25 U.S.C. 2201 et seq

§ 2107

TITLE 25—INDIANS

§ 2107. Regulations; consultation with Indian organizations; pending agreements
Within one hundred and eighty days of December 22, 1982, the Secretary of the Interior shall
promulgate rules and regulations to facilitate
implementation of this chapter. The Secretary
shall, to the extent practicable, consult with national and regional Indian organizations and
tribes with expertise in mineral development
both in the initial formulation of rules and regulations and any future revision or amendment of
such rules and regulations. Where there is pending before the Secretary for his approval a Minerals Agreement of the type authorized by section 2102 of this title which was submitted prior
to December 22, 1982, the Secretary shall evaluate and approve or disapprove such agreement
based upon section 2103 of this title, but shall
not withhold or delay such approval or disapproval on the grounds that the rules and regulations implementing this chapter have not been
promulgated.
(Pub. L. 97–382, § 8, Dec. 22, 1982, 96 Stat. 1940.)
§ 2108. Tribal right to develop mineral resources
Nothing in this chapter shall impair any right
of an Indian tribe organized under section 16 or
17 of the Act of June 18, 1934 (48 Stat. 987), as
amended [25 U.S.C. 5123, 5124], to develop their
mineral resources as may be provided in any
constitution or charter adopted by such tribe
pursuant to that Act [25 U.S.C. 5101 et seq.].
(Pub. L. 97–382, § 9, Dec. 22, 1982, 96 Stat. 1940.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to chapter 45 (§ 5101 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 5101 of this title
and Tables.

CHAPTER 24—INDIAN LAND
CONSOLIDATION
Sec.

2201.
2202.
2203.
2204.

2205.
2206.
2207.

2208.

2209.
2210.
2211.

2212.
2213.
2214.

Definitions.
Other applicable provisions.
Adoption of land consolidation plan with approval of Secretary.
Purchase of trust or restricted or controlled
lands at no less than fair market value; requisite conditions.
Tribal probate codes; acquisitions of fractional interests by tribes.
Descent and distribution.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and distribution of trust or restricted or controlled
lands.
Conveyancing authority upon sale or exchange of tribal lands; removal of trust
status of individually owned lands.
Trusteeship title of United States for any Indian or Indian tribe.
Tax exemption.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or bylaws.
Fractional interest acquisition program.
Administration of acquired fractional interests; disposition of proceeds.
Establishing fair market value.

Page 402

Sec.

2215.
2216.
2217.
2218.

Acquisition Fund.
Trust and restricted land transactions.
Reports to Congress.
Approval of leases, rights-of-way, and sales of
natural resources.
Application to Alaska.
Owner-managed interests.
Annual notice and filing; current whereabouts of interest owners.

2219.
2220.
2221.

§ 2201. Definitions
For the purpose of this chapter—
(1) ‘‘Indian tribe’’ or ‘‘tribe’’ means any Indian tribe, band, group, pueblo, or community
for which, or for the members of which, the
United States holds lands in trust;
(2) ‘‘Indian’’ means—
(A) any person who is a member of any Indian tribe, is eligible to become a member of
any Indian tribe, or is an owner (as of October 27, 2004) of a trust or restricted interest
in land;
(B) any person meeting the definition of
Indian under the Indian Reorganization Act
(25 U.S.C. 479) 1 and the regulations promulgated thereunder; and
(C) with respect to the inheritance and
ownership of trust or restricted land in the
State of California pursuant to section 2206
of this title, any person described in subparagraph (A) or (B) or any person who owns
a trust or restricted interest in a parcel of
such land in that State.2
(3) ‘‘Secretary’’ means the Secretary of the
Interior;
(4)(i) ‘‘trust or restricted lands’’ means
lands, title to which is held by the United
States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United
States against alienation; and (ii) ‘‘trust or restricted interest in land’’ or ‘‘trust or restricted interest in a parcel of land’’ means an
interest in land, the title to which interest is
held in trust by the United States for an Indian tribe or individual, or which is held by an
Indian tribe or individual subject to a restriction by the United States against alienation.2
(5) ‘‘heirs of the first or second degree’’
means parents, children, grandchildren, grandparents, brothers and sisters of a decedent.2
(6) ‘‘parcel of highly fractionated Indian
land’’ means a parcel of land that the Secretary, pursuant to authority under a provision of this chapter, determines to have, as
evidenced by the Secretary’s records at the
time of the determination—
(A) 50 or more but less than 100 co-owners
of undivided trust or restricted interests,
and no 1 of such co-owners holds a total undivided trust or restricted interest in the
parcel that is greater than 10 percent of the
entire undivided ownership of the parcel; or
(B) 100 or more co-owners of undivided
trust or restricted interests;
(7) the term ‘‘land’’ means any real property;
(8) ‘‘person’’ or ‘‘individual’’ means a natural
person;
1 See
2 So

References in Text note below.
in original. The period probably should be a semicolon.

Page 403

§ 2201

TITLE 25—INDIANS

(9) ‘‘eligible heirs’’ means, for purposes of
section 2206 of this title, any of a decedent’s
children, grandchildren, great grandchildren,
full siblings, half siblings by blood, and parents who are—
(A) Indian; or
(B) lineal descendents within 2 degrees of
consanguinity of an Indian; or
(C) owners of a trust or restricted interest
in a parcel of land for purposes of inheriting
by descent, renunciation, or consolidation
agreement under section 2206 of this title,
another trust or restricted interest in such
parcel from the decedent; and
(10) ‘‘without regard to waste’’ means, with
respect to a life estate interest in land, that
the holder of such estate is entitled to the receipt of all income, including bonuses and royalties, from such land to the exclusion of the
remaindermen.
(Pub. L. 97–459, title II, § 202, Jan. 12, 1983, 96
Stat. 2517; Pub. L. 106–462, title I, § 103(1), Nov. 7,
2000, 114 Stat. 1992; Pub. L. 108–374, § 6(b), Oct. 27,
2004, 118 Stat. 1804; Pub. L. 110–453, title II,
§ 207(a), Dec. 2, 2008, 122 Stat. 5030.)
REFERENCES IN TEXT
The Indian Reorganization Act, referred to in par.
(2)(B), is act June 18, 1934, ch. 576, 48 Stat. 984, which
was classified generally to subchapter V (§ 461 et seq.) of
chapter 14 of this title prior to editorial reclassification as chapter 45 (§ 5101 et seq.) of this title. The term
‘‘Indian’’ was defined for purposes of this Act in section
479 of this title prior to editorial reclassification as section 5129 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 5101 of this title and Tables.
This chapter, referred to in par. (6), was in the original ‘‘this Act’’, which was translated as reading ‘‘this
title’’, meaning title II of Pub. L. 97–459, to reflect the
probable intent of Congress.
AMENDMENTS
2008—Par. (4). Pub. L. 110–453, § 207(a)(1), designated
existing provisions as cls. (i) and (ii) and, in cl. (ii), substituted ‘‘an interest in land, the title to which interest’’ for ‘‘an interest in land, title to which’’.
Par. (7). Pub. L. 110–453, § 207(a)(2), added par. (7) and
struck out former par. (7) which read as follows: ‘‘ ‘land’
means any real property, and includes within its meaning for purposes of this chapter improvements permanently affixed to real property;’’.
2004—Par. (2). Pub. L. 108–374, § 6(b)(1), added par. (2)
and struck out former par. (2) which read as follows:
‘‘ ‘Indian’ means any person who is a member of any Indian tribe or is eligible to become a member of any Indian tribe, or any person who has been found to meet
the definition of ‘Indian’ under a provision of Federal
law if the Secretary determines that using such law’s
definition of Indian is consistent with the purposes of
this chapter;’’.
Par. (4). Pub. L. 108–374, § 6(b)(2), added par. (4) and
struck out former par. (4) which read as follows:
‘‘ ‘trust or restricted lands’ means lands, title to which
is held by the United States in trust for an Indian or
an Indian tribe or lands title to which is held by Indians or an Indian tribe subject to a restriction by the
United States against alienation; and’’.
Pars. (6) to (10). Pub. L. 108–374, § 6(b)(3), added pars.
(6) to (10).
2000—Par. (1). Pub. L. 106–462, § 103(1)(A), substituted
‘‘(1)‘Indian tribe’ or ‘tribe’ ’’ for ‘‘(1) ‘tribe’ ’’.
Par. (2). Pub. L. 106–462, § 103(1)(B), added par. (2) and
struck out former par. (2) which read as follows: ‘‘ ‘Indian’ means any person who is a member of a tribe or

any person who is recognized as an Indian by the Secretary of the Interior;’’.
Par. (5). Pub. L. 106–462, § 103(1)(C)–(E), added par. (5).
NOTICE; EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–374, § 8, Oct. 27, 2004, 118 Stat. 1809, as
amended by Pub. L. 109–221, title V, § 501(b)(3), May 12,
2006, 120 Stat. 344, provided that:
‘‘(a) NOTICE.—
‘‘(1) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Oct. 27, 2004], the Secretary shall notify Indian tribes and owners of trust
or restricted lands of the amendments made by this
Act [see Short Title of 2004 Amendment note below].
‘‘(2) SPECIFICATIONS.—The notice required under
paragraph (1) shall be designed to inform Indian owners of trust or restricted land of—
‘‘(A) the effect of this Act and the amendments
made by this Act, with emphasis on the effect of
the provisions of this Act and the amendments
made by this Act, on the testate disposition and intestate descent of their interests in trust or restricted land;
‘‘(B) estate planning options available to the owners, including any opportunities for receiving estate
planning assistance or advice;
‘‘(C) the use of negotiated sales, gift deeds, land
exchanges, and other transactions for consolidating
the ownership of land; and
‘‘(D) a toll-free telephone number to be used for
obtaining information regarding the provisions of
this Act and any trust assets of such owners.
‘‘(3) REQUIREMENTS.—The Secretary shall provide
the notice required under paragraph (1)—
‘‘(A) by direct mail for those Indians with interests in trust and restricted lands for which the Secretary has an address for the interest holder;
‘‘(B) through the Federal Register;
‘‘(C) through local newspapers in areas with significant Indian populations, reservation newspapers, and newspapers that are directed at an Indian audience; and
‘‘(D) through any other means determined appropriate by the Secretary.
‘‘(4) CERTIFICATION.—After providing notice under
this subsection, the Secretary shall—
‘‘(A) certify that the requirements of this subsection have been met; and
‘‘(B) publish notice of that certification in the
Federal Register.
‘‘(b) EFFECTIVE DATES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph
(2), the amendments made by this Act [see Short
Title of 2004 Amendment note below] apply on and
after the date that is 1 year after the date on which
the Secretary makes the certification required under
subsection (a)(4) [such certification made June 20,
2005, see 70 F.R. 37107].
‘‘(2) EXCEPTIONS.—The following provisions of law
apply as of the date of enactment of this Act [Oct. 27,
2004]:
‘‘(A) Subsections (e) and (f) of section 207 of the
Indian Land Consolidation Act (25 U.S.C. 2206) (as
amended by this Act).
‘‘(B) Subsection (g) of section 207 of the Indian
Land Consolidation Act (25 U.S.C. 2206) (as in effect
on March 1, 2006).
‘‘(C) The amendments made by section 4, section
5, paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), and
(11) of section 6(a), section 6(b)(3), and section 7 of
this Act [see Tables for classification].’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–157, § 1, Dec. 30, 2005, 119 Stat. 2949, provided that: ‘‘This Act [amending sections 464, 2204 to
2206, 2212, 2214, and 2216 of this title, enacting provisions set out as a note under section 464 of this title,
and amending provisions set out as a note under this
section] may be cited as the ‘Indian Land Probate Reform Technical Corrections Act of 2005’.’’

§ 2201

TITLE 25—INDIANS
SHORT TITLE OF 2004 AMENDMENT

Pub. L. 108–374, § 1, Oct. 27, 2004, 118 Stat. 1773, provided that: ‘‘This Act [enacting sections 2220 and 2221 of
this title, amending this section and sections 348, 464,
2204 to 2206, 2212 to 2216, and 2218 of this title, and enacting provisions set out as notes under this section]
may be cited as the ‘American Indian Probate Reform
Act of 2004’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–462, § 1, Nov. 7, 2000, 114 Stat. 1991, provided that: ‘‘This Act [enacting sections 2205, 2206, and
2212 to 2219 of this title, amending this section and sections 348, 372, 373, 464, 2204, and 2207 of this title, repealing sections 331 to 333, 2205, and 2206 of this title, and
enacting provisions set out as notes under this section
and sections 396 and 2206 of this title] may be cited as
the ‘Indian Land Consolidation Act Amendments of
2000’.’’
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–238, § 1, Dec. 17, 1991, 105 Stat. 1908, provided that: ‘‘This Act [amending sections 2203, 2703, and
2718 of this title, enacting provisions set out as a note
under section 1437f of Title 42, The Public Health and
Welfare, and repealing provisions set out as a note
under section 1437f of Title 42] may be cited as the
‘Technical Amendments to Various Indian Laws Act of
1991’.’’
SHORT TITLE
Pub. L. 97–459, title II, § 201, Jan. 12, 1983, 96 Stat. 2517,
provided that: ‘‘This title [enacting this chapter] may
be cited as the ‘Indian Land Consolidation Act’.’’
REGULATIONS
Pub. L. 108–374, § 10, Oct. 27, 2004, 118 Stat. 1810, provided that: ‘‘The Secretary is authorized to adopt such
regulations as may be necessary to implement the provisions of this Act [see Short Title of 2004 Amendment
note above].’’
SEVERABILITY
Pub. L. 108–374, § 9, Oct. 27, 2004, 118 Stat. 1810, as
amended by Pub. L. 109–157, § 8(a)(2), Dec. 30, 2005, 119
Stat. 2952, provided that: ‘‘If any provision of this Act
[see Short Title of 2004 Amendment note above] or of
any amendment made by this Act, or the application of
any such provision to any person or circumstance, is
held to be invalid for any reason, the remainder of this
Act and of amendments made by this Act, and the application of the provisions and of the amendments
made by this Act to any other person or circumstance
shall not be affected by such holding, except that each
of subclauses (II), (III), and (IV) of section 205(c)(2)(I)(i)
of the Indian Land Consolidation Act (25 U.S.C.
2204(c)(2)(I)(i)) is deemed to be inseverable from the
other 2, such that if any 1 of those 3 subclauses is held
to be invalid for any reason, neither of the other 2 of
such subclauses shall be given effect.’’
CONGRESSIONAL FINDINGS
Pub. L. 108–374, § 2, Oct. 27, 2004, 118 Stat. 1773, provided that: ‘‘Congress finds that—
‘‘(1) the Act of February 8, 1887 (commonly known
as the ‘Indian General Allotment Act’) (25 U.S.C. 331
et seq.), which authorized the allotment of Indian reservations, did not permit Indian allotment owners to
provide for the testamentary disposition of the land
that was allotted to them;
‘‘(2) that Act provided that allotments would descend according to State law of intestate succession
based on the location of the allotment;
‘‘(3) the reliance of the Federal Government on the
State law of intestate succession with respect to the
descent of allotments has resulted in numerous problems affecting Indian tribes, members of Indian
tribes, and the Federal Government, including—

Page 404

‘‘(A) the increasingly fractionated ownership of
trust and restricted land as that land is inherited
by successive generations of owners as tenants in
common;
‘‘(B) the application of different rules of intestate
succession to each interest of a decedent in or to
trust or restricted land if that land is located within the boundaries of more than 1 State, which application—
‘‘(i) makes probate planning unnecessarily difficult; and
‘‘(ii) impedes efforts to provide probate planning assistance or advice;
‘‘(C) the absence of a uniform general probate
code for trust and restricted land, which makes it
difficult for Indian tribes to work cooperatively to
develop tribal probate codes; and
‘‘(D) the failure of Federal law to address or provide for many of the essential elements of general
probate law, either directly or by reference,
which—
‘‘(i) is unfair to the owners of trust and restricted land (and heirs and devisees of owners);
and
‘‘(ii) makes probate planning more difficult;
‘‘(4) a uniform Federal probate code would likely—
‘‘(A) reduce the number of fractionated interests
in trust or restricted land;
‘‘(B) facilitate efforts to provide probate planning
assistance and advice and create incentives for
owners of trust and restricted land to engage in estate planning;
‘‘(C) facilitate intertribal efforts to produce tribal
probate codes in accordance with section 206 of the
Indian Land Consolidation Act (25 U.S.C. 2205); and
‘‘(D) provide essential elements of general probate law that are not applicable on the date of enactment of this Act [Oct. 27, 2004] to interests in
trust or restricted land; and
‘‘(5) the provisions of a uniform Federal probate
code and other forth [sic] in this Act [see Short Title
of 2004 Amendment note above] should operate to further the policy of the United States as stated in the
Indian Land Consolidated Act Amendments of 2000,
Public Law 106–462, [§]102, November 7, 2000, 114 Stat.
1992 [set out as a note below].’’
Pub. L. 106–462, title I, § 101, Nov. 7, 2000, 114 Stat.
1991, provided that: ‘‘Congress finds that—
‘‘(1) in the 1800’s and early 1900’s, the United States
sought to assimilate Indian people into the surrounding non-Indian culture by allotting tribal lands to individual members of Indian tribes;
‘‘(2) as a result of the allotment Acts and related
Federal policies, over 90,000,000 acres of land have
passed from tribal ownership;
‘‘(3) many trust allotments were taken out of trust
status, often without their owner’s consent;
‘‘(4) without restrictions on alienation, allotment
owners were subject to exploitation and their allotments were often sold or disposed of without any tangible or enduring benefit to their owners;
‘‘(5) the trust periods for trust allotments have
been extended indefinitely;
‘‘(6) because of the inheritance provisions in the
original treaties or allotment Acts, the ownership of
many of the trust allotments that have remained in
trust status has become fractionated into hundreds
or thousands of undivided interests, many of which
represent 2 percent or less of the total interests;
‘‘(7) Congress has authorized the acquisition of
lands in trust for individual Indians, and many of
those lands have also become fractionated by subsequent inheritance;
‘‘(8) the acquisitions referred to in paragraph (7)
continue to be made;
‘‘(9) the fractional interests described in this section often provide little or no return to the beneficial
owners of those interests and the administrative
costs borne by the United States for those interests
are inordinately high;

Page 405

TITLE 25—INDIANS

‘‘(10) in Babbitt v. Youpee (117 S[.] Ct. 727 (1997)),
the United States Supreme Court found the application of section 207 of the Indian Land Consolidation
Act (25 U.S.C. 2206) to the facts presented in that case
to be unconstitutional, forcing the Department of the
Interior to address the status of thousands of undivided interests in trust and restricted lands;
‘‘(11)(A) on February 19, 1999, the Secretary of the
Interior issued a Secretarial Order which officially
reopened the probate of all estates where an interest
in land was ordered to escheat to an Indian tribe pursuant to section 207 of the Indian Land Consolidation
Act (25 U.S.C. 2206); and
‘‘(B) the Secretarial Order also directed appropriate
officials of the Bureau of Indian Affairs to distribute
such interests ‘to the rightful heirs and beneficiaries
without regard to 25 U.S.C. 2206’;
‘‘(12) in the absence of comprehensive remedial legislation, the number of the fractional interests will
continue to grow exponentially;
‘‘(13) the problem of the fractionation of Indian
lands described in this section is the result of a policy
of the Federal Government, cannot be solved by Indian tribes, and requires a solution under Federal
law.[;]
‘‘(14) any devise or inheritance of an interest in
trust or restricted Indian lands is a matter of Federal
law; and
‘‘(15) consistent with the Federal policy of tribal
self-determination, the Federal Government should
encourage the recognized tribal government that exercises jurisdiction over a reservation to establish a
tribal probate code for that reservation.’’
DECLARATION OF POLICY
Pub. L. 106–462, title I, § 102, Nov. 7, 2000, 114 Stat.
1992, provided that: ‘‘It is the policy of the United
States—
‘‘(1) to prevent the further fractionation of trust allotments made to Indians;
‘‘(2) to consolidate fractional interests and ownership of those interests into usable parcels;
‘‘(3) to consolidate fractional interests in a manner
that enhances tribal sovereignty;
‘‘(4) to promote tribal self-sufficiency and self-determination; and
‘‘(5) to reverse the effects of the allotment policy on
Indian tribes.’’
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 106–462, title I, § 105, Nov. 7, 2000, 114 Stat.
2007, provided that: ‘‘There are authorized to be appropriated not to exceed $8,000,000 for fiscal year 2001 and
each subsequent fiscal year to carry out the provisions
of this title [enacting sections 2205, 2206, and 2212 to
2219 of this title, amending this section and sections
348, 372, 373, 2204, 2207, and 5107 of this title, repealing
sections 331 to 333, 2205, and 2206 of this title, and enacting provisions set out as notes under this section and
section 2206 of this title] (and the amendments made by
this title) that are not otherwise funded under the authority provided for in any other provision of Federal
law.’’

