[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR151.8]

[Page 426-427]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 151--ACQUISITION OF TITLE TO LAND IN TRUST--Table of Contents
 
                Subpart A--Purpose, Definitions, General
 
Sec. 151.8  Will BIA accept and hold in trust an undivided fractional interest in land for an individual Indian or a tribe?

    We will not accept and hold in trust for an individual Indian or a 
tribe an undivided fractional interest in land, except under one of the 
following conditions:
    (a) The individual Indian or tribe already owns an undivided 
fractional restricted or trust interest in the land, and is acquiring 
the additional interest(s) to consolidate ownership.
    (b) The individual Indian or tribe acquires the undivided fractional 
interest as the result of a gift under Sec. 152.25(d) of this chapter 
and the conveyance does not result in further fractionation of interest 
in the land.
    (c) The individual Indian or tribe is acquiring fee simple interest 
and there are existing undivided fractional trust or restricted 
interests in the same land.
    (d) The individual Indian or tribe offers and agrees to purchase the 
remaining undivided fractional trust or restricted interest in the land, 
at not less than fair market value.
    (e) A specific statute grants the individual Indian or tribe the 
right to purchase an undivided fractional interest in trust or 
restricted land without offering to purchase all interests.
    (f) The owner(s) of a majority of the interests of the remaining 
undivided trust or restricted fractional interest agree in writing that 
the individual Indian or tribe may acquire the interest.
    (g) A tribe acquires an undivided fractional interest in trust or 
restricted land under the Indian Land Consolidation Act, 25 U.S.C. 2201 
et seq., under one of the following conditions:

[[Page 427]]

    (1) The land is inside the tribe's reservation, or inside an 
approved Tribal Land Consolidation Area, or is otherwise subject to the 
tribe's jurisdiction, and
    (2) The tribe acquires the land:
    (i) At not less than the fair market value; and
    (ii) With the written consent of a majority of the owners of the 
remaining undivided fractional trust or restricted interest of this 
land;
    (h) The tribe acquires, at not less than the fair market value, part 
or all of the undivided fractional interests in a parcel of trust or 
restricted land within the tribe's reservation, or subject to the 
tribe's jurisdiction and:
    (1) Over 50 percent of the owners of the undivided fractional 
interests consent in writing to the acquisition; or
    (2) An individual Indian makes an offer under paragraph (e) of this 
section;
    (i) An individual Indian:
    (1) Already owns an undivided fractional interest in the land;
    (2) Offers to match a tribal offer to purchase under paragraph (d) 
of this section; and
    (3) Has used and possessed the land for at least 3 years preceding 
the tribe's offer to purchase.