Land Acquisitions - Fee to Trust

2011: New - Fee to Trust Guidance

 

October 14, 2010: Quarterly Report of Fee to Trust Applications

This is a response to a FOIA sent by Stand Up For California

Aug 3, 2010: List of California fee to trust applications in process

approximately 137 applications, more than 15,000 ac. of land to be taken off of the tax roles and out of state regulatory authority.

July 2, 2010: Dear Tribal Leader

New Fee to Trust Guidelines

June 18, 2010: DOI Memo on Non Gaming Applications

Guidiance on non gaming applications for fee to trust.

March 2010: MOU - Consortium of Tribes

In 2006, the consortium was investigated by the DOI Inspector General and found flawed. A new MOU has been developed and the consortium continues operation.

Jan. 7, 2010: NIGC Indian Lands Determination - Section 20

 

March 2, 2009 Memo to Regional Directors Carcieri v. Salazar.pdf

Memo directs Regional Directors to gather specific information on all tribes in their regions. To continue to process applications except for those with cloudy questions regarding whether or not the tribe was under federal jurisdiction in 1934.

Dec. 2002: Memo Restricted Fee Lands

DOJ memo on restricted fee lands. 40 USC 3111

March 18, 2008: Williamson Act Waiver

The U. S. Dept. of Justice grants a blanket waiver conditioned upon compliance with the following as to each parcel acquired in the future subject ot use restriction contained in a williamson Act Land Conservation Contract.

The Williamson Act - a brief summary

The Williamson Act has State tax implications on land and is sometimes an issue in tribal land acquisitions. This is a brief summary of the act to assist in responding in the federal environmental review process.

Indian Reorganization Act Sections 1-19

Related item: Ten Years of IRA - includes the 1935 vote and tribal populations

TITLE 25 Section 465

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

Section 465

§ 465. Acquisition of lands, water rights or surface rights; appropriation; title to lands, tax exemption

Title 25 151.10

Code of Federal Regulations for "On Reservation" acquisitions.

Title 25 151.11

Code of Federal Regulations - Off Reservation acquisition

25 CFR 1.4 State Reg of Indian Trust Land

 

May 2008: Fee to Trust Handbook

 

May 2008: Asst. Sec. Carl Artman on Indian Lands

 

Feb. 2008: Testimony of Carl Artman - fee to trust

DEPARTMENT OF INTERIOR’S RECENTLY RELEASED GUIDANCE ON TAKING LAND INTO TRUST FOR INDIAN TRIBES AND ITS RAMIFICATIONS OVERSIGHT HEARING BEFORE THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION Wednesday, February 27, 2008 Serial No. 110-60 Printed for the use of the Committee on Natural Resources

April 2002: Larry E. Scrivner, Acting Director Trust Responsibilities

This is a 2002 presentation to the New England School of Law describing the fee to trust process. It is a detailed and thorough review of the process. MUST READ.

May 30 1996: Implementing a 30 Day Rule

Implementing the final rule establishing a 30-day waiting period after final administrative decisions to acquire land into trust for non-gaming purposes.

Reservation Proclmation vs Indian Trust Lands

There is a significant difference in the status of these lands. Two examples from the Federal Register are below in related items.

Sept. 24, 1993: BIA NEPA HANDBOOK for fee to trust process

 

Feb 3, 2011: South Dakota v. Salazar

This is a fee to trust challenge to the Secretary's positive determination to take land into trust.