§ 2202. Other applicable provisions
The provisions of section 5108 of this title
shall apply to all tribes notwithstanding the
provisions of section 5125 of this title: Provided,
That nothing in this section is intended to supersede any other provision of Federal law
which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any
specific tribe, reservation, or state(s).
(Pub. L. 97–459, title II, § 203, Jan. 12, 1983, 96
Stat. 2517.)

§ 2203

§ 2203. Adoption of land consolidation plan with
approval of Secretary
(a) Statement of purpose; sales or exchanges:
terms and conditions
Notwithstanding any other provision of law,
any tribe, acting through its governing body, is
authorized, with the approval of the Secretary
to adopt a land consolidation plan providing for
the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings: Provided, That—
(1) except as provided by subsection (c), the
sale price or exchange value received by the
tribe for land or interests in land covered by
this section shall be no less than within 10 per
centum of the fair market value as determined
by the Secretary;
(2) if the tribal land involved in an exchange
is of greater or lesser value than the land for
which it is being exchanged, the tribe may accept or give cash in such exchange in order to
equalize the values of the property exchanged;
(3) any proceeds from the sale of land or interests in land or proceeds received by the
tribe to equalize an exchange made pursuant
to this section shall be used exclusively for
the purchase of other land or interests in land;
(4) the Secretary shall maintain a separate
trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and
exchanges and shall release such funds only
for the purpose of buying lands under this section; and
(5) any tribe may retain the mineral rights
to such sold or exchanged lands and the Secretary shall assist such tribe in determining
the value of such mineral rights and shall take
such value into consideration in determining
the fair market value of such lands.
(b) Conveyancing requirement; specific findings
for nonexecution
The Secretary must execute such instrument
of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he
makes a specific finding that such sale or exchange is not in the best interest of the tribe or
is not in compliance with the tribal land consolidation plan.
(c) Below market value conveyance of Cherokee
Nation of Oklahoma homesites
The Secretary may execute instruments of
conveyance for less than fair market value to effectuate the transfer of lands used as homesites
held, on December 17, 1991, by the United States
in trust for the Cherokee Nation of Oklahoma.
Only the lands used as homesites, and described
in the land consolidation plan of the Cherokee
Nation of Oklahoma approved by the Secretary
on February 6, 1987, shall be subject to this subsection.
(Pub. L. 97–459, title II, § 204, Jan. 12, 1983, 96
Stat. 2517; Pub. L. 98–608, § 1(1), Oct. 30, 1984, 98
Stat. 3171; Pub. L. 102–238, § 3, Dec. 17, 1991, 105
Stat. 1908.)

§ 2204

TITLE 25—INDIANS
AMENDMENTS

1991—Subsec. (a)(1). Pub. L. 102–238, § 3(1), substituted
‘‘(1) except as provided by subsection (c), the sale
price’’ for ‘‘(1) the sale price’’.
Subsec. (c). Pub. L. 102–238, § 3(2), added subsec. (c).
1984—Subsec. (a). Pub. L. 98–608 amended subsec. (a)
generally, substituting ‘‘: Provided, That—’’ for period
at end and inserting five numbered pars., thereby correcting errors originally contained in this section as
enacted by Pub. L. 97–459, the text of which had a portion of section 204 appearing in section 206 (classified to
section 2205 of this title) as the result of inadvertent
error in the execution of committee amendments (see
House Report No. 97–908, Sept. 30, 1982) to the bill. Pub.
L. 97–459 enacted subsec. (a) as ending with ‘‘tribal
landholdings.’’, and included portion of section 204 containing proviso and five numbered pars. within text of
section 206.
Subsec. (b). Pub. L. 98–608 included subsec. (b) within
this section and substituted a period for the dash after
‘‘tribal land consolidation plan’’, thereby correcting errors originally contained in this section as enacted by
Pub. L. 97–459, which, as the result of inadvertent error
in the execution of committee amendments (see House
Report No. 97–908, Sept. 30, 1982) to the bill, enacted
subsec. (b) as part of section 206(b) of Pub. L. 97–459 and
ended it with ‘‘tribal land consolidation plan—’’.

§ 2204. Purchase of trust or restricted or controlled lands at no less than fair market
value; requisite conditions
(a) Purchase of land
(1) In general
Subject to subsection (b), any Indian tribe
may purchase, at not less than fair market
value and with the consent of the owners of
the interests, part or all of the interests in—
(A) any tract of trust or restricted land
within the boundaries of the reservation of
the tribe; or
(B) land that is otherwise subject to the
jurisdiction of the tribe.
(2) Required consent
(A) In general
The Indian tribe may purchase all interests in a tract described in paragraph (1)
with the consent of the owners of undivided
interests equal to at least 50 percent of the
undivided interest in the tract.
(B) Interest owned by tribe
Interests owned by an Indian tribe in a
tract may be included in the computation of
the percentage of ownership of the undivided
interests in that tract for purposes of determining whether the consent requirement
under subparagraph (A) has been met.
(b) Conditions applicable to purchase
Subsection (a) applies on the condition that—
(1) any Indian owning any undivided interest, and in actual use and possession of such
tract for at least three years preceding the
tribal initiative, may purchase such tract by
matching the tribal offer;
(2) if at any time within five years following
the date of acquisition of such land by an individual pursuant to this section, such property
is offered for sale or a petition is filed with the
Secretary for removal of the property from
trust or restricted status, the tribe shall have
180 days from the date it is notified of such

Page 406

offer or petition to acquire such property by
paying to the owner the fair market value as
determined by the Secretary; and
(3) the approval of the Secretary shall be required for a land sale initiated under this section, except that such approval shall not be required with respect to a land sale transaction
initiated by an Indian tribe that has in effect
a land consolidation plan that has been approved by the Secretary under section 2203 of
this title.
(c) Partition of highly fractionated Indian lands
(1) Applicability
This subsection shall be applicable only to
parcels of land (including surface and subsurface interests, except with respect to a subsurface interest that has been severed from
the surface interest, in which case this subsection shall apply only to the surface interest) which the Secretary has determined, pursuant to paragraph (2)(B),1 to be parcels of
highly fractionated Indian land.
(2) Requirements
Each partition action under this subsection
shall be conducted by the Secretary in accordance with the following requirements:
(A) Application
Upon receipt of any payment or bond required under subparagraph (B), the Secretary shall commence a process for partitioning a parcel of land by sale in accordance with the provisions of this subsection
upon receipt of an application by—
(i) the Indian tribe with jurisdiction over
the subject land that owns an undivided
interest in the parcel of land; or
(ii) any person owning an undivided interest in the parcel of land who is eligible
to bid at the sale of the parcel pursuant to
subclause (II), (III), or (IV) of subparagraph (I)(i);
provided that no such application shall be
valid or considered if it is received by the
Secretary prior to the date that is 1 year
after the date on which notice is published
pursuant to section 8(a)(4) of the American
Indian Probate Reform Act of 2004.
(B) Costs of serving notice and publication
The costs of serving and publishing notice
under subparagraph (F) shall be borne by the
applicant. Upon receiving written notice
from the Secretary, the applicant must pay
to the Secretary an amount determined by
the Secretary to be the estimated costs of
such service of notice and publication, or
furnish a sufficient bond for such estimated
costs within the time stated in the notice,
failing which, unless an extension is granted
by the Secretary, the Secretary shall not be
required to commence the partition process
under subparagraph (A) and may deny the
application. The Secretary shall have the
discretion and authority in any case to
waive either the payment or the bond (or
any portion of such payment or bond) other1 So

in original. Probably should be paragraph ‘‘(2)(C),’’.

Page 407

TITLE 25—INDIANS

wise required by this subparagraph, upon
making a determination that such waiver
will further the policies of this chapter.
(C) Determination
Upon receipt of an application pursuant to
subparagraph (A), the Secretary shall determine whether the subject parcel meets the
requirements set forth in section 2201(6) of
this title to be classified as a parcel of highly fractionated Indian land.
(D) Consent requirements
(i) In general
A parcel of land may be partitioned
under this subsection only if the applicant
obtains the written consent of—
(I) the Indian tribe with jurisdiction
over the subject land if such Indian tribe
owns an undivided interest in the parcel;
(II) any owner who, for the 3-year period immediately preceding the date on
which the Secretary receives the application, has
(aa) continuously maintained a bona
fide residence on the parcel; or
(bb) operated a bona fide farm,
ranch, or other business on the parcel;
and
(III) the owners (including parents of
minor owners and legal guardians of incompetent owners) of at least 50 percent
of the undivided interests in the parcel,
but only in cases where the Secretary determines that, based on the final appraisal prepared pursuant to subparagraph (F), any 1 owner’s total undivided
interest in the parcel (not including the
interest of an Indian tribe or that of the
owner requesting the partition) has a
value in excess of $1,500.
Any consent required by this clause must
be in writing and acknowledged before a
notary public (or other official authorized
to make acknowledgments), and shall be
approved by the Secretary unless the Secretary has reason to believe that the consent was obtained as a result of fraud or
undue influence.
(ii) Consent by the Secretary on behalf of
certain individuals
For the purposes of clause (i)(III), the
Secretary may consent on behalf of—
(I) undetermined heirs of trust or restricted interests and owners of such interests who are minors and legal incompetents having no parents or legal guardian; and
(II) missing owners or owners of trust
or restricted interests whose whereabouts are unknown, but only after a
search for such owners has been completed in accordance with the provisions
of this subsection.
(E) Appraisal
After the Secretary has determined that
the subject parcel is a parcel of highly fractionated Indian land pursuant to subparagraph (C), the Secretary shall cause to be

§ 2204

made, in accordance with the provisions of
this chapter for establishing fair market
value, an appraisal of the fair market value
of the subject parcel.
(F) Notice to owners on completion of appraisal
Upon completion of the appraisal, the Secretary shall give notice of the requested partition and appraisal to all owners of undivided interests in the parcel, in accordance
with principles of due process. Such notice
shall include the following requirements:
(i) Written notice
The Secretary shall attempt to give each
owner written notice of the partition action stating the following:
(I) That a proceeding to partition the
parcel of land by sale has been commenced.
(II) The legal description of the subject
parcel.
(III) The owner’s ownership interest in
the subject parcel as evidenced by the
Secretary’s records as of the date that
owners are determined in accordance
with clause (ii).
(IV) The results of the appraisal.
(V) The owner’s right to receive a copy
of the appraisal upon written request.
(VI) The owner’s right to comment on
or object to the proposed partition and
the appraisal.
(VII) That the owner must timely comment on or object in writing to the proposed partition or the appraisal, in order
to receive notice of approval of the appraisal and right to appeal.
(VIII) The date by which the owner’s
written comments or objections must be
received, which shall not be less than 90
days after the date that the notice is
mailed under this clause or last published under clause (ii)(II).
(IX) The address for requesting copies
of the appraisal and for submitting written comments or objections.
(X) The name and telephone number of
the official to be contacted for purposes
of obtaining information regarding the
proceeding, including the time and date
of the auction of the land or the date for
submitting sealed bids.
(XI) Any other information the Secretary deems to be appropriate.
(ii) Manner of service
(I) Service by certified mail
The Secretary shall use due diligence
to provide all owners of interests in the
subject parcel, as evidenced by the Secretary’s records at the time of the determination under subparagraph (C), with
actual notice of the partition proceedings by mailing a copy of the written notice described in clause (i) by certified
mail, restricted delivery, to each such
owner at the owner’s last known address.
For purposes of this subsection, owners
shall be determined from the Secretary’s
land title records as of the date of the

§ 2204

TITLE 25—INDIANS

determination under subparagraph (C) or
a date that is not more than 90 days
prior to the date of mailing under this
clause, whichever is later. In the event
the written notice to an owner is returned undelivered, the Secretary shall
attempt to obtain a current address for
such owner by conducting a reasonable
search (including a reasonable search of
records maintained by local, State, Federal and tribal governments and agencies) and by inquiring with the Indian
tribe with jurisdiction over the subject
parcel, and, if different from that tribe,
the Indian tribe of which the owner is a
member, and, if successful in locating
any such owner, send written notice by
certified mail in accordance with this
subclause.
(II) Notice by publication
The Secretary shall give notice by publication of the partition proceedings to
all owners that the Secretary was unable
to serve pursuant to subclause (I), and to
unknown heirs and assigns by—
(aa) publishing the notice described
in clause (i) at least 2 times in a newspaper of general circulation in the
county or counties where the subject
parcel of land is located or, if there is
an Indian tribe with jurisdiction over
the parcel of land and that tribe publishes a tribal newspaper or newsletter
at least once every month, 1 time in
such newspaper of general circulation
and 1 time in such tribal newspaper or
newsletter;
(bb) posting such notice in a conspicuous place in the tribal headquarters or administration building (or
such other tribal building determined
by the Secretary to be most appropriate for giving public notice) of the
Indian tribe with jurisdiction over the
parcel of land, if any; and
(cc) in addition to the foregoing, in
the Secretary’s discretion, publishing
notice in any other place or means
that the Secretary determines to be
appropriate.
(G) Review of comments on appraisal
(i) In general
After reviewing and considering comments or information timely submitted by
any owner of an interest in the parcel in
response to the notice required under subparagraph (F), the Secretary may, consistent with the provisions of this chapter for
establishing fair market value—
(I) order a new appraisal; or
(II) approve the appraisal;
provided that if the Secretary orders a new
appraisal under subclause (I), notice of the
new appraisal shall be given as specified in
clause (ii).
(ii) Notice
Notice shall be given—
(I) in accordance with subparagraph
(H), where the new appraisal results in a

Page 408

value of the land that is equal to or
greater than that of the earlier appraisal; or
(II) in accordance with subparagraph
(F)(ii), where the new appraisal results
in a lower valuation of the land.
(H) Notice to owners of approval of appraisal
and right to appeal
Upon making the determination under
subparagraph (G), the Secretary shall provide to the Indian tribe with jurisdiction
over the subject land and to all persons who
submitted written comments on or objections to the proposed partition or appraisal,
a written notice to be served on such tribe
and persons by certified mail. Such notice
shall state—
(i) the results of the appraisal;
(ii) that the owner has the right to review a copy of the appraisal upon request;
(iii) that the land will be sold for not less
than the appraised value, subject to the
consent requirements under paragraph
(2)(D);
(iv) the time of the sale or for submitting bids under subparagraph (I);
(v) that the owner has the right, under
the Secretary’s regulations governing administrative appeals, to pursue an administrative appeal from—
(I) the determination that the land
may be partitioned by sale under the
provisions of this section; and
(II) the Secretary’s order approving the
appraisal;
(vi) the date by which an administrative
appeal must be taken, a citation to the
provisions of the Secretary’s regulations
that will govern the owner’s appeal, and
any other information required by such
regulations to be given to parties affected
by adverse decisions of the Secretary;
(vii) in cases where the Secretary determines that any person’s undivided trust or
restricted interest in the parcel exceeds
$1,500 pursuant to paragraph (2)(D)(iii),
that the Secretary has authority to consent to the partition on behalf of undetermined heirs of trust or restricted interests
in the parcel and owners of such interests
whose whereabouts are unknown; and
(viii) any other information the Secretary deems to be appropriate.
(I) Sale to eligible purchaser
(i) In general
Subject to clauses (ii) and (iii) and the
consent requirements of paragraph (2)(D),
the Secretary shall, after providing notice
to owners under subparagraph (H), including the time and place of sale or for receiving sealed bids, at public auction or by
sealed bid (whichever of such methods of
sale the Secretary determines to be more
appropriate under the circumstances) sell
the parcel of land by competitive bid for
not less than the final appraised fair market value to the highest bidder from
among the following eligible bidders:
(I) The Indian tribe, if any, with jurisdiction over the trust or restricted interests in the parcel being sold.

