(a) The Secretary shall consider the criteria in this section when evaluating requests for the acquisition of land in trust status when the land is located within the boundaries of an Indian reservation.
(1) The existence of statutory authority for the acquisition and any limitations contained in such authority;
(2) If the applicant is an individual Indian, the need for additional land, the amount of trust or restricted land already owned by or for that individual, and the degree to which the individual needs assistance in handling their affairs;
(3) The purposes for which the land will be used; and
(4) 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 Tribe's request for land within the boundaries of an Indian reservation, 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 to have land acquired in trust within the boundaries of an Indian reservation the Secretary shall notify the State and local governments with regulatory jurisdiction over the land to be acquired of the applicant's request. 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 considering such comments, the Secretary presumes that the Tribal community will benefit from the acquisition.
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1959–2022 · leading case:
United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999).
United States v. Roberts, 185 F.3d 1125 (10th Cir. 1999).
“0 (1938), that Reno Indian Colony had been set aside by the government for the use of Indians because it was purchased by the United States for the purpose of providing lands for needy Indians, we explained: Similarly, trust land is set apart for the use of Indians by the…”
South Dakota v. United States Dep't of the Interior, 775 F. Supp. 2d 1129 (D.S.D. 2011).
· cites it 2× “In paragraph 38 of their complaint, Plaintiffs also argue that the BIA’s decisions were arbitrary and capricious because the BIA "failed to require the Tribe to meet its burden of proof on its requests, as set forth in 25 C.F.R. § 151.9 ..." (Doc. 1). Section 151.”
Cnty. of Charles Mix v. United States Dep't of the Interior, 799 F. Supp. 2d 1027 (D.S.D. 2011).
“” 25 C.F.R. § 151.9 . The regulation contains no mention of any requirement that the Tribe in a Tribal Council of all members, as opposed to the Committee, be the entity requesting that land be taken into trust.”
United States v. Roberts, 904 F. Supp. 1262 (E.D. Okla. 1995).
“Among other factors, this process requires a tribe to seek approval of such acquisition with the Secretary, 25 C.F.R. § 151.9 , an evaluation by the Secretary of the purpose for which the land will be used, 25 C.”
United States v. State of Mich., 882 F. Supp. 659 (E.D. Mich. 1995).
“See, 25 C.F.R. § 151.9 (1992). [29] If return to trust status were automatic via the Nonintercourse Act, a petitioning process to return land to trust status would be superfluous.”
Buzzard v. Oklahoma Tax Comm'n, 992 F.2d 1073 (10th Cir. 1993).
“Similarly, trust land is set apart for the use of Indians by the federal government because it can be obtained only by filing a request with the Secretary of the Interior, 25 C.F.R. § 151.9 (1992), who must consider, among other things, the Indian’s need for the land, id.”
South Dakota v. United States Dep't of the Interior, 787 F. Supp. 2d 981 (D.S.D. 2011).
“” 25 C.F.R. § 151.9 . The regulation contains no mention of any requirement that the Tribe in a Tribal Council of all members, as opposed to the Committee, be the entity requesting that land be taken into trust.”
Upstate Citizens for Equality, Inc. v. United States, 839 F.3d 556 (2d Cir. 2016).
“See 25 C.F.R. § 151.9 . Upon receiving such a request, the Secretary must provide notice to state and local governments whose rights would be affected by the acquisition and give them an opportunity to respond.”
Upstate Citizens for Equality v. United States (2d Cir. 2016).
“See 25 C.F.R. § 151.9 . Upon receiving such a request, the Secretary must provide notice to state and local governments whose rights would be affected by the acquisition and give them an opportunity to respond.”
Self v. Cher-AE Heights Indian Cmty. etc. (Cal. Ct. App. 2021).
“(2021), including a written request for approval of acquisition by the tribe ( 25 C.F.R. § 151.9 (2021)), and notification to the state and local governments affected of the request with an opportunity to respond ( 25 C.”
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