secretary must do so quickly. These transfers do not change the land’s trust or restricted status. Names, addresses, parcel location, and each owner’s percentage interest must be given on written request to other owners on the reservation, the tribe and its eligible members, and people leasing or seeking to lease or consolidate the land. Before the Secretary approves ending trust status or removing restrictions for a parcel, the tribe with jurisdiction must be allowed to match any offer or buy the interest at fair market value if no price is offered. The matching rule does not apply when a family farm parcel was transferred to a family member, unless that parcel is later offered to someone outside the family; then the tribe must be given the purchase opportunity. Section 2205(c)(2)(A) applies to recording and mortgaging those family farm parcels.

Title 25, §2216

Indians, Source: USLM XML via OLRC

(a)Policy

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;

in a manner consistent with the policy of maintaining the trust status of allotted lands. Nothing in this section shall be construed to apply to or to authorize the sale of trust or restricted lands to a person who is not an Indian.

(b)Sales, exchanges and gift deeds between Indians and between Indians and Indian tribes

(1)In general

(A)Estimate of value

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)

(ii)the approval of a transaction that is in compliance with this section shall not constitute a breach of trust by the Secretary.

(B)Waiver of requirement

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)Limitation

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)Acquisition of interest by Secretary

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)Status of lands

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)Land ownership information

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)Purchase of land by Indian tribe

(1)In general

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)Exception for family farms

(A)In general

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)Applicability of other provision

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