[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Rules and Regulations]
[Pages 3452-3466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-470]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 151

RIN 1076-AD90


Acquisition of Title to Land in Trust

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises and clarifies the procedures used by Indian 
tribes and individuals to request the Secretary of the Interior to 
acquire title to land into trust on their behalf. It describes the 
criteria that the Secretary will use in determining whether to exercise 
his or her authority to accept title to land to be held in trust for 
the benefit of Indian tribes and individuals. This rule also describes 
the procedure for mandatory acquisitions of title and establishes a 
process to address the difficulties encountered by Indian tribes which 
have no reservation, have no trust land or have trust land the 
character of which renders it incapable of being developed.

DATES: Effective February 15, 2001.

FOR FURTHER INFORMATION CONTACT: Questions concerning this rule should 
be directed to: Terry Virden, Director, Office of Trust 
Responsibilities, Mail Stop: 4513-MIB, 1849 C Street NW., Washington, 
DC 20240; telephone: 202-208-5831; electronic mail: 
<a href="/cdn-cgi/l/email-protection#88dcedfafaf1dee1faecede6c8cac1c9a6cfc7de"><span class="__cf_email__" data-cfemail="b9eddccbcbc0efd0cbdddcd7f9fbf0f897fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The regulation makes more clear the process 
that is followed by the Secretary in the exercise of this discretionary 
authority. The regulation also makes clear that we will follow a 
process which reflects (1) a presumption in favor of the acquisition of 
trust title when an application involves title to lands located inside 
the boundaries of a reservation (``on-reservation lands''), and (2) a 
more demanding standard for the acquisition of title when the 
application involves title to lands located outside the boundaries of a 
reservation (``off-reservation lands''). The delineation of these 
differing processes will better enable the Secretary to carry out the 
responsibility for assisting Indian tribes in re-establishing 
jurisdiction over land located within their own reservations. It also 
creates a framework that more adequately addresses concerns non-Indian 
governments may have about the potential ramifications of placing off-
reservation lands into trust.
    This regulation also describes the procedure for mandatory 
acquisitions of title. The general statutory authority giving the 
Secretary discretion to acquire title to lands in trust is found in 
section 5 of the Indian Reorganization Act (IRA) of 1934, 25 U.S.C. 
465. Occasionally, Congress enacts more narrow legislation granting the 
Secretary discretionary authority to acquire title to land into trust 
for some specific purpose. Acquisitions of trust title under the IRA 
and other more narrow statutes that grant discretionary authority to 
the Secretary are referred to as ``discretionary acquisitions'' of 
title. Mandatory acquisitions of title are those that Congress has 
directed the Secretary to complete by removing any discretion in the 
administrative decision making process. The processing of these 
mandated acquisitions has not always been well-understood. The rule 
identifies the types of acquisitions that we consider mandatory and 
defines the process by which we acquire the title.
    Finally, this regulation establishes a process to address the 
unique difficulties encountered by Indian tribes which have no 
reservations, have no trust land or have trust land the character of 
which renders it incapable of being developed. The process enables such 
tribes to designate a ``Tribal Land Acquisition Area'' (TLAA) in which 
it plans to acquire land. The TLAA requires approval of the Secretary 
and, when approved, will enable the tribe to acquire title to the lands 
within the TLAA into trust under the on-reservation provision of this 
regulation for a prescribed period of time.
    On April 12, 1999, the proposed rule for the acquisition of title 
to land in trust was published in the Federal

[[Page 3453]]

Register (Vol. 64, No. 69, pages 17574-17588). The initial deadline for 
receipt of comments was July 12, 1999, but extensions to the comment 
period were granted to allow additional time for comments on the 
proposed rule. The comment period expired on December 29, 1999. 
Comments were received from a wide variety of Indian tribes and 
individuals, tribal groups, local and state governments and other 
interested groups and individuals. The development of this final rule 
making was achieved through formal consultation on the record with 
affected tribal governments. A panel discussion meeting with federal, 
state and local governments, Indian tribes and various organizations 
was held in Washington, DC in May, 1999. Panel members included persons 
from California Indian Lands Office, attorneys representing various 
tribal and municipal clients, Minority Staff Director and Counsel of 
House Resources Committee for Indian Affairs, Majority Staff Director 
of Senate Committee on Indian Affairs, two tribal chairpersons, Deputy 
Attorney General of South Dakota and National Association of 
Convenience Stores. In addition, in accordance with the government-to-
government relationship with Indian tribes, formal consultations were 
held throughout the United States during the comment period to explain 
and provide interested parties with an opportunity to understand and 
comment on the final rule. Five nationwide consultation meetings with 
Indian tribes and individuals were conducted during the comment period. 
These meetings were held in Albuquerque, New Mexico in May 1999; St. 
Paul, Minnesota in May 1999; Sacramento, California in June 1999; Mesa, 
Arizona in June 1999 and Portland, Oregon in August 1999. In total, 
comments were received from 342 Indian tribes, 335 individuals, 65 
state and local governments, 9 congressional offices and 7 federal 
agencies. Tribal participation was also achieved by consultation with 
the National Congress of American Indians (NCAI) for its member tribes. 
NCAI established a working group to assist in the development of the 
comments on the proposed regulations.
    This notice is published in exercise of the authority delegated by 
the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs pursuant to Part 290, Chapter 8, of the Departmental Manual.

Summary of Regulations and Comments Received

    The following narrative and discussion of comments is keyed to 
specific subparts of the rule.

Subpart A--Purpose, Definitions, General

Summary of Subpart

    This subpart addresses the purpose and scope of the regulation and 
provides interpretation for the key terms of the regulation. Subpart A 
also addresses the types of transactions affecting this regulation, how 
to apply to have title to land placed in trust, how requests are 
processed, what occurs after a decision is made on a request, when 
title to land attains trust status and the taking of fractional 
interests of land into trust.

Comments

    Comments were received regarding the implementation of the proposed 
regulation, with some comments requesting that the rule be withdrawn. 
The suggestion was not accepted because the Secretary must ensure that 
his authority over the acquisition of title to land into trust is 
implemented in an orderly and fair manner.
    There were several comments concerning the definition of 
``reservation.'' One suggestion was that term the ``reservation'' 
should be defined the same as the statutory term ``Indian country.'' 
Another suggestion was that the definition of ``reservation'' should 
remain the same as in the existing regulation. Other comments suggested 
that ``reservation'' include a provision for Pueblo grant lands, others 
suggested that it include hunting and fishing treaty areas. The 
comments were duly considered and accepted to clarify that Pueblo lands 
within the exterior boundaries of lands granted or confirmed to, or 
acquired by, the Pueblo as reported by the Pueblo Lands Board under 
section 2 of the Act of June 7, 1924, ch. 331, 43 Stat. 636, plus any 
other lands reserved, set aside, or held in trust by the United States 
for the use of the Pueblo or its members are reservation lands for 
purposes of this regulation. Also, the term ``reservation'' is 
clarified to include lands created by federal agreement, Secretarial 
proclamation or final judicial determination. Further, the term 
``reservation'' is clarified to include lands established by Executive 
or Secretarial proclamation in the State of Oklahoma. These changes to 
the definition of reservation appear in Sec. 151.2 of the rule.
    There were many comments suggesting that lands contiguous to a 
reservation should be treated as on-reservation acquisitions. To define 
contiguous lands as on-reservation lands would enable applicants to use 
the less burdensome process which reflects a presumption in favor of 
the acquisition of trust title to on-reservation lands. The comments 
were considered but rejected and the rule remains as proposed that 
land(s) contiguous to reservation land will be treated as off-
reservation acquisitions for purposes of this regulation, although 
because of their proximity to an existing reservation, the tribe will 
receive more favorable consideration than if the lands were more 
remote.
    There were several comments regarding the type of acquisition 
transactions covered by the regulation. Comments suggested that only 
those acquisitions of title from fee simple to trust or restricted fee 
to trust or exchanges involving fee simple to trust should be governed 
by this regulation. The proposed rule included trust to trust, 
restricted fee to restricted fee, restricted fee to trust and land 
exchange acquisitions. The comments have been accepted and the rule is 
amended in Sec. 151.3 to provide that the requirements of the rule only 
apply to conveyances from fee simple to trust, fee simple to restricted 
fee and land exchanges involving fee simple land. The rationale for 
excluding the other types of acquisitions from the regulation is that 
trust to trust and restricted fee to restricted fee, restricted fee to 
trust and land exchanges not involving fee land do not have an impact 
on the local governments because these lands are not already under 
their jurisdiction. We accepted the comments and have revised 
Sec. 151.3(b) of the regulation to exclude these transfers.
    There were comments suggesting that the final rule should establish 
special treatment for government-to-government trust transfers, because 
these lands already are exempt from local taxation and jurisdiction and 
because the federal transfer process involves similar criteria as the 
Part 151 process, and requiring another regulatory review would be 
duplicative and burdensome. These comments were accepted and 
Sec. 151.3(b) has been amended to exempt federal agency transfers of 
title of land from one federal agency to the BIA or tribe.
    There were numerous comments suggesting that a time frame should be 
established for issuance of a decision to accept title to land in 
trust. The comments were accepted and the rule amended to provide that 
the applicant will be notified when an application is

