25 C.F.R. § 151.14

How will the Secretary review title?

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(a) The applicant must submit title evidence as part of a complete acquisition package as described in § 151.8 as follows:

(1) The deed or other conveyance instrument providing evidence of the applicant's title or, if the applicant does not yet have title, the deed providing evidence of the transferor's title and a written agreement or affidavit from the transferor that title will be transferred to the United States on behalf of the applicant to complete the acquisition in trust status; and

(2) Either:

(i) A current title insurance commitment issued by a title company; or

(ii) The policy of title insurance issued by a title company to the applicant or current owner and an abstract of title issued by a title compact dating from the time the policy of title insurance was issued to the applicant or current owner to the present. The Secretary may accept a preliminary title report or equivalent document prepared by a title company in place of an abstract of title for purposes of this paragraph (a)(2)(ii) if the applicant provides evidence that the title company will not issue an abstract of title based on practice in the local jurisdiction, subject to the requirements of paragraph (b) of this section.

(3) The applicant may choose to provide title evidence meeting the title standards issued by the U.S. Department of Justice, in lieu of the evidence required by paragraph (a)(2) of this section.

(b) After reviewing title evidence, the Secretary shall notify the applicant of any liens, encumbrances, or infirmities that the Secretary identified and may seek additional information or action from the applicant needed to address such issues. The Secretary may require the elimination of any such liens, encumbrances, or infirmities prior to acceptance of the land in trust status if the Secretary determines that the liens, encumbrances, or infirmities make title to the land unmarketable.

Notes of Decisions

Cited in 4 cases, 1998–2018 · leading case: Ho-Chunk Nation v. Wisconsin Dep't of Revenue, 2009 WI 48 (Wis. 2009).

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Ho-Chunk Nation v. Wisconsin Dep't of Revenue, 2009 WI 48 (Wis. 2009). · cites it 2× “The court of appeals concluded that "the United States government does not hold the land in trust until formal acceptance under 25 C.F.R. § 151.14 (2007) occurs. Because this did not occur with respect to the DeJope property until after January 1, 1983, the Ho-Chunk Nation is…”

Ho-Chunk Nation v. Wisconsin Dep't of Revenue, 2008 WI App 95 (Wis. Ct. App. 2008). · cites it 6× “We conclude that the United States government does not hold the land in trust until formal acceptance under 25 C.F.R. § 151.14 (2007) 2 occurs. Because this did not occur with respect to the DeJope property until after January 1, 1983, the Ho-Chunk-Nation is not entitled to a…”

In Re Sunflower Racing, Inc., 219 B.R. 587 (Bankr. D. Kan. 1998). “The use of the words “acquired by” implies that the property is not to be considered in trust until formal acceptance of the land under 25 C.F.R. § 151.14 by issuance or approval of an instrument of conveyance.”

Chissoe v. Zinke (10th Cir. 2018). “He 9 cites 25 C.F.R. § 151.14 , which states: “Formal acceptance of land in trust status shall be accomplished by the issuance or approval of an instrument of conveyance by the Secretary as is appropriate in the circumstances.”

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