Page 409

TITLE 25—INDIANS

(II) Any person who is a member, or is
eligible to be a member, of the Indian
tribe described in subclause (I).
(III) Any person who is a member, or is
eligible to be a member, of an Indian
tribe but not of the tribe described in
subclause (I), but only if such person already owns an undivided interest in the
parcel at the time of sale.
(IV) Any lineal descendent of the original allottee of the parcel who is a member or is eligible to be a member of an
Indian tribe or, with respect to a parcel
located in the State of California that is
not within an Indian tribe’s reservation
or not otherwise subject to the jurisdiction of an Indian tribe, who is a member,
or eligible to be a member, of an Indian
tribe or owns a trust or restricted interest in the parcel.
(ii) Right to match highest bid
If the highest bidder is a person who is
only eligible to bid under clause (i)(III),
the Indian tribe that has jurisdiction over
the parcel, if any, shall have the right to
match the highest bid and acquire the parcel, but only if—
(I) prior to the date of the sale, the
governing body of such tribe has adopted
a tribal law or resolution reserving its
right to match the bids of such nonmember bidders in partition sales under
this subsection and delivered a copy of
such law or resolution to the Secretary;
and
(II) the parcel is not acquired under
clause (iii).
(iii) Right to purchase
Any person who is a member, or eligible
to be a member, of the Indian tribe with
jurisdiction over the trust or restricted interests in the parcel being sold and is, as of
the time of sale under this subparagraph,
the owner of the largest undivided interest
in the parcel shall have a right to purchase
the parcel by tendering to the Secretary
an amount equal to the highest sufficient
bid submitted at the sale, less that amount
of the bid attributable to such owner’s
share, but only if—
(I) the owner submitted a sufficient bid
at the sale;
(II) the owner’s total undivided interest in the parcel immediately prior to
the sale was—
(aa) greater than the undivided interest held by any other co-owners, except
where there are 2 or more co-owners
whose interests are of equal size but
larger than the interests of all other
co-owners and such owners of the largest interests have agreed in writing
that 1 of them may exercise the right
of purchase under this clause; and
(bb) equal to or greater than 20 percent of the entire undivided ownership
of the parcel;
(III) within 3 days following the date of
the auction or for receiving sealed bids,

§ 2204

and in accordance with the regulations
adopted to implement this section (if
any), the owner delivers to the Secretary
a written notice of intent to exercise the
owner’s rights under this clause; and
(IV) such owner tenders the amount of
the purchase price required under this
clause—
(aa) not more than 30 days after the
date of the auction or time for receiving sealed bids; and
(bb) in accordance with any requirements of the regulations promulgated
under paragraph (5).
(iv) Interest acquired
A purchaser of a parcel of land under
this subparagraph shall acquire title to the
parcel in trust or restricted status, free
and clear of any and all claims of title or
ownership of all persons or entities (not including the United States) owning or
claiming to own an interest in such parcel
prior to the time of sale.
(J) Proceeds of sale
(i) Subject to clauses (ii) and (iii), the Secretary shall distribute the proceeds of sale of
a parcel of land under the provisions of this
section to the owners of interests in such
parcel in proportion to their respective ownership interests.
(ii) Proceeds attributable to the sale of
trust or restricted interests shall be maintained in accounts as trust personalty.
(iii) Proceeds attributable to the sale of interests of owners whose whereabouts are unknown, of undetermined heirs, and of other
persons whose ownership interests have not
been recorded shall be held by the Secretary
until such owners, heirs, or other persons
have been determined, at which time such
proceeds shall be distributed in accordance
with clauses (i) and (ii).
(K) Lack of bids or consent
(i) Lack of bids
If no bidder described in subparagraph (I)
presents a bid that equals or exceeds the
final appraised value, the Secretary may
either—
(I) purchase the parcel of land for its
appraised fair market value on behalf of
the Indian tribe with jurisdiction over
the land, subject to the lien and procedures provided under section 2213(b) of
this title; or
(II) terminate the partition process.
(ii) Lack of consent
If an applicant fails to obtain any applicable consent required under the provisions of subparagraph (D) by the date established by the Secretary prior to the
proposed sale, the Secretary may either
extend the time for obtaining any such
consent or deny the request for partition.
(3) Enforcement
(A) In general
If a partition is approved under this subsection and an owner of an interest in the

§ 2204

TITLE 25—INDIANS

parcel of land refuses to surrender possession in accordance with the partition decision, or refuses to execute any conveyance
necessary to implement the partition, then
any affected owner or the United States
may—
(i) commence a civil action in the United
States district court for the district in
which the parcel of land is located; and
(ii) request that the court issue an order
for ejectment or any other appropriate
remedy necessary for the partition of the
land by sale.
(B) Federal role
With respect to any civil action brought
under subparagraph (A)—
(i) the United States—
(I) shall receive notice of the civil action; and
(II) may be a party to the civil action;
and
(ii) the civil action shall not be dismissed, and no relief requested shall be denied, on the ground that the civil action is
against the United States or that the
United States is a necessary and indispensable party.
(4) Grants and loans
The Secretary may provide grants and low
interest loans to successful bidders at sales
authorized by this subsection, provided that—
(A) the total amount of such assistance in
any such sale shall not exceed 20 percent of
the appraised value of the parcel of land
sold; and
(B) the grant or loan funds provided shall
only be applied toward the purchase price of
the parcel of land sold.
(5) Regulations
The Secretary is authorized to adopt such
regulations as may be necessary to implement
the provisions of this subsection. Such regulations may include provisions for giving notice
of sales to prospective purchasers eligible to
submit bids at sales conducted under paragraph (2)(I).
(Pub. L. 97–459, title II, § 205, Jan. 12, 1983, 96
Stat. 2517; Pub. L. 98–608, § 1(2), Oct. 30, 1984, 98
Stat. 3171; Pub. L. 106–462, title I, § 103(2), Nov. 7,
2000, 114 Stat. 1993; Pub. L. 108–374, §§ 4, 6(a)(1),
Oct. 27, 2004, 118 Stat. 1787, 1797; Pub. L. 109–157,
§§ 2, 8(a)(1), Dec. 30, 2005, 119 Stat. 2949, 2952; Pub.
L. 110–453, title II, § 207(b), Dec. 2, 2008, 122 Stat.
5030.)
REFERENCES IN TEXT
Section 8(a)(4) of the American Indian Probate Reform Act of 2004, referred to in subsec. (c)(2)(A), is section 8(a)(4) of Pub. L. 108–374, which is set out as a note
under section 2201 of this title.
This chapter, referred to in subsec. (c)(2)(B), (E),
(G)(i), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L.
97–459, to reflect the probable intent of Congress.
AMENDMENTS
2008—Subsec. (c)(2)(D)(i). Pub. L. 110–453 substituted
‘‘by the Secretary’’ for ‘‘by Secretary’’ in concluding
provisions.

Page 410

2005—Subsec. (a). Pub. L. 109–157, § 2(1), added subsec.
(a) and struck out heading and text of former subsec.
(a). Text read as follows: ‘‘Subject to subsection (b) of
this section, any Indian tribe may purchase at no less
than the fair market value part or all of the interests
in any tract of trust or restricted land within that
tribe’s reservation or otherwise subject to that tribe’s
jurisdiction with the consent of the owners of such interests. The tribe may purchase all of the interests in
such tract with the consent of the owners of undivided
interests equal to at least 50 percent of the undivided
interest in such tract. Interests owned by an Indian
tribe in a tract may be included in the computation of
the percentage of ownership of the undivided interests
in that tract for purposes of determining whether the
consent requirement under the preceding sentence has
been met.’’
Subsec. (c). Pub. L. 109–157, § 2(2), redesignated subsec.
(d) as (c). Prior to amendment, no subsec. (c) had been
enacted.
Subsec. (c)(2)(G)(ii)(I). Pub. L. 109–157, § 2(3)(A)(i), substituted ‘‘a value of the land that is equal to or greater
than that of the earlier appraisal’’ for ‘‘a higher valuation of the land’’.
Subsec. (c)(2)(I)(iii)(III). Pub. L. 109–157, § 2(3)(A)(ii)(I),
inserted ‘‘(if any)’’ after ‘‘this section’’.
Subsec.
(c)(2)(I)(iii)(IV)(aa).
Pub.
L.
109–157,
§ 2(3)(A)(ii)(II)(aa), substituted ‘‘more’’ for ‘‘less’’.
Subsec.
(c)(2)(I)(iii)(IV)(bb).
Pub.
L.
109–157,
§ 2(3)(A)(ii)(II)(bb), substituted ‘‘under paragraph (5)’’
for ‘‘to implement this section’’.
Subsec. (c)(5). Pub. L. 109–157, § 2(3)(B), in second sentence, substituted ‘‘may’’ for ‘‘shall’’.
Subsec. (d). Pub. L. 109–157, § 8(a)(1), amended directory language of Pub. L. 108–374, § 4. See 2004 Amendment note below.
Pub. L. 109–157, § 2(2), redesignated subsec. (d) as (c).
2004—Subsec. (a). Pub. L. 108–374, § 6(a)(1), in second
sentence, substituted ‘‘undivided interests equal to at
least 50 percent of the undivided interest’’ for ‘‘over 50
per centum of the undivided interests’’.
Subsec. (d). Pub. L. 108–374, § 4, as amended by Pub. L.
109–157, § 8(a)(1), added subsec. (d).
2001—Pub. L. 106–462, § 103(2)(A)(iii), which directed
substitution of subsec. (b) designation and heading and
‘‘Subsection (a) applies on the condition that—’’ for
‘‘: Provided, That—’’, was executed by making the substitution for ‘‘Provided, That—’’ to reflect the probable
intent of Congress and the amendment by Pub. L.
106–462, § 103(2)(A)(ii). See below.
Pub. L. 106–462, § 103(2)(A)(i), (ii), substituted subsec.
(a) designation and heading and ‘‘Subject to subsection
(b), any Indian’’ for ‘‘Any Indian’’ and ‘‘. Interests
owned by an Indian tribe in a tract may be included in
the computation of the percentage of ownership of the
undivided interests in that tract for purposes of determining whether the consent requirement under the preceding sentence has been met.’’ for the colon before
‘‘Provided, That—’’.
Subsec. (b)(2). Pub. L. 106–462, § 103(2)(B)(ii), inserted
‘‘and’’ at end.
Pub. L. 106–462, § 103(2)(B)(i), which directed substitution of ‘‘if’’ for ‘‘If,’’, was executed by making the
substitution for ‘‘if,’’ to reflect the probable intent of
Congress.
Subsec. (b)(3). Pub. L. 106–462, § 103(2)(C), added par.
(3) and struck out former par. (3) which read as follows:
‘‘all purchases and sales initiated under this section
shall be subject to approval by the Secretary.’’
1984—Pub. L. 98–608 amended section generally, substituting ‘‘the owners of such interests. The tribe may
purchase all of the interests in such tract with the consent of the owners of over 50 per centum of the undivided interests in such tract’’ for ‘‘of over 50 per centum of the owners or with the consent of the owners of
over 50 per centum of undivided interests in such tract’’
before proviso.
Par. (1). Pub. L. 98–608 redesignated par. (2) as (1) and
inserted ‘‘for at least three years preceding the tribal
initiative,’’ before ‘‘may purchase such tract’’. Former

Page 411

TITLE 25—INDIANS

par. (1), which provided that no such tract shall be acquired by any Indian or tribe over the objections of
three or less owners owning 50 per centum or more of
the total interest in such tract, was struck out.
Par. (2). Pub. L. 98–608 added par. (2). Former par. (2)
redesignated (1).
Pars. (3), (4). Pub. L. 98–608 redesignated par. (4) as (3),
and in par. (3), as so redesignated, substituted ‘‘subject
to approval’’ for ‘‘approved’’ and struck out former par.
(3), which provided that ‘‘this section shall not apply to
any tract of land owned by less than fifteen persons;
and’’.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.
SEVERABILITY
Invalidity of any provision of Pub. L. 108–374 not to
affect validity of remaining provisions, except that
each of subcls. (II), (III), or (IV) of subsection (c)(2)(I)(i)
of this section deemed to be inseverable from the other
two, such that invalidity of any one subcl. renders the
other two without effect, see section 9 of Pub. L.
108–374, as amended, set out as a note under section 2201
of this title.

§ 2205. Tribal probate codes; acquisitions of fractional interests by tribes
(a) Tribal probate codes
(1) In general
Notwithstanding any other provision of law,
any Indian tribe may adopt a tribal probate
code to govern descent and distribution of
trust or restricted lands that are—
(A) located within that Indian tribe’s reservation; or
(B) otherwise subject to the jurisdiction of
that Indian tribe.
(2) Possible inclusions
A tribal probate code referred to in paragraph (1) may include—
(A) rules of intestate succession; and
(B) other tribal probate code provisions
that are consistent with Federal law and
that promote the policies set forth in section 102 of the Indian Land Consolidation
Act Amendments of 2000.
(3) Tribal probate codes
Except as provided in any applicable Federal
law, the Secretary shall not approve a tribal
probate code, or an amendment to such a code,
that prohibits the devise of an interest in
trust or restricted land to—
(A) an Indian lineal descendant of the
original allottee; or
(B) an Indian who is not a member of the
Indian tribe with jurisdiction over such an
interest;
unless the code provides for—
(i) the renouncing of interests to eligible
devisees in accordance with the code;
(ii) the opportunity for a devisee who is
the spouse or lineal descendant of a testator to reserve a life estate without regard to waste; and
(iii) payment of fair market value in the
manner prescribed under subsection (c)(2).
(b) Secretarial approval
(1) In general
Any tribal probate code enacted under subsection (a), and any amendment to such a trib-

§ 2205

al probate code, shall be subject to the approval of the Secretary.
(2) Review and approval
(A) In general
Each Indian tribe that adopts a tribal probate code under subsection (a) shall submit
that code to the Secretary for review. Not
later than 180 days after a tribal probate
code is submitted to the Secretary under
this paragraph, the Secretary shall review
and approve or disapprove that tribal probate code.
(B) Consequence of failures to approve or
disapprove a tribal probate code
If the Secretary fails to approve or disapprove a tribal probate code submitted for
review under subparagraph (A) by the date
specified in that subparagraph, the tribal
probate code shall be deemed to have been
approved by the Secretary, but only to the
extent that the tribal probate code is consistent with Federal law and promotes the
policies set forth in section 102 of the Indian
Land Consolidation Act Amendments of 2000.
(C) Consistency of tribal probate code with
chapter
The Secretary may not approve a tribal
probate code, or any amendment to such a
code, under this paragraph unless the Secretary determines that the tribal probate
code promotes the policies set forth in section 102 of the Indian Land Consolidation
Act Amendments of 2000.
(D) Explanation
If the Secretary disapproves a tribal probate code, or an amendment to such a code,
under this paragraph, the Secretary shall include in the notice of disapproval to the Indian tribe a written explanation of the reasons for the disapproval.
(E) Amendments
(i) In general
Each Indian tribe that amends a tribal
probate code under this paragraph shall
submit the amendment to the Secretary
for review and approval. Not later than 60
days after receiving an amendment under
this subparagraph, the Secretary shall review and approve or disapprove the amendment.
(ii) Consequence of failure to approve or
disapprove an amendment
If the Secretary fails to approve or disapprove an amendment submitted under
clause (i), the amendment shall be deemed
to have been approved by the Secretary,
but only to the extent that the amendment is consistent with Federal law and
promotes the policies set forth in section
102 of the Indian Land Consolidation Act 1
of 2000.
(3) Effective dates
A tribal probate code approved under paragraph (2) shall become effective on the later
of—
1 So in original. Probably should be followed by ‘‘Amendments’’.

§ 2205

TITLE 25—INDIANS

(A) the date that is 1 year after the date on
which the Secretary makes the certification
required under section 8(a)(4) of the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108–374); or
(B) 180 days after the date of approval.
(4) Limitations
(A) Tribal probate codes
Each tribal probate code enacted under
subsection (a) shall apply only to the estate
of a decedent who dies on or after the effective date of the tribal probate code.
(B) Amendments to tribal probate codes
With respect to an amendment to a tribal
probate code referred to in subparagraph (A),
that amendment shall apply only to the estate of a decedent who dies on or after the
effective date of the amendment.
(5) Repeals
The repeal of a tribal probate code shall—
(A) not become effective earlier than the
date that is 180 days after the Secretary receives notice of the repeal; and
(B) apply only to the estate of a decedent
who dies on or after the effective date of the
repeal.
(c) Authority available to Indian tribes
(1) Authority
(A) In general
If the owner of an interest in trust or restricted land devises an interest in such land
to a non-Indian under section 2206(b)(2)(A)(ii)
of this title, the Indian tribe that exercises
jurisdiction over the parcel of land involved
may acquire such interest by paying to the
Secretary the fair market value of such interest, as determined by the Secretary on
the date of the decedent’s death.
(B) Transfer
The Secretary shall transfer payments received under subparagraph (A) to any person
or persons who would have received an interest in land if the interest had not been acquired by the Indian tribe in accordance
with this paragraph.
(2) Limitation
(A) Inapplicability to certain interests
(i) In general
Paragraph (1) shall not apply to an interest in trust or restricted land if—
(I) while the decedent’s estate is pending before the Secretary, the non-Indian
devisee renounces the interest in favor of
an Indian person; or
(II)(aa) the interest is part of a family
farm that is devised to a member of the
family of the decedent; and
(bb) the devisee agrees in writing that
the Indian tribe with jurisdiction over
the land will have the opportunity to acquire the interest for fair market value
if the interest is offered for sale to a person or entity that is not a member of the
family of the owner of the land.
(ii) Recording of interest
On request by the Indian tribe described
in clause (i)(II)(bb), a restriction relating

Page 412

to the acquisition by the Indian tribe of an
interest in a family farm involved shall be
recorded as part of the deed relating to the
interest involved.
(iii) Mortgage and foreclosure
Nothing in clause (i)(II) limits—
(I) the ability of an owner of land to
which that clause applies to mortgage
the land; or
(II) the right of the entity holding such
a mortgage to foreclose or otherwise enforce such a mortgage agreement in accordance with applicable law.
(iv) Definition of ‘‘member of the family’’
In this paragraph, the term ‘‘member of
the family’’, with respect to a decedent or
landowner, means—
(I) a lineal descendant of a decedent or
landowner;
(II) a lineal descendant of the grandparent of a decedent or landowner;
(III) the spouse of a descendant or
landowner described in subclause (I) or
(II); and
(IV) the spouse of a decedent or landowner.
(B) Reservation of life estate
A non-Indian devisee described in paragraph (1), may retain a life estate in the interest involved, including a life estate to the
revenue produced from the interest. The
amount of any payment required under paragraph (1) shall be reduced to reflect the
value of any life estate reserved by a non-Indian devisee under this subparagraph.
(3) Payments
With respect to payments by an Indian tribe
under paragraph (1), the Secretary shall—
(A) upon the request of the tribe, allow a
reasonable period of time, not to exceed 2
years, for the tribe to make payments of
amounts due pursuant to paragraph (1); or
(B) recognize alternative agreed upon exchanges of consideration or extended payment terms between the non-Indian devisee
described in paragraph (1) and the tribe in
satisfaction of the payment under paragraph
(1).
(d) Use of proposed findings by tribal justice systems
(1) Tribal justice system defined
In this subsection, the term ‘‘tribal justice
system’’ has the meaning given that term in
section 3602 of this title.
(2) Regulations
The Secretary by regulation may provide for
the use of findings of fact and conclusions of
law, as rendered by a tribal justice system, as
proposed findings of fact and conclusions of
law in the adjudication of probate proceedings
by the Department of the Interior.
(Pub. L. 97–459, title II, § 206, as added Pub. L.
106–462, title I, § 103(3), Nov. 7, 2000, 114 Stat. 1993;
amended Pub. L. 108–374, § 6(a)(3), Oct. 27, 2004,
118 Stat. 1799; Pub. L. 109–157, § 3, Dec. 30, 2005,
119 Stat. 2950.)

