Law | National | Trust

Bureau of Indian Affairs finalizes tweak to land-into-trust process

Thursday, May 19, 2016

Former National Congress of American Indian President Joe Garcia, center left, shakes hands with Larry Roberts, the acting head of the Bureau of Indian Affairs, at NCAI's executive council winter session in Washington, D.C., on February 22, 2016. Photo by Indianz.Com

The Bureau of Indian Affairs has finalized a technical change to the land-into-trust process.

Under a rule that became effective on Monday, tribes will no longer have to demonstrate that their property meets the Standards for the Preparation of Title Evidence in Land Acquisitions by the United States issued by the Department of Justice. Instead, they will submit a more "targeted" set of documents to the BIA.

But in response to concerns raised in Indian Country, tribes can continue to submit documents that comply with the DOJ standards if they wish.

"After careful consideration of the comments and applying its own experience in reviewing fee-to-trust applications and title evidence, BIA has determined that the final rule provides sufficient standards to protect the United States," Larry Roberts,the acting assistant secretary for Indian Affairs, wrote in a notice that was published in the Federal Register.

The change was proposed as an "interim rule" in March in order to avoid a lengthy review process. But it was delayed last month after tribes sought more clarification and at least one said certain parts were "ambiguous."

"It's just a technical amendment," Roberts told tribal leaders in February. "But as a practical matter it should make a huge difference for your realty departments and your resources. We're basically proposing common sense approaches to title."

Federal Register Notices:
Title Evidence for Trust Land Acquisitions (May 16, 2016)
Title Evidence for Trust Land Acquisitions (April 15, 2016)
Title Evidence for Trust Land Acquisitions (March 1, 2016)