---
kind: "section"
citation: "25 U.S.C. § 2213"
title: "25"
title_heading: "Indians"
number: "2213"
heading: "Administration of acquired fractional interests; disposition of proceeds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/2213"
units:
  - "Chapter 24 — Indian Land Consolidation"
---

# §2213. Administration of acquired fractional interests; disposition of proceeds

- (a) **In general—** Subject to the conditions described in [subsection (b)(1)](#b-1), an [Indian tribe](/usc/25/5130.md?p=2) receiving a fractional interest under [section 2212 of this title](/usc/25/2212.md) may, as a tenant in common with the other owners of the [trust or restricted lands](/usc/25/2201.md?p=4-i), lease the interest, sell the resources, consent to the granting of rights-of-way, or engage in any other transaction affecting the trust or restricted land authorized by law.
- (b) **Application of revenue from acquired interests to land consolidation program—**
  - (1) **In general—** The [Secretary](/usc/25/2201.md?p=3) shall have a lien on any revenue accruing to an interest described in [subsection (a)](#a) until the [Secretary](/usc/25/2201.md?p=3) provides for the removal of the lien under paragraph [(3)](#b-3), [(4)](#b-4), or [(5)](#b-5).
  - (2) **Requirements—**
    - (A) **In general—** Until the [Secretary](/usc/25/2201.md?p=3) removes a lien from an interest in land under [paragraph (1)](#b-1)—
      - (i) any lease, resource sale contract, right-of-way, or other document evidencing a transaction affecting the interest shall contain a clause providing that all revenue derived from the interest shall be paid to the [Secretary](/usc/25/2201.md?p=3); and
      - (ii) any revenue derived from any interest acquired by the [Secretary](/usc/25/2201.md?p=3) in accordance with [section 2212 of this title](/usc/25/2212.md) shall be deposited in the fund created under [section 2215 of this title](/usc/25/2215.md).
    - (B) **Approval of transactions—** Notwithstanding [section 5123 of this title](/usc/25/5123.md), or any other provision of law, until the [Secretary](/usc/25/2201.md?p=3) removes a lien from an interest in land under [paragraph (1)](#b-1), the [Secretary](/usc/25/2201.md?p=3) may approve a transaction covered under this section on behalf of an [Indian tribe](/usc/25/5130.md?p=2).
  - (3) **Removal of liens after findings—** The [Secretary](/usc/25/2201.md?p=3) may remove a lien referred to in [paragraph (1)](#b-1) if the [Secretary](/usc/25/2201.md?p=3) makes a finding that—
    - (A) the costs of administering the interest from which revenue accrues under the lien will equal or exceed the projected revenues for the parcel of land involved;
    - (B) in the discretion of the [Secretary](/usc/25/2201.md?p=3), it will take an unreasonable period of time for the parcel of land to generate revenue that equals the purchase price paid for the interest; or
    - (C) a subsequent decrease in the value of land or commodities associated with the parcel of land make it likely that the interest will be unable to generate revenue that equals the purchase price paid for the interest in a reasonable time.
  - (4) **Removal of liens upon payment into the acquisition fund—** The [Secretary](/usc/25/2201.md?p=3) shall remove a lien referred to in [paragraph (1)](#b-1) upon payment of an amount equal to the purchase price of that interest in land into the Acquisition Fund created under [section 2215](/usc/25/2215.md)[^1] of this title, except where the tribe with jurisdiction over such interest in land authorizes the [Secretary](/usc/25/2201.md?p=3) to continue the lien in order to generate additional acquisition funds.
  - (5) **Other removal of liens—** The [Secretary](/usc/25/2201.md?p=3) may, in consultation with tribal governments and other entities described in [section 2212(b)(3) of this title](/usc/25/2212.md?p=b-3), periodically remove liens referred to in [paragraph (1)](#b-1) from interests in land acquired by the [Secretary](/usc/25/2201.md?p=3).
- (c) **Tribe not treated as party to lease; no effect on tribal sovereignty, immunity—**
  - (1) **In general—** [Paragraph (2)](#c-2) shall apply with respect to any undivided interest in allotted land held by the [Secretary](/usc/25/2201.md?p=3) in trust for a tribe if a lease or agreement under [subsection (a)](#a) is otherwise applicable to such undivided interest by reason of this section even though the [Indian tribe](/usc/25/5130.md?p=2) did not consent to the lease or agreement.
  - (2) **Application of lease—** The lease or agreement described in [paragraph (1)](#c-1) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the [Indian tribe](/usc/25/5130.md?p=2) to payment under the lease or agreement), and the [Indian tribe](/usc/25/5130.md?p=2) shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the [Indian tribe](/usc/25/5130.md?p=2).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 97–459, title II, § 214, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2000; amended Pub. L. 108–374, § 6(a)(6), Oct. 27, 2004, 118 Stat. 1801.)

## Notes

### Editorial Notes

### References in Text

Section 2215 of this title, referred to in the original in subsec. (b)(4), probably should have been “section 216”, meaning section 216 of Pub. L. 97–459, which is classified to section 2215 of this title and relates to the establishment of an Acquisition Fund. Pub. L. 97–459 does not contain a section 2215.

### Amendments

2004—Subsec. (b). Pub. L. 108–374 added subsec. (b) and struck out heading and text of former subsec. (b) which related to conditions applicable to the administration by Indian tribes of acquired fractional interests in trust or restricted lands.