Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 25 — Indians

Chapter 24 — Indian Land Consolidation

§ 2212. Fractional interest acquisition program

Statutory text

(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

(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.

Footnotes

  1. 1 So in original. Probably should be followed by a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 97–459 title II § 213 · 96 Stat. 2515

    Enacted · 25 U.S.C. § 2212

    Pub. L. 97–459, title II, § 213, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 1999

    Source evidence

    Code source credit
    Pub. L. 97–459, title II, § 213, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 1999

  2. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(A) · 118 Stat. 1773

    Substituted · 25 U.S.C. § 2212

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (A) by striking the section heading and inserting the following: “SEC. 2212. FRACTIONAL INTEREST ACQUISITION PROGRAM.” ;

    Effective date note
    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.

  3. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(B)(i) · 118 Stat. 1773

    Inserted · 25 U.S.C. § 2212(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,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    (i) adding in paragraph (1) “or from an heir during probate in accordance with section 207(p) (25 U.S.C. 2206(p))” after “owner,”; and

    Effective date note
    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.

  4. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(B)(ii) · 118 Stat. 1773

    1. Substituted · 25 U.S.C. § 2212(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”

    2. Substituted · 25 U.S.C. § 2212(a)(2)

      Pub. L. 108–374, § 6(a)(5)(B)(ii), (iii), reenacted heading without change, substituted “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”

    3. Struck · 25 U.S.C. § 2212(a)(2)

      Pub. L. 108–374, § 6(a)(5)(B)(ii), (iii), reenacted heading without change, 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (ii) striking “(2) Authority of secretary.—” and all that follows through “the Secretary shall submit” and inserting the following: “(2) Authority of secretary.— The Secretary shall submit” ; and

    Effective date note
    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.

  5. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(C) · 118 Stat. 1773

    1. Added · 25 U.S.C. § 2212(b)(4)

      Pub. L. 108–374, § 6(a)(5)(C), added par. (4)

    2. Struck · 25 U.S.C. § 2212(b)(4)

      Pub. L. 108–374, § 6(a)(5)(C), struck out former par. (4) which read as follows: “shall minimize the administrative costs associated with the land acquisition program.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (C) in subsection (b), by striking paragraph (4) and inserting the following: “(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.” ;

    Effective date note
    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.

  6. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(D)(i)(I) · 118 Stat. 1773

    1. Substituted · 25 U.S.C. § 2212(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”

    2. Inserted · 25 U.S.C. § 2212(c)(1)(A)

      Pub. L. 108–374, § 6(a)(5)(D)(i)(I)–(III), inserted “in such parcel” after “the Secretary shall convey an interest”

    3. Substituted · 25 U.S.C. § 2212(c)(1)(A)

      Pub. L. 108–374, § 6(a)(5)(D)(i)(I)–(III), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (I) in subparagraph (A), by striking “at least 5 percent of the” and inserting in its place “an”;

    Effective date note
    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.

  7. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(D)(i)(IV) · 118 Stat. 1773

    Inserted · 25 U.S.C. § 2212(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (IV) in subparagraph (B), by inserting before the period at the end the following: “unless the interest is subject to a foreclosure of a mortgage in accordance with the Act of March 29, 1956 (25 U.S.C. 483a)”; and

    Effective date note
    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.

  8. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(D)(ii) · 118 Stat. 1773

    Substituted · 25 U.S.C. § 2212(c)(3)

    Pub. L. 108–374, § 6(a)(5)(D)(ii), substituted “an undivided interest” for “10 percent or more of the undivided interests”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (ii) in paragraph (3), by striking “10 percent or more of the undivided interests” and inserting “an undivided interest”; and

    Effective date note
    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.

  9. American Indian Probate Reform Act of 2004

    Pub. L. 108–374 § 6(a)(5)(E) · 118 Stat. 1773

    Added · 25 U.S.C. § 2212(d)

    Pub. L. 108–374, § 6(a)(5)(E), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–374, § 6(a)(5)(E), added subsec. (d).

    Enacted provision · exact public law section
    (E) by adding at the end of the section: “(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.” ;

    Effective date note
    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.

  10. Indian Land Probate Reform Technical Corrections Act of 2005

    Pub. L. 109–157 § 5(1) · 119 Stat. 2949

    Amended · 25 U.S.C. § 2212

    Pub. L. 109–157, § 5(1), amended section catchline generally making technical correction to section designation

    Source evidence

    Code amendment note
    Pub. L. 109–157, § 5(1), amended section catchline generally making technical correction to section designation.

    Enacted provision · exact public law section
    (1) by striking the section heading and inserting the following: “SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.” ; and

    Effective date note
    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.

  11. Indian Land Probate Reform Technical Corrections Act of 2005

    Pub. L. 109–157 § 5(2) · 119 Stat. 2949

    Changed · 25 U.S.C. § 2212(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) in subsection (a)(1), by striking “(25 U.S.C. 2206(p))”.

    Effective date note
    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.

  12. Pub. L. 110–453 title II § 207(d) · 122 Stat. 5027

    Substituted · 25 U.S.C. § 2212(a)(1)

    Pub. L. 110–453 substituted “section 2206(o)” for “section 2206(p)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–453 substituted “section 2206(o)” for “section 2206(p)”.

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 213(a)(1) of the Indian Land Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by striking “section 207(p)” and inserting “section 207(o)”.

16 of 17 references resolved to an enrolled provision · 1 partial

Editorial Notes

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, , 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.

Amendments2004–2008 · 3 rounds

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 Subsidiaries

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.

Credits

2000–2008 · 4 acts
  1. 2000Pub. L. 97–459, title II, § 213, as added Pub. L. 106–462, title I, § 103(6), , 114 Stat. 1999
  2. 2004amended Pub. L. 108–374, § 6(a)(5), , 118 Stat. 1800
  3. 2005Pub. L. 109–157, § 5, , 119 Stat. 2952
  4. 2008Pub. L. 110–453, title II, § 207(d), , 122 Stat. 5033.
Show as published

(Pub. L. 97–459, title II, § 213, as added Pub. L. 106–462, title I, § 103(6), , 114 Stat. 1999; amended Pub. L. 108–374, § 6(a)(5), , 118 Stat. 1800; Pub. L. 109–157, § 5, , 119 Stat. 2952; Pub. L. 110–453, title II, § 207(d), , 122 Stat. 5033.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s2212