BIA Regulatory Changes Seek to Streamline Land-Into-Trust Process

By Heidi McNeil Staudenmaier and Kelsey Haake

The Bureau of Indian Affairs (BIA), in an effort to improve and streamline the tribal land acquisition application process, recently announced changes to the pertinent federal regulations, 25 CFR Part 151. Prior to the change, the average land acquisition application took an average of 985 days. Under the new rule, the BIA will now have to meet a 120-day deadline. This new timeline shortens the process immensely and ultimately should make the land-into-trust process more efficient and simpler, and provide a considerable cost-savings to tribes. 

Pursuant to 25 CFR Part 151, Native American tribes can seek to acquire fee lands and have those lands placed into trust for the benefit of the tribe. The land-into-trust process transfers the land title to the United States, where the land is to be held in trust for the benefit of the tribe or a tribal member. Through this process, tribes have the opportunity to establish a larger land base for their tribal communities and further expand tribal self-determination and economic development by providing a mechanism for tribes to reacquire lands that may have been lost or taken in the past. This process is in line with the broader policy goals of supporting tribal sovereignty and recognizing the unique relationship between the federal government and Native American tribes. 

As a general matter, 25 CFR Part 151 outlines the rules and regulations established by the BIA regarding the acquisition of land-into-trust for Native American tribes and individuals. This part of the Code of Federal Regulations is crucial for understanding the legal framework that governs tribal land acquisitions. Further key elements covered in 25 CFR Part 151 include the application process for acquiring land-into-trust, the criteria used to evaluate such applications, and the procedures for public notice and tribal consultation. The regulations also address the circumstances under which the Secretary of the Interior may approve or deny a land-into-trust application.

Over the years, amendments and revisions have been made to address evolving issues, concerns, and legal challenges related to tribal land acquisitions. These changes may reflect adjustments in policy, updates in legal interpretations, or responses to specific court decisions. Ultimately, the BIA's recently announced revisions aim to streamline the process by making it much quicker, which, in turn, is intended to enhance tribal sovereignty and address specific concerns within the tribal land acquisition framework. The BIA final rule was published in the Federal Register on December 12, 2023, and is effective on January 11, 2024.