[[Page 3454]]

complete. Once an applicant is notified that their application is 
complete, the BIA will issue a decision on the request within 120 
working days. Subsection (f) has been added to Sec. 151.5 to reflect 
this change.
    There were several comments seeking clarification regarding the 
treatment of applications that are pending when the regulation becomes 
final. The comments were considered and the regulation now provides a 
definition of ``Complete application'' in Sec. 151.2. A new subsection 
(e) is added to Sec. 151.5 that establishes the standard for a request 
to be considered a complete application. Applications that satisfy the 
definition of complete application at the time this rule becomes final, 
will be processed under the previous rule. If it is determined that an 
application is not complete at the time the rule becomes final, the 
application will be processed in accordance with the requirements of 
this rule.
    There were several comments concerning the authority to take land 
into trust in Alaska. The preamble to the proposed rule addressed in 
some detail the question of whether to continue the bar in the existing 
regulations to the acquisition of trust title in land in Alaska (other 
than for the Metlakatla Indian Community or its members). See 64 FR 
17577-78 (1999). As the discussion there indicated, the Department had 
earlier received, and invited public comment on (See 60 FR 1956(1995)), 
a petition by Native groups in Alaska which requested that the 
Department initiate a rulemaking to remove the prohibition in the 
regulations on taking Alaska land in trust. That discussion also noted 
that the Associate Solicitor for Indian Affairs had concluded, in a 
brief September 15, 1978 Opinion, that the Alaska Native Claims 
Settlement Act (ANSCA) precluded the Secretary from taking land into 
trust for Natives in Alaska (except for Metlakatla).
    The Solicitor has considered the comments and legal arguments 
submitted by Alaska Native governments and groups and by the State of 
Alaska and two leaders of the Alaska State Legislature on whether the 
1978 Opinion accurately states the law. The Solicitor has concluded 
that there is substantial doubt about the validity of the conclusion 
reached in the 1978 Opinion. Among other things, the Associate 
Solicitor found ``significant'' that in 1976 Congress repealed section 
2 of the Indian Reorganization Act (IRA). That section had extended 
certain provisions of the IRA to Alaska, and had given the Secretary 
the authority to designate certain lands in Alaska as Indian 
reservations. See 43 U.S.C. 704(a), 90 Stat. 2743, repealing 49 Stat. 
1250, 25 U.S.C. 496. The 1978 Opinion gave little weight to the fact 
that Congress has not repealed section 5 of the IRA, which is the 
generic authority by which the Secretary takes Indian land into trust, 
and which Congress expressly extended to Alaska in 1936. See 25 U.S.C. 
473a. The failure of Congress to repeal that section, when it was 
repealing others affecting Indian status in Alaska, five years after 
Congress enacted the Alaska Native Claims Settlement Act, raises a 
serious question as to whether the authority to take land in trust in 
Alaska still exists. Accordingly, the Solicitor has signed a brief 
memorandum rescinding the 1978 Opinion.
    At the same time, the position of the Department has long been, as 
a matter of law and policy, that Alaska Native lands ought not to be 
taken in trust. Therefore, the Department has determined that the 
prohibition in the existing regulations on taking Alaska lands into 
trust (other than Metlakatla) ought to remain in place for a period of 
three years during which time the Department will consider the legal 
and policy issues involved in determining whether the Department ought 
to remove the prohibition on taking Alaska lands into trust. If the 
Department determines that the prohibition on taking lands into trust 
in Alaska should be lifted, notice and comment will be provided.

Subpart B--Discretionary Acquisitions of Title On-Reservation

Summary of Subpart

    This subpart describes the information that must be included in a 
request involving land located inside a reservation boundary or an 
approved TLAA. This subpart also establishes the criteria that will be 
used to evaluate requests for the acquisition of title to lands located 
inside the reservation or an approved TLAA. Further, this subpart 
defines the consent needed of the recognized governing body when an 
Indian tribe or individual acquires land inside another tribe's 
reservation or approved TLAA.

Comments

    One comment suggested that the regulation require applicants to 
address potential impacts to local governments when the land being 
acquired is located on-reservation. The comment was rejected because 
state and local governments already are invited to submit comments on a 
proposed acquisition and may address such impacts in their comments. 
One comment suggested that the final rule clarify the distinction 
between on-reservation and off-reservation land. We believe the 
regulation already clearly defines the terms of ``reservation'' and 
``TLAA'' which are used for on-reservation acquisitions. There were a 
few comments concerning appropriate land use of a proposed acquisition. 
Comments suggested that the rule should require clarification of 
anticipated future uses after acquisition in trust, describe how 
appropriate use will be enforced and propose strict criteria for future 
uses of the land. These comments were rejected because the IRA allows 
Indian tribes to manage and control their lands in accordance with 
tribal policy. Therefore, the regulation provides that anticipated 
future uses are those identified that are reasonably foreseeable and 
achievable. There were a few comments suggesting that the regulation 
should allow acquisitions for cultural, religious, or ceremonial uses. 
The proposed regulation continues the existing practice of accepting 
applications for the acquisition of title to lands in trust for these 
purposes. There were comments suggesting that the Secretary more 
thoroughly consider the impact on the state and local governments by 
the taking of title to land into trust, loss of tax revenue, and that 
he resolve jurisdictional issues and impact to municipal and local 
services prior to deciding to take land into trust. The regulation 
provides state and local governments with the opportunity to comment on 
potential impacts of the proposed acquisition, and the Secretary may 
fully consider the potential impacts prior to making a decision to take 
title to land into trust.
    There were numerous comments suggesting that the final rule should 
require objective standards for the Secretary to use in making 
decisions to take on-reservation land into trust. The comments were 
accepted and the regulation has been amended to provide clearer 
standards to evaluate on-reservation requests. Section 151.10 is 
amended to provide that once an application is complete, we will accept 
title to land into trust on-reservation or inside a TLAA if the 
application facilitates tribal self-determination, economic 
development, Indian housing, land consolidation or natural resource 
protection. We will deny applications to accept on-reservation lands in 
trust if the acquisition will result in severe negative impact to the 
environment or severe harm to the local government. Evidence of such 
harm must be clear

[[Page 3455]]

and demonstrable and supported in the record.
    There were several comments suggesting that the rule should 
encourage tribes to make payments in lieu of taxes. These comments were 
rejected. While it is the Department's policy to encourage tribes to 
work with local communities, the decision to consider in lieu 
contributions to the local governments is a matter for the tribe, not 
the United States. A few comments suggested that applicants not be 
required to provide an explanation or reason for the need for the trust 
acquisition. The comments stating that no documentation need be 
submitted were rejected because the information is needed by the 
Secretary in order to make an informed and supportable decision. Under 
the final rule, there is a presumption in favor of accepting land into 
trust for on-reservation acquisitions but the Secretary still requires 
basic information in order to make his determination. One comment 
suggested that the regulation should include an economic analysis of 
the intended use of the property. The comment was rejected because the 
Secretary must consider many factors in the decision making process, 
and the decision as to the economics of the tribal use of land is for 
the tribe to resolve, not the Secretary.

Subpart C--Discretionary Acquisitions Off-Reservation

Summary of Subpart

    This subpart describes the information that must be included in an 
off-reservation request, that is, involving land located outside a 
reservation or TLAA. This subpart also sets forth the criteria that 
will be used to evaluate an off-reservation request. Further, this 
subpart establishes exceptions to the prohibition for individual 
Indians acquiring land that is located outside an individual Indian's 
reservation.

Comments

    One comment suggested that the Department should recognize the 
benefits of off-reservation acquisitions. We agree. The Department has 
always, and continues to recognize such benefits. There were comments 
suggesting that the notification requirement as well as the public 
comment period be expanded. We believe the regulation provides adequate 
notification and comment periods. There were several comments 
suggesting that the regulation limit off-reservation acquisitions in a 
number of ways, such as treating disputed lands as off-reservation, 
limiting off-reservation acquisitions to former tribal lands, not 
allowing off-reservation trust acquisitions, securing Congressional 
approval for off-reservation acquisitions and creating a presumption 
against trust status for off-reservation lands. We believe these 
approaches are inconsistent with the Secretary's responsibilities under 
existing laws and the IRA. Affected parties are given the opportunity 
to comment on these proposed off-reservation acquisitions and such 
comments are thoughtfully considered in the decision-making process. 
There were numerous comments suggesting that the final rule should 
require objective standards for the Secretary to use in making 
decisions to take off-reservation land into trust. The comments were 
accepted and Sec. 151.14 has been amended to provide clear standards to 
evaluate off-reservation requests. Once an application is complete, we 
will accept title to land in trust outside a reservation or outside an 
approved TLAA only if the application shows that the acquisition is 
necessary to facilitate tribal self-determination, economic 
development, Indian housing, land consolidation or natural resource 
protection and that meaningful benefits to the tribe outweigh any 
demonstrable harm to the local community. Furthermore, we will not 
accept title to land in trust outside a reservation or outside an 
approved TLAA if the acquisition would result in severe negative 
impacts to the environment or significant harm to the local community. 
Evidence of the harm must be clear and demonstrable and supported in 
the record.

Subpart D--Mandatory Acquisitions of Title

Summary of Subpart

    This subpart describes the information that is required to process 
a mandatory transfer of title to trust and how the request will be 
processed. Further, this subpart provides for an appeal of a 
determination that an acquisition is mandatory.

Comments

    One comment suggested that the Department should treat an 
acquisition as mandatory only if Congress has mandated the Secretary to 
accept title to specific tracts of land. This comment was rejected 
because the Department cannot administratively limit Congress' 
authority to direct the Department to accept land into trust, and there 
clearly have been situations in which Congress has directed the 
Secretary to acquire land into trust, but does not specify clearly the 
parcel or parcels of land to be acquired. There were a few comments 
suggesting that the Secretary should view lands acquired under certain 
specific statutes as mandatory acquisitions. These comments were 
rejected as each mandatory acquisition must be reviewed on a case-by-
case basis. Several comments were received that suggested that the term 
``mandatory'' acquisition should be broadened to include ``on-
reservation'' acquisitions, permit mandatory acquisition for the first 
150,000 acres of land and make mandatory the acquisition of title to 
land in approved TLAAs. These suggestions were rejected since only 
Congress has the authority to mandate an acquisition and the Secretary 
cannot mandate acquisitions through these regulations. Each 
determination of whether an acquisition is mandatory or not must be 
made on a case-by-case basis, based on specific statutory direction 
provided by Congress.
    One comment suggests that applicants should be permitted to file an 
appeal of a determination on whether or not an acquisition is 
mandatory. The comment is accepted and section Sec. 151.16 has been 
amended to reflect that denials or approvals of a determination that an 
acquisition is mandatory may be appealed under the provisions of part 
2. One comment suggested that the appeal process outlined in 25 CFR 
part 900 be used. This comment was rejected as part 900 applies to 
contracts issued under the Indian Self-Determination and Education 
Assistance Act, 25 U.S.C. 450 et. seq., and, thus, is inapplicable to 
the provisions of this rule.
    There were a couple of comments suggesting that the Department of 
Justice title evidence standards should not apply to on-reservation 
gifts of lands, nor should the warranty deed requirement apply when 
tribes have purchased land through a quit claim deed and the title is 
accompanied by title insurance. These suggestions were rejected as the 
standards imposed by the Department of Justice must be met for the 
United States to acquire land into trust for a tribe or individual 
Indian.