Page 413

TITLE 25—INDIANS
REFERENCES IN TEXT

Section 102 of the Indian Land Consolidation Act
Amendments of 2000, referred to in subsecs. (a)(2)(B),
(b)(2)(B), (C), (E)(ii), is section 102 of Pub. L. 106–462,
which is set out as a note under section 2201 of this
title.
This chapter, referred to in subsec. (b)(2)(C), was in
the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
PRIOR PROVISIONS
A prior section 2205, Pub. L. 97–459, title II, § 206, Jan.
12, 1983, 96 Stat. 2518; Pub. L. 98–608, § 1(3), Oct. 30, 1984,
98 Stat. 3172, related to descent and distribution of
trust or restricted or controlled lands, tribal ordinance
barring nonmembers of tribe or non-Indians from inheritance by devise or descent, and limitation on life estate, prior to repeal by Pub. L. 106–462, title I, § 103(3),
Nov. 7, 2000, 114 Stat. 1993.
AMENDMENTS
2005—Subsec. (b)(3)(A). Pub. L. 109–157, § 3(1), added
subpar. (A) and struck out former subpar. (A) which
read as follows: ‘‘the date specified in section 2206(g)(5)
of this title; or’’.
Subsec. (c)(1)(A). Pub. L. 109–157, § 3(2)(A), substituted
‘‘section 2206(b)(2)(A)(ii)’’ for ‘‘section 2206(a)(6)(A)’’.
Subsec. (c)(2)(A)(i)(II)(bb). Pub. L. 109–157, § 3(2)(B), inserted ‘‘in writing’’ after ‘‘agrees’’.
2004—Subsec. (a)(3). Pub. L. 108–374, § 6(a)(3)(A), added
par. (3) and struck out heading and text of former par.
(3). Text read as follows: ‘‘The Secretary shall not approve a tribal probate code if such code prevents an Indian person from inheriting an interest in an allotment
that was originally allotted to his or her lineal ancestor.’’
Subsec. (c)(1). Pub. L. 108–374, § 6(a)(3)(B)(i)(I), (III),
substituted ‘‘Authority’’ for ‘‘In general’’ in heading,
designated existing provisions as subpar. (A), inserted
heading, and struck out at end ‘‘The Secretary shall
transfer such payment to the devisee.’’, and added subpar. (B).
Subsec. (c)(1)(A). Pub. L. 108–374, § 6(a)(3)(B)(i)(II),
which
directed
the
substitution
of
‘‘section
207(b)(2)(A)(ii) of this title’’ for ‘‘section 207(a)(6)(A) of
this title’’ in the original, could not be executed, because ‘‘of this title’’ did not appear in the original.
Subsec. (c)(2)(A). Pub. L. 108–374, § 6(a)(3)(B)(ii)(I),
substituted ‘‘Inapplicability to certain interests’’ for
‘‘In general’’ in heading, designated existing provisions
as cl. (i) and inserted heading, inserted subcl. (I) designation and added subcl. (II), and added cls. (ii) to (iv).
Subsec. (c)(2)(B). Pub. L. 108–374, § 6(a)(3)(B)(ii)(II),
which directed the substitution of ‘‘paragraph (1)’’ for
‘‘subparagraph (A) or a non-Indian devisee described in
section 2206(a)(6)(B) of this title’’ was executed by making the substitution for language which did not contain
the words ‘‘of this title’’ in the original, to reflect the
probable intent of Congress.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.

§ 2206. Descent and distribution
(a) Nontestamentary disposition
(1) Rules of descent
Subject to any applicable Federal law relating to the devise or descent of trust or restricted property, any trust or restricted interest in land or interest in trust personalty
that is not disposed of by a valid will—
(A) shall descend according to an applicable tribal probate code approved in accordance with section 2205 of this title; or

§ 2206

(B) in the case of a trust or restricted interest in land or interest in trust personalty
to which a tribal probate code does not
apply, shall descend in accordance with—
(i) paragraphs (2) through (5); and
(ii) other applicable Federal law.
(2) 1 Rules governing descent of estate
(A) Surviving spouse
If there is a surviving spouse of the decedent, such spouse shall receive trust and restricted land and trust personalty in the estate as follows:
(i) If the decedent is survived by 1 or
more eligible heirs described in subparagraph (B)(i), (ii), (iii), or (iv), the surviving
spouse shall receive 1⁄3 of the trust personalty of the decedent and a life estate without regard to waste in the interests in
trust or restricted lands of the decedent.
(ii) If there are no eligible heirs described in subparagraph (B)(i), (ii), (iii), or
(iv), the surviving spouse shall receive all
of the trust personalty of the decedent and
a life estate without regard to waste in the
trust or restricted lands of the decedent.
(iii) The remainder shall pass as set
forth in subparagraph (B).
(iv) Trust personalty passing to a surviving spouse under the provisions of this subparagraph shall be maintained by the Secretary in an account as trust personalty,
but only if such spouse is Indian.
(B) Individual and tribal heirs
Where there is no surviving spouse of the
decedent, or there is a remainder interest
pursuant to subparagraph (A), the trust or
restricted estate or such remainder shall,
subject to subparagraphs (A) and (D), pass as
follows:
(i) To those of the decedent’s children
who are eligible heirs (or if 1 or more of
such children do not survive the decedent,
the children of any such deceased child
who are eligible heirs, by right of representation, but only if such children of the deceased child survive the decedent) in equal
shares.
(ii) If the property does not pass under
clause (i), to those of the decedent’s surviving great-grandchildren who are eligible heirs, in equal shares.
(iii) If the property does not pass under
clause (i) or (ii), to the decedent’s surviving parent who is an eligible heir, and if
both parents survive the decedent and are
both eligible heirs, to both parents in
equal shares.
(iv) If the property does not pass under
clause (i), (ii), or (iii), to those of the decedent’s surviving siblings who are eligible
heirs, in equal shares.
(v) If the property does not pass under
clause (i), (ii), (iii), or (iv), to the Indian
tribe with jurisdiction over the interests
in trust or restricted lands;
except that notwithstanding clause (v), an
Indian co-owner (including the Indian tribe
1 So

in original. Another par. (2) follows par. (5).

§ 2206

TITLE 25—INDIANS

referred to in clause (v)) of a parcel of trust
or restricted land may acquire an interest
that would otherwise descend under that
clause by paying into the estate of the decedent, before the close of the probate of the
estate, the fair market value of the interest
in the land; if more than 1 Indian co-owner
offers to pay for such interest, the highest
bidder shall acquire the interest.
(C) No Indian tribe
(i) In general
If there is no Indian tribe with jurisdiction over the interests in trust or restricted lands that would otherwise descend under subparagraph (B)(v), then such
interests shall be divided equally among
co-owners of trust or restricted interests
in the parcel; if there are no such co-owners, then to the United States, provided
that any such interests in land passing to
the United States under this subparagraph
shall be sold by the Secretary and the proceeds from such sale deposited into the
land acquisition fund established under
section 2215 of this title and used for the
purposes described in subsection (b) of that
section.
(ii) Contiguous parcel
If the interests passing to the United
States under this subparagraph are in a
parcel of land that is contiguous to another parcel of trust or restricted land, the
Secretary shall give the owner or owners
of the trust or restricted interest in the
contiguous parcel the first opportunity to
purchase the interest at not less than fair
market value determined in accordance
with this chapter. If more than 1 such
owner in the contiguous parcel request to
purchase the parcel, the Secretary shall
sell the parcel by public auction or sealed
bid (as determined by the Secretary) at
not less than fair market value to the
owner of a trust or restricted interest in
the contiguous parcel submitting the highest bid.
(D) Intestate descent of small fractional interests in land
(i) General rule
Notwithstanding subparagraphs (A) and
(B), and subject to any applicable Federal
law, any trust or restricted interest in
land in the decedent’s estate that is not
disposed of by a valid will and represents
less than 5 percent of the entire undivided
ownership of the parcel of land of which
such interest is a part, as evidenced by the
decedent’s estate inventory at the time of
the heirship determination, shall descend
in accordance with clauses (ii) through (v).
(ii) Surviving spouse
If there is a surviving spouse, and such
spouse was residing on a parcel of land described in clause (i) at the time of the decedent’s death, the spouse shall receive a
life estate without regard to waste in the
decedent’s trust or restricted interest in
only such parcel, and the remainder inter-

Page 414

est in that parcel shall pass in accordance
with clause (iii).
(iii) Single heir rule
Where there is no life estate created
under clause (ii) or there is a remainder interest under that clause, the trust or restricted interest or remainder interest
that is subject to this subparagraph shall
descend, in trust or restricted status, to—
(I) the decedent’s surviving child, but
only if such child is an eligible heir; and
if 2 or more surviving children are eligible heirs, then to the oldest of such children;
(II) if the interest does not pass under
subclause (I), the decedent’s surviving
grandchild, but only if such grandchild is
an eligible heir; and if 2 or more surviving grandchildren are eligible heirs, then
to the oldest of such grandchildren;
(III) if the interest does not pass under
subclause (I) or (II), the decedent’s surviving great grandchild, but only if such
great grandchild is an eligible heir; and
if 2 or more surviving great grandchildren are eligible heirs, then to the
oldest of such great grandchildren;
(IV) if the interest does not pass under
subclause (I), (II), or (III), the Indian
tribe with jurisdiction over the interest;
or
(V) if the interest does not pass under
subclause (I), (II), or (III), and there is no
such Indian tribe to inherit the property
under subclause (IV), the interest shall
be divided equally among co-owners of
trust or restricted interests in the parcel; and if there are no such co-owners,
then to the United States, to be sold, and
the proceeds from sale used, in the same
manner provided in subparagraph (C).
The determination of which person is the
oldest eligible heir for inheritance purposes
under this clause shall be made by the Secretary in the decedent’s probate proceeding
and shall be consistent with the provisions
of this chapter.
(iv) Exceptions
Notwithstanding clause (iii)—
(I)(aa) the heir of an interest under
this subparagraph, unless the heir is a
minor or incompetent person, may agree
in writing entered into the record of the
decedent’s probate proceeding to renounce such interest, in trust or restricted status, in favor of—
(AA) any other eligible heir or Indian
person related to the heir by blood, but
in any case never in favor of more than
1 such heir or person;
(BB) not more than 1 co-owner of another trust or restricted interest in
such parcel of land; or
(CC) the Indian tribe with jurisdiction over the interest, if any; and
(bb) the Secretary shall give effect to
such agreement in the distribution of the
interest in the probate proceeding; and
(II) the governing body of the Indian
tribe with jurisdiction over an interest

Page 415

TITLE 25—INDIANS

in trust or restricted land that is subject
to the provisions of this subparagraph
may adopt a rule of intestate descent applicable to such interest that differs
from the order of descent set forth in
clause (iii). The Secretary shall apply
such rule to the interest in distributing
the decedent’s estate, but only if—
(aa) a copy of the tribal rule is delivered to the official designated by the
Secretary to receive copies of tribal
rules for the purposes of this clause;
(bb) the tribal rule provides for the
intestate inheritance of such interest
by no more than 1 heir, so that the interest does not further fractionate;
(cc) the tribal rule does not apply to
any interest disposed of by a valid will;
(dd) the decedent died on or after the
date described in subsection (b) of section 8 of the American Indian Probate 2
Act of 2004, or on or after the date on
which a copy of the tribal rule was delivered to the Secretary pursuant to
item (aa), whichever is later; and
(ee) the Secretary does not make a
determination within 90 days after a
copy of the tribal rule is delivered pursuant to item (aa) that the rule would
be unreasonably difficult to administer
or does not conform with the requirements in item (bb) or (cc).
(v) Effect of subparagraph
Nothing in this subparagraph limits the
right of any person to devise any trust or
restricted interest pursuant to a valid will
in accordance with subsection (b).
(3) Right of representation
If, under this subsection, all or any part of
the estate of a decedent is to pass to children
of a deceased child by right of representation,
that part is to be divided into as many equal
shares as there are living children of the decedent and pre-deceased children who left issue
who survive the decedent. Each living child of
the decedent, if any, shall receive 1 share, and
the share of each pre-deceased child shall be
divided equally among the pre-deceased child’s
children.
(4) Special rule relating to survival
In the case of intestate succession under this
subsection, if an individual fails to survive the
decedent by at least 120 hours, as established
by clear and convincing evidence—
(A) the individual shall be deemed to have
predeceased the decedent for the purpose of
intestate succession; and
(B) the heirs of the decedent shall be determined in accordance with this section.
(5) Status of inherited interests
Except as provided in paragraphs (2)(A) and
(D) regarding the life estate of a surviving
spouse, a trust or restricted interest in land or
trust personalty that descends under the provisions of this subsection shall vest in the heir
in the same trust or restricted status as such

interest was held immediately prior to the decedent’s death.
(2) 3 Intestate descent of permanent improvements
(A) Definition of covered permanent improvement
In this paragraph, the term ‘‘covered permanent improvement’’ means a permanent
improvement (including an interest in such
an improvement) that is—
(i) included in the estate of a decedent;
and
(ii) attached to a parcel of trust or restricted land that is also, in whole or in
part, included in the estate of that decedent.
(B) Rule of descent
Except as otherwise provided in a tribal
probate code approved under section 2205 of
this title or a consolidation agreement approved under subsection (j)(9), a covered permanent improvement in the estate of a decedent shall—
(i) descend to each eligible heir to whom
the trust or restricted interest in land in
the estate descends pursuant to this subsection; or
(ii) pass to the recipient of the trust or
restricted interest in land in the estate
pursuant to a renunciation under subsection (j)(8).
(C) Application and effect
The provisions of this paragraph apply to a
covered permanent improvement—
(i) even though that covered permanent
improvement is not held in trust; and
(ii) without altering or otherwise affecting the non-trust status of such a covered
permanent improvement.’ 4
(b) Testamentary disposition
(1) General devise of an interest in trust or restricted land
(A) In general
Subject to any applicable Federal law relating to the devise or descent of trust or restricted land, or a tribal probate code approved by the Secretary in accordance with
section 2205 of this title, the owner of a trust
or restricted interest in land may devise
such interest to—
(i) any lineal descendant of the testator;
(ii) any person who owns a preexisting
undivided trust or restricted interest in
the same parcel of land;
(iii) the Indian tribe with jurisdiction
over the interest in land; or
(iv) any Indian;
in trust or restricted status.
(B) Rules of interpretation
Any devise of a trust or restricted interest
in land pursuant to subparagraph (A) to an
Indian or the Indian tribe with jurisdiction
3 So
4 So

2 So

in original. Probably should be followed by ‘‘Reform’’.

§ 2206

pear.

in original. Another par. (2) follows par. (1).
in original. The quotation mark probably should not ap-

§ 2206

TITLE 25—INDIANS

over the interest shall be deemed to be a devise of the interest in trust or restricted
status. Any devise of a trust or restricted interest in land to a person who is only eligible to be a devisee under clause (i) or (ii) of
subparagraph (A) shall be presumed to be a
devise of the interest in trust or restricted
status unless language in such devise clearly
evidences an intent on the part of the testator that the interest is to pass as a life estate or fee interest in accordance with paragraph (2)(A).
(2) Devise of trust or restricted land as a life
estate or in fee
(A) In general
Except as provided under any applicable
Federal law, any trust or restricted interest
in land that is not devised in accordance
with paragraph (1)(A) may be devised only—
(i) as a life estate to any person, with the
remainder being devised only in accordance with subparagraph (B) or paragraph
(1); or
(ii) except as provided in subparagraph
(B), as a fee interest without Federal restrictions against alienation to any person
who is not eligible to be a devisee under
clause (iv) of paragraph (1)(A).
(B) Indian reorganization act lands
(i) In general
Subject to clauses (ii) and (iii), any interest’’; 5 in trust or restricted land that is
subject to section 5107 of this title, may be
devised only in accordance with—
(I) that section;
(II) subparagraph (A)(i); or
(III) paragraph (1)(A).
(ii) Exception
(I) In general
Notwithstanding clause (i), in any case
in which a resolution, law, or other duly
adopted enactment of the Indian tribe
with jurisdiction over the land of which
an interest described in clause (i) is a
part requests the Secretary to apply subparagraph (A)(ii) to devises of trust or
restricted land under the jurisdiction of
the Indian tribe, the interest may be devised in fee in accordance with subparagraph (A)(ii).
(II) Effect
Subclause (I) shall apply with respect
to a devise of a trust or restricted interest in land by any decedent who dies on
or after the date on which the applicable
Indian tribe adopts the resolution, law,
or other enactment described in subclause (I), regardless of the date on
which the devise is made.
(III) Notice of request
An Indian tribe shall provide to the
Secretary a copy of any resolution, law,
or other enactment of the Indian tribe
that requests the Secretary to apply subparagraph (A)(ii) to devises of trust or
5 So

in original.

Page 416

restricted land under the jurisdiction of
the Indian tribe.
(iii) Effect
Except as provided in clause (ii), nothing; and 6 in this section or in section 5107
of this title, shall be construed to authorize the devise of any interest in trust or restricted land that is subject to section 5107
of this title to any person as a fee interest
under subparagraph (A)(ii).
(3) General devise of an interest in trust personalty
(A) Trust personality 7 defined
The term ‘‘trust personalty’’ as used in
this section includes all funds and securities
of any kind which are held in trust in an individual Indian money account or otherwise
supervised by the Secretary.
(B) In general
Subject to any applicable Federal law relating to the devise or descent of such trust
personalty, or a tribal probate code approved
by the Secretary in accordance with section
2205 of this title, the owner of an interest in
trust personalty may devise such an interest
to any person or entity.
(C) Maintenance as trust personalty
In the case of a devise of an interest in
trust personalty to a person or Indian tribe
eligible to be a devisee under paragraph
(1)(A), the Secretary shall maintain and continue to manage such interests as trust personalty.
(D) Direct disbursement and distribution
In the case of a devise of an interest in
trust personalty to a person or Indian tribe
not eligible to be a devisee under paragraph
(1)(A), the Secretary shall directly disburse
and distribute such personalty to the devisee.
(4) Invalid devises and wills
(A) Land
Any trust or restricted interest in land
that is not devised in accordance with paragraph (1) or (2) or that is not disposed of by
a valid will shall descend in accordance with
the applicable law of intestate succession as
provided for in subsection (a).
(B) Personalty
Any trust personalty that is not disposed
of by a valid will shall descend in accordance
with the applicable law of intestate succession as provided for in subsection (a).
(c) Joint tenancy; right of survivorship
(1) Presumption of joint tenancy
If a testator devises trust or restricted interests in the same parcel of land to more than 1
person, in the absence of clear and express language in the devise stating that the interest is
to pass to the devisees as tenants in common,
the devise shall be presumed to create a joint
6 So in original. The semicolon and word ‘‘and’’ probably
should not appear.
7 So in original. Probably should be ‘‘personalty’’.

