118 STAT. 1802 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(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; and ‘‘(ii) any revenue derived from any interest acquired by the Secretary in accordance with section 213 shall be deposited in the fund created under section 216. ‘‘(B) APPROVAL OF TRANSACTIONS.—Notwithstanding section 16 of the Act of June 18, 1934 (commonly known as the ‘Indian Reorganization Act’) (25 U.S.C. 476), or any other provision of law, until the Secretary removes a lien from an interest in land under paragraph (1), the Secretary may approve a transaction covered under this section on behalf of an Indian tribe. ‘‘(3) REMOVAL OF LIENS AFTER FINDINGS.—The Secretary may remove a lien referred to in paragraph (1) if the Secretary 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, 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 ACQUISI TION FUND.—The Secretary shall remove a lien referred to in paragraph (1) upon payment of an amount equal to the purchase price of that interest in land into the Acquisition Fund created under section 2215 of this title, except where the tribe with jurisdiction over such interest in land authorizes the Secretary to continue the lien in order to generate addi tional acquisition funds. ‘‘(5) OTHER REMOVAL OF LIENS.—The Secretary may, in consultation with tribal governments and other entities described in section 213(b)(3), periodically remove liens referred to in paragraph (1) from interests in land acquired by the Secretary.’’; (7) in section 215 (25 U.S.C. 2214), in the last sentence, by striking ‘‘section 2212 of this title’’ and inserting ‘‘this Act’’; (8) in section 216 (25 U.S.C. 2215)— (A) in subsection (a), by striking paragraph (2) and inserting the following: ‘‘(2) collect all revenues received from the lease, permit, or sale of resources from interests acquired under section 213 or paid by Indian landowners under section 213.’’; and (B) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking ‘‘Subject to paragraph (2), all’’ and inserting ‘‘All’’;
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