Subpart E--Tribal Land Acquisition Areas

Summary of Subpart

    The subpart defines a TLAA, describes the information that must be 
included in a request for approval of a TLAA, describes how the request 
will be processed, identifies the criteria that will be used to 
evaluate requests and describes how to apply to modify an approved 
TLAA. This subpart also

[[Page 3456]]

clarifies under what circumstances an Indian tribe can include in its 
TLAA land located inside another Indian tribe's reservation or TLAA. 
Further, this subpart establishes that an Indian tribe is not 
prohibited from acquiring land off-reservation if its request for a 
TLAA is denied. Lastly, this subpart clarifies that land acquired 
within an approved TLAA does not automatically attain reservation 
status.
    Federal policy has for many decades viewed the existence of a 
tribal land base as integral to the cultural, political, and economic 
well-being of Indian tribes. Because of the overwhelming importance of 
a tribal land base, this rule facilitates acquisitions by landless 
Indian tribes. The process to address these situations is the use of a 
TLAA. Upon approval of a TLAA by the Secretary, tribes will be able to 
benefit from the on-reservation acquisition provisions to create a 
homeland, and strive for tribal self-determination and economic self-
sufficiency.

Comments

    Several comments suggested that the final rule should be expanded 
to include not just reservation-less tribes but also Indian tribes 
which do not have trust land or which have a trust land base of which 
is incapable of being developed to create a homeland and strive for 
tribal self-determination and economic self-sufficiency. The comments 
were accepted and the definition of a TLAA at Sec. 151.17 is amended to 
include Indian tribes that have no trust land or have trust land the 
character of which renders it incapable of being developed to take 
advantage of the TLAA. A new Sec. 151.18 was added to make more clear 
what tribes are eligible to apply for a TLAA. One comment suggested 
that existing tribal consolidation areas approved pursuant to the 
current acquisition regulation should be grand-fathered and treated as 
a TLAA while another comment suggested that the rule should clarify 
whether or not tribes with existing approved tribal consolidation areas 
must reapply under the final rule for a TLAA. While this final rule 
eliminates the ability of tribes to obtain tribal consolidation areas 
as provided under the existing regulation, this rule provides an 
alternative mechanism in the form of a TLAA. Tribal consolidation areas 
approved under the existing regulation will remain in force and effect 
for the purposes for which they were approved, but such tribal 
consolidation areas are not deemed to constitute a TLAA under these 
regulations. In the event a tribe wants to amend or modify an existing 
approved tribal consolidation area to include the provisions of a TLAA, 
the proposed amendment or modification must be reviewed under the 
requirements of approval for a TLAA under the final rule. One comment 
suggested that TLAA receive congressional approval. We believe that the 
Secretary has the authority, and indeed the responsibility to prescribe 
procedures to fulfill the purposes of the IRA.
    There were comments expressing the views that tribes should not be 
required to submit documentation that was different from that required 
for discretionary acquisitions; information documenting the history of 
the tribe, and information about the tribe; such as taxes, revenues and 
services; or other information that was viewed as impractical, 
unwarranted, or imposes a financial burden or is not readily available. 
We believe the information required under the final rule is reasonable, 
necessary, relevant to the decision making process and not burdensome 
upon the applicant as it may be readily obtained from existing sources. 
Further, the information is consistent with the kinds of information 
requested by applicants seeking off-reservation acquisitions. One 
comment suggested that the rule should clarify the requirements for 
notifying other governmental entities. We believe the rule provides 
sufficient notice requirements. One comment suggested that the 50-mile 
radius for notice be re-evaluated. The comment was rejected because the 
defined radius is considered a reasonable area that could be impacted 
by a trust acquisition and will provide sufficient notice to others.
    There were a few comments concerning the 10 year term for an 
approved TLAA. The comments suggested that 10 years was an insufficient 
amount of time to acquire lands within the TLAA due the requirements 
for completing and securing approval to an acquisition. The comments 
were accepted and Sec. 151.17 is amended to provide for a 25-year term 
for a TLAA.
    There were several comments concerning the establishment of 
criteria or standards for evaluating requests for the approval of a 
TLAA. We believe that the regulation provides clear criteria for the 
Secretary to use in determining whether to approve a tribe's request 
for a TLAA. The criteria used for approving a TLAA is separate and 
distinct from the criteria and standards used to evaluate an on-or off-
reservation acquisition request. Once a TLAA is approved by the 
Secretary, the on-reservation criteria will be used to determine 
whether to accept the title to land in trust. One comment suggested 
that a formal appeal process should be established when a request for a 
TLAA is denied. Section 151.6(a) sets out the process for the appeal of 
a decision under this part. One comment suggested that tribal trust 
land should be equivalent to reservation status. The comment was 
rejected because it was not within the scope of this rule and is 
governed by principles of Indian law. One comment suggested that the 
rule should clearly define a streamlined process for modification of 
approved tribal consolidation areas. The comment was rejected because 
the final rule establishes the criteria for the TLAA and eliminates the 
process to obtain a tribal consolidation area. Approved tribal 
consolidation areas, however, may form the basis for the development of 
a TLAA.

Subpart F--False Statements, Record-Keeping, Information Collection

Summary of Subpart

    This subpart describes the penalties for making false statements 
pertaining to a request. This subpart also describes the record keeping 
and reporting requirements under this part as well as the information 
collection requirements.

Comments

    One comment received suggested that Indian tribes should not be 
penalized for making false statements and another comment suggested the 
penalty for false statements should also apply to non-Indians. The 
first comment was rejected, and the second deemed already addressed 
because the False Statements Accountability Act of 1996 (18 U.S.C. 
1001) applies to all statements submitted in connection with a trust 
title acquisition whether such statements are made by the applicant or 
interested parties. Section 151.27 was amended to clarify who owns the 
records associated with this part and a new Sec. 151.28 was added to 
clarify how records associated with this part will be preserved.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. This regulation has been written in a 
question and answer format, arranged in a manner to make it easier to 
follow, with technical language or jargon eliminated to make it is 
easier to understand.

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action and is not

[[Page 3457]]

subject to review by the Office of Management and Budget.
    (a) The amendments to this rule basically conform to the policies 
and practices that currently guide the Department's decision making on 
land into trust applications. The rule does not have an annual effect 
of $100 million or more on the economy. It does not adversely affect in 
a material way the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. This rule simply identifies a ``minimum 
standard'' of criteria and requirements to be considered in the 
exercise of the Secretary's discretion to place lands in trust for 
individual Indians and tribes.
    Looking at the overall picture of how much land we have taken into 
trust historically, the annual number of requests to place lands in 
trust has been small. Based on the BIA's Annual Report of Indian Lands 
for 1996, only 35 States have Indian lands, four of which have fewer 
than 1,000 acres of Indian lands. The 1996 report indicated that there 
were 6,941 total applications (fee-to-trust; trust-to-trust; 
restricted-to-restricted; restricted-to-trust) involving 212,000 acres 
cumulatively, i.e., the average amount of land involved in an 
application was only about 30 acres. Based on the annual caseload 
report for FY 1996, the total dollar amount Tribes and individual 
Indians paid for acquisitions of land in trust is $19,420,303.81. The 
trust-to-trust, restricted-fee-to-restricted fee, and restricted fee-
to-trust land acquisitions do not impact local and state governments 
because these lands are not presently subject to state or local 
jurisdiction or taxation. Some States and local governments may have a 
decrease in revenues derived from taxes from the Secretary's 
determination to accept title to land in trust. However, the loss in 
annual revenues for State and local jurisdictions is only be a fraction 
of the value of the land involved. Moreover, some tribes may choose to 
offset this loss by making payments in lieu of taxes, or supplying 
services to the local communities. Finally, any losses or gains to 
State or local tax rolls would be spread over several states and many 
local governments. Thus, overall, the net changes in tax revenues due 
to this rule are minimal, and do not significantly affect State or 
local governments.
    (b) This rule does not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another Federal agency. 
Actions taken by this rule affect tribal or individual Indian land 
titles. The Department of the Interior, Bureau of Indian Affairs is the 
only governmental agency that makes the determination whether to take 
land into trust.
    (c) This rule does not alter the budgetary effects or entitlement, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule sets out the criteria and procedures the 
Secretary uses in determining whether to accept title of certain Indian 
lands to the United States, as trustee, for the benefit of an 
individual Indian or a tribe.
    (d) OMB has determined that this rule does not raise novel legal or 
policy issues and is therefore not subject to review under Executive 
Order 12866.

Regulatory Flexibility Act

    The Department of the Interior certifies that this regulation does 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A 
Regulatory Flexibility analysis is not required. See our initial 
analysis above item 1(a) under Regulatory Planning and Review. The 
effect on small entities is minimal.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. See the initial analysis 
above, item 1(a) under Regulatory Planning and Review. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. An economic analysis is not required.
    (b) Does not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. Actions under this rule only affect 
title to tribal or individual Indian owned lands.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. 
Actions under this rule only affect title to tribal or individual 
Indian owned lands.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.):
    (a) The rule does not significantly or uniquely affect small 
governments, or the private sector. A Small Government Agency Plan is 
not required. Additional expenses may be incurred by the requesting 
tribe or individual Indian to provide information to the Secretary. 
Tribes or an individual Indian provide information in order to receive 
a benefit.
    (b) This rule does not produce a federal mandate of a $100 million 
or greater in any year. The overall effect of this rule is likely not 
to be significant to the State, local, or tribal governments or the 
private sector.