Page 417

TITLE 25—INDIANS

tenancy with the right of survivorship in the
interests involved.
(2) Exception
Paragraph (1) shall not apply to any devise
of an interest in trust or restricted land where
the will in which such devise is made was executed prior to the date that is 1 year after the
date on which the Secretary publishes the certification required by section 8(a)(4) of the
American Indian Probate Reform Act of 2004.
(d) Descent of off-reservation lands
(1) Indian reservation defined
For purposes of this subsection, the term
‘‘Indian reservation’’ includes lands located
within—
(A)(i) Oklahoma; and
(ii) the boundaries of an Indian tribe’s
former reservation (as defined and determined by the Secretary);
(B) the boundaries of any Indian tribe’s
current or former reservation; or
(C) any area where the Secretary is required to provide special assistance or consideration of a tribe’s acquisition of land or
interests in land.
(2) Descent
Except in the State of California, upon the
death of an individual holding an interest in
trust or restricted lands that are located outside the boundaries of an Indian reservation
and that are not subject to the jurisdiction of
any Indian tribe, that interest shall descend
either—
(A) by testate or intestate succession in
trust to an Indian; or
(B) in fee status to any other devises or
heirs.
(e) Approval of agreements
The official authorized to adjudicate the probate of trust or restricted lands shall have the
authority to approve agreements between a decedent’s heirs and devisees to consolidate interests in trust or restricted lands. The agreements
referred to in the preceding sentence may include trust or restricted lands that are not a
part of the decedent’s estate that is the subject
of the probate. The Secretary may promulgate
regulations for the implementation of this subsection.
(f) Estate planning assistance
(1) In general
(A) The activities conducted under this subsection shall be conducted in accordance with
any applicable—
(i) tribal probate code; or
(ii) tribal land consolidation plan.
(B) The Secretary shall provide estate planning assistance in accordance with this subsection, to the extent amounts are appropriated for such purpose.
(2) Requirements
The estate planning assistance provided
under paragraph (1) shall be designed to—
(A) inform, advise, and assist Indian landowners with respect to estate planning in
order to facilitate the transfer of trust or re-

§ 2206

stricted lands to a devisee or devisees selected by the landowners;
(B) dramatically increase the use of wills
and other methods of devise among Indian
landowners;
(C) substantially reduce the quantity and
complexity of Indian estates that pass intestate through the probate process, while protecting the rights and interests of Indian
landowners; and
(D) assist Indian landowners in accessing
information pursuant to section 2216(e) of
this title.
(3) Probate code development and legal assistance grants
In carrying out this section, the Secretary
may award grants, including noncompetitive
grants, to—
(A) Indian tribes, for purposes of tribal
probate code development and estate planning services to tribal members;
(B) organizations that provide legal assistance services for Indian tribes, Indian organizations, and individual owners of interests
in trust or restricted lands that are qualified
as nonprofit organizations under section
501(c)(3) of title 26 and provide such services
pursuant to Federal poverty guidelines, for
purposes of providing civil legal assistance
to such Indian tribes, individual owners, and
Indian organizations for the development of
tribal probate codes, for estate planning
services or for other purposes consistent
with the services they provide to Indians and
Indian tribes; and
(C) in specific areas and reservations
where qualified nonprofit organizations referred to in subparagraph (B) do not provide
such legal assistance to Indian tribes, Indian
organizations, or individual owners of trust
or restricted land, to other providers of such
legal assistance;
that submit an application to the Secretary,
in such form and manner as the Secretary may
prescribe.
(4) Authorization for appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out the
provisions of paragraph (3).
(g) Applicable Federal law
(1) In general
Any references in subsections (a) and (b) to
applicable Federal law include—
(A) Public Law 91–627 (84 Stat. 1874);
(B) Public Law 92–377 (86 Stat. 530);
(C) Public Law 92–443 (86 Stat. 744);
(D) Public Law 96–274 (94 Stat. 537); and
(E) Public Law 98–513 (98 Stat. 2411).
(2) No effect on laws
Nothing in this chapter amends or otherwise
affects the application of any law specified in
paragraph (1), or any other Federal law that
pertains specifically to—
(A) trust or restricted land located on 1 or
more specific Indian reservations that are
expressly identified in such law; or
(B) the allotted land (or any interest relating to such land) of 1 or more specific Indian

§ 2206

TITLE 25—INDIANS

tribes expressly identified in such law, including any of the Federal laws governing
the probate or determination of heirs associated with, or otherwise relating to, the land,
interest in land, or other interests or assets
that are owned by individuals in—
(i) Five Civilized Tribes restricted fee
status; or
(ii) Osage Tribe restricted fee status.
(3) Limitation on effect of paragraph
Except to the extent that this chapter would
amend or otherwise affect the application of a
Federal law specified or described in paragraph (1) or (2), nothing in paragraph (2) limits
the application of this chapter to trust or restricted land, interests in such land, or any
other trust or restricted interests or assets.
(h) Rules of interpretation
In the absence of a contrary intent, and except
as otherwise provided under this chapter, applicable Federal law, or a tribal probate code approved by the Secretary pursuant to section 2205
of this title, wills shall be construed as to trust
and restricted land and trust personalty in accordance with the following rules:
(1) Construction that will passes all property
(A) In general
A will shall be construed to apply to all
trust and restricted land and trust personalty which the testator owned at his death,
including any such land or personalty acquired after the execution of his will.
(B) Permanent improvements
Except as otherwise expressly provided in
the will, a devise of a trust or restricted interest in a parcel of land shall be presumed
to include the interest of the testator in any
permanent improvements attached to the
parcel of land.
(C) Application and effect
The provisions of this paragraph apply to a
covered permanent improvement—
(i) even though that covered permanent
improvement is not held in trust; and
(ii) without altering or otherwise affecting the non-trust status of such a covered
permanent improvement.
(2) Class gifts
(A) No differentiation between relationship
by blood and relationship by affinity
Terms of relationship that do not differentiate relationships by blood from those by
affinity,
such
as
‘‘uncles’’,
‘‘aunts’’,
‘‘nieces’’, or ‘‘nephews’’, are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the
whole blood, such as ‘‘brothers’’, ‘‘sisters’’,
‘‘nieces’’, or ‘‘nephews’’, are construed to include both types of relationships.
(B) Meaning of ‘‘heirs’’ and ‘‘next of kin’’, etc.;
time of ascertaining class
A devise of trust or restricted interest in
land or an interest in trust personalty to the
testator’s or another designated person’s
‘‘heirs’’, ‘‘next of kin’’, ‘‘relatives’’, or ‘‘fam-

Page 418

ily’’ shall mean those persons, including the
spouse, who would be entitled to take under
the provisions of this chapter for nontestamentary disposition. The class is to be ascertained as of the date of the testator’s
death.
(C) Time for ascertaining class
In construing a devise to a class other
than a class described in subparagraph (B),
the class shall be ascertained as of the time
the devise is to take effect in enjoyment.
The surviving issue of any member of the
class who is then dead shall take by right of
representation the share which their deceased ancestor would have taken.
(3) Meaning of ‘‘die without issue’’ and similar
phrases
In any devise under this chapter,8 the words
‘‘die without issue’’, ‘‘die without leaving
issue’’, ‘‘have no issue’’, or words of a similar
import shall be construed to mean that an individual had no lineal descendants in his lifetime or at his death, and not that there will be
no lineal descendants at some future time.
(4) Persons born out of wedlock
In construing provisions of this chapter 8 relating to lapsed and void devises, and in construing a devise to a person or persons described by relationship to the testator or to
another, a person born out of wedlock shall be
considered the child of the natural mother and
also of the natural father.
(5) Lapsed devises
Subject to the provisions of subsection (b),
where the testator devises or bequeaths a
trust or restricted interest in land or trust
personalty to the testator’s grandparents or to
the lineal descendent of a grandparent, and
the devisee or legatee dies before the testator
leaving lineal descendents, such descendents
shall take the interest so devised or bequeathed per stirpes.
(6) Void devises
Except as provided in paragraph (5), and if
the disposition shall not be otherwise expressly provided for by a tribal probate code
approved under section 2205 of this title, if a
devise other than a residuary devise of a trust
or restricted interest in land or trust personalty fails for any reason, such interest shall
become part of the residue and pass, subject to
the provisions of subsection (b), to the other
residuary devisees, if any, in proportion to
their respective shares or interests in the residue.
(7) Family cemetery plot
If a family cemetery plot owned by the testator in trust or restricted status at his decease is not mentioned in the decedent’s will,
the ownership of the plot shall descend to his
heirs as if he had died intestate.
(i) Heirship by killing
(1) Heir by killing defined
As used in this subsection, ‘‘heir by killing’’
means any person who knowingly participates,
8 See

References in Text note below.

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TITLE 25—INDIANS

either as a principal or as an accessory before
the fact, in the willful and unlawful killing of
the decedent.
(2) No acquisition of property by killing
Subject to any applicable Federal law relating to the devise or descent of trust or restricted land, no heir by killing shall in any
way acquire any trust or restricted interests
in land or interests in trust personalty as the
result of the death of the decedent, but such
property shall pass in accordance with this
subsection.
(3) Descent, distribution, and right of survivorship
The heir by killing shall be deemed to have
predeceased the decedent as to decedent’s
trust or restricted interests in land or trust
personalty which would have passed from the
decedent or his estate to such heir—
(A) under intestate succession under this
section;
(B) under a tribal probate code, unless
otherwise provided for;
(C) as the surviving spouse;
(D) by devise;
(E) as a reversion or a vested remainder;
(F) as a survivorship interest; and
(G) as a contingent remainder or executory or other future interest.
(4) Joint tenants, joint owners, and joint obligees
(A) Any trust or restricted land or trust personalty held by only the heir by killing and
the decedent as joint tenants, joint owners, or
joint obligees shall pass upon the death of the
decedent to his or her estate, as if the heir by
killing had predeceased the decedent.
(B) As to trust or restricted land or trust
personalty held jointly by 3 or more persons,
including both the heir by killing and the decedent, any income which would have accrued
to the heir by killing as a result of the death
of the decedent shall pass to the estate of the
decedent as if the heir by killing had predeceased the decedent and any surviving joint
tenants.
(C) Notwithstanding any other provision of
this subsection, the decedent’s trust or restricted interest in land or trust personalty
that is held in a joint tenancy with the right
of survivorship shall be severed from the joint
tenancy as though the property held in the
joint tenancy were to be severed and distributed equally among the joint tenants and the
decedent’s interest shall pass to his estate; the
remainder of the interests shall remain in
joint tenancy with right of survivorship
among the surviving joint tenants.
(5) Life estate for the life of another
If the estate is held by a third person whose
possession expires upon the death of the decedent, it shall remain in such person’s hands for
the period of time following the decedent’s
death equal to the life expectancy of the decedent but for the killing.
(6) Preadjudication rule
(A) In general
If a person has been charged, whether by
indictment, information, or otherwise by the

§ 2206

United States, a tribe, or any State, with
voluntary manslaughter or homicide in connection with a decedent’s death, then any
and all trust or restricted land or trust personalty that would otherwise pass to that
person from the decedent’s estate shall not
pass or be distributed by the Secretary until
the charges have been resolved in accordance with the provisions of this paragraph.
(B) Dismissal or withdrawal
Upon dismissal or withdrawal of the
charge, or upon a verdict of not guilty, such
land and personalty shall pass as if no
charge had been filed or made.
(C) Conviction
Upon conviction of such person, and the
exhaustion of all appeals, if any, the trust
and restricted land and trust personalty in
the estate shall pass in accordance with this
subsection.
(7) Broad construction; policy of subsection
This subsection shall not be considered
penal in nature, but shall be construed broadly
in order to effect the policy that no person
shall be allowed to profit by his own wrong,
wherever committed.
(j) General rules governing probate
(1) Scope
Except as provided under applicable Federal
law or a tribal probate code approved under
section 2205 of this title, the provisions of this
subsection shall govern the probate of estates
containing trust and restricted interests in
land or trust personalty.
(2) Pretermitted spouses and children
(A) Spouses
(i) In general
Except as provided in clause (ii), if the
surviving spouse of a testator married the
testator after the testator executed the
will of the testator, the surviving spouse
shall receive the intestate share in the decedent’s trust or restricted land and trust
personalty that the spouse would have received if the testator had died intestate.
(ii) Exception
Clause (i) shall not apply to a trust or restricted interest in land where—
(I) the will of a testator is executed before the date that is 1 year after the date
on which the Secretary publishes a notice of certification under section 8(a)(4)
of the American Indian Probate Reform
Act of 2004 (25 U.S.C. 2201 note; Public
Law 108–374);
(II)(aa) the spouse of a testator is a
non-Indian; and
(bb) the testator devised the interests
in trust or restricted land of the testator
to 1 or more Indians;
(III) it appears, based on an examination of the will or other evidence, that
the will was made in contemplation of
the marriage of the testator to the surviving spouse;
(IV) the will expresses the intention
that the will is to be effective notwithstanding any subsequent marriage; or

§ 2206

TITLE 25—INDIANS
(V)(aa) the testator provided for the
spouse by a transfer of funds or property
outside the will; and
(bb) an intent that the transfer be in
lieu of a testamentary provision is demonstrated by statements of the testator
or through a reasonable inference based
on the amount of the transfer or other
evidence.
(iii) Spouses married at the time of the will
Should the surviving spouse of the testator be omitted from the will of the testator, the surviving spouse shall be treated, for purposes of trust or restricted land
or trust personalty in the testator’s estate, in accordance with subsection
(a)(2)(A), as though there was no will but
only if—
(I) the testator and surviving spouse
were continuously married without legal
separation for the 5-year period preceding the decedent’s death;
(II) the testator and surviving spouse
have a surviving child who is the child of
the testator;
(III) the surviving spouse has made
substantial payments toward the purchase of, or improvements to, the trust
or restricted land in such estate; or
(IV) the surviving spouse is under a
binding obligation to continue making
loan payments for the trust or restricted
land for a substantial period of time;

except that, if there is evidence that the
testator adequately provided for the surviving spouse and any minor children by a
transfer of funds or property outside of the
will, this clause shall not apply.
(B) Children
(i) In general
If a testator executed the will of the testator before the birth or adoption of 1 or
more children of the testator, and the
omission of the children from the will is a
product of inadvertence rather than an intentional omission, the children shall
share in the trust or restricted interests in
land and trust personalty as if the decedent had died intestate.
(ii) Adopted heirs
Any person recognized as an heir by virtue of adoption under the Act of July 8,
1940 (25 U.S.C. 372a), shall be treated as the
child of a decedent under this subsection.
(iii) Adopted-out children
(I) In general
For purposes of this chapter, an adopted person shall not be considered the
child or issue of his natural parents, except in distributing the estate of a natural kin, other than the natural parent,
who has maintained a family relationship with the adopted person. If a natural parent shall have married the adopting parent, the adopted person for purposes of inheritance by, from and
through him shall also be considered the
issue of such natural parent.

Page 420

(II) Eligible heir pursuant to other Federal law or tribal law
Notwithstanding the provisions of subparagraph (B)(iii)(I), other Federal laws
and laws of the Indian tribe with jurisdiction over the trust or restricted interest in land may otherwise define the inheritance rights of adopted-out children.
(3) Divorce
(A) Surviving spouse
(i) In general
An individual who is divorced from a decedent, or whose marriage to the decedent
has been annulled, shall not be considered
to be a surviving spouse unless, by virtue
of a subsequent marriage, the individual is
married to the decedent at the time of
death of the decedent.
(ii) Separation
A decree of separation that does not dissolve a marriage, and terminate the status
of husband and wife, shall not be considered a divorce for the purpose of this subsection.
(iii) No effect on adjudications
Nothing in clause (i) shall prevent the
Secretary from giving effect to a property
right settlement relating to a trust or restricted interest in land or an interest in
trust personalty if 1 of the parties to the
settlement dies before the issuance of a
final decree dissolving the marriage of the
parties to the property settlement.
(B) Effect of subsequent divorce on a will or
devise
(i) In general
If, after executing a will, a testator is divorced or the marriage of the testator is
annulled, as of the effective date of the divorce or annulment, any disposition of
trust or restricted interests in land or of
trust personalty made by the will to the
former spouse of the testator shall be considered to be revoked unless the will expressly provides otherwise.
(ii) Property
Property that is prevented from passing
to a former spouse of a decedent under
clause (i) shall pass as if the former spouse
failed to survive the decedent.
(iii) Provisions of wills
Any provision of a will that is considered
to be revoked solely by operation of this
subparagraph shall be revived by the remarriage of a testator to the former
spouse of the testator.
(4) After-born heirs
A child in gestation at the time of decedent’s death will be treated as having survived
the decedent if the child lives at least 120
hours after its birth.
(5) Advancements of trust personalty during
lifetime; effect on distribution of estate
(A) The trust personalty of a decedent who
dies intestate as to all or a portion of his or

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TITLE 25—INDIANS

her estate, given during the decedent’s lifetime to a person eligible to be an heir of the
decedent under subsection (b)(2)(B), shall be
treated as an advancement against the heir’s
inheritance, but only if the decedent declared
in a contemporaneous writing, or the heir acknowledged in writing, that the gift is an advancement or is to be taken into account in
computing the division and distribution of the
decedent’s intestate estate.
(B) For the purposes of this section, trust
personalty advanced during the decedent’s
lifetime is valued as of the time the heir came
into possession or enjoyment of the property
or as of the time of the decedent’s death,
whichever occurs first.
(C) If the recipient of the trust personalty
predeceases the decedent, the property shall
not be treated as an advancement or taken
into account in computing the division and
distribution of the decedent’s intestate estate
unless the decedent’s contemporaneous writing provides otherwise.
(6) Heirs related to decedent through 2 lines;
single share
A person who is related to the decedent
through 2 lines of relationship is entitled to
only a single share of the trust or restricted
land or trust personalty in the decedent’s estate based on the relationship that would entitle such person to the larger share.
(7) Notice
(A) In general
To the maximum extent practicable, the
Secretary shall notify each owner of trust
and restricted land of the provisions of this
chapter.
(B) Combined notices
The notice under subparagraph (A) may, at
the discretion of the Secretary, be provided
with the notice required under subsection (a)
of section 8 of the American Indian Probate
Reform Act of 2004.
(8) Renunciation or disclaimer of interests
(A) In general
Any person 18 years of age or older may renounce or disclaim an inheritance of a trust
or restricted interest in land or in trust personalty through intestate succession or devise, either in full or subject to the reservation of a life estate (where the interest is an
interest in land), in accordance with subparagraph (B), by filing a signed and acknowledged declaration with the probate decisionmaker prior to entry of a final probate
order. No interest so renounced or disclaimed shall be considered to have vested in
the renouncing or disclaiming heir or devisee, and the renunciation or disclaimer shall
not be considered to be a transfer or gift of
the renounced or disclaimed interest.
(B) Eligible recipients of renounced or disclaimed interests; notice to recipients
(i) Interests in land
A trust or restricted interest in land
may be renounced or disclaimed only in
favor of—

§ 2206

(I) an eligible heir;
(II) any person who would have been eligible to be a devisee of the interest in
question pursuant to subsection (b)(1)(A)
(but only in cases where the renouncing
person is a devisee of the interest under
a valid will); or
(III) the Indian tribe with jurisdiction
over the interest in question;
and the interest so renounced shall pass to
its recipient in trust or restricted status.
(ii) Trust personalty
An interest in trust personalty may be
renounced or disclaimed in favor of any
person who would be eligible to be a devisee of such an interest under subsection
(b)(3) and shall pass to the recipient in accordance with the provisions of that subsection.
(iii) Unauthorized renunciations and disclaimers
Unless renounced or disclaimed in favor
of a person or Indian tribe eligible to receive the interest in accordance with the
provisions of this subparagraph, a renounced or disclaimed interest shall pass
as if the renunciation or disclaimer had
not been made.
(C) Acceptance of interest
A renunciation or disclaimer of an interest
filed in accordance with this paragraph shall
be considered accepted when implemented in
a final order by a decisionmaker, and shall
thereafter be irrevocable. No renunciation or
disclaimer of an interest shall be included in
such order unless the recipient of the interest has been given notice of the renunciation
or disclaimer and has not refused to accept
the interest. All disclaimers and renunciations filed and implemented in probate orders made effective prior to October 27, 2004,
are hereby ratified.
(D) Rule of construction
Nothing in this paragraph shall be construed to allow the renunciation of an interest that is subject to subsection (a)(2)(D) in
favor of more than 1 person.
(9) Consolidation agreements
(A) In general
During the pendency of probate, the decisionmaker is authorized to approve written
consolidation agreements effecting exchanges or gifts voluntarily entered into between the decedent’s eligible heirs or devisees, to consolidate interests in any tract of
land included in the decedent’s trust inventory. Such agreements may provide for the
conveyance of interests already owned by
such heirs or devisees in such tracts, without having to comply with the Secretary’s
rules and requirements otherwise applicable
to conveyances by deed of trust or restricted
interests in land.
(B) Effective
An agreement approved under subparagraph (A) shall be considered final when im-

