Sec. 2. Regulatory revision to part 151 of title 25, Code of Federal Regulations
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In this section: The term ISDEAA means the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). The term self-governance realty program means a program operated by an Indian Tribe under a compact or funding agreement pursuant to title I or title IV of ISDEAA that includes real estate services and valuation functions recognized by the Office of Tribal Sovereignty of the Department of the Interior. The term Indian Tribe has the meaning of the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ).
The term Secretary means the Secretary of the Interior. The term Tribal appraisal means a valuation prepared for an Indian Tribe by personnel or contractors operating under the Indian Tribe’s ISDEAA title I contract or ISDEAA title IV compact or funding agreement in conformance with the Uniform Standards of Professional Appraisal Practice. Not later than 1 year after the date of enactment of this Act, the Secretary shall revise part 151 of title 25, Code of Federal Regulations (relating to land acquisitions), to provide that the Secretary shall accept a Tribal appraisal or valuation in lieu of a Federal appraisal with respect to an Indian Tribe if— the Indian Tribe is party to an ISDEAA title I of contract or ISDEAA title IV compact or funding agreement; the Indian Tribe has assumed responsibility for realty or land management functions under such contract, compact, or funding agreement, including the authority to conduct appraisals or valuations; and the land to be acquired is located within the exterior boundaries of the reservation of the Indian Tribe, or contiguous to lands held in trust for the Indian Tribe.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall revise part 151 of title 25, Code of Federal Regulations, to provide that, for acquisitions within a reservation or contiguous to trust lands of an Indian Tribe, the Secretary shall accept a Tribal appraisal in lieu of an appraisal procured or reviewed by the Appraisal and Valuation Services Office, if— the Indian Tribe is party to an ISDEAA title I of contract or ISDEAA title IV compact or funding agreement; the contract, compact, or funding agreement includes real estate services and valuation authority; and the appraisal conforms to the Uniform Standards of Professional Appraisal Practice.
Nothing in this section limits Indian Tribes from using the authorities available to Indian Tribes under section 305 of the Indian Trust Asset Reform Act ( 25 U.S.C. 5635 ). Acceptance by the Secretary of a Tribal appraisal that meets the requirements of subsection
(b)shall be deemed in compliance with the Secretary’s fiduciary and trust responsibility with respect to valuation for such acquisition. In the case of the acceptance of Tribal appraisal pursuant to subsection (b), the role of the Department of the Interior shall be limited to ministerial confirmation of receipt and recordation of the Tribal certification. The Secretary shall conform relevant Department of the Interior manuals, including the Appraisal and Valuation Services Office guidance and the Fee-to-Trust Handbook (52 IAM 12–H), to the requirements of subsection (b).
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Sec. 2
Regulatory revision to part 151 of title 25, Code of Federal Regulations
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