Takings (Executive Order 12630)

    With respect to Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required because actions under this rule do not constitute a 
taking. Tribes or individual Indians are voluntarily transferring title 
to the United States for their own benefit.

Federalism (Executive Order 13123)

    With respect to Executive Order 13123, the rule does not have 
significant federalism implications to warrant the preparation of a 
Federalism Assessment. The local tax base may be affected. Actions in 
this rule apply only to a relatively small amount of land. Due to the 
loss of tax revenue, the relationship between the State and local 
governments with tribes and/or the Federal Government may be affected. 
However, the loss of revenue overall is likely to be minimal and the 
vast majority of the land to be acquired will likely be within the 
boundaries of reservations where there is already a measure of Indian 
sovereignty. Therefore, the effects are ``insignificant'' within the 
meaning of Executive Order 13123.

Civil Justice Reform (Executive Order 12988)

    With respect to Executive Order 12988, the Office of the Solicitor 
has determined that this rule does not unduly burden the judicial 
system and meets the requirements of sections 3(a) and 3(b)(2) of the 
order. This rule contains no drafting errors or ambiguity and is 
written to minimize litigation, provides clear standards, simplifies 
procedures, reduces burden, and is clearly written. These regulations 
do not preempt any statute. They do supersede the current land 
acquisition regulations and the current procedure for establishing 
Indian Land Consolidation Areas. They would not be retroactive with 
respect to any land already taken into trust, but would apply to 
applications that are determined not be complete at the time of final 
publication of this rule.

Paperwork Reduction Act

    This regulation requires an information collection from ten or more

[[Page 3458]]

parties and a submission under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.). The information collection requirements in Secs. 151.9, 
151.12, 151.15, 151.19, and 151.28 under 44 U.S.C. 3501 et seq. were 
submitted to the Office of Management and Budget (OMB) for approval. We 
will publish a notice in the Federal Register when OMB approves this 
collection. This information is required from Indian tribes and 
individual Indians who wish to convey land into trust status.
    Information is collected from Indian tribes and individuals to 
support their request to the Secretary to acquire title to land in 
trust for their benefit. The Secretary uses the information to evaluate 
the request and forms the basis of a decision to accept or deny a 
request for the taking of title to land in trust.
    The total average annual burden hours for the collection of 
information for the above specified sections of the regulation is 
broken down as follows.

----------------------------------------------------------------------------------------------------------------
                                                                                  Average    Average     Annual
            Citation 25 CFR 151                          Information             number of    number     burden
                                                                                   hours     per year    hours
----------------------------------------------------------------------------------------------------------------
151.9 for on-reservation...................  Applicant must submit:............         16        850     13,600
                                             (a) Copy of authority;............
                                             (b) Explanation of need;..........
                                             (c) Explanation of ownership
                                              status (tribe);.
                                             (d) Explanation of ownership
                                              status (individual);.
                                             (e) Title evidence................
                                             (f) Documentation for NEPA--tribe          40        120      4,800
                                              and individual.
                                             (f) Documentation for NEPA--               20        200      4,000
                                              tiering.
151.12 for off-reservation acquisitions....  Applicant must submit:............         56        150      8,400
                                             (a) Copy of authority;............
                                             (b) Explanation of need;..........
                                             (c) Description of proposed use;..
                                             (d) Description of location of
                                              land;.
                                             (e) Description of effect on state
                                              & political subdivisions;.
                                             (f) Description of jurisdictional
                                              issues;.
                                             (g) Title evidence................
                                             (h) Documentation for NEPA--tribe          40        150      6,000
                                              provides documentation.
151.15 for Mandatory acquisitions..........  Applicant must submit: (a) Copy of         .5         69         35
                                              authority; (b) Title evidence;
                                              (c) Additional information upon
                                              request.
151.19 for Tribal Land Acquisition Areas     Applicant must submit:............         96        325     31,200
 (TLAA).                                     (a) Copy of authority;............
                                             (b) Copy of tribal documents to
                                              establish TLAA;.
                                             (c) Summary of purposes and goals;
                                             (d) Summary of tribe's history;...
                                             (e) Description of TLAA;..........
                                             (f) Location of rights of way;....
                                             (g) Description of effect on state
                                              and political subdivisions;.
                                             (h) Description of jurisdictional
                                              and land use issues.
----------------------------------------------------------------------------------------------------------------

    We invite the public to provide any comments concerning the 
accuracy of the burden estimate and any suggestions for reducing the 
burden. Submit comments to the Bureau of Indian Affairs, Director, 
Office of Trust Responsibilities, 1849 C Street, NW., MS-4513-MIB, 
Washington, DC 20240.
    The collection of information is voluntary in order for an Indian 
tribe or individual to obtain a benefit, acquiring title to land in 
trust. None of the solicited information is confidential. However, if 
the applicant submits an application that contains financial 
information, it is covered by the Privacy Act.
    A Federal agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because this rule is of an administrative, technical, and procedural 
nature.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of May 14, 1998, 
``Consultation and Coordination with Indian Tribal Governments'' (FR 
Vol. 63, No. 96, Pages 27655-27657) and 512 DM 2, we evaluated any 
potential effects upon Federally recognized Indian tribes and have 
determined that there are no potential adverse effects. No action is 
taken under this rule unless a tribe or an individual Indian 
voluntarily requests that the United States place land in trust for 
their benefit. Tribes were asked for comments prior to publication as a 
final regulation of this rule and their comments were considered prior 
to publication.

List of Subjects in 25 CFR Part 151

    Indians--lands, Reporting and recordkeeping requirements.

    Accordingly, the Bureau of Indian Affairs is revising 25 CFR part 
151 to read as follows:

PART 151--ACQUISITION OF TITLE TO LAND IN TRUST

Subpart A--Purpose, Definitions, General
Sec.
151.1  What is the purpose of this part?
151.2  How are key terms defined in this part?
151.3  To what types of transactions does this part apply?
151.4  How does an individual Indian or a tribe apply to have title 
to land conveyed to the United States in trust?
151.5  How does BIA process a request?
151.6  How does BIA proceed after making a decision on a request?
151.7  When does the land attain trust status?
151.8  Will BIA accept and hold in trust an undivided fractional 
interest in land for an individual Indian or a tribe?
Subpart B--Discretionary Acquisitions of Title On-Reservation
151.9  What information must be provided in a request involving land 
inside a

[[Page 3459]]

reservation or inside an approved Tribal Land Acquisition Area?
151.10  What criteria will BIA use to evaluate a request involving 
land inside a reservation or inside an approved Tribal Land 
Acquisition Area?
151.11  Can an individual Indian or a tribe acquire land inside a 
reservation or inside an approved Tribal Land Acquisition Area of 
another tribe?
Subpart C--Discretionary Acquisitions of Title Off-Reservation
151.12  What information must be provided in a request involving 
land outside a reservation or outside a Tribal Land Acquisition 
Area?
151.13  Can an individual Indian acquire land outside his or her own 
reservation?
151.14  What criteria will BIA use to evaluate a request involving 
land outside a reservation or outside an approved Tribal Land 
Acquisition Area?
Subpart D--Mandatory Acquisitions of Title
151.15  What information must be provided in a request to process a 
mandatory transfer of title into trust status, and how will BIA 
process the request?
151.16  Can our determination that a transfer of title into trust 
status is mandatory be appealed?
Subpart E--Tribal Land Acquisition Areas
151.17  What is a Tribal Land Acquisition Area?
151.18  What tribes are eligible to apply for approval of a Tribal 
Land Acquisition Area?
151.19  What must be included in a request for Secretarial approval 
of a Tribal Land Acquisition Area?
151.20  How is a tribal request for Secretarial approval processed?
151.21  What criteria will BIA use to decide whether to approve a 
proposed Tribal Land Acquisition Area?
151.22  Can a tribe include in its Tribal Land Acquisition Area land 
inside another tribe's reservation or Tribal Land Acquisition Area?
151.23  If a Tribal Land Acquisition Area is not approved, is the 
tribe prohibited from acquiring land within it?
151.24  If a Tribal Land Acquisition Area is approved, does the land 
taken into trust within it attain reservation status?
151.25  Can a Tribal Land Acquisition Area be modified after 
approval?
Subpart F--False Statements, Recordkeeping, Information Collection
151.26  What is the penalty for making false statements in 
connection with a request that BIA place land in trust?
151.27  Who owns the records associated with this part?
151.28  How must a record associated with this part be preserved?

    Authority: R.S. 161: 5 U.S.C. 301. Interpret or apply 46 Stat. 
1106, as amended; 46 Stat. 1471, as amended; 48 Stat. 985, as 
amended; 49 Stat. 1967, as amended, 53 Stat. 1129; 63 Stat. 605; 69 
Stat. 392, as amended; 70 Stat. 290, as amended; 70 Stat. 626; 75 
Stat. 505; 77 Stat. 349; 78 Stat. 389; 78 Stat. 747; 82 Stat. 174, 
as amended; 82 Stat. 884; 84 Stat. 120; 84 Stat. 1874; 86 Stat. 216; 
86 Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat. 81; 88 Stat. 1716; 
88 Stat. 2203; 88 Stat. 2207; 18 U.S.C. 1001; 25 U.S.C. 2, 9, 409a, 
450h, 451, 464, 465, 467, 487, 488, 489, 501, 502, 573, 574, 576, 
608, 608a, 610, 610a, 622, 624, 640d-10, 1466, 1495, and other 
authorizing acts.

