25 C.F.R. § 151.8

What documentation is included in a trust acquisition package?

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An individual Indian or Tribe seeking to acquire land in trust status must file a written request, i.e., application, with the Secretary. The request need not be in any special form but must set out the identity of the parties, a description of the land to be acquired, and other information which would show that the acquisition fulfills the requirements of this part. The Secretary will prepare the acquisition package using information provided by the applicant and analysis developed by the Secretary, as described in paragraphs (a)(1) through (9) of this section:

(a) A complete acquisition package consists of the following:

(1) The applicant must submit a request that the land be acquired in trust, as follows:

(i) If the applicant is an Indian Tribe, the Tribe's written request must be a signed Tribal letter for trust acquisition supported by a Tribal resolution or other act of the governing body of the Tribe;

(ii) If the applicant is an individual Indian, the individual's written request must be a signed letter requesting trust status;

(2) The applicant must submit documentation providing the information evaluated by the Secretary under § 151.9(a)(2) and (3), § 151.10(a)(2) and (3), § 151.11(a)(2) and (3), or § 151.12(a)(2) and (3) depending on which section applies to the application;

(3) The applicant must submit a statement identifying the existence of statutory authority for the acquisition including, if applicable, any supporting evidence that the Tribe was under Federal jurisdiction in 1934 pursuant to § 151.4.

(4) The applicant must submit a description of the land as follows:

(i) An aliquot part, government lot, parcel identified on a Government Land Office or Bureau of Land Management official survey plat, or lot block subdivision (LBS) legal description of the land and a map from the applicant, including a statement of the estate to be acquired, e.g., all surface and mineral rights, surface rights only, surface rights and a portion of the mineral rights, etc.; or

(ii) A metes and bounds land description and survey if the land cannot be described by the methods listed in paragraph (a)(4)(i) of this section, including a statement of the estate to be acquired. The survey may be completed by a land surveyor registered in the jurisdiction in which the land is located when the land being acquired is fee simple land; and

(iii) An application package is not complete until the Secretary determines that the legal description or survey is sufficient.

(5) The applicant must submit information that allows the Secretary to comply with the National Environmental Policy Act (NEPA) and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations pursuant to § 151.15; and

(i) An acquisition package is not complete until the public review period of a final environmental impact statement or, where appropriate, the final environmental assessment has concluded, or the categorical exclusion documentation is complete.

(ii) An acquisition package is not complete until a pre-acquisition Phase I environmental site assessment, and if necessary, a Phase II environmental site assessment completed pursuant to 602 DM 2 is determined to be sufficient by the Secretary.

(6) The applicant must submit title evidence pursuant to § 151.14.

(i) An acquisition package is not complete until the Secretary completes a Preliminary Title Opinion based on such evidence;

(ii) [Reserved]

(7) The Secretary shall send notification letters pursuant to § 151.9, § 151.10, § 151.11, or § 151.12.

(8) The applicant must submit a statement that any existing covenants, easements, or restrictions of record will not interfere with the applicant's intended use of the land; and

(9) The applicant must submit any additional information or action requested by the Secretary, in writing, if warranted by the specific application.

(b) After the Bureau of Indian Affairs is in possession of a complete acquisition package, the Secretary shall:

(1) Notify the applicant within 30 calendar days in writing that the acquisition package is complete; and

(2) Issue a decision on a request within 120 calendar days after issuance of the notice of a complete acquisition package.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 1994–2024 · leading case: Comanche Nation, Okl. v. United States, 393 F. Supp. 2d 1196 (W.D. Okla. 2005).

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Comanche Nation, Okl. v. United States, 393 F. Supp. 2d 1196 (W.D. Okla. 2005). · cites it 4× “For its second claim for relief, the Comanche Nation contends that the transfer of the parcel without its consent also violates 25 C.F.R. § 151.8 . According to the Comanche Nation, the regulations governing acquisition of trust property require the DOI to provide notice and…”

Citizen Band Potawatomi Indian Tribe v. Collier, 17 F.3d 1292 (10th Cir. 1994). · cites it 2× “According to 25 C.F.R. § 151.8 , however, the BIA may not grant lands comprising part of an Indian reservation without the consent of the Indian tribe that has jurisdiction over the affected reservation, unless the applicant tribe or individual Indian “already owns an undivided…”

Citizen Band Potawatomi Indian Tribe v. Collier, 142 F.3d 1325 (10th Cir. 1998). “We also rejected as “irrelevant” the 1872 Act upon which the BIA relied, pointing out the Act does not create any “undivided trust or restricted interest” of the Absentee-Shawnee tribe in the Potawatomi tribe’s land for purposes of 25 C.F.R. § 151.8 . It merely grants the…”

Cherokee Nation v. United States Dep't of Interior (D.D.C. 2022). · cites it 2× “” 25 C.F.R. § 151.8 . 2 gaming” occurring in connection with tribal ceremonies or celebrations.”

Cherokee Nation, The v. Bernhardt (N.D. Okla. 2020). · cites it 2× “The then-Assistant Secretary denied this request on the grounds that the UKB was not authorized to exercise concurrent jurisdiction “over Cherokee lands within the former Cherokee Reservation,” and because the Nation’s consent was required under 25 C.F.R. § 151.8 . AR001220. In…”

Kialegee Tribal Town v. Bernhardt (D.D.C. 2022). “25 C.F.R. § 151.8 ); 25 C.F.R. § 151.2 (f).”

Kiowa Tribe v. United States Dep't of the Interior (W.D. Okla. 2022). “Plaintiffs’ APA Claim Plaintiffs argue that, pursuant to the 1867 Treaties of Medicine Lodge and 25 C.F.R. § 151.8 , the consent of the Kiowa Tribe, Comanche Nation, and Apache Tribe was required for the Tsalote Allotment to be acquired in trust for FSAT.”

Comanche Nation v. Ware (W.D. Okla. 2024). “¶¶ 60-65 (citing prior version of 25 C.F.R. § 151.8 (now codified with minor amendments at 25 C.”

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