§2204. Purchase of trust or restricted or controlled lands at no less than fair market value; requisite conditions

(a) In general

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 over 50 per centum of the undivided interests 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.

(b) Conditions applicable to purchase

Subsection (a) of this section 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 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.

( 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 .)

Amendments

2001-Pub. L. 106–462, §103(2)(A)(iii), which directed substitution of subsec. (b) designation and heading and "Subsection (a) of this section 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) of this section, 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 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".