Subpart A--Purpose, Definitions, General


Sec. 151.1  What is the purpose of this part?

    The purpose of this part is to describe the authorities, policies, 
and procedures that we use to decide whether to accept title to land in 
the name of the United States to be held in trust for the benefit of an 
individual Indian or a tribe.


Sec. 151.2  How are key terms defined in this part?

    Alienation means a conveyance or transfer of title to property.
    Bureau means the Bureau of Indian Affairs within the Department of 
the Interior.
    Complete Application means an application that contains all the 
documentation, analysis and information required by Sec. 151.5(f).
    Discretionary acquisitions of title means those acquisitions of 
trust title which Congress has authorized, but not required us to 
accept administratively.
    Encumbrance means a limitation on the title of property, such as a 
claim, lien, easement, charge, or restriction of any kind.
    Fee simple land means land held absolute and clear of any condition 
or restriction, and where the owner has unconditional power of 
disposition.
    Governing tribe means the tribe having governmental jurisdiction 
over the land being acquired.
    Individual Indian means a person who:
    (1) Is a member of a federally recognized tribe; or
    (2) Was physically residing on a federally recognized Indian 
reservation as of June 1, 1934, and is a descendant of an enrolled 
member of a federally recognized tribe; or
    (3) Possesses a total of one-half degree or more Indian blood of a 
federally recognized tribe.
    Land means real property or any title interest therein, as defined 
by the statute that authorizes the land acquisition.
    Legislative transfer of title means the direct transfer of title to 
land into trust status for the benefit of an individual Indian or 
Indian tribe by Congress through legislation. The regulations in this 
part do not apply to legislative transfers of title.
    Mandatory acceptance of title means a conveyance of trust title 
which Congress has required the Secretary to accept if certain 
specified conditions over which the Secretary has no control are met.
    Reservation means, for purposes of this part, that area of land 
which has been set aside or which has been acknowledged as having been 
set aside by the United States for the use of the tribe, the exterior 
boundaries of which are more particularly defined in a final treaty, 
Federal agreement, Executive or secretarial order, Executive or 
secretarial proclamation, United States patent, Federal statute, or 
final judicial or administrative determination, provided that:
    (1) In the State of Oklahoma, reservation means that area of land 
constituting the former reservation of the tribe. Former reservation 
means lands that are within the jurisdictional area of an Oklahoma 
Indian tribe and are within the boundaries of the last reservation 
established by final treaty, Federal agreement, Executive or 
secretarial order, Executive or secretarial proclamation, United States 
patent, Federal statute, or final judicial or administrative 
determination; and
    (2) For Pueblo Indian tribes in the State of New Mexico, 
reservation means lands within the exterior boundaries of lands granted 
or confirmed to or acquired by the Pueblo as reported by the Pueblo 
Lands Board under section 2 of the Act of June 7, 1924, ch. 331, 43 
Stat. 636, notwithstanding any finding of extinguishment of title, plus 
any other lands reserved, set aside, or held in trust by the United 
States for the use of the Pueblo or its members.
    Restricted fee land means land the title to which is held by an 
individual Indian or a tribe and which can only be alienated or 
encumbered by the owner with the approval of the Secretary because of 
limitations in the conveyance instrument pursuant to federal law.
    Secretary means the Secretary of the Interior or an authorized 
representative.
    Tribal Land Acquisition Area (TLAA) means an area of land approved 
by the Secretary and designated by a tribe that
    (1) Does not have a reservation; or
    (2) Does not have trust land; or
    (3) Has a trust land base which is incapable of being developed in 
a manner that promotes tribal self-determination, economic development 
and Indian housing, and within which the tribe plans to acquire land 
over a specified period of time.
    Tribe means any Indian tribe, nation, band, pueblo, town, 
community, rancheria, colony, or other group of Indians, which is 
recognized by the Secretary as eligible for the special programs and 
services provided by the

[[Page 3460]]

Bureau of Indian Affairs, and listed in the Federal Register under 
Public Law 103-454, act of Nov. 2, 1994 (108 Stat. 4791; 25 U.S.C. 479a 
(1994)).
    Trust land means land, or an interest therein, for which the United 
States holds fee title in trust for the benefit of an individual Indian 
or a tribe.
    Undivided fractional interest means an interest of co-owners which 
is in the entire property, that is not divided out from the whole 
parcel. (Example: If you own 1/4 interest in 160 acres, you do not own 
40 acres. You own 1/4 interest in the whole 160 acres because your 1/4 
interest has not been divided out from the whole 160 acres.)
    We/Us/Our means the Secretary of the Interior or an authorized 
representative.


Sec. 151.3  To what types of transactions does this part apply?

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this part applies to all fee simple land-to-trust, fee simple land-to-
restricted fee or land exchanges involving fee simple land.
    (b) This part does not apply to the following transactions:
    (1) Trust-to-trust;
    (2) Restricted-fee to restricted-fee;
    (3) Transfer of title to trust and restricted land through 
inheritance, devise or escheat;
    (4) Legislative transfer of title into trust status; or
    (5) Federal agency transfers of title.
    (c) We will not accept title to land in trust in the State of 
Alaska, except for the Metlakatla Indian Community of the Annette 
Island reserve of Alaska or its members.


Sec. 151.4  How does an individual Indian or a tribe apply to have 
title to land conveyed to the United States in trust?

    Individual Indians and tribes must send us a written request asking 
that we accept title and place the land into trust.
    (a) The request must:
    (1) Identify the applicant (including the applicant's tribal 
affiliation);
    (2) Include the legal description of the land to be acquired; and
    (3) Include all information which shows that the proposed 
acquisition meets the applicable requirements in this regulation.
    (b) The request does not need to be in any special form. However, 
we strongly urge the applicant to address each section of this part 
that is relevant to the type of acquisition (e.g., on- or off-
reservation, discretionary or mandatory), in the order it appears here. 
Constructing the request in this way will enable us to review the 
request more efficiently.
    (c) We may also ask for additional information to aid us in 
reaching a decision.


Sec. 151.5  How does BIA process the request?

    (a) After we receive the request, we will notify the State, county, 
and municipal governments having regulatory jurisdiction over the land. 
We will send all notices under this section by certified mail, return 
receipt requested. The notice will contain the information described in 
paragraph (a)(1) or (a)(2) of this section, as appropriate.
    (1) If the request is for on-reservation lands or lands inside an 
approved TLAA, the notice we send under this section will:
    (i) Include the name of the applicant;
    (ii) Describe the lands proposed to be taken in trust;
    (iii) State the proposed use of the land; and
    (iv) Invite the State and local governments from the State in which 
the land is located to comment in writing within 30 days from date of 
receipt of the notice on the proposed acquisition.
    (2) If the request is for land outside a reservation and outside a 
TLAA, the notice we send under this section will:
    (i) Include the name of the applicant;
    (ii) Describe the lands proposed to be taken in trust;
    (iii) Describe the proposed use of the land; and
    (iv) Invite the State and local governments from the State in which 
the land is located to comment in writing within 60 days from the date 
of receipt of notice on the acquisition's potential effects on the 
State and local governments, including on their regulatory 
jurisdiction, real property taxes, and special assessments.
    (b) After the comment period has ended, we will send to the 
applicant copies of any comments made by State and local governments on 
the applicant's request. We will give the applicant a reasonable time 
in which to reply to the comments.
    (c) Subject to restrictions on disclosure required by the Freedom 
of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and 
the Trade Secrets Act (18 U.S.C. 1905) the request will be available 
for review at the local BIA agency or area office having administrative 
jurisdiction over the land.
    (d) We will consider all the documentation that the applicant 
submits.
    (e) A complete application consists of the following:
    (1) The applicant's request that the land be taken into trust, as 
follows:
    (i) If the applicant is an Indian tribe, the written request must 
be a properly prepared and executed tribal resolution requesting trust 
status, or
    (ii) If the applicant is an individual Indian, the written request 
must be a signed letter requesting trust status.
    (2) Documentation that the applicant has addressed all the 
applicable information requirements in this section;
    (3) A map depicting the location of the land to be acquired, and 
either:
    (i) A legal description of the land, including a statement of the 
estate being acquired, e.g. all surface and mineral rights, surface 
rights only, surface rights and a portion of the mineral rights, etc., 
or
    (ii) A survey if the land cannot be described by an aliquot legal 
description. The survey must be completed by a land surveyor registered 
in the State in which the land is located when the land being acquired 
is fee simple land,
    (4) Hazardous level I survey,
    (5) Environmental documentation,
    (6) Title evidence,
    (7) Impact notification letters, including all associated 
responses,
    (8) Statement from the applicant that any existing rights of way, 
easements or encumbrances will not interfere with applicant's intended 
use of the land, and
    (9) Any additional information we have requested, in writing, if 
warranted by the specific application.
    (f) After BIA is in possession of a complete application, we will:
    (1) Notify the applicant, in writing, that the application is 
complete,
    (2) Issue a decision on an application within 120 working days 
after issuance of the notice of a complete application.


Sec. 151.6  How does BIA proceed after making a decision on a request?

    (a) Within 120 days of our having a complete application package, 
we will send the applicant a certified letter describing our decision 
to accept or deny a request. We will also send a copy of the decision 
letter to everyone (including State and local governments) who sent us 
written comments on the request. The notice to interested parties will 
explain that they have a right to appeal our decision under part 2 of 
this title.
    (b) If our decision is to deny the request, we will take no further 
action.
    (c) If our decision is to approve the request, after the exhaustion 
of administrative remedies, we will:
    (1) Complete a preliminary title examination. For both 
discretionary and

[[Page 3461]]

mandatory acquisitions, after we examine the title evidence, we will 
notify the applicant of any liens, encumbrances, or infirmities. If the 
liens, encumbrances, or infirmities make title to the land 
unmarketable, we will require the applicant to eliminate the liens, 
encumbrances, or infirmities before we act on the application.
    (2) Publish in the Federal Register, or in a newspaper of general 
circulation serving the affected area, a notice of the decision to take 
land into trust under this part. The notice will state that we have 
made a final decision to take land in trust and that we will accept 
title in the name of the United States no sooner than 30 days after the 
notice is published;
    (3) Respond to any judicial appeals that may be filed; and
    (4) After sufficient opportunity for judicial relief has been 
provided, accept trust title to the land by issuing or approving an 
appropriate instrument of conveyance. If we determine to accept trust 
title to land in a case before all judicial remedies have been 
exhausted, we will give the party/parties opposing the acquisition at 
least five days notice before we take any action.


