25 U.S.C. § 2212

Fractional interest acquisition program

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(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) RequirementsIn 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 11 So in original. Probably should be followed by a period. 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(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 generalAt 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.)Editorial NotesReferences 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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 5 cases, 2013–2018 · leading case: Bd. of Commissioners of Cherokee Cnty., Kansas v. Kempthorne, 956 F. Supp. 2d 116 (D.D.C. 2013).

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Bd. of Commissioners of Cherokee Cnty., Kansas v. Kempthorne, 956 F. Supp. 2d 116 (D.D.C. 2013). · cites it 4× “1999 (codified as amended at 25 U.S.C. § 2212 (a)). In doing so, the Secretary was instructed to “promote the policies provided for in section 102 of the Indian Land Consolidation Act Amendments of 2000,” 25 U.”

Pub. Serv. Co. of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017). “Among other avenues, tribes may now purchase interests in' previously allotted lands, 25 U.S.C. § 2212 , or inherit less than five percent of an undivided ownership interest through intestate descent, 25 U.”

Enable Okla. Intrastate Transmission, LLC v. 25 Foot Wide Easement, 908 F.3d 1241 (10th Cir. 2018). “Subsequent acts of Congress entitled Indian tribes to purchase interests in previously allotted lands, 25 U.S.C. § 2212 , and to inherit small fractional interests in land through intestate descent, 25 U.”

Pub. Serv. Co. v. Approximately 15.49 Acres of Land in McKinley, 167 F. Supp. 3d 1248 (D.N.M. 2016). “25 U.S.C. § 2212 . Despite Congress’s efforts, “interests in lands already allotted continued to splinter with each generation.”

Davilla v. Enable Midstream Partners, L.P., 247 F. Supp. 3d 1233 (W.D. Okla. 2017). “Section 2213(a), however, only relates to an Indian tribe receiving a fractional interest under 25 U.S.C. § 2212 and does not address individual Indian owners.”

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