Page 599 TITLE 25—INDIANS § 2205

1So in original. Probably should be ‘‘in’’.

(b) Conveyancing requirement; specific findings

for nonexecution

The Secretary must execute such instrument

of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he

makes a specific finding that such sale or exchange is not in the best interest of the tribe or

is not in compliance with the tribal land consolidation plan.

(c) Below market value conveyance of Cherokee

Nation of Oklahoma homesites

The Secretary may execute instruments of

conveyance for less than fair market value to effectuate the transfer of lands used as homesites

held, on December 17, 1991, by the United States

in trust for the Cherokee Nation of Oklahoma.

Only the lands used as homesites, and described

in the land consolidation plan of the Cherokee

Nation of Oklahoma approved by the Secretary

on February 6, 1987, shall be subject to this subsection.

(Pub. L. 97–459, title II, §204, Jan. 12, 1983, 96

Stat. 2517; Pub. L. 98–608, §1(1), Oct. 30, 1984, 98

Stat. 3171; Pub. L. 102–238, §3, Dec. 17, 1991, 105

Stat. 1908.)

AMENDMENTS

1991—Subsec. (a)(1). Pub. L. 102–238, §3(1), substituted

‘‘(1) except as provided by subsection (c) of this section,

the sale price’’ for ‘‘(1) the sale price’’.

Subsec. (c). Pub. L. 102–238, §3(2), added subsec. (c).

1984—Subsec. (a). Pub. L. 98–608 amended subsec. (a)

generally, substituting ‘‘: Provided, That—’’ for period

at end and inserting five numbered pars., thereby correcting errors originally contained in this section as

enacted by Pub. L. 97–459, the text of which had a portion of section 204 appearing in section 206 (classified to

section 2205 of this title) as the result of inadvertent

error in the execution of committee amendments (see

House Report No. 97–908, Sept. 30, 1982) to the bill. Pub.

L. 97–459 enacted subsec. (a) as ending with ‘‘tribal

landholdings.’’, and included portion of section 204 containing proviso and five numbered pars. within text of

section 206.

Subsec. (b). Pub. L. 98–608 included subsec. (b) within

this section and substituted a period for the dash after

‘‘tribal land consolidation plan’’, thereby correcting errors originally contained in this section as enacted by

Pub. L. 97–459, which, as the result of inadvertent error

in the execution of committee amendments (see House

Report No. 97–908, Sept. 30, 1982) to the bill, enacted

subsec. (b) as part of section 206(b) of Pub. L. 97–459 and

ended it with ‘‘tribal land consolidation plan—’’.

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

value; requisite conditions

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: Provided,

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;

(3) all purchases and sales initiated under

this section shall be subject to approval by the

Secretary.

(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.)

AMENDMENTS

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’’.

§ 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

Notwithstanding any other provision of law,

any Indian tribe, subject to approval by the Secretary, may adopt its own code of laws to govern

descent and distribution of trust or restricted

lands within that tribe’s reservation or otherwise subject to that tribe’s jurisdiction, and

may provide that nonmembers of the tribe or

non-Indians shall not be entitled to receive by

devise or descent any interest or 1 trust or restricted lands within that tribe’s reservation or

otherwise subject to that tribe’s jurisdiction:

Provided, That in the event a tribe takes such

action—

(1) if an Indian dies intestate, the surviving

non-Indian or nonmember spouse and/or children may elect to receive a life estate in as

much of the trust or restricted lands as such

person or persons would have been entitled to

take in the absence of such restriction on eligibility for inheritance and the remainder

shall vest in the Indians or tribal members

who would have been heirs in the absence of a

qualified person taking a life estate;