Sec. 151.7  When does land attain trust status?

    After the Secretary has published a notice of intent to take the 
land into trust pursuant to Sec. 151.6(c)(2), the time period for 
appeal has run, and all title objections have been cleared, we will 
approve or issue the appropriate instrument of conveyance. Only after 
these steps have been completed will the land attain trust status. The 
approved deed will then be recorded in the county where located, title 
evidence will be updated, a final title opinion will be issued and the 
deed will be recorded in the appropriate Bureau of Indian Affairs Land 
Titles and Records Office under part 150 of this chapter.


Sec. 151.8  Will BIA accept and hold in trust an undivided fractional 
interest in land for an individual Indian or a tribe?

    We will not accept and hold in trust for an individual Indian or a 
tribe an undivided fractional interest in land, except under one of the 
following conditions:
    (a) The individual Indian or tribe already owns an undivided 
fractional restricted or trust interest in the land, and is acquiring 
the additional interest(s) to consolidate ownership.
    (b) The individual Indian or tribe acquires the undivided 
fractional interest as the result of a gift under Sec. 152.25(d) of 
this chapter and the conveyance does not result in further 
fractionation of interest in the land.
    (c) The individual Indian or tribe is acquiring fee simple interest 
and there are existing undivided fractional trust or restricted 
interests in the same land.
    (d) The individual Indian or tribe offers and agrees to purchase 
the remaining undivided fractional trust or restricted interest in the 
land, at not less than fair market value.
    (e) A specific statute grants the individual Indian or tribe the 
right to purchase an undivided fractional interest in trust or 
restricted land without offering to purchase all interests.
    (f) The owner(s) of a majority of the interests of the remaining 
undivided trust or restricted fractional interest agree in writing that 
the individual Indian or tribe may acquire the interest.
    (g) A tribe acquires an undivided fractional interest in trust or 
restricted land under the Indian Land Consolidation Act, 25 U.S.C. 2201 
et seq., under one of the following conditions:
    (1) The land is inside the tribe's reservation, or inside an 
approved Tribal Land Consolidation Area, or is otherwise subject to the 
tribe's jurisdiction, and
    (2) The tribe acquires the land:
    (i) At not less than the fair market value; and
    (ii) With the written consent of a majority of the owners of the 
remaining undivided fractional trust or restricted interest of this 
land;
    (h) The tribe acquires, at not less than the fair market value, 
part or all of the undivided fractional interests in a parcel of trust 
or restricted land within the tribe's reservation, or subject to the 
tribe's jurisdiction and:
    (1) Over 50 percent of the owners of the undivided fractional 
interests consent in writing to the acquisition; or
    (2) An individual Indian makes an offer under paragraph (e) of this 
section;
    (i) An individual Indian:
    (1) Already owns an undivided fractional interest in the land;
    (2) Offers to match a tribal offer to purchase under paragraph (d) 
of this section; and
    (3) Has used and possessed the land for at least 3 years preceding 
the tribe's offer to purchase.

Subpart Part B--Discretionary Acquisitions of Title On-Reservation


Sec. 151.9  What information must be provided in a request involving 
land inside a reservation or inside an approved Tribal Land Acquisition 
Area?

    A request from an individual Indian or a tribe asking that the 
United States accept title to land inside a reservation boundary or to 
land inside an approved TLAA must include:
    (a) A complete description, or a copy, of the federal statute that 
authorizes the United States to accept the land in trust and any 
limitations contained in the authority.
    (b) An explanation of why the individual Indian or tribe needs land 
to be in trust and how the land will be used.
    (c) If the applicant is a tribe, an explanation of whether the 
tribe:
    (1) Already owns an undivided fractional trust or restricted 
interest in the land; and
    (2) Maintains jurisdiction over the land.
    (d) If the applicant is an individual Indian, an explanation of:
    (1) Whether the applicant already owns an undivided fractional 
trust or restricted interest in the land;
    (2) The amount of land that the applicant already owns and the 
status of the land (fee, restricted, or trust); and
    (3) Whether the applicant needs assistance in handling real estate 
affairs. For example, tell us if the applicant is a minor or has been 
declared legally incompetent.
    (e) Title insurance or an abstract of title that meets the 
Standards for the Preparation of Title Evidence in Land Acquisitions by 
the United States, issued by the U. S. Department of Justice. Copies of 
the standards are available from the U.S. Department of Justice, 
Environmental and Natural Resources Division, Land Acquisition Section, 
Room 6136, 601 Pennsylvania Avenue NW., Washington, DC 20004.
    (f) Documentation that we need to comply with 516 DM 6, Appendix 4, 
National Environmental Policy Act (NEPA) Revised Implementing 
Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances 
Determinations. (For copies of these directives, write to the 
Department of the Interior, Bureau of Indian Affairs, 1849 C Street, 
NW., Mail Stop: 4513-MIB, Washington, DC 20240). Include a record of 
consultation with appropriate authorities regarding environmental, 
endangered species, water quality, fish and wildlife, wetlands, 
transportation, air quality, cultural, historical value, hazardous 
waste, and toxic material issues.


Sec. 151.10  What criteria will BIA use to evaluate a request involving 
land inside a reservation or inside an approved Tribal Land Acquisition 
Area?

    Upon receipt of the information required under Sec. 151.9 and upon 
a determination that the application is complete:

[[Page 3462]]

    (a) We will approve the application and accept title to land in 
trust inside a reservation or inside an approved TLAA if we determine 
that the application facilitates tribal self-determination, economic 
development, Indian housing, land consolidation or natural resources 
protection; except that
    (b) Notwithstanding a determination in paragraph (a) of this 
section, we may not approve the application and accept transfer of 
title into trust for land inside a reservation or inside an approved 
TLAA if the approval of the acquisition will result in severe negative 
impact to the environment or severe harm to the local government. 
Evidence of such harm must be clear and demonstrable and supported in 
the record.


Sec. 151.11  Can an individual Indian or a tribe acquire land inside a 
reservation or inside an approved Tribal Land Acquisition Area of 
another tribe?

    An individual Indian or a tribe, including individual Indians and 
tribes in Oklahoma, may acquire land in trust on another tribe's 
reservation, or inside another tribe's approved TLAA, if the recognized 
tribe's governing body consents in writing. No consent is required if:
    (a) An individual Indian or tribe already owns an undivided 
fractional trust or restricted interest in the parcel of land to be 
acquired; or
    (b) The proposed acquisition is inside a reservation or an approved 
TLAA that is shared by two or more tribes, and the acquisition is for 
one of these tribes, or one of these tribes' members.

Subpart C--Discretionary Acquisitions of Title Off-Reservation


Sec. 151.12  What information must be provided in a request involving 
land outside a reservation or outside a Tribal Land Acquisition Area?

    A request from an individual Indian or a tribe asking that the 
United States accept title to land outside a reservation boundary and 
outside an approved TLAA, must include:
    (a) A complete description, or a copy of, the statutory authority 
that authorizes the United States to accept land in trust and any 
limitations contained in the authority;
    (b) An explanation of the need of the individual Indian or tribe 
for land in trust and how the land will be used. This explanation is a 
crucial factor in determining if the request should be approved. The 
request must explain:
    (1) Why the present land base is not appropriate or adequate for 
the activity contemplated in the request;
    (2) Why the applicant needs the land to be in trust for the 
proposed use; and
    (3) How trust status will benefit the applicant's economic and/or 
social conditions.
    (c) A description of how the applicant will use the land. This 
description must include an explanation of:
    (1) The past uses of the land;
    (2) The present use of the land;
    (3) The anticipated future uses of the land;
    (4) The cultural or historical interest in the land;
    (5) The objectives that the individual Indian or tribe hopes to 
attain; and
    (6) If the acquisition is for housing:
    (i) The projected number of units to be built; and
    (ii) The number of members who will benefit.
    (7) If the applicant is acquiring the land for business purposes, 
the tribe must provide a business plan that specifies the anticipated 
economic benefits of the proposed use.
    (d) As complete a description as is possible of the following:
    (1) The location of the land relative to State boundaries;
    (2) The distance of the land from the boundaries of the tribe's 
reservation;
    (3) The distance of the land from the Bureau's nearest agency or 
area office;
    (4) The location of roads and rights-of-way that provide access to 
the land; and
    (5) The location of land in relation to the tribe's other trust 
lands.
    (e) A description of the effect on the State and its political 
subdivisions of removing the land from tax rolls. Describe any measures 
the applicant will take to reduce these effects. The description of 
effects must include an explanation of:
    (1) The amount of annual taxes currently assessed by the local 
government(s);
    (2) The amount of annual revenue lost from special assessments to 
the local government(s), if any;
    (3) The amount of annual revenue lost from mineral receipts to the 
local government(s), if any; and
    (4) The local government's ability to provide public safety 
services for the land.
    (f) A description of any jurisdictional and land use infrastructure 
issues that might arise. The description must address each of the 
following issues.
    (1) Zoning, including:
    (i) The current zoning of the land;
    (ii) Any proposed use conflicts with current zoning; and
    (iii) Any tribal zoning ordinances.
    (2) Law enforcement and cross-deputizing, including:
    (i) Who currently provides law enforcement services for the land;
    (ii) If the applicant is a tribe, whether the tribe already has its 
own law enforcement;
    (iii) Who will supply law enforcement if the land is approved for 
trust status; and
    (iv) Any additional resources required to provide adequate law 
enforcement and how they will be funded.
    (3) Safety factors, including:
    (i) Who supplies fire protection service for the land;
    (ii) Who supplies emergency medical service for the land; and
    (iii) Whether the land is in a flood area or flood control area.
    (4) Traffic, roads, and streets, including:
    (i) A description of existing access to the land;
    (ii) Description and quantification of increased traffic in the 
area anticipated from the proposed use; and
    (iii) A description of whether existing roads and streets are 
adequate to handle any anticipated increase in traffic caused by the 
proposed use.
    (5) Sanitation, including whether:
    (i) The land is served by a city sewage system;
    (ii) The land is served by an some other type of sewage system that 
is adequate to meet applicable standards;
    (iii) Trash pickup service or another method of trash disposal is 
available for the land;
    (iv) The city or another facility supplies services to the land;
    (v) There is an adequate water supply for the proposed use and any 
future anticipated uses; and
    (vi) Whether the applicant tribe has water rights to the available 
water supply.
    (6) Utilities, including:
    (i) Whether a city or a rural electric company supplies electricity 
to the land; and
    (ii) The source of heating for any structures located on or to be 
located on the land, such as: natural gas, propane, oil, coal, wood, 
electric, or solar.
    (7) Whether there are any cooperative agreements or voluntary 
actions intended to address jurisdictional and land use conflicts.
    (8) Whether the applicant has made any provisions to compensate the 
State or local governments for revenue lost because of the removal of 
the land from the tax rolls. (Include any increases in Title IX funding 
from the Indian Education Act or Impact Aid funding.)
    (g) Whether there is title evidence that meets the Standards for 
the Preparation of Title Evidence in Land Acquisitions by the United 
States, issued by the U.S. Department of Justice. The evidence will be 
examined to determine if the