§ 2206

TITLE 25—INDIANS

plemented in an order by a decisionmaker.
The final probate order shall direct any
changes necessary to the Secretary’s land
records, to reflect and implement the terms
of the approved agreement.
(C) Effect on purchase option at probate
Any interest in trust or restricted land
that is subject to a consolidation agreement
under this paragraph or subsection (e) shall
not be available for purchase under subsection (o) unless the decisionmaker determines that the agreement should not be approved.
(k) Notification to landowners
After receiving a written request by any owner
of a trust or restricted interest in land, the Secretary shall provide to such landowner the following information with respect to each tract of
trust or restricted land in which the landowner
has an interest:
(1) The location of the tract of land involved.
(2) The identity of each other co-owner of interests in the parcel of land.
(3) The percentage of ownership of each
owner of an interest in the tract.
(l) Pilot project for the management of trust assets of Indian families and relatives
(1) Development pilot project
The Secretary shall consult with tribes, individual landowner organizations, Indian advocacy organizations, and other interested
parties to—
(A) develop a pilot project for the creation
of legal entities such as private or family
trusts, partnerships corporations, or other
organizations to improve, facilitate, and assist in the efficient management of interests
in trust or restricted lands or funds owned
by Indian family members and relatives; and
(B) develop proposed rules, regulations,
and guidelines to implement the pilot
project, including—
(i) the criteria for establishing such legal
entities;
(ii) reporting and other requirements
that the Secretary determines to be appropriate for administering such entities; and
(iii) provisions for suspending or revoking the authority of an entity to engage in
activities relating to the management of
trust or restricted assets under the pilot
project in order to protect the interests of
the beneficial owners of such assets.
(2) Primary purposes; limitation; approval of
transactions; payments by Secretary
(A) Purposes
The primary purpose of any entity organized under the pilot project shall be to improve, facilitate, and assist in the management of interests in trust or restricted land,
held by 1 or more persons, in furtherance of
the purposes of this chapter.
(B) Limitation
The organization or activities of any entity under the pilot project shall not be construed to impair, impede, replace, abrogate,
or modify in any respect the trust duties or

Page 422

responsibilities of the Secretary, nor shall
anything in this subsection or in any rules,
regulations, or guidelines developed under
this subsection enable any private or family
trustee of trust or restricted interests in
land to exercise any powers over such interests greater than that held by the Secretary
with respect to such interests.
(C) Secretarial approval of transactions
Any transaction involving the lease, use,
mortgage or other disposition of trust or restricted land or other trust assets administered by or through an entity under the pilot
project shall be subject to approval by the
Secretary in accordance with applicable
Federal law.
(D) Payments
The Secretary shall have the authority to
make payments of income and revenues derived from trust or restricted land or other
trust assets administered by or through an
entity participating in the pilot project directly to the entity, in accordance with requirements of the regulations adopted pursuant to this subsection.
(3) Limitations on pilot project
(A) Number of organizations
The number of entities established under
the pilot project authorized by this subsection shall not exceed 30.
(B) Regulations required
No entity shall commence activities under
the pilot project authorized by this subsection until the Secretary has adopted final
rules and regulations under paragraph (1)(B).
(4) Report to Congress
Prior to the expiration of the pilot project
provided for under this subsection, the Secretary shall submit a report to Congress stating—
(A) a description of the Secretary’s consultation with Indian tribes, individual landowner associations, Indian advocacy organizations, and other parties consulted with regarding the development of rules and regulations for the creation and management of interests in trust and restricted lands under
the pilot project;
(B) the feasibility of accurately monitoring the performance of legal entities such as
those involved in the pilot project, and the
effectiveness of such entities as mechanisms
to manage and protect trust assets;
(C) the impact that the use of entities such
as those in the pilot project may have with
respect to the accomplishment of the goals
of this chapter; and
(D) any recommendations that the Secretary may have regarding whether to adopt
a permanent program as a management and
consolidation measure for interests in trust
or restricted lands.
(m) Notice to heirs
Prior to holding a hearing to determine the
heirs to trust or restricted property, or making
a decision determining such heirs, the Secretary
shall seek to provide actual written notice of

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TITLE 25—INDIANS

the proceedings to all heirs. Such efforts shall
include—
(1) a search of publicly available records and
Federal records, including telephone and address directories and including electronic
search services or directories;
(2) an inquiry with family members and coheirs of the property;
(3) an inquiry with the tribal government of
which the owner is a member, and the tribal
government with jurisdiction over the property, if any; and
(4) if the property is of a value greater than
$2,000, engaging the services of an independent
firm to conduct a missing persons search.
(n) Missing heirs
(1) For purposes of this subsection and subsection (m), an heir may be presumed missing
if—
(A) such heir’s whereabouts remain unknown
60 days after completion of notice efforts
under subsection (m); and
(B) in the proceeding to determine a decedent’s heirs, the Secretary finds that the heir
has had no contact with other heirs of the decedent, if any, or with the Department relating to trust or restricted land or other trust
assets at any time during the 6-year period
preceding the hearing to determine heirs.
(2) Before the date for declaring an heir missing, any person may request an extension of
time to locate such heir. The Secretary shall
grant a reasonable extension of time for good
cause.
(3) An heir shall be declared missing only after
a review of the efforts made in the heirship proceeding and a finding has been made that this
subsection has been complied with.
(4) An heir determined to be missing pursuant
to this subsection shall be deemed to have predeceased the decedent for purposes of descent
and devise of trust or restricted land and trust
personalty within that decedent’s estate.
(o) Purchase option at probate
(1) In general
The trust or restricted interests in a parcel
of land in the decedent’s estate may be purchased at probate in accordance with the provisions of this subsection.
(2) Sale of interest at fair market value
Subject to paragraph (3), the Secretary is
authorized to sell trust or restricted interests
in land subject to this subsection, including
the interest that a surviving spouse would
otherwise receive under subparagraph (A) or
(D) of subsection (a)(2), at no less than fair
market value, as determined in accordance
with the provisions of this chapter, to any of
the following eligible purchasers:
(A) Any other eligible heir taking an interest in the same parcel of land by intestate
succession or the decedent’s other devisees
of interests in the same parcel who are eligible to receive a devise under subsection
(b)(1)(A).
(B) All persons who own undivided trust or
restricted interests in the same parcel of
land involved in the probate proceeding.

§ 2206

(C) The Indian tribe with jurisdiction over
the interest, or the Secretary on behalf of
such Indian tribe.
(3) Request to purchase; consent requirements;
multiple requests to purchase
(A) In general
No sale of an interest in probate shall
occur under this subsection unless—
(i) an eligible purchaser described in
paragraph (2) submits a written request to
purchase prior to the distribution of the
interest to heirs or devisees of the decedent and in accordance with any regulations of the Secretary; and
(ii) except as provided in paragraph (5),
the heirs or devisees of such interest, and
the decedent’s surviving spouse, if any, receiving a life estate under subparagraph
(A) or (D) of subsection (a)(2) consent to
the sale.
(B) Multiple requests to purchase
Except for interests purchased pursuant to
paragraph (5), if the Secretary receives a request with respect to an interest from more
than 1 eligible purchaser under paragraph
(2), the Secretary shall sell the interest to
the eligible purchaser that is selected by the
applicable heir, devisee, or surviving spouse.
(4) Appraisal and notice
Prior to the sale of an interest pursuant to
this subsection, the Secretary shall—
(A) appraise the interest at its fair market
value in accordance with this chapter; and
(B) provide eligible heirs, other devisees,
and the Indian tribe with jurisdiction over
the interest with written notice, sent by
first class mail, that the interest is available
for purchase in accordance with this subsection.
(5) Small undivided interests in Indian lands
(A) In general
Subject to subparagraph (B), the consent
of a person who is an heir or surviving
spouse otherwise required under paragraph
(3)(A)(ii) shall not be required for the sale of
an interest at probate under this subsection
if—
(i) the interest is passing by intestate
succession;
(ii) prior to the sale the Secretary determines in the probate proceeding that, at
the time of death of the applicable decedent, the interest of the decedent in the
land represented less than 5 percent of the
entire undivided ownership of the parcel of
land as evidenced by the Secretary’s
records as of the time the determination is
made; and
(iii)(I) the Secretary is purchasing the
interest under the program authorized
under section 2212(a)(1) of this title; or
(II) after receiving a notice under paragraph (4)(B), the Indian tribe with jurisdiction over the interest is proposing to purchase the interest from an heir or surviving spouse who is not residing on the property in accordance with clause (i), and who
is not a member, and is not eligible to become a member, of that Indian tribe.

§ 2206

TITLE 25—INDIANS

(B) Exception
Notwithstanding subparagraph (A), the
consent of such heir or surviving spouse
shall be required for the sale at probate of
the interest of the heir or surviving spouse
if, at the time of the decedent’s death, the
heir or surviving spouse was residing on the
parcel of land of which the interest to be
sold was a part.
(6) Distribution of proceeds
(A) In general
Proceeds from the sale of interests under
this subsection shall be distributed to the
heirs, devisees, or spouse whose interest was
sold in accordance with the values of their
respective interests.
(B) Holding in trust
Proceeds described in subparagraph (A)
shall be deposited and held in an account as
trust personalty if the interest sold would
otherwise pass to—
(i) the heir, by intestate succession
under subsection (a); or
(ii) the devisee in trust or restricted
status under subsection (b)(1).
(Pub. L. 97–459, title II, § 207, as added Pub. L.
106–462, title I, § 103(4), Nov. 7, 2000, 114 Stat. 1995;
amended Pub. L. 108–374, §§ 3, 6(a)(2), (4), (e), Oct.
27, 2004, 118 Stat. 1774, 1797, 1800, 1805; Pub. L.
109–157, § 4, Dec. 30, 2005, 119 Stat. 2950; Pub. L.
109–221, title V, § 501(a), May 12, 2006, 120 Stat.
343; Pub. L. 110–453, title II, § 207(c), Dec. 2, 2008,
122 Stat. 5030.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(2)(C)(ii),
(D)(iii), (g)(2), (3), introductory provisions of (h) and
(h)(2)(B), (j)(2)(B)(iii)(I), (7)(A), (l)(2)(A), (o)(2), (4)(A),
was in the original ‘‘this Act’’, which was translated as
reading ‘‘this title’’, meaning title II of Pub. L. 97–459,
to reflect the probable intent of Congress. This chapter,
referred to in the original in subsec. (h)(3), (4), probably
should have been ‘‘this title’’, meaning title II of Pub.
L. 97–459 which enacted this chapter.
Section 8 of the American Indian Probate Reform Act
of 2004, referred to in subsecs. (a)(2)(D)(iv)(II)(dd), (c)(2),
and (j)(2)(A)(ii)(I), (7)(B), is section 8 of Pub. L. 108–374,
which is set out as a note under section 2201 of this
title.
Public Law 91–627, referred to in subsec. (g)(1)(A), is
Pub. L. 91–627, Dec. 31, 1970, 84 Stat. 1874, which amended former section 607 of this title and enacted provisions formerly set out as a note under section 607 of
this title.
Public Law 92–377, referred to in subsec. (g)(1)(B), is
Pub. L. 92–377, Aug. 10, 1972, 86 Stat. 530, which is not
classified to the Code.
Public Law 92–443, referred to in subsec. (g)(1)(C), is
Pub. L. 92–443, Sept. 29, 1972, 86 Stat. 744, which is not
classified to the Code.
Public Law 96–274, referred to in subsec. (g)(1)(D), is
Pub. L. 96–274, June 17, 1980, 94 Stat. 537, which is not
classified to the Code.
Public Law 98–513, referred to in subsec. (g)(1)(E), is
Pub. L. 98–513, Oct. 19, 1984, 98 Stat. 2411, which is not
classified to the Code.
Act of July 8, 1940, referred to in subsec. (j)(2)(B)(ii),
is act July 8, 1940, ch. 555, 54 Stat. 746, which enacted
section 372a of this title and provisions set out as a
note under section 372a of this title.
PRIOR PROVISIONS
A prior section 2206, Pub. L. 97–459, title II, § 207, Jan.
12, 1983, 96 Stat. 2519; Pub. L. 98–608, § 1(4), Oct. 30, 1984,

Page 424

98 Stat. 3172; Pub. L. 101–644, title III, § 301(a), Nov. 29,
1990, 104 Stat. 4666, related to escheat to tribe of trust
or restricted or controlled lands, fractional interests,
and Indian tribal codes, prior to repeal by Pub. L.
106–462, title I, § 103(4), Nov. 7, 2000, 114 Stat. 1995.
AMENDMENTS
2008—Subsec. (a)(2). Pub. L. 110–453, § 207(c)(1)(B),
added par. (2) relating to intestate descent of permanent improvements.
Subsec. (a)(2)(D)(i). Pub. L. 110–453, § 207(c)(1)(A)(i),
substituted ‘‘clauses (ii) through (v)’’ for ‘‘clauses (ii)
through (iv)’’.
Subsec.
(a)(2)(D)(iv)(II).
Pub.
L.
110–453,
§ 207(c)(1)(A)(ii), which directed substitution of ‘‘descent’’ for ‘‘decedent’’, was executed by making the
substitution only in introductory provisions after
‘‘order of’’, to reflect the probable intent of Congress.
Subsec. (a)(2)(D)(v). Pub. L. 110–453, § 207(c)(1)(A)(iii),
added cl. (v) and struck out former cl. (v). Prior to
amendment, text read as follows: ‘‘This subparagraph
shall not be construed to limit a person’s right to devise any trust or restricted interest by way of a valid
will in accordance with subsection (b) of this section.’’
Subsec. (b)(2)(B). Pub. L. 110–453, § 207(c)(2), designated introductory provisions and cls. (i) to (iii) as cl.
(i), inserted heading, and substituted ‘‘Subject to
clauses (ii) and (iii), any interest’;’’ for ‘‘Any interest’’,
redesignated former cls. (i) to (iii) as subcls. (I) to (III),
respectively, of cl. (i) and realigned margins, substituted period for semicolon at end of subcl. (III),
added cl. (ii), and designated concluding provisions as
cl. (iii), inserted heading, and substituted ‘‘Except as
provided in clause (ii), nothing; and’’ for ‘‘provided that
nothing’’.
Subsec. (h)(1). Pub. L. 110–453, § 207(c)(3), designated
existing provisions as subpar. (A), inserted heading, and
added subpars. (B) and (C).
Subsecs. (i)(4)(C), (j)(2)(A)(ii). Pub. L. 110–453,
§ 207(c)(4), (5), substituted ‘‘interest in land’’ for ‘‘interest land’’.
Subsec. (k). Pub. L. 110–453, § 207(c)(6), inserted ‘‘a’’
after ‘‘receiving’’ in introductory provisions.
Subsec. (o)(3). Pub. L. 110–453, § 207(c)(7)(A), substituted ‘‘Request to purchase; consent requirements;
multiple requests to purchase’’ for ‘‘Request to purchase; auction; consent requirements’’ in heading, designated introductory provisions and subpars. (A) and
(B) as subpar. (A) and inserted heading, redesignated
former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, added subpar. (B), and struck out former concluding provisions
which read as follows: ‘‘If the Secretary receives more
than 1 request to purchase the same interest, the Secretary shall sell the interest by public auction or sealed
bid (as determined by the Secretary) at not less than
the appraised fair market value to the eligible purchaser submitting the highest bid.’’
Subsec. (o)(4). Pub. L. 110–453, § 207(c)(7)(B), inserted
‘‘and’’ at end of subpar. (A), substituted period for
‘‘; and’’ at end of subpar. (B), and struck out subpar. (C)
which read as follows: ‘‘if the Secretary receives more
than 1 request to purchase the interest by a person described in subparagraph (B), provide notice of the manner (auction or sealed bid), time and place of the sale,
a description, and the appraised fair market value, of
the interest to be sold—
‘‘(i) to the heirs or other devisees and the Indian
tribe with jurisdiction over the interest, by first class
mail; and
‘‘(ii) to all other eligible purchasers, by posting
written notice in at least 5 conspicuous places in the
vicinity of the place of hearing.’’
Subsec. (o)(5)(A). Pub. L. 110–453, § 207(c)(7)(C)(i)(I), in
introductory provisions, inserted ‘‘or surviving spouse’’
after ‘‘heir’’, substituted ‘‘paragraph (3)(A)(ii)’’ for
‘‘paragraph (3)(B)’’, and struck out ‘‘auction and’’ after
‘‘required for the’’.
Subsec.
(o)(5)(A)(ii).
Pub.
L.
110–453,
§ 207(c)(7)(C)(i)(III)(aa), (bb), substituted ‘‘sale’’ for

Page 425

TITLE 25—INDIANS

‘‘auction’’ and ‘‘, at the time of death of the applicable
decedent, the interest of the decedent in the land represented’’ for ‘‘the interest passing to such heir represents’’.
Subsec.
(o)(5)(A)(iii).
Pub.
L.
110–453,
§ 207(c)(7)(C)(i)(II), (III)(cc), (IV), added cl. (iii).
Subsec. (o)(5)(B). Pub. L. 110–453, § 207(c)(7)(C)(ii), inserted ‘‘or surviving spouse’’ after ‘‘heir’’ in two places
and substituted ‘‘interest of the heir or surviving
spouse’’ for ‘‘heir’s interest’’.
2006—Subsec. (g)(2). Pub. L. 109–221, § 501(a)(1), substituted ‘‘specified in paragraph (1)’’ for ‘‘described in
paragraph (1)’’ in introductory provisions and ‘‘identified in such law’’ for ‘‘identified in Federal law’’ in subpar. (B).
Subsec. (g)(3). Pub. L. 109–221, § 501(a)(2), added par. (3)
and struck out former par. (3). Text read as follows:
‘‘Except to the extent that this chapter otherwise affects the application of a Federal law described in paragraph (2), nothing in this subsection limits the application of this chapter to trust or restricted land, interests in such land, or any other trust or restricted interests or assets.’’
2005—Subsec. (a)(2)(D)(iv)(I)(aa). Pub. L. 109–157,
§ 4(b)(1), substituted ‘‘this subparagraph’’ for ‘‘clause
(iii)’’.
Subsec. (a)(2)(D)(iv)(I)(aa)(BB). Pub. L. 109–157,
§ 4(b)(2), substituted ‘‘not more than 1 co-owner’’ for
‘‘any co-owner’’.
Subsec. (c). Pub. L. 109–157, § 4(c), reenacted heading
without change.
Subsec. (f)(3). Pub. L. 109–157, § 4(d), inserted
‘‘, including noncompetitive grants,’’ after ‘‘award
grants’’ in introductory provisions.
Subsec. (g). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (h) as (g).
Subsec. (g)(2). Pub. L. 109–157, § 4(a)(2)(A)(i), inserted
‘‘specifically’’ after ‘‘pertains’’ in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–157, § 4(a)(2)(A)(ii), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘the allotted lands of 1 or more specific
Indian tribes that are expressly identified in such law.’’
Subsec. (g)(3). Pub. L. 109–157, § 4(a)(2)(B), added par.
(3).
Subsec. (h). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(6). Pub. L. 109–157, § 4(a)(3)(A), made technical amendment to reference in original act which appears in text as reference to section 2205 of this title.
Subsec. (h)(7). Pub. L. 109–157, § 4(a)(3)(B), inserted ‘‘in
trust or restricted status’’ after ‘‘testator’’.
Subsec. (i). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (j)(2)(A)(ii)(I). Pub. L. 109–157, § 4(a)(4)(A)(i),
substituted ‘‘the date that is 1 year after the date on
which the Secretary publishes a notice of certification
under section 8(a)(4) of the American Indian Probate
Reform Act of 2004 (25 U.S.C. 2201 note; Public Law
108–374)’’ for ‘‘October 27, 2004’’.
Subsec. (j)(2)(A)(iii). Pub. L. 109–157, § 4(a)(4)(A)(ii),
struck out ‘‘the provisions of’’ before ‘‘subsection
(a)(2)(A)’’ and made technical amendment to reference
in original act which appears in text as reference to
subsection (a)(2)(A) in introductory provisions.
Subsec. (j)(8)(D). Pub. L. 109–157, § 4(a)(4)(B), struck
out ‘‘the provisions of’’ before ‘‘subsection (a)(2)(D)’’
and made technical amendment to reference in original
act which appears in text as reference to subsection
(a)(2)(D).
Subsec. (j)(9)(C). Pub. L. 109–157, § 4(a)(4)(C), made
technical amendment to reference in original act which
appears in text as reference to subsection (e) and substituted ‘‘subsection (o)’’ for ‘‘subsection (p)’’.
Subsecs. (k) to (n). Pub. L. 109–157, § 4(a)(1), redesignated subsecs. (l) to (o) as (k) to (n), respectively.
Former subsec. (k) redesignated (j).
Subsec. (o). Pub. L. 109–157, § 4(a)(1), redesignated subsec. (p) as (o). Former subsec. (o) redesignated (n).

