25 Cfr 151

Bureau of Indian Affairs, Interior

§ 151.1

Titles and Records Offices are designated as Certifying Officers for this
purpose. When a copy or reproduction
of a title document is authenticated by
the official seal and certified by a Manager, Land Titles and Records Office,
the copy or reproduction shall be admitted into evidence the same as the
original from which it was made. The
fees for furnishing such certified copies
are established by a uniform fee schedule applicable to all constituent units
of the Department of the Interior and
published in 43 CFR part 2, appendix A.
§ 150.11 Disclosure of land records,
title documents, and title reports.
(a) The usefulness of a Land Titles
and Records Office depends in large
measure on the ability of the public to
consult the records contained therein.
It is therefore, the policy of the Bureau
of Indian Affairs to allow access to
land records and title documents unless such access would violate the Privacy Act, 5 U.S.C. 552a or other law restricting access to such records, or
there are strong policy grounds for denying access where such access is not
required by the Freedom of Information Act, 5 U.S.C. 552. It shall be the
policy of the Bureau of Indian Affairs
that, unless specifically authorized,
monetary considerations will not be
disclosed insofar as leases of tribal
land are concerned.
(b) Before disclosing information
concerning any living individual, the
Manager, Land Titles and Records Office, shall consult 5 U.S.C. 552a(b) and
the notice of routine users then in effect to determine whether the information may be released without the written consent of the person to whom it
pertains.

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PART 151—LAND ACQUISITIONS
Sec.
151.1 Purpose and scope.
151.2 Definitions.
151.3 Land acquisition policy.
151.4 Acquisitions in trust of lands owned in
fee by an Indian.
151.5 Trust acquisitions in Oklahoma under
section 5 of the I.R.A.
151.6 Exchanges.
151.7 Acquisition of fractional interests.
151.8 Tribal consent for nonmember acquisitions.

151.9 Requests for approval of acquisitions.
151.10 On-reservation acquisitions.
151.11 Off-reservation acquisitions.
151.12 Action on requests.
151.13 Title examination.
151.14 Formalization of acceptance.
151.15 Information collection.
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; 25 U.S.C. 2, 9, 409a, 450h,
451, 464, 465, 487, 488, 489, 501, 502, 573, 574, 576,
608, 608a, 610, 610a, 622, 624, 640d–10, 1466, 1495,
and other authorizing acts.
CROSS REFERENCE: For regulations pertaining to: The inheritance of interests in
trust or restricted land, see parts 15, 16, and
17 of this title and 43 CFR part 4; the purchase of lands under the BIA Loan Guaranty,
Insurance and Interest Subsidy program, see
part 103 of this title; the exchange and partition of trust or restricted lands, see part 152
of this title; land acquisitions authorized by
the Indian Self-Determination and Education Assistance Act, see parts 900 and 276
of this title; the acquisition of allotments on
the public domain or in national forests, see
43 CFR part 2530; the acquisition of Native
allotments and Native townsite lots in Alaska, see 43 CFR parts 2561 and 2564; the acquisition of lands by Indians with funds borrowed from the Farmers Home Administration, see 7 CFR part 1823, subpart N; the acquisition of land by purchase or exchange for
members of the Osage Tribe not having certificates of competency, see §§ 117.8 and 158.54
of this title.
SOURCE: 45 FR 62036, Sept. 18, 1980, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

§ 151.1 Purpose and scope.
These regulations set forth the authorities, policy, and procedures governing the acquisition of land by the
United States in trust status for individual Indians and tribes. Acquisition
of land by individual Indians and tribes
in fee simple status is not covered by
these regulations even though such
land may, by operation of law, be held
in restricted status following acquisition. Acquisition of land in trust status
by inheritance or escheat is not covered by these regulations.
[79 FR 76897, Dec. 23, 2014]

