§ 2216. Trust and restricted land transactions

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. 2000

   Pub. L. 97–459 title II § 217 · 96 Stat. 2515

   Enacted · 25 U.S.C. § 2216

   Pub. L. 97–459, title II, § 217, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002

   Source evidence

   Code source credit
   Pub. L. 97–459, title II, § 217, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2002

2. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(9)(A) · 118 Stat. 1773

   1. Added · 25 U.S.C. § 2216(b)(1)(B)

      Pub. L. 108–374, § 6(a)(9)(A), added subpar. (B)

   2. Struck · 25 U.S.C. § 2216(b)(1)(B)

      Pub. L. 108–374, § 6(a)(9)(A), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (A) in subsection (b)(1), by striking subparagraph (B) and inserting a new subparagraph (B) as follows: “(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.” ;

   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. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(9)(B) · 118 Stat. 1773

   1. Added · 25 U.S.C. § 2216(e)

      Pub. L. 108–374, § 6(a)(9)(B), added introductory provisions

   2. Struck · 25 U.S.C. § 2216(e)

      Pub. L. 108–374, § 6(a)(9)(B), 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—”

   Source evidence

   Code amendment note
   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—”.

   Enacted provision · exact public law section
   (B) in subsection (e), by striking the matter preceding paragraph (1), and inserting “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”;

   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. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(9)(C) · 118 Stat. 1773

   Struck · 25 U.S.C. § 2216(e)(1)

   Pub. L. 108–374, § 6(a)(9)(C), struck out “Indian” before “owners”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 108–374, § 6(a)(9)(C), struck out “Indian” before “owners”.

   Enacted provision · exact public law section
   (C) in subsection (e)(1), by striking “Indian”;

   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. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(9)(D) · 118 Stat. 1773

   Substituted · 25 U.S.C. § 2216(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (D) in subsection (e)(3), by striking “prospective applicants for the leasing, use, or consolidation of” and inserting “any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate,”; 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.

6. 2004

   American Indian Probate Reform Act of 2004

   Pub. L. 108–374 § 6(a)(9)(E) · 118 Stat. 1773

   1. Added · 25 U.S.C. § 2216(f)

      Pub. L. 108–374, § 6(a)(9)(E), added subsec. (f)

   2. Struck · 25 U.S.C. § 2216(f)

      Pub. L. 108–374, § 6(a)(9)(E), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (E) by striking subsection (f) and inserting the following: “(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 206(c)(2)(A)(iv)) if the conveyance requires that in the event that the parcel or interest is offered for sale to an entity or person that is not a member of the family of the landowner, the Indian tribe with jurisdiction over the land shall be afforded the opportunity to purchase the interest pursuant to paragraph (1). “(B) Applicability of other provision.— Section 206(c)(2)(A) shall apply with respect to the recording and mortgaging of any trust or restricted land referred to in subparagraph (A).” ;

   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. 2005

   Indian Land Probate Reform Technical Corrections Act of 2005

   Pub. L. 109–157 § 7 · 119 Stat. 2949

   Substituted · 25 U.S.C. § 2216(e)

   Pub. L. 109–157 substituted “be made available to—” for “be made available to”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–157 substituted “be made available to—” for “be made available to”.

   Enacted provision · exact public law section
   SEC. 7. LAND OWNERSHIP INFORMATION.   Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 2216(e)) is amended by striking “be made available to” and inserting “be made available to—”.

   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 of 10 references resolved to an enrolled provision · 1 partial