§ 2206

Subsec. (o)(2). Pub. L. 109–157, § 4(a)(5)(A)(i), substituted ‘‘subparagraph (A) or (D) of subsection (a)(2)’’
for ‘‘subsection (a)(2)(A) or (D)’’ in introductory provisions.
Subsec. (o)(2)(A). Pub. L. 109–157, § 4(a)(5)(A)(ii), made
technical amendment to reference in original act which
appears in text as reference to subsection (b)(1)(A).
Subsec. (o)(3)(B). Pub. L. 109–157, § 4(a)(5)(B), substituted ‘‘subparagraph (A) or (D) of subsection (a)(2)’’
for ‘‘subsection (a)(2)(A) or (D)’’.
Subsec. (o)(6). Pub. L. 109–157, § 4(a)(5)(C), designated
first sentence as subpar. (A), inserted subpar. heading,
added subpar. (B), and struck out former second sentence which read as follows: ‘‘The proceeds attributable
to an heir or devisee shall be held in an account as
trust personalty if the interest sold would have otherwise passed to the heir or devisee in trust or restricted
status.’’
2004—Subsec. (a). Pub. L. 108–374, § 3(a), added subsec.
(a) and struck out heading and text of former subsec.
(a) which related to testamentary disposition.
Subsec. (b). Pub. L. 108–374, § 3(b), added subsec. (b)
and struck out heading and text of former subsec. (b)
which related to intestate succession.
Subsec. (c). Pub. L. 108–374, § 3(c), added text of subsec. (c) and struck out text of former subsec. (c) which
related to ownership interests in the same parcel of
trust or restricted lands devised or passed to more than
one person.
Subsec. (f)(1). Pub. L. 108–374, § 6(e)(1), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘The Secretary shall provide estate
planning assistance in accordance with this subsection,
to the extent amounts are appropriated for such purpose.’’
Subsec. (f)(2)(B) to (D). Pub. L. 108–374, § 6(e)(2), added
subpars. (B) and (C) and redesignated former subpar. (B)
as (D).
Subsec. (f)(3), (4). Pub. L. 108–374, § 6(e)(3), added pars.
(3) and (4) and struck out heading and text of former
par. (3). Text read as follows: ‘‘In carrying out this section, the Secretary may enter into contracts with entities that have expertise in Indian estate planning and
tribal probate codes.’’
Subsec. (g). Pub. L. 108–374, § 6(a)(4), struck out heading and text of subsec. (g) which related to notification
to Indian tribes and owners of trust or restricted lands
of amendments made by the Indian Land Consolidation
Act Amendments of 2000.
Subsecs. (h) to (k). Pub. L. 108–374, § 3(d), added subsecs. (h) to (k).
Subsecs. (l) to (o). Pub. L. 108–374, § 6(e)(4), which directed amendment of section by adding subsecs. (l) to
(o) at end, was executed by adding those subsecs. after
subsec. (k), to reflect the probable intent of Congress.
Subsec. (p). Pub. L. 108–374, § 6(a)(2), added subsec. (p).
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–453, title II, § 207(f), Dec. 2, 2008, 122 Stat.
5033, provided that:
‘‘(1) TESTAMENTARY DISPOSITION.—The amendments
made by subsection (c)(2) of this section to section
207(b) of the Indian Land Consolidation Act (25 U.S.C.
2206(b)) shall not apply to any will executed before the
date that is 1 year after the date of enactment of this
Act [Dec. 2, 2008].
‘‘(2) SMALL UNDIVIDED INTERESTS IN INDIAN LANDS.—
The amendments made by subsection (c)(7)(C) of this
section to subsection (o)(5) of section 207 of the Indian
Land Consolidation Act (25 U.S.C. 2206) shall not apply
to or affect any sale of an interest under subsection
(o)(5) of that section that was completed before the
date of enactment of this Act.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–374 applicable on and after
the date that is 1 year after June 20, 2005, except that

§ 2207

TITLE 25—INDIANS

subsecs. (e) and (f) of this section (as amended by Pub.
L. 108–374), subsec. (g) of this section (as in effect on
Mar. 1, 2006), and amendment by section 6(a)(4) of Pub.
L. 108–374 are applicable as of Oct. 27, 2004, see section
8(b) of Pub. L. 108–374, set out as a Notice; Effective
Date of 2004 Amendment note under section 2201 of this
title.
JUDICIAL REVIEW
Pub. L. 106–462, title I, § 104, Nov. 7, 2000, 114 Stat.
2006, provided that after the Secretary of the Interior
provided the certification required under former subsec. (g)(4) of this section, the owner of an interest in
trust or restricted land could bring an administrative
action to challenge the application of this section to
the devise or descent of his or her interest or interests
in trust or restricted lands, and could seek judicial review of the final decision of the Secretary with respect
to such challenge.

§ 2207. Full faith and credit to tribal actions
under tribal ordinances limiting descent and
distribution of trust or restricted or controlled lands
The Secretary in carrying out his responsibility to regulate the descent and distribution of
trust lands under section 372 of this title, and
other laws, shall give full faith and credit to any
tribal actions taken pursuant to subsections (a)
and (b) of section 2205 of this title, which provision shall apply only to estates of decedent’s
whose deaths occur on or after the effective date
of tribal ordinances adopted pursuant to this
chapter.
(Pub. L. 97–459, title II, § 208, Jan. 12, 1983, 96
Stat. 2519; Pub. L. 106–462, title I, § 103(5), Nov. 7,
2000, 114 Stat. 1999.)
AMENDMENTS
2000—Pub. L. 106–462 substituted ‘‘subsections (a) and
(b) of section 2205’’ for ‘‘section 2205’’.

§ 2208. Conveyancing authority upon sale or exchange of tribal lands; removal of trust
status of individually owned lands
The Secretary shall have the authority to
issue deeds, patents, or such other instruments
of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to the
terms of this chapter and to remove, at the request of an Indian owner, the trust status of individually held lands or interests therein, where
authorized by law.
(Pub. L. 97–459, title II, § 209, Jan. 12, 1983, 96
Stat. 2519.)
§ 2209. Trusteeship title of United States for any
Indian or Indian tribe
Title to any land acquired under this chapter
by any Indian or Indian tribe shall be taken in
trust by the United States for that Indian or Indian tribe.
(Pub. L. 97–459, title II, § 210, Jan. 12, 1983, 96
Stat. 2519.)
§ 2210. Tax exemption
All lands or interests in land acquired by the
United States for an Indian or Indian tribe
under authority of this chapter shall be exempt
from Federal, State and local taxation.

Page 426

(Pub. L. 97–459, title II, § 211, Jan. 12, 1983, 96
Stat. 2519.)
§ 2211. Governing body of tribe; construction of
chapter as not vesting with authority not authorized by tribal constitution or by-laws
Nothing in this chapter shall be construed as
vesting the governing body of an Indian tribe
with any authority which is not authorized by
the constitution and by-laws or other organizational document of such tribe.
(Pub. L. 97–459, title II, § 212, as added Pub. L.
98–608, § 1(5), Oct. 30, 1984, 98 Stat. 3173.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, which was translated as reading ‘‘this
title’’, meaning title II of Pub. L. 97–459, to reflect the
probable intent of Congress.

§ 2212. Fractional interest acquisition program
(a) Acquisition by Secretary
(1) In general
The Secretary may acquire, at the discretion of the Secretary and with the consent of
the owner, or from an heir during probate in
accordance with section 2206(o) of this title
and at fair market value, any fractional interest in trust or restricted lands.
(2) Authority of Secretary
The Secretary shall submit the report required under section 2217 of this title concerning how the fractional interest acquisition
program should be enhanced to increase the
resources made available to Indian tribes and
individual Indian landowners.
(3) Interests held in trust
Subject to section 2213 of this title, the Secretary shall immediately hold interests acquired under this chapter in trust for the recognized tribal government that exercises jurisdiction over the land involved.
(b) Requirements
In implementing subsection (a), the Secretary—
(1) shall promote the policies provided for in
section 102 of the Indian Land Consolidation
Act Amendments of 2000;
(2) may give priority to the acquisition of
fractional interests representing 2 percent or
less of a parcel of trust or restricted land, especially those interests that would have
escheated to a tribe but for the Supreme
Court’s decision in Babbitt v. Youpee (117 S 1
Ct. 727 (1997));
(3) to the extent practicable—
(A) shall consult with the tribal government that exercises jurisdiction over the
land involved in determining which tracts to
acquire on a reservation;
(B) shall coordinate the acquisition activities with the acquisition program of the
tribal government that exercises jurisdiction over the land involved, including a tribal land consolidation plan approved pursuant to section 2203 of this title; and
1 So

in original. Probably should be followed by a period.

Page 427

§ 2212

TITLE 25—INDIANS

(C) may enter into agreements (such
agreements will not be subject to the provisions of the Indian Self-Determination and
Education Assistance Act of 1974 [25 U.S.C.
5301 et seq.]) with the tribal government
that exercises jurisdiction over the land involved or a subordinate entity of the tribal
government to carry out some or all of the
Secretary’s land acquisition program; and
(4) shall minimize the administrative costs
associated with the land acquisition program
through the use of policies and procedures designed to accommodate the voluntary sale of
interests under this section, notwithstanding
the existence of any otherwise applicable policy, procedure, or regulation, through the
elimination of duplicate—
(A) conveyance documents;
(B) administrative proceedings; and
(C) transactions.
(c) Sale of interest to Indian landowners
(1) Conveyance at request
(A) In general
At the request of any Indian who owns an
undivided interest in a parcel of trust or restricted land, the Secretary shall convey an
interest in such parcel acquired under this
section to the Indian landowner—
(i) on payment by the Indian landowner
of the amount paid for the interest by the
Secretary; or
(ii) if—
(I) the Indian referred to in this subparagraph provides assurances that the
purchase price will be paid by pledging
revenue from any source, including trust
resources; and
(II) the Secretary determines that the
purchase price will be paid in a timely
and efficient manner.
(B) Limitation
With respect to a conveyance under this
subsection, the Secretary shall not approve
an application to terminate the trust status
or remove the restrictions of such an interest unless the interest is subject to a foreclosure of a mortgage in accordance with
section 5135 of this title.
(2) Multiple owners
If more than one Indian owner requests an
interest under paragraph (1), the Secretary
shall convey the interest to the Indian owner
who owns the largest percentage of the undivided interest in the parcel of trust or restricted land involved.
(3) Limitation
If an Indian tribe that has jurisdiction over
a parcel of trust or restricted land owns an undivided interest in a parcel of such land, such
interest may only be acquired under paragraph (1) with the consent of such Indian tribe.
(d) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $75,000,000 for fiscal year
2005, $95,000,000 for fiscal year 2006, and
$145,000,000 for each of fiscal years 2007 through
2010.

(Pub. L. 97–459, title II, § 213, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 1999;
amended Pub. L. 108–374, § 6(a)(5), Oct. 27, 2004,
118 Stat. 1800; Pub. L. 109–157, § 5, Dec. 30, 2005,
119 Stat. 2952; Pub. L. 110–453, title II, § 207(d),
Dec. 2, 2008, 122 Stat. 5033.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(3), was in the
original ‘‘this Act’’, which was translated as reading
‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
Section 102 of the Indian Land Consolidation Act
Amendments of 2000, referred to in subsec. (b)(1), is section 102 of Pub. L. 106–462, which is set out as a note
under section 2201 of this title.
The Indian Self-Determination and Education Assistance Act of 1974, referred to in subsec. (b)(3)(C), probably means the Indian Self-Determination and Education Assistance Act, Pub. L. 93–638, Jan. 4, 1975, 88
Stat. 2203, which is classified principally to chapter 46
(§ 5301 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 5301 of this title and Tables.
AMENDMENTS
2008—Subsec. (a)(1). Pub. L. 110–453 substituted ‘‘section 2206(o)’’ for ‘‘section 2206(p)’’.
2005—Pub. L. 109–157, § 5(1), amended section catchline
generally making technical correction to section designation.
Subsec. (a)(1). Pub. L. 109–157, § 5(2), made technical
amendment to reference in original act which appears
in text as reference to section 2206(p) of this title.
2004—Pub. L. 108–374, § 6(a)(5)(A), substituted ‘‘Fractional interest acquisition program’’ for ‘‘Pilot program for the acquisition of fractional interests’’ in section catchline.
Subsec. (a)(1). Pub. L. 108–374, § 6(a)(5)(B)(i), inserted
‘‘or from an heir during probate in accordance with section 2206(p) of this title’’ after ‘‘owner,’’.
Subsec. (a)(2). Pub. L. 108–374, § 6(a)(5)(B)(ii), (iii), reenacted heading without change, substituted ‘‘The Secretary shall submit’’ for ‘‘(B) REQUIRED REPORT.—Prior
to expiration of the authority provided for in subparagraph (A), the Secretary shall submit’’ and ‘‘how the
fractional interest acquisition program should be enhanced to increase the resources made’’ for ‘‘whether
the program to acquire fractional interests should be
extended or altered to make resources’’, and struck out
heading and text of subpar. (A). Text of subpar. (A) read
as follows: ‘‘The Secretary shall have the authority to
acquire interests in trust or restricted lands under this
section during the 3-year period beginning on the date
of certification that is referred to in section 2206(g)(5)
of this title.’’
Subsec. (b)(4). Pub. L. 108–374, § 6(a)(5)(C), added par.
(4) and struck out former par. (4) which read as follows:
‘‘shall minimize the administrative costs associated
with the land acquisition program.’’
Subsec. (c)(1)(A). Pub. L. 108–374, § 6(a)(5)(D)(i)(I)–(III),
substituted ‘‘an undivided interest’’ for ‘‘at least 5 percent of the undivided interest’’, inserted ‘‘in such parcel’’ after ‘‘the Secretary shall convey an interest’’,
and substituted ‘‘landowner—’’ and cls. (i) and (ii) for
‘‘landowner upon payment by the Indian landowner of
the amount paid for the interest by the Secretary.’’
Subsec. (c)(1)(B). Pub. L. 108–374, § 6(a)(5)(D)(i)(IV), inserted ‘‘unless the interest is subject to a foreclosure of
a mortgage in accordance with section 5135 of this
title’’ before period at end.
Subsec. (c)(3). Pub. L. 108–374, § 6(a)(5)(D)(ii), substituted ‘‘an undivided interest’’ for ‘‘10 percent or
more of the undivided interests’’.
Subsec. (d). Pub. L. 108–374, § 6(a)(5)(E), added subsec.
(d).
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.

§ 2213

TITLE 25—INDIANS

§ 2213. Administration of acquired fractional interests; disposition of proceeds
(a) In general
Subject to the conditions described in subsection (b)(1), 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) Application of revenue from acquired interests to land consolidation program
(1) In general
The Secretary shall have a lien on any revenue accruing to an interest described in subsection (a) until the Secretary provides for the
removal of the lien under paragraph (3), (4), or
(5).
(2) Requirements
(A) In general
Until the Secretary removes a lien from an
interest in land under paragraph (1)—
(i) 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; and
(ii) any revenue derived from any interest acquired by the Secretary in accordance with section 2212 of this title shall be
deposited in the fund created under section
2215 of this title.
(B) Approval of transactions
Notwithstanding section 5123 of this title,
or any other provision of law, until the Secretary removes a lien from an interest in
land under paragraph (1), the Secretary may
approve a transaction covered under this
section on behalf of an Indian tribe.
(3) Removal of liens after findings
The Secretary may remove a lien referred to
in paragraph (1) if the Secretary makes a finding that—
(A) the costs of administering the interest
from which revenue accrues under the lien
will equal or exceed the projected revenues
for the parcel of land involved;
(B) in the discretion of the Secretary, it
will take an unreasonable period of time for
the parcel of land to generate revenue that
equals the purchase price paid for the interest; or
(C) a subsequent decrease in the value of
land or commodities associated with the
parcel of 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.
(4) Removal of liens upon payment into the acquisition fund
The Secretary shall remove a lien referred
to in paragraph (1) upon payment of an
amount equal to the purchase price of that in-

Page 428

terest in land into the Acquisition Fund created under section 2215 1 of this title, except
where the tribe with jurisdiction over such interest in land authorizes the Secretary to continue the lien in order to generate additional
acquisition funds.
(5) Other removal of liens
The Secretary may, in consultation with
tribal governments and other entities described in section 2212(b)(3) of this title, periodically remove liens referred to in paragraph
(1) from interests in land acquired by the Secretary.
(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) 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;
amended Pub. L. 108–374, § 6(a)(6), Oct. 27, 2004,
118 Stat. 1801.)
REFERENCES IN TEXT
Section 2215 of this title, referred to in the original in
subsec. (b)(4), probably should have been ‘‘section 216’’,
meaning section 216 of Pub. L. 97–459, which is classified to section 2215 of this title and relates to the establishment of an Acquisition Fund. Pub. L. 97–459 does
not contain a section 2215.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–374 added subsec. (b) and
struck out heading and text of former subsec. (b) which
related to conditions applicable to the administration
by Indian tribes of acquired fractional interests in
trust or restricted lands.

§ 2214. Establishing fair market value
For purposes of this chapter, the Secretary
may develop a system for establishing the fair
market value of various types of lands and improvements. Such a system may include determinations of fair market value based on appropriate geographic units as determined by the
Secretary. Such a system may govern the
amounts offered for the purchase of interests in
trust or restricted land under this chapter.
(Pub. L. 97–459, title II, § 215, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002;
1 See

References in Text note below.

Page 429

TITLE 25—INDIANS

amended Pub. L. 108–374, § 6(a)(7), Oct. 27, 2004,
118 Stat. 1802; Pub. L. 109–157, § 6, Dec. 30, 2005,
119 Stat. 2952.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, which was translated as reading ‘‘this
title’’, meaning title II of Pub. L. 97–459, to reflect the
probable intent of Congress.
AMENDMENTS
2005—Pub. L. 109–157 substituted ‘‘Such a system may
govern the amounts offered for the purchase of interests in trust or restricted land under this chapter.’’ for
‘‘Such system may govern the amounts offered for the
purchase of interests in trust or restricted lands under
this chapter.’’
2004—Pub. L. 108–374, which directed substitution of
‘‘this Act’’ for ‘‘section 2212 of this title’’ in last sentence, was executed by substituting ‘‘this chapter’’ for
‘‘section 213’’, meaning section 213 of Pub. L. 97–459,
which is classified to section 2212 of this title, to reflect
the probable intent of Congress.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.