[[Page 3463]]

applicant has marketable title. Copies of the standards are available 
from the U.S. Department of Justice, Environmental and Natural 
Resources Division, Land Acquisition Section, Room 6136, 601 
Pennsylvania Avenue NW., Washington, DC 20004.
    (h) The documentation that we need to comply with 516 DM 6, 
Appendix 4, National Environmental Policy Act (NEPA) Revised 
Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous 
Substances Determinations. (For copies of these directives, write to 
the Department of Interior, Bureau of Indian Affairs, 1849 C Street, 
NW., Mail Stop: 4513-MIB, Washington, DC 20240). Include a record of 
consultation with appropriate authorities regarding environmental, 
endangered species, water quality, fish and wildlife, wetlands, 
transportation, air quality, cultural, historical value, hazardous 
waste, and toxic material issues.
    (i) If the request is for an individual Indian, documentation 
demonstrating that the applicant's request meets one of the criteria 
described in Sec. 151.13.


Sec. 151.13  Can an individual Indian acquire land outside his or her 
own reservation?

    Except as provided in paragraphs (a) and (b) of this section, we 
will not accept title to land in trust outside an individual Indian's 
reservation. We may approve acquisitions of land outside an individual 
Indian's reservation if:
    (a) The individual Indian already owns an undivided fractional 
trust or restricted interest in the property being acquired; or
    (b) The individual Indian has sold trust or restricted interest in 
land and the money received from the sale is reinvested in other land 
selected and purchased with these funds, or the individual Indian is 
purchasing land with funds obtained as a result of a sale of trust or 
restricted land under 25 U.S.C. 409a.


Sec. 151.14  What criteria will BIA use to evaluate a request involving 
land outside a reservation or outside an approved Tribal Land 
Acquisition Area?

    Upon receipt of the information required under Sec. 151.12 and upon 
a determination that the application is complete:
    (a) We will approve the application to accept land into trust 
outside a reservation or outside an approved TLAA only if the 
application shows that the acquisition is necessary to:
    (1) Facilitate tribal self-determination, economic development, 
Indian housing, land consolidation or natural resource protection; and
    (2) We determine that the acquisition provides meaningful benefits 
to the Tribe that outweigh any demonstrable harm to the local 
community.
    (b) Notwithstanding a determination in paragraph (a) of this 
section that the acquisition is necessary to facilitate tribal self-
determination and that the benefits of the acquisition to the tribe 
outweigh any harm to the local community, we may disapprove an 
application to accept land into trust outside a reservation or outside 
an approved TLAA if the acquisition will result in:
    (1) Severe negative impacts to the environment, or
    (2) Significant harm to the local community. Evidence of such harm 
must be clear and demonstrable and supported in the application record; 
or
    (3) The inability of the Bureau of Indian Affairs to adequately 
handle the additional law enforcement and other responsibilities that 
would result from the acquisition of the land into trust status.
    (c) When making a determination under paragraph (a) or (b) of this 
section to approve or deny an application, we will consider the 
location of the land relative to the state boundaries, and its distance 
from the boundaries of the tribe's reservation and whether that 
distance is reasonable based on the following:
    (1) If the land is in a different state than the tribe's 
reservation, the tribe's justification of anticipated benefits from the 
acquisition will be subject to greater scrutiny
    (2) As the distance between the tribe's reservation or approved 
TLAA and the land to be acquired increases, the tribe's justification 
of anticipated benefits from the acquisition will be subject to greater 
scrutiny
    (3) As the distance between the tribe's reservation or approved 
TLAA and the land to be acquired increases, the concerns raised by the 
state and local governments will be given greater weight.

Subpart D--Mandatory Acceptance of Title


Sec. 151.15  What information must be provided in a request to process 
a mandatory transfer of title into trust status, and how will BIA 
process the request?

    (a) To help us determine whether we are mandated by legislation to 
accept trust title to a specific tract of land, we require submission 
of the following documentation:
    (1) A complete description, or a copy of, the statutory authority 
that directs the Secretary to place the land in trust, and any 
limitations contained in that authority;
    (2) Title insurance or an abstract of title that meets the 
Standards for the Preparation of Title Evidence in Land Acquisitions by 
the United States, issued by the U. S. Department of Justice (copies 
are available from the U.S. Department of Justice, Environmental and 
Natural Resources Division, Land Acquisition Section, Room 6136, 601 
Pennsylvania Avenue NW., Washington, DC 20004); and
    (3) Any additional information that we may request.
    (b) If we determine that the transfer of title into trust status is 
mandatory, we will publish that determination along with a notice of 
intent to take the land in trust in the Federal Register or in a 
newspaper of general circulation serving the affected area.


Sec. 151.16  Can our determination that a transfer of title into trust 
status is mandatory be appealed?

    The Department's determination that a transfer of title into trust 
status is or is not mandatory may be appealed according to requirements 
set forth in part 2 of this title.

Subpart E--Tribal Land Acquisition Areas


Sec. 151.17  What is a Tribal Land Acquisition Area?

    A TLAA is an area of land approved by the Secretary and designated 
by a tribe within which the tribe plans to acquire land over a 25-year 
period of time. If the Secretary approves the TLAA under this part, the 
tribe can acquire parcels of land within the TLAA during that 25-year 
period under the on-reservation provisions of this part.


Sec. 151.18  What tribes are eligible to apply for approval of a Tribal 
Land Acquisition Area?

    Tribes which may apply for approval of a TLAA are those tribes 
which:
    (a) Do not have a reservation,
    (b) Do not have trust land, or
    (c) Have a trust land base which is incapable of being developed in 
a manner that promotes tribal self-determination, economic development 
and/or Indian housing.


Sec. 151.19  What must be included in a request for Secretarial 
approval of a Tribal Land Acquisition Area?

    A request for Secretarial approval of a TLAA must be made in 
writing, although we do not require that it take any special form. 
However, we strongly urge the applicant to address each applicable 
section of this part in the order it appears here. Constructing the

[[Page 3464]]

