40 U.S.C. § 523

Excess real property located on Indian reservations

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(a)Procedures for Transfer.—The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.(b)Property Held in Trust.—(1)In general.—Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located.(2)Special requirement for oklahoma.—The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property—(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or(B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

523

40:483(a)(2).

June 30, 1949, ch. 288, title II, § 202(a)(2), as added Pub. L. 93–599, (2), Jan. 2, 1975, 88 Stat. 1954.

Notes of Decisions
Cited in 13 cases, 1959–2016 · leading case: Shawnee Tribe v. United States, 405 F.3d 1121 (10th Cir. 2005).
Shawnee Tribe v. United States, 405 F.3d 1121 (10th Cir. 2005). · cites it 5× “40 U.S.C. § 523 . The Sunflower Property is located within the original reservation boundaries of the Shawnee Tribe.”
Upstate Citizens for Equality, Inc. v. United States, 841 F.3d 556 (2d Cir. 2016). “1571)), the United States took land into trust for the Tribe under the "excess real property” provisions of 40 U.S.C. § 523 . See Gov't Br. 62-65. Thus, the government submits, even under Plaintiffs' interpretation of § 2201(1), by 2013 the Tribe was eligible for additional land…”
Shawnee Tribe v. United States, 423 F.3d 1204 (10th Cir. 2005). · cites it 5× “40 U.S.C. § 523 . The Sunflower Property is located within the historic reservation boundaries of the Shawnee Tribe.”
Shawnee Tribe v. United States, 311 F. Supp. 2d 1181 (D. Kan. 2004). · cites it 4× “The Tribe claimed that the GSA should transfer the property pursuant to 40 U.S.C. § 523 , which provides for transfer of excess real property located within an Indian reservation to the DOI, to be held in trust for the benefit of the tribe.”
John Gieringer v. Ctr. Sch. Dist. No. 58, 477 F.2d 1164 (8th Cir. 1973). “Congress, in fact, did authorize continued in-lieu-of-tax payments for 1969 and 1970 pursuant to 40 U.S.C. § 523 . The legislation, however, was repealed effective January 1, 1971.”
Cent. New York Fair Bus. Ass'n v. Jewell, 673 F. App'x 63 (2d Cir. 2016). “§§ 1981 , 1982, 1983, and 40 U.S.C. § 523 , and the denial of a motion for limited discovery, see Central N.”
United States v. Cnty. of Lawrence, 173 F. Supp. 307 (W.D. Pa. 1959). “1 , the 1955 and 1956 taxes were finally excluded because of the passage of Public Law 388, 40 U.S.C.A. § 523 , which became effective January 1, 1955.”
United States v. Cnty. of Lawrence, City of New Castle, City of New Castle Sch. Dist., Cnty. of Lawrence Inst. Dist., 280 F.2d 462 (3rd Cir. 1960). “Lessor or Lessee with respect to or upon the leased premises or any part thereof, or upon the occupier thereof, or upon the use or operation of the lease premises, and in such event, the additional rent provided by sub-paragraph (a) of this paragraph 11 shaE be renegotiated so…”
Upstate Citizens for Equality, Inc. v. United States, 839 F.3d 556 (2d Cir. 2016). “1571)), the United States took land into trust for the Tribe under the “excess real property” provisions of 40 U.S.C. § 523 . See Gov’t Br. 62-65. Thus, the government submits, even under Plaintiffs' interpretation of § 2201(1), by 2013 the Tribe was eligible for additional land…”
Upstate Citizens for Equality v. United States (2d Cir. 2016). “1571)), the United States took land into trust for the Tribe under the “excess real property” provisions of 40 U.S.C. § 523 . See Gov’t Br. 62‐65. Thus, the government submits, even under Plaintiffs’ interpretation of § 2201(1), by 2013 the Tribe was eligible for additional land…”
Disposition of Proceeds From the Sale of Real Prop. Acquired With Money From the Soc. Sec. Trust Funds (OLC 2010). “3d at 1215-16 ; see also 40 U.S.C. § 523 (a) (“The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of…”
Disposition of Proceeds from the Sale of Gov't Bldgs. Acquired with Soc. Sec. Trust Funds (OLC 2010). “3d at 1215–16; see also 40 U.S.C. § 523 (a) (“The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of…”
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