§ 2201 TITLE 25—INDIANS Page 598

constitution or charter adopted by such tribe

pursuant to that Act [25 U.S.C. 461 et seq.].

(Pub. L. 97–382, §9, Dec. 22, 1982, 96 Stat. 1940.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly

known as the Indian Reorganization Act, is classified

generally to subchapter V (§461 et seq.) of chapter 14 of

this title. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of

this title and Tables.

CHAPTER 24—INDIAN LAND

CONSOLIDATION

Sec.

2201. Definitions.

2202. Other applicable provisions.

2203. Adoption of land consolidation plan with approval of Secretary.

(a) Statement of purpose; sales or exchanges: terms and conditions.

(b) Conveyancing requirement; specific

findings for nonexecution.

(c) Below market value conveyance of

Cherokee Nation of Oklahoma

homesites.

2204. Purchase of trust or restricted or controlled

lands at no less than fair market value; requisite conditions.

2205. Descent and distribution of trust or restricted

or controlled lands; tribal ordinance barring nonmembers of tribe or non-Indians

from inheritance by devise or descent; limitation on life estate.

(a) Descent or distribution.

(b) Life estate; limitation.

2206. Escheat to tribe of trust or restricted or controlled lands; fractional interest; Indian

tribal code.

(a) Escheat to tribe; rebuttable presumption.

(b) Escheatable fractional interest.

(c) Adoption of Indian tribal code.

2207. Full faith and credit to tribal actions under

tribal ordinances limiting descent and distribution of trust or restricted or controlled

lands.

2208. Conveyancing authority upon sale or exchange of tribal lands; removal of trust

status of individually owned lands.

2209. Trusteeship title of United States for any Indian or Indian tribe.

2210. Tax exemption.

2211. Governing body of tribe; construction of

chapter as not vesting with authority not

authorized by tribal constitution or bylaws.

§ 2201. Definitions

For the purpose of this chapter—

(1) ‘‘tribe’’ means any Indian tribe, band,

group, pueblo, or community for which, or for

the members of which, the United States holds

lands in trust;

(2) ‘‘Indian’’ means any person who is a

member of a tribe or any person who is recognized as an Indian by the Secretary of the Interior;

(3) ‘‘Secretary’’ means the Secretary of the

Interior, and

(4) ‘‘trust or restricted lands’’ means lands,

title to which is held by the United States in

trust for an Indian or an Indian tribe or lands

title to which is held by Indians or an Indian

tribe subject to a restriction by the United

States against alienation.

(Pub. L. 97–459, title II, §202, Jan. 12, 1983, 96

Stat. 2517.)

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102–238, §1, Dec. 17, 1991, 105 Stat. 1908, provided that: ‘‘This Act [amending sections 2203, 2703, and

2718 of this title, enacting provisions set out as a note

under section 1437f of Title 42, The Public Health and

Welfare, and repealing provisions set out as a note

under section 1437f of Title 42] may be cited as the

‘Technical Amendments to Various Indian Laws Act of

1991’.’’

SHORT TITLE

Section 201 of title II of Pub. L. 97–459 provided that:

‘‘This title [enacting this chapter] may be cited as the

‘Indian Land Consolidation Act’.’’

§ 2202. Other applicable provisions

The provisions of section 465 of this title shall

apply to all tribes notwithstanding the provisions of section 478 of this title: Provided, That

nothing in this section is intended to supersede

any other provision of Federal law which authorizes, prohibits, or restricts the acquisition

of land for Indians with respect to any specific

tribe, reservation, or state(s).

(Pub. L. 97–459, title II, §203, Jan. 12, 1983, 96

Stat. 2517.)

§ 2203. Adoption of land consolidation plan with

approval of Secretary

(a) Statement of purpose; sales or exchanges:

terms and conditions

Notwithstanding any other provision of law,

any tribe, acting through its governing body, is

authorized, with the approval of the Secretary

to adopt a land consolidation plan providing for

the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings: Provided, That—

(1) except as provided by subsection (c) of

this section, the sale price or exchange value

received by the tribe for land or interests in

land covered by this section shall be no less

than within 10 per centum of the fair market

value as determined by the Secretary;

(2) if the tribal land involved in an exchange

is of greater or lesser value than the land for

which it is being exchanged, the tribe may accept or give cash in such exchange in order to

equalize the values of the property exchanged;

(3) any proceeds from the sale of land or interests in land or proceeds received by the

tribe to equalize an exchange made pursuant

to this section shall be used exclusively for

the purchase of other land or interests in land;

(4) the Secretary shall maintain a separate

trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and

exchanges and shall release such funds only

for the purpose of buying lands under this section; and

(5) any tribe may retain the mineral rights

to such sold or exchanged lands and the Secretary shall assist such tribe in determining

the value of such mineral rights and shall take

such value into consideration in determining

the fair market value of such lands.