What is Fee to Trust Land Acquisition?
When a tribe pursues fee-to-trust acquisition, it means they are seeking to convert land that is currently owned privately or by the state into land held in trust by the federal government specifically for the tribe. By placing the land into trust, the federal government acknowledges the tribal sovereignty and the inherent rights of the tribe over that land.
Benefits of Fee to Trust Land Acquisition
Fee to trust land acquisition has several benefits to tribes. These benefits include:
- Consolidation of tribal land base and prevention of further tribal land loss
- No state property tax
- No state regulatory jurisdiction
- Increased tribal regulatory jurisdiction
- Enhanced housing opportunities for tribe members
- Increased energy development capacity
- Allows tribes to enter into leases and grant rights-of-way
- Protection for traditional cultural properties and subsistence resources
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What is the Fee to Trust Land Acquisition Process
- The tribe submits an application to the Bureau of Indian Affairs (BIA). The application includes documentation about the land, environmental site assessments, how utilities and other governmental services will be provided, and other information to support the land acquisition.
- The BIA reviews the application and conducts an evaluation to determine if the acquisition meets the requirements in 25 C.F.R. Part 151.
- If there are no objections to the acquisition of the land into trust after a notice period, inspections are finalized, and the BIA accepts the fee into trust request, title to the land will then be transferred to the federal government in trust on behalf of the tribe and recorded in the Federal Register.
The land becomes part of the tribe’s territorial jurisdiction, and the federal government holds the land title in trust for the benefit of the tribe. This means that the tribe has exclusive tribal jurisdiction and control over the land, and it can exercise its rights to self-governance, natural resource management, and economic development on that land without interference from the state.
The attorneys at mctlaw can facilitate several components of this process, including the documentation and application submission process, and negotiations with the local, state, and federal governments.
History of Fee to Trust Land Acquisition
Historically, tribes lost a significant portion of their ancestral lands through forced removals, treaties, federal takings, and allotting. As a result, many tribes were left with limited and fractionated land bases and faced challenges in maintaining their cultural identity and exercising their self-governance rights. Fee-to-trust land acquisition is a mechanism to address some of these issues.
Our team of experienced Indian Law attorneys can help with matters like:
- Tribal Governance and Regulations
- Treaty Rights for Indian Tribes
- Natural Resource Management for Tribal Lands
- Cannabis and Hemp Production and Sales for Indian Tribes
- Environmental Protection and Cleanup on Tribal Lands to Protect Sacred Sites
- Trademarking Tribal Insignias and Symbols
- Resolving Tribal Enrollment and Disenrollment Disputes
- Tribal Housing Programs and Funding
- Tribal Healthcare and Strengthening Government Partnerships
- Doing Business in Indian Country
- Indian Child Welfare Protections
- Indian Gaming Compact Lawyers
- Breach of Trust for Tribes in the US Court of Federal Claims
- Federal Funding Opportunities for Tribes
- Tribal Fee to Trust Land Acquisition for Casino Gaming
- Gaining Federal Recognition for Native American Indian Tribes
- Misuse of Railway Easements on Indian Tribal Lands
- SBA 8(a) Certification for Indian Tribes and Native American Business Owners
- Federal Takings Claims on Native American Indian Reservations
- Land Allotments
- Native American Indian Renewable Energy Development
- Wind Energy Ventures
- Native American Tribes and Employment Law
Content Reviewed by Derril Jordan – Indian Law
Derril B. Jordan is an Indian law attorney and partner with mctlaw, with 35 years of experience representing tribes as in-house counsel and in private practice. Mr. Jordan served as a presidential appointee in the Department of the Interior’s Office of the Solicitor, where he was the top lawyer for the Division of Indian Affairs. At mctlaw, Mr. Jordan concentrates on developing tribal enterprises, strengthening tribal governance, and improving government-to-government relationships between Indian tribes and the federal government. As a tribal member himself, Mr. Jordan has dedicated his career to the representation of Indian tribes and the strengthening of tribal sovereignty.
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