Page:United States Statutes at Large Volume 114 Part 3.djvu/979

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PUBLIC LAW 106-462—NOV. 7, 2000 114 STAT. 2001 consent to the granting of rights-of-way, or engage in any other transaction affecting the trust or restricted land authorized by law. "(b) CONDITIONS.— "(1) IN GENERAL.— The conditions described in this paragraph are as follows: "(A) Until the purchase price paid by the Secretary for an interest referred to in subsection (a) has been recovered, or until the Secretary makes any of the findings under paragraph (2)(A), 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. "(B) Subject to subparagraph (C), the Secretary shall deposit any revenue derived under subparagraph (A) into the Acquisition Fund created under section 216. "(C) The Secretary shall deposit any revenue that is paid under subparagraph (A) that is in excess of the purchase price of the fractional interest involved to the credit of the Indian tribe that receives the fractional interest under section 213 and the tribe shall have access to such funds in the same manner as other funds paid to the Secretary for the use of lands held in trust for the tribe. "(D) Notwithstanding any other provision of law, including section 16 of the Act of June 18, 1934 (commonly referred to as the 'Indian Reorganization Act') (48 Stat. 987, chapter 576; 25 U.S.C. 476), with respect to any interest acquired by the Secretary under section 213, the Secretary may approve a transaction covered under this section on behalf of a tribe until— "(i) the Secretary makes any of the findings under paragraph (2)(A); or "(ii) an amount equal to the purchase price of that interest has been paid into the Acquisition Fund created under section 216. "(2) EXCEPTION. — Paragraph (1)(A) shall not apply to any revenue derived from an interest in a parcel of land acquired by the Secretary under section 213 after— "(A) the Secretary makes a finding that— "(i) the costs of administering the interest will equal or exceed the projected revenues for the parcel involved; "(ii) in the discretion of the Secretary, it will take an unreasonable period of time for the parcel to generate revenue that equals the purchase price paid for the interest; or "(iii) a subsequent decrease in the value of land or commodities associated with the 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; or "(B) an amount equal to the purchase price of that interest in land has been psdd into the Acquisition Fund created under section 216. "(c) TRIBE NOT TREATED AS PARTY TO LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, IMMUNITY.—