(a) The Secretary shall consider the criteria in this section when evaluating requests for the acquisition of land in trust status when a Tribe does not have a reservation or land held in trust.
(1) The existence of statutory authority for the acquisition and any limitations contained in such authority;
(2) The purposes for which the land will be used; and
(3) If the land to be acquired is in fee status, whether the Bureau of Indian Affairs is equipped to discharge the additional responsibilities resulting from the acquisition of the land in trust status.
(b) The Secretary shall give great weight to acquiring land that serves any of the following purposes, in accordance with § 151.3:
(1) Furthers Tribal interests by establishing a Tribal land base or protects Tribal homelands;
(2) Protects sacred sites or cultural resources and practices;
(3) Establishes or maintains conservation or environmental mitigation areas;
(4) Consolidates land ownership;
(5) Reduces checkerboarding;
(6) Acquires land lost through allotment;
(7) Protects treaty or subsistence rights; or
(8) Facilitates Tribal self-determination, economic development, or Indian housing.
(c) When reviewing a request for a Tribe that does not have a reservation or land held in trust, the Secretary presumes that the acquisition will further the Tribal interests described in paragraph (b) of this section, and adverse impacts to local governments' regulatory jurisdiction, real property taxes, and special assessments will be minimal, therefore the application should be approved.
(d) Upon receipt of a written request for land to be acquired in trust when a Tribe does not have a reservation or land held in trust, the Secretary shall notify the State and local governments with regulatory jurisdiction over the land to be acquired. The notice will inform the State or local government that each will be given 30 calendar days in which to provide written comments to rebut the presumption of minimal adverse impacts to regulatory jurisdiction, real property taxes, and special assessments. If the State or local government responds within 30 calendar days, a copy of the comments will be provided to the applicant, who will be given a reasonable time in which to reply, if they choose to do so in their discretion, or request that the Secretary issue a decision. In reviewing such comments, the Secretary will consider the location of the land and potential conflicts of land use. The Secretary presumes that the Tribe will benefit from the acquisition.
Notes of Decisions
Stand Up for California! v. U.S. Dep't of the Interior, 919 F. Supp. 2d 51 (D.D.C. 2013).
· cites it 5× “The notice 'stated that it was being published, inter alia, “to comply with the- requirements of 25 C.F.R. § 151.12 (b) that notice be given of the Secretary’s decision to acquire land in trust at least 30 days prior to signatory acceptance of the land into trust.”
Iowa Tribe of Kansas & Nebraska v. Salazar, 607 F.3d 1225 (10th Cir. 2010).
· cites it 3× “Norton, the Secretary represented that the Shriner Tract is not in trust for the purposes of the QTA, and that this representation constitutes the Department of the Interior’s interpretation of 25 C.F.R. § 151.12 (b). 4 Plaintiffs contend we should uphold this interpretation…”
Stand Up For California! v. DOI, 994 F.3d 616 (D.C. Cir. 2021).
· cites it 4× “25 C.F.R. § 151.12 (a). Section 151.12(c) states that “[a] decision made by the Secretary, or the [AS–IA] pursuant to delegated authority, is a final agency action.”
City of Roseville v. Norton, 219 F. Supp. 2d 130 (D.D.C. 2002).
· cites it 2× “The Department of Interior’s regulations, 25 C.F.R. § 151.12 (b), provide that the Secretary must publish notice of a decision to take land into trust in the Federal Register or in a newspaper serving the affected area, and withhold action for at least 30 days after the notice…”
Sac & Fox Nation of Missouri v. Norton, 240 F.3d 1250 (10th Cir. 2001).
“See 25 C.F.R. § 151.12 (b). The purpose of the notice was to allow interested parties to seek judicial review of the proposed action.”
Patchak v. Salazar, 632 F.3d 702 (D.C. Cir. 2011).
· cites it 2× “The purpose of the delay, which 25 C.F.R. § 151.12 (b) required, was “to afford interested parties the opportunity to seek judicial review of the final administrative decisions to take land in trust for Indian tribes and individual Indians before transfer of title to the…”
Nebraska Ex Rel. Bruning v. United States Dep't of Interior, 625 F.3d 501 (8th Cir. 2010).
· cites it 2× “" 25 C.F.R. § 151.12 (b). Thus, the notice's purpose was to "allow[ ] interested parties to seek judicial review or other review under the Administrative Procedure Act and applicable regulations" before the land was taken into trust.”
Dep't of the Interior v. South Dakota, 519 U.S. 919 (1996).
“18083 (1996) (to be codified at 25 CFR § 151.12 ). The preamble to that regulation recites that it is being adopted “[i]n response to a recent court decision, State of South *921 Dakota v.”
— 25 C.F.R. § 151.12(b) — 1 case
Stand Up for California! v. U.S. Dep't of the Interior, 919 F. Supp. 2d 51 (D.D.C. 2013).
“The notice 'stated that it was being published, inter alia, “to comply with the- requirements of 25 C.F.R. § 151.12 (b) that notice be given of the Secretary’s decision to acquire land in trust at least 30 days prior to signatory acceptance of the land into trust.”
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