application in this way will help us review the request more 
efficiently. To be complete, a request for Secretarial approval of a 
TLAA must identify the applicant tribe, and must include:
    (a) A complete description, or a copy, of the federal statute(s) 
that authorize the Secretary to accept land in trust on behalf of the 
tribe, and any limitations contained in that authority.
    (b) Copies of tribal documents relating to the establishment of the 
TLAA and the acquisition of land within it, including:
    (1) A copy of the tribe's constitution and by-laws, corporate 
charter, resolution, or excerpts from those documents that identify and 
grant tribal officials the authority to acquire tribal lands on behalf 
of the tribe;
    (2) A copy of a tribal resolution designating the TLAA, including a 
legal description of the lands located within it; and (3)
    (3) A copy of a tribal resolution requesting that the Secretary 
approve the proposed TLAA.
    (c) A narrative summary that describes the purposes and goals for 
acquiring lands in trust within the TLAA, including general information 
about whether the lands are to be used for residential, governmental, 
educational, economic development, or other purposes.
    (d) A narrative of the tribe's history that explains:
    (1) When the tribe was federally recognized, and whether it was 
through legislation, treaty, or the Bureau of Indian Affairs' Federal 
Acknowledgment Process; and
    (2) If applicable, how the tribe became dispossessed of its former 
reservation lands.
    (e) A description of the TLAA, including:
    (1) A legal description of the lands within the TLAA;
    (2) Information about whether the lands are within the tribe's 
former reservation or aboriginal homelands;
    (3) Information about whether the lands are Federal lands, State 
lands, or private lands;
    (4) Information about whether the lands overlap with another 
tribe's jurisdictional area;
    (5) Information about the significance of the land to the tribe, 
including whether the land has any particular historical, cultural, 
religious, or other value to the tribe; and
    (6) Information about the distance of the TLAA from the Bureau's 
nearest agency or area office.
    (f) A description of the location of roads and rights-of-way, or of 
additional rights-of-way that may be needed to provide access to lands 
located within the TLAA.
    (g) A description of the reasonably anticipated overall effect on 
the State and its political subdivisions of removing lands located 
within the TLAA from tax rolls, and a description of any measures the 
applicant will take to reduce these effects. The description of effects 
must include an explanation of:
    (1) The amount of annual taxes currently assessed by the local 
governments for lands located within the TLAA;
    (2) The amount of annual revenue which would be lost from special 
assessments to the local governments, if any;
    (3) The amount of annual revenue lost from mineral receipts to the 
local governments, if any; and
    (4) The local governments' ability to provide public safety 
services for lands located within the TLAA.
    (h) A description of any overall jurisdictional and land use 
infrastructure issues that might arise if the lands within the TLAA is 
taken into trust. The description must address each of the following 
issues.
    (1) Zoning, including:
    (i) The current zoning of the land;
    (ii) Any proposed use conflicts with current zoning; and
    (iii) Applicable tribal zoning ordinances.
    (2) Law enforcement and cross-deputizing, including:
    (i) Who currently provides law enforcement services for the land;
    (ii) Whether the tribe already has its own law enforcement;
    (iii) Who will supply law enforcement if the land is approved for 
trust status; and
    (iv) Whether additional resources would be needed to provide 
adequate law enforcement.
    (3) Safety factors, including:
    (i) Who supplies fire protection service for lands located within 
the TLAA;
    (ii) Who supplies emergency medical service for lands located 
within the TLAA; and
    (iii) Information about whether lands located within the TLAA are 
in a flood area or flood control area.
    (4) Traffic, roads, and streets, including:
    (i) A description of current access to the land;
    (ii) Describes and quantifies anticipated increased traffic in the 
area from proposed use; and
    (iii) A description of whether existing roads and streets are 
adequate to handle any anticipated increase in traffic caused by the 
proposed use.
    (5) Sanitation, including whether:
    (i) The lands located within the TLAA are on a city sewage system;
    (ii) The lands located within the TLAA are served by an adequate 
sewage system that meets applicable standards;
    (iii) Trash pickup service or another method of trash disposal is 
available for lands located within the TLAA;
    (iv) The city or another facility supplies sanitation services to 
the lands located within the Tribe Land Acquisition Area;
    (v) There is an adequate water supply for the proposed use and any 
future anticipated uses; and
    (vi) Whether the tribe has water rights to the available water 
supply.
    (6) Utilities, including:
    (i) Whether a city or a rural electric company supplies electricity 
to lands located within the TLAA; and
    (ii) The source of heating for lands located within the TLAA, such 
as: natural gas, propane, oil, coal, wood, electric, or solar.
    (7) Whether there exist any cooperative agreements or voluntary 
actions intended to address jurisdictional and land use conflicts.
    (8) Whether the tribe has made any provisions to compensate the 
State and local governments for revenue lost because of the removal of 
the lands from the tax rolls. (Include any increases in Title IX 
funding from the Indian Education Act or Impact Aid funding.)


Sec. 151.20  How is a tribal request for Secretarial approval 
processed?

    When we receive a request for Secretarial approval of a TLAA, we 
will review the supporting documentation to determine if the request 
meets the requirements of this part. If the request is complete, we 
will:
    (a) Provide notice of the request for Secretarial approval to the 
Governor's Office, to appropriate local government officials, and to 
appropriate officials of tribes located within a 50-mile radius of the 
boundaries of the proposed TLAA. Recipients of the notice will be 
provided 60 days from the date of receipt in which to comment on the 
proposed TLAA and the request supporting it. Other interested parties 
may also submit comments during the 60-day consultation period.
    (b) After the close of the comment period, based on the criteria 
described in Sec. 151.21, we will decide whether to approve the TLAA. 
Our decision on whether to approve the TLAA will be communicated in the 
form of a certified letter to the applicant. We also will provide 
notice of our decision to interested parties by sending a copy of the 
decision letter to everyone

[[Page 3465]]

(including State and local governments) who sent us written comments on 
the request for approval.
    (c) If we decide not to approve the TLAA, we will take no further 
action.
    (d) If we decide to approve the TLAA, we will:
    (1) Publish in the Federal Register, or in a newspaper of general 
circulation serving the affected area, a notice of the decision to 
approve the TLAA; and
    (2) Thereafter, for a period of 25 years, review requests to accept 
trust title land located within the TLAA as ``on-reservation'' 
acquisitions under the applicable on-reservation provisions in this 
part.


Sec. 151. 21  What criteria will BIA use to decide whether to approve a 
proposed Tribal Land Acquisition Area?

    In general, because tribes without reservations are significantly 
disadvantaged, both in terms of cultural preservation and in terms of 
being ineligible for federal land-based programmatic funding and 
technical assistance, there is a presumption in favor of the tribe's 
need for at least some trust land. However, in determining whether to 
approve establishment of a TLAA, we will consider the individual 
circumstances of each applicant tribe, surrounding community, and 
affected land base. There are some standard criteria which will help 
direct our decision-making process. These standard criteria include:
    (a) The request must be complete and contain all supporting 
documents;
    (b) The statutory basis upon which the tribe proposes creation of 
the TLAA. If the tribe is the subject of a statute directing the 
Secretary to take some unspecified land into trust for the tribe's 
benefit, the tribe will enjoy a greater presumption in favor of 
approval of its proposed TLAA. (For example, there is statutory 
language such as ``the Secretary shall take land into trust within the 
tribe's service area,'' or ``the Secretary shall take land into trust 
within X and Y counties.'')
    (c) The size of the proposed TLAA in relation to the size of the 
tribe's membership: we will look for a reasonable connection between 
the amount of land the tribe wishes to take into trust, and the basic 
trust needs (housing, health, employment opportunities) of the tribe's 
membership.
    (d) The relationship of the tribe to the lands located within the 
TLAA: we will give greater weight to a request for approval of a TLAA 
that encompasses lands to which the tribe has established a strong 
cultural, historical, and/or legal connection.
    (e) The ability of the tribe and the local non-Indian community to 
adjust to the jurisdictional changes that will occur if the lands 
within the TLAA are taken into trust, including:
    (1) That there are adequate arrangements for provision of police 
and fire protection and other emergency response for persons living 
within the TLAA (whether living on trust or non-trust property);
    (2) That there are adequate arrangements for provision of other 
municipal-type services, such as garbage removal, water, sewage;
    (3) That adverse impacts on local governments and communities are 
reasonable compared to the benefits flowing to the applicant.


Sec. 151.22  Can a tribe include in its Tribal Land Acquisition Area 
land inside another tribe's reservation or Tribal Land Acquisition 
Area?

    A tribe may include land inside the reservation boundaries or 
within an approved TLAA of another tribe, if:
    (a) The tribe's governing body consents in writing;
    (b) The tribe already owns undivided fractional trust or restricted 
interests in the tracts of land identified in its TLAA; or
    (c) The tracts of land to be included in the TLAA are inside a 
reservation or an approved TLAA that is shared by two or more tribes, 
and the plan is for one of these tribes.


Sec. 151.23  If a Tribal Land Acquisition Area is not approved, is the 
tribe prohibited from acquiring land within it?

    No. However, the tribe will have to apply to have individual 
parcels taken into trust under the off-reservation provisions of this 
part.


Sec. 151.24  If a Tribal Land Acquisition Area is approved, does the 
land taken into trust within it attain reservation status?

    No. Lands taken into trust within a TLAA will enjoy ``Indian 
country'' status as that term has been defined in relevant federal 
statutes and case law. However, those lands do not attain 
``reservation'' status by virtue of the TLAA having been approved by 
the Secretary. Reservation status can only be attained if:
    (a) The tribe has applied to the Secretary under 25 U.S.C. 467; or
    (b) There is a federal statute specifically designating the land as 
a reservation.


Sec. 151.25  Can a Tribal Land Acquisition Area be modified after 
approval?

    Yes. However, the changes must be submitted with a request for 
approval in compliance with the criteria in this part and must be 
approved by the Secretary.

Subpart F--False Statements, Recordkeeping, Information Collection


Sec. 151.26  What is the penalty for making false statements in 
connection with a request that BIA place land into trust?

    Anyone who knowingly and willfully makes a false statement in 
connection with a trust title acquisition request may be subject to 
criminal prosecution under the False Statements Accountability Act of 
1996, 18 U.S.C. 1001.


Sec. 151.27  Who owns the records associated with this part?

    (a) Records are the property of the United States if they:
    (1) Are made or received by a tribe or tribal organization in the 
conduct of a federal trust function under this part, including the 
operation of a trust program; and
    (2) Evidence the organization, functions, policies, decisions, 
procedures, operations, or other activities undertaken in the 
performance of a federal trust function under this part.
    (b) Records not covered by paragraph (a) of this section that are 
made or received by a tribe or tribal organization in the conduct of 
business with the Department of the Interior under this part are the 
property of the tribe.


Sec. 151.28  How must a record associated with this part be preserved?

    (a) Any organization, including tribes and tribal organizations, 
that have records identified in Sec. 151.26(a) must preserve the 
records in accordance with approved Departmental records retention 
procedures under the Federal Records Act, 44 U.S.C. chapters 29, 31, 
and 33. These records and related records management practices and 
safeguards required under the Federal Records Act are subject to 
inspection by the Secretary and the Archivist of the United States.
    (b) A tribe or tribal organization should preserve the records 
identified in Sec. 151.26(b) for the period of time authorized by the 
Archivist of the United States for similar Department of the Interior 
records in accordance with 44 U.S.C. chapter 33. If a tribe or tribal 
organization does not preserve records associated with its conduct of 
business with the Department of the Interior under this part, it may 
prevent the tribe or tribal organization from being able to adequately 
document essential transactions or furnish information necessary to 
protect its legal and financial rights or those of persons directly 
affected by its activities.


[[Page 3466]]


    Dated: December 29, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 01-470 Filed 1-12-01; 8:45 am]
BILLING CODE 4310-02-P


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