between individuals who own an interest in trust and restrictedin a manner consistent with the policy of maintaining the trust status of allotted lands. Nothing in this section shall be construed to apply to or to authorize the sale of trust or restricted lands to a person who is not an Indian.
(b) Sales, exchanges and gift deeds between Indians and between Indians and Indian tribes (1) In general(A) Estimate of value Notwithstanding any other provision of law and only after the Indian selling, exchanging, or conveying by gift deed for no or nominal consideration an interest in land, has been provided with an estimate of the value of the interest of the Indian pursuant to this section—
the sale or exchange or conveyance of an interest in trust or restricted land may be made for an amount that is less than the fair market value of that interest; and
the approval of a transaction that is in compliance with this section shall not constitute a breach of trust by the Secretary.
(B) Waiver of requirement The requirement for an estimate of value under subparagraph (A) may be waived in writing by an owner of a trust or restricted interest in land either selling, exchanging, or conveying by gift deed for no or nominal consideration such interest—
to an Indian person who is the owner’s spouse, brother, sister, lineal ancestor, lineal descendant, or collateral heir; or
to an Indian co-owner or to the tribe with jurisdiction over the subject parcel of land, where the grantor owns a fractional interest that represents 5 percent or less of the parcel.
(2) LimitationFor a period of 5 years after the Secretary approves a conveyance pursuant to this subsection, the Secretary shall not approve an application to terminate the trust status or remove the restrictions of such an interest.
(c) Acquisition of interest by SecretaryAn Indian, or the recognized tribal government of a reservation, in possession of an interest in trust or restrictedNovember 7, 2000 , and located within a reservation, may request that the interest be taken into trust by the Secretary. Upon such a request, the Secretary shall forthwith take such interest into trust.
(d) Status of landsThe sale, exchange, or conveyance by gift deed for no or nominal consideration of an interest in trust or restricted land under this section shall not affect the status of that land as trust or restricted land.
(e) Land ownership information Notwithstanding any other provision of law, the names and mailing addresses of the owners of any interest in trust or restricted lands, and information on the location of the parcel and the percentage of undivided interest owned by each individual shall, upon written request, be made available to—
other owners of interests in trust or restricted lands within the same reservation;the tribe that exercises jurisdiction over theperson who is eligible for membership in that tribe; and
any person that is leasing, using, or consolidating, or is applying to lease, use, or consolidate, such trust or restricted lands.
(f) Purchase of land by Indian tribe(1) In general Except as provided in paragraph (2), before the Secretary approves an application to terminate the trust status or remove the restrictions on alienation from a parcel of, or interest in, trust or restricted land, the Indian tribe with jurisdiction over the parcel shall have the opportunity—
to match any offer contained in the application; orin a case in which there is no purchase price offered, to acquire the interest in the parcel by paying the fair market value of the interest.
(2) Exception for family farms (A) In generalParagraph (1) shall not apply to a parcel of, or interest in, trust or restricted land that is part of a family farm that is conveyed to a member of the family of a landowner (as defined in section 2205(c)(2)(A)(iv) of this title) if the conveyance requires that in the event that the parcel or interest is offered for sale to an entity or family of the landowner, the (B) Applicability of other provision
Editorial Notes Amendments2005—Subsec. (e). Pub. L. 109–157 substituted “be made available to—” for “be made available to”.
2004—Subsec. (b)(1)(B). Pub. L. 108–374, § 6(a)(9)(A), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The requirement for an estimate of value under subparagraph (A) may be waived in writing by anPub. L. 108–374, § 6(a)(9)(B), added introductory provisions and struck out former introductory provisions which read as follows: “Notwithstanding any other provision of law, the names and mailing addresses of thePub. L. 108–374, § 6(a)(9)(C), struck out Pub. L. 108–374, § 6(a)(9)(D), substituted “anyPub. L. 108–374, § 6(a)(9)(E), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “After the expiration of the limitation period provided for in subsection (b)(2) of this section and prior to considering an Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 109–157 effective as if included in Pub. L. 108–374, see section 9 of Pub. L. 109–157, set out as a note under section 5107 of this title.