§ 2215. Acquisition Fund
(a) In general
The Secretary shall establish an Acquisition
Fund to—
(1) disburse appropriations authorized to accomplish the purposes of section 2212 of this
title; and
(2) collect all revenues received from the
lease, permit, or sale of resources from interests acquired under section 2212 of this title or
paid by Indian landowners under section 2212
of this title.
(b) Deposits; use
(1) In general
All proceeds from leases, permits, or resource sales derived from an interest in trust
or restricted lands described in subsection
(a)(2) shall—
(A) be deposited in the Acquisition Fund;
(B) as specified in advance in appropriations Acts, be available for the purpose of
acquiring additional fractional interests in
trust or restricted lands; and
(C) be used to acquire undivided interests
on the reservation from which the income
was derived.
(2) Use of funds
The Secretary may use the revenue deposited in the Acquisition Fund under paragraph
(1) to acquire some or all of the undivided interests in any parcels of land in accordance
with section 2204 of this title.
(Pub. L. 97–459, title II, § 216, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002;
amended Pub. L. 108–374, § 6(a)(8), Oct. 27, 2004,
118 Stat. 1802.)
AMENDMENTS
2004—Subsec. (a)(2). Pub. L. 108–374, § 6(a)(8)(A), added
par. (2) and struck out former par. (2) which read as follows: ‘‘collect all revenues received from the lease, permit, or sale of resources from interests in trust or re-

§ 2216

stricted lands transferred to Indian tribes by the Secretary under section 2212 of this title or paid by Indian
landowners under section 2212(c) of this title.’’
Subsec. (b)(1). Pub. L. 108–374, § 6(a)(8)(B)(i), substituted ‘‘All’’ for ‘‘Subject to paragraph (2), all’’ in introductory provisions and added subpar. (C).
Subsec. (b)(2). Pub. L. 108–374, § 6(a)(8)(B)(ii), added
par. (2) and struck out heading and text of former par.
(2). Text read as follows: ‘‘With respect to the deposit
of proceeds derived from an interest under paragraph
(1), the aggregate amount deposited under that paragraph shall not exceed the purchase price of that interest under section 2212 of this title.’’

§ 2216. Trust and restricted land transactions
(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) 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) 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 sub-

§ 2217

TITLE 25—INDIANS

section, 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).

Page 430

(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).
(Pub. L. 97–459, title II, § 217, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002;
amended Pub. L. 108–374, § 6(a)(9), Oct. 27, 2004,
118 Stat. 1803; Pub. L. 109–157, § 7, Dec. 30, 2005,
119 Stat. 2952.)
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.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment 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.

§ 2217. Reports to Congress
(a) In general
Prior to expiration of the authority provided
for in section 2212(a)(2)(A) of this title, the Secretary, after consultation with Indian tribes and
other interested parties, shall submit to the
Committee on Indian Affairs and the Committee
on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives a report that indicates, for the
period covered by the report—
(1) the number of fractional interests in
trust or restricted lands acquired; and
(2) the impact of the resulting reduction in
the number of such fractional interests on the
financial and realty recordkeeping systems of
the Bureau of Indian Affairs.

Page 431

TITLE 25—INDIANS

(b) Report
The reports described in subsection (a) and
section 2212(a) of this title shall contain findings
as to whether the program under this chapter to
acquire fractional interests in trust or restricted lands should be extended and whether
such program should be altered to make resources available to Indian tribes and individual
Indian landowners.
(Pub. L. 97–459, title II, § 218, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat.
2004.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, which was translated as reading
‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 2218. Approval of leases, rights-of-way, and
sales of natural resources
(a) Approval by the Secretary
(1) In general
Notwithstanding any other provision of law,
the Secretary may approve any lease or agreement that affects individually owned allotted
land or any other land held in trust or restricted status by the Secretary on behalf of
an Indian, if—
(A) the owners of not less than the applicable percentage (determined under subsection
(b)) of the undivided interest in the allotted
land that is covered by the lease or agreement consent in writing to the lease or
agreement; and
(B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2) Rule of construction
Nothing in this section shall be construed to
apply to leases involving coal or uranium.
(3) Definition
In this section, the term ‘‘allotted land’’ includes any land held in trust or restricted
status by the Secretary on behalf of one or
more Indians.
(b) Applicable percentage
(1) Percentage interest
The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B) If there are more than 5 such owners,
but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C) If there are more than 10 such owners,
but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D) If there are 20 or more such owners, the
applicable percentage shall be a majority of
the interests in the allotted land.

§ 2218

(2) Determination of owners
(A) In general
For purposes of this subsection, in determining the number of owners of, and their
interests in, the undivided interest in the allotted land with respect to a lease or agreement, the Secretary shall make such determination based on the records of the Department of the Interior that identify the owners
of such lands and their interests and the
number of owners of such land on the date
on which the lease or agreement involved is
submitted to the Secretary under this section.
(B) Rule of construction
Nothing in subparagraph (A) shall be construed to authorize the Secretary to treat an
Indian tribe as the owner of an interest in
allotted land that did not escheat to the
tribe pursuant to section 2206 of this title as
a result of the Supreme Court’s decision in
Babbitt v. Youpee (117 S 1 Ct. 727 (1997)).
(c) Authority of Secretary to sign lease or agreement on behalf of certain owners
The Secretary may give written consent to a
lease or agreement under subsection (a)—
(1) on behalf of the individual Indian owner
if the owner is deceased and the heirs to, or
devisees of, the interest of the deceased owner
have not been determined; or
(2) on behalf of any heir or devisee referred
to in paragraph (1) if the heir or devisee has
been determined but cannot be located 1
(d) Effect of approval
(1) Application to all parties
(A) In general
Subject to paragraph (2), a lease or agreement approved by the Secretary under subsection (a) shall be binding on the parties described in subparagraph (B), to the same extent as if all of the owners of the undivided
interest in allotted land covered under the
lease or agreement consented to the lease or
agreement.
(B) Description of parties
The parties referred to in subparagraph (A)
are—
(i) the owners of the undivided interest
in the allotted land covered under the
lease or agreement referred to in such subparagraph; and
(ii) all other parties to the lease or
agreement.
(2) Tribe not treated as party to lease; no effect
on tribal sovereignty, immunity
(A) In general
Subparagraph (B) 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) 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.
1 So

in original. Probably should be followed by a period.

§ 2219

TITLE 25—INDIANS

(B) Application of lease
The lease or agreement described in subparagraph (A) 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.
(e) Distribution of proceeds
(1) In general
The proceeds derived from a lease or agreement that is approved by the Secretary under
subsection (a) shall be distributed to all owners of undivided interest in the allotted land
covered under the lease or agreement.
(2) Determination of amounts distributed
The amount of the proceeds under paragraph
(1) that are distributed to each owner under
that paragraph shall be determined in accordance with the portion of the undivided interest
in the allotted land covered under the lease or
agreement that is owned by that owner.
(f) Rule of construction
Nothing in this section shall be construed to
amend or modify the provisions of Public Law
105–188 (25 U.S.C. 396 note), the American Indian
Agricultural Resources Management Act (25
U.S.C. 3701 et seq.), title II of the Indian Land
Consolidation Act Amendments of 2000, or any
other Act that provides specific standards for
the percentage of ownership interest that must
approve a lease or agreement on a specified reservation.
(g) Other laws
Nothing in this chapter shall be construed to
supersede, repeal, or modify any general or specific statute authorizing the grant or approval
of any type of land use transaction involving
fractional interests in trust or restricted land.
(Pub. L. 97–459, title II, § 219, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004;
amended Pub. L. 108–374, § 6(a)(10), (11), Oct. 27,
2004, 118 Stat. 1804.)
REFERENCES IN TEXT
The American Indian Agricultural Resources Management Act, referred to in subsec. (f), probably means
the American Indian Agricultural Resource Management Act, Pub. L. 103–177, Dec. 3, 1993, 107 Stat. 2011, as
amended, which is classified generally to chapter 39
(§ 3701 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 3701 of this title and Tables.
The Indian Land Consolidation Act Amendments of
2000, referred to in subsec. (f), is Pub. L. 106–462, Nov. 7,
2000, 114 Stat. 1991. Title II of the Act enacted provisions classified as a note under section 396 of this title.
For complete classification of this Act to the Code, see
Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.
This chapter, referred to in subsec. (g), was in the
original ‘‘this Act’’, which was translated as reading
‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
AMENDMENTS
2004—Subsec. (b)(1)(A). Pub. L. 108–374, § 6(a)(10), substituted ‘‘90’’ for ‘‘100’’.

Page 432

Subsec. (g). Pub. L. 108–374, § 6(a)(11), added subsec.
(g).

§ 2219. Application to Alaska
(a) Findings
Congress finds that—
(1) numerous academic and governmental organizations have studied the nature and extent of fractionated ownership of Indian land
outside of Alaska and have proposed solutions
to this problem; and
(2) despite these studies, there has not been
a comparable effort to analyze the problem, if
any, of fractionated ownership in Alaska.
(b) Application of chapter to Alaska
Except as provided in this section, this chapter shall not apply to land located within Alaska.
(c) Rule of construction
Nothing in this section shall be construed to
constitute a ratification of any determination
by any agency, instrumentality, or court of the
United States that may support the assertion of
tribal jurisdiction over allotment lands or interests in such land in Alaska.
(Pub. L. 97–459, title II, § 220, as added Pub. L.
106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat.
2006.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, which was translated as reading
‘‘this title’’, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.

§ 2220. Owner-managed interests
(a) Purpose
The purpose of this section is to provide a
means for the owner or co-owners of trust or restricted interests in a parcel of land to enter
into surface leases of such parcel for certain
purposes without approval of the Secretary.
(b) Mineral interests
Nothing in this section shall be construed to
limit or otherwise affect the application of any
Federal law requiring the Secretary to approve
mineral leases or other agreements for the development of the mineral interest in trust or restricted land.
(c) Owner management
(1) In general
Notwithstanding any provision of Federal
law requiring the Secretary to approve individual Indian leases of individual Indian trust
or restricted land, where the owners of all of
the undivided trust or restricted interests in a
parcel of land have submitted applications to
the Secretary pursuant to subsection (a), and
the Secretary has approved such applications
under subsection (d), such owners may, without further approval by the Secretary, enter
into a lease of the parcel for agricultural purposes for a term not to exceed 10 years.
(2) Rule of construction
No such lease shall be effective until it has
been executed by the owners of all undivided
trust or restricted interests in the parcel.

Page 433

TITLE 25—INDIANS

(d) Approval of applications for owner management
(1) In general
Subject to the provisions of paragraph (2),
the Secretary shall approve an application for
owner management submitted by a qualified
applicant pursuant to this section unless the
Secretary has reason to believe that the applicant is submitting the application as the result of fraud or undue influence. No such application shall be valid or considered if it is received by the Secretary prior to the date that
is 1 year after the date on which notice is published pursuant to section 8(a)(4) of the American Indian Probate Reform Act of 2004.
(2) Commencement of owner-managed status
Notwithstanding the approval of 1 or more
applications pursuant to paragraph (1), no
trust or restricted interest in a parcel of land
shall acquire owner-managed status until applications for all of the trust or restricted interests in such parcel of land have been submitted to and approved by the Secretary pursuant to this section.
(e) Validity of leases
No lease of trust or restricted interests in a
parcel of land that is owner-managed under this
section shall be valid or enforceable against the
owners of such interests, or against the land, the
interest or the United States, unless such
lease—
(1) is consistent with, and entered into in accordance with, the requirements of this section; or
(2) has been approved by the Secretary in accordance with other Federal laws applicable to
the leasing of trust or restricted land.
(f) Lease revenues
The Secretary shall not be responsible for the
collection of, or accounting for, any lease revenues accruing to any interests under a lease authorized by subsection (e), so long as such interest is in owner-managed status under the provisions of this section.
(g) Jurisdiction
(1) Jurisdiction unaffected by status
The Indian tribe with jurisdiction over an
interest in trust or restricted land that becomes owner-managed pursuant to this section shall continue to have jurisdiction over
the interest to the same extent and in all respects that such tribe had prior to the interest
acquiring owner-managed status.
(2) Persons using land
Any person holding, leasing, or otherwise
using such interest in land shall be considered
to consent to the jurisdiction of the Indian
tribe referred to in paragraph (1), including
such tribe’s laws and regulations, if any, relating to the use, and any effects associated with
the use, of the interest.
(h) Continuation of owner-managed status; revocation
(1) In general
Subject to the provisions of paragraph (2),
after the applications of the owners of all of

§ 2220

the trust or restricted interests in a parcel of
land have been approved by the Secretary pursuant to subsection (d), each such interest
shall continue in owner-managed status under
this section notwithstanding any subsequent
conveyance of the interest in trust or restricted status to another person or the subsequent descent of the interest in trust or restricted status by testate or intestate succession to 1 or more heirs.
(2) Revocation
Owner-managed status of an interest may be
revoked upon written request of the owners
(including the parents or legal guardians of
minors or incompetent owners) of all trust or
restricted interests in the parcel, submitted to
the Secretary in accordance with regulations
adopted under subsection (l).1 The revocation
shall become effective as of the date on which
the last of all such requests has been delivered
to the Secretary.
(3) Effect of revocation
Revocation of owner-managed status under
paragraph (2) shall not affect the validity of
any lease made in accordance with the provisions of this section prior to the effective date
of the revocation, provided that, after such
revocation becomes effective, the Secretary
shall be responsible for the collection of, and
accounting for, all future lease revenues accruing to the trust or restricted interests in
the parcel from and after such effective date.
(i) Defined terms
(1) For purposes of subsection (d)(1), the term
‘‘qualified applicant’’ means—
(A) a person over the age of 18 who owns a
trust or restricted interest in a parcel of land;
and
(B) the parent or legal guardian of a minor
or incompetent person who owns a trust or restricted interest in a parcel of land.
(2) For purposes of this section, the term
‘‘owner-managed status’’ means, with respect to
a trust or restricted interest, that—
(A) the interest is a trust or restricted interest in a parcel of land for which applications
covering all trust or restricted interests in
such parcel have been submitted to and approved by the Secretary pursuant to subsection (d);
(B) the interest may be leased without approval of the Secretary pursuant to, and in a
manner that is consistent with, the requirements of this section; and
(C) no revocation has occurred under subsection (h)(2).
(j) Secretarial approval of other transactions
Except with respect to the specific lease transaction described in paragraph (1) of subsection
(c), interests that acquire owner-managed status
under the provisions of this section shall continue to be subject to all Federal laws requiring
the Secretary to approve transactions involving
trust or restricted land (including leases with
terms of a duration in excess of 10 years) that
would otherwise apply to such interests if the
1 See

References in Text note below.

§ 2221

TITLE 25—INDIANS

interests had not acquired owner-managed
status under this section.
(k) Effect of section
Subject to subsections (c), (f), and (h), nothing
in this section diminishes or otherwise affects
any authority or responsibility of the Secretary
with respect to an interest in trust or restricted
land.
(Pub. L. 97–459, title II, § 221, as added Pub. L.
108–374, § 5, Oct. 27, 2004, 118 Stat. 1795; amended
Pub. L. 110–453, title II, § 207(e), Dec. 2, 2008, 122
Stat. 5033.)
REFERENCES IN TEXT
Section 8(a)(4) of the American Indian Probate Reform Act of 2004, referred to in subsec. (d)(1), is section
8(a)(4) of Pub. L. 108–374, which is set out as a note
under section 2201 of this title.
Subsection (l), referred to in subsec. (h)(2), probably
should be a reference to section 10 of Pub. L. 108–374,
which is set out as a note under section 2201 of this
title and relates to the adoption of regulations. This
section does not contain a subsec. (l).
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–453 inserted ‘‘owner or’’
before ‘‘co-owners’’.

§ 2221. Annual notice and filing; current whereabouts of interest owners
On at least an annual basis, the Secretary
shall include along with other regular reports to
owners of trust or restricted interests in land
and individual Indian money account owners a
change of name and address form by means of
which the owner may confirm or update the
owner’s name and address. The change of name
and address form shall include a section in
which the owner may confirm and update the
owner’s name and address.
(Pub. L. 97–459, title II, § 222, as added Pub. L.
108–374, § 7, Oct. 27, 2004, 118 Stat. 1809.)
CHAPTER 25—OLD AGE ASSISTANCE CLAIMS
SETTLEMENT
Sec.

2301.
2302.
2303.
2304.
2305.
2306.
2307.

Definitions.
Payment of claims.
Notice.
Identification of right to payment and expedited claim payment.
Discharge and barring of claims.
Authorization of appropriations.
Treatment of funds.

published on April 17, 1985, at page 15290 of volume 50 of the Federal Register, as modified or
amended on November 13, 1985, at page 46835 of
volume 50 of the Federal Register, or the list
published on March 31, 1983, at page 13698 of
volume 48 of the Federal Register, as modified
or amended on November 7, 1983, at page 51204
of volume 48 of the Federal Register; and
(3) ‘‘trust estate’’ means that portion of the
estate that consists of real or personal property, title to which is held by the United
States for the benefit of the Indian or which
may not be alienated without the consent of
the Secretary.
(Pub. L. 98–500, § 2, Oct. 19, 1984, 98 Stat. 2317;
Pub. L. 100–153, § 5, Nov. 5, 1987, 101 Stat. 886.)
AMENDMENTS
1987—Par. (2). Pub. L. 100–153 inserted proviso that
‘‘unauthorized disbursement’’ includes specifically
identified reimbursements for welfare payments.
SHORT TITLE
Pub. L. 98–500, § 1, Oct. 19, 1984, 98 Stat. 2317, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Old Age Assistance Claims Settlement Act’.’’

§ 2302. Payment of claims
(a) Authority of Secretary
The Secretary is authorized and directed to
determine the portion of any unauthorized disbursement to which any individual under this
chapter is entitled, and to pay to such individual the amount which the Secretary determines
such individual to be entitled. Any payment
under this provision shall include interest at a
rate of 5 per centum per annum, simple interest,
from the date on which such disbursement was
made from the trust estate of the deceased Indian.
(b) Minimum amount for payment
No payment shall be made to a person under
subsection (a) with respect to any unauthorized
disbursement from the trust estate of a deceased
Indian if—
(1) the total amount of unauthorized disbursements from such trust estate was less
than $50; or
(2) the payment (not including interest)
would be less than $10.
(Pub. L. 98–500, § 3, Oct. 19, 1984, 98 Stat. 2317;
Pub. L. 100–581, title II, § 201, Nov. 1, 1988, 102
Stat. 2939.)

§ 2301. Definitions
For purposes of this chapter, the term—
(1) ‘‘Secretary’’ means the Secretary of the
Interior;
(2) ‘‘unauthorized disbursement’’ means a
disbursement made from the trust estate of a
deceased Indian which was made by the Secretary to a State or a political subdivision of
a State for the purpose of reimbursing the
State or political subdivision for any old age
assistance made to the deceased Indian before
death in violation of Federal laws governing
Indian trust property: Provided, That, except
for purposes of section 2303 of this title, the
term also includes the reimbursements for
welfare payments identified in either the list

Page 434

AMENDMENTS
1988—Subsec. (b). Pub. L. 100–581 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘No payment shall be made under subsection (a)
with respect to any unauthorized disbursement from
the trust estate of a deceased Indian if the total
amount of unauthorized disbursement from such trust
estate was less than $50.’’

§ 2303. Notice
(a) Publication; list of trust estates; unauthorized
disbursements; Federal Register
Within one hundred and eighty days after October 19, 1984, the Secretary shall publish in the
Federal Register a list of all trust estates from
which unauthorized disbursements are known to