---
kind: "section"
citation: "40 U.S.C. § 523"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "523"
heading: "Excess real property located on Indian reservations"
release: "119-102"
url: "https://uscodex.org/usc/40/523"
units:
  - "Subtitle I — Federal Property and Administrative Services"
  - "Chapter 5 — Property Management"
  - "Subchapter II — Use of Property"
---

# §523. Excess real property located on Indian reservations

- (a) **Procedures for Transfer.—** The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real [property](/usc/40/102.md?p=9) located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.
- (b) **Property Held in Trust.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#b-2), the Secretary shall hold excess real [property](/usc/40/102.md?p=9) transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real [property](/usc/40/102.md?p=9) is located.
  - (2) **Special requirement for oklahoma.—** The Secretary shall hold excess real [property](/usc/40/102.md?p=9) that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real [property](/usc/40/102.md?p=9)—
    - (A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or
    - (B) is contiguous to real [property](/usc/40/102.md?p=9) presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

## Source credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 523 | 40:483(a)(2). | June 30, 1949, ch. 288, title II, § 202(a)(2), as added Pub. L. 93–599, (2), Jan. 2, 1975, 88 Stat. 1954. |