---
kind: "section"
citation: "25 U.S.C. § 167"
title: "25"
title_heading: "Indians"
number: "167"
heading: "Trust status of lease payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/167"
units:
  - "Chapter 4 — Performance by United States of Obligations to Indians"
  - "Subchapter III — Deposit, Care, and Investment of Indian Moneys"
---

# §167. Trust status of lease payments

- (a) **Definition of Secretary—** In this section, the term “[Secretary](/usc/25/5130.md?p=1)” means the [Secretary](/usc/25/5130.md?p=1) of the Interior.
- (b) **Treatment of lease payments—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2) and at the request of the [Indian tribe](/usc/25/5130.md?p=2) or individual Indian, any advance payments, bid deposits, or other earnest money received by the [Secretary](/usc/25/5130.md?p=1) in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any [Indian tribe](/usc/25/5130.md?p=2) or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the [Indian tribe](/usc/25/5130.md?p=2) and individual Indian from whose land the funds were generated.
  - (2) **Restriction—** If the advance payment, bid deposit, or other earnest money received by the [Secretary](/usc/25/5130.md?p=1) results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system.
- (c) **Use of funds—**
  - (1) **In general—** On the approval of the [Secretary](/usc/25/5130.md?p=1) of a contract or other instrument for a sale, lease, permit, or any other conveyance described in [subsection (b)(1)](#b-1), the funds held in the trust fund system and described in [subsection (b)](#b), along with all income generated from the investment of those funds, shall be disbursed to the [Indian tribe](/usc/25/5130.md?p=2) or individual Indian landowners.
  - (2) **Administration—** If a contract or other instrument for a sale, lease, permit, or any other conveyance described in [subsection (b)(1)](#b-1) is not approved by the [Secretary](/usc/25/5130.md?p=1), the funds held in the trust fund system and described in [subsection (b)](#b), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue.
- (d) **Applicability—** This section shall apply to any advance payment, bid deposit, or other earnest money received by the [Secretary](/usc/25/5130.md?p=1) in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any [Indian tribe](/usc/25/5130.md?p=2) or individual Indian on or after December 18, 2018.

## Source credit

(Pub. L. 115–325, title II, § 207, Dec. 18, 2018, 132 Stat. 4464.)