25 C.F.R. § 152.23

Applications for sale, exchange or gift

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Applications for the sale, exchange or gift of trust or restricted land shall be filed in the form approved by the Secretary with the agency having immediate jurisdiction over the land. Applications may be approved if, after careful examination of the circumstances in each case, the transaction appears to be clearly justified in the light of the long-range best interest of the owner or owners or as under conditions set out in § 152.25(d).

Notes of Decisions

Cited in 5 cases, 2004–2015 · leading case: Miami Tribe of Oklahoma v. United States, 656 F.3d 1129 (10th Cir. 2011).

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Miami Tribe of Oklahoma v. United States, 656 F.3d 1129 (10th Cir. 2011). · cites it 2× “The BIA has promulgated regulations—applicable here, 25 C.F.R. §§ 152.23 and 152.25(d)—addressing the sale, exchange, and conveyance of Indian trust or restricted lands.”

Miami Tribe of Oklahoma v. United States, 374 F. Supp. 2d 934 (D. Kan. 2005). · cites it 6× “*938 The parties’ original APA briefing submitted to the Court focused primarily on whether the BIA correctly applied 25 C.F.R. §§ 152.23 and 152.25(d). Neither party focused on whether the 2000 amendments to the Indian Land Consolidation Act CTLCA”), particularly 25 U.”

Est. of Ducheneaux v. Ducheneaux, 861 N.W.2d 519 (S.D. 2015). “Because the United States would still retain its usual power to grant or deny the application, see 25 C.F.R. § 152.23 (2014) (requiring federal approval for any contemplated “sale, exchange or gift of trust or restricted land”), and because the circuit court had personal…”

Cobell v. Norton, 225 F.R.D. 41 (D.C. Cir. 2004). “69 discussed above, the individual Indian owner must submit a special application to Interior, which is then approved if the Secretary determines that, “after careful examination of the circumstances in each case, the transaction appears to be clearly justified in light of the…”

Jackson v. United States, 107 Fed. Cl. 495 (Fed. Cl. 2012). · cites it 2× “Therefore, pursuant to 25 C.F.R. § 152.23 , the Tribe submitted an application for sale to the Bureau of Indian Affairs (BIA) requesting an appraisal of the parcel’s value.”

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