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§ 151.2

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§ 151.2

25 CFR Ch. I (4–1–15 Edition)
Definitions.

(a) Secretary means the Secretary of
the Interior or authorized representative.
(b) Tribe means any Indian tribe,
band, nation, pueblo, community,
rancheria, colony, or other group of Indians, including the Metlakatla Indian
Community of the Annette Island Reserve, which is recognized by the Secretary as eligible for the special programs and services from the Bureau of
Indian Affairs. For purposes of acquisitions made under the authority of 25
U.S.C. 488 and 489, or other statutory
authority which specifically authorizes
trust acquisitions for such corporations, ‘‘Tribe’’ also means a corporation chartered under section 17 of the
Act of June 18, 1934 (48 Stat. 988; 25
U.S.C. 477) or section 3 of the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C.
503).
(c) Individual Indian means:
(1) Any person who is an enrolled
member of a tribe;
(2) Any person who is a descendent of
such a member and said descendant
was, on June 1, 1934, physically residing
on a federally recognized Indian reservation;
(3) Any other person possessing a
total of one-half or more degree Indian
blood of a tribe;
(4) For purposes of acquisitions outside of the State of Alaska, Individual
Indian also means a person who meets
the qualifications of paragraph (c)(1),
(2), or (3) of this section where ‘‘Tribe’’
includes any Alaska Native Village or
Alaska Native Group which is recognized by the Secretary as eligible for
the special programs and services from
the Bureau of Indian Affairs.
(d) Trust land or land in trust status
means land the title to which is held in
trust by the United States for an individual Indian or a tribe.
(e) Restricted land or land in restricted
status 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 contained in the conveyance instrument pursuant to Federal law or
because of a Federal law directly imposing such limitations.

(f) Unless another definition is required by the act of Congress authorizing a particular trust acquisition, Indian reservation means that area of land
over which the tribe is recognized by
the United States as having governmental jurisdiction, except that, in the
State of Oklahoma or where there has
been a final judicial determination
that a reservation has been disestablished or diminished, Indian reservation
means that area of land constituting
the former reservation of the tribe as
defined by the Secretary.
(g) Land means real property or any
interest therein.
(h) Tribal consolidation area means a
specific area of land with respect to
which the tribe has prepared, and the
Secretary has approved, a plan for the
acquisition of land in trust status for
the tribe.
[45 FR 62036, Sept. 18, 1980, as amended at 60
FR 32879, June 23, 1995]

§ 151.3

Land acquisition policy.

Land not held in trust or restricted
status may only be acquired for an individual Indian or a tribe in trust status when such acquisition is authorized
by an act of Congress. No acquisition of
land in trust status, including a transfer of land already held in trust or restricted status, shall be valid unless
the acquisition is approved by the Secretary.
(a) Subject to the provisions contained in the acts of Congress which
authorize land acquisitions, land may
be acquired for a tribe in trust status:
(1) When the property is located
within the exterior boundaries of the
tribe’s reservation or adjacent thereto,
or within a tribal consolidation area;
or
(2) When the tribe already owns an
interest in the land; or
(3) When the Secretary determines
that the acquisition of the land is necessary to facilitate tribal self-determination, economic development, or
Indian housing.
(b) Subject to the provisions contained in the acts of Congress which
authorize land acquisitions or holding
land in trust or restricted status, land
may be acquired for an individual Indian in trust status:

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Bureau of Indian Affairs, Interior

§ 151.10

(1) When the land is located within
the exterior boundaries of an Indian
reservation, or adjacent thereto; or
(2) When the land is already in trust
or restricted status.
§ 151.4 Acquisitions in trust of lands
owned in fee by an Indian.
Unrestricted land owned by an individual Indian or a tribe may be conveyed into trust status, including a
conveyance to trust for the owner, subject to the provisions of this part.
§ 151.5 Trust acquisitions in Oklahoma
under section 5 of the I.R.A.
In addition to acquisitions for tribes
which did not reject the provisions of
the Indian Reorganization Act and
their members, land may be acquired
in trust status for an individual Indian
or a tribe in the State of Oklahoma
under section 5 of the Act of June 18,
1934 (48 Stat. 985; 25 U.S.C. 465), if such
acquisition comes within the terms of
this part. This authority is in addition
to all other statutory authority for
such an acquisition.
§ 151.6

Exchanges.

An individual Indian or tribe may acquire land in trust status by exchange
if the acquisition comes within the
terms of this part. The disposal aspects
of an exchange are governed by part 152
of this title.

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§ 151.7 Acquisition of fractional interests.
Acquisition of a fractional land interest by an individual Indian or a tribe in
trust status can be approved by the
Secretary only if:
(a) The buyer already owns a fractional interest in the same parcel of
land; or
(b) The interest being acquired by the
buyer is in fee status; or
(c) The buyer offers to purchase the
remaining undivided trust or restricted
interests in the parcel at not less than
their fair market value; or
(d) There is a specific law which
grants to the particular buyer the
right to purchase an undivided interest
or interests in trust or restricted land
without offering to purchase all of such
interests; or

(e) The owner of a majority of the remaining trust or restricted interests in
the parcel consent in writing to the acquisition by the buyer.
§ 151.8 Tribal consent for nonmember
acquisitions.
An individual Indian or tribe may acquire land in trust status on a reservation other than its own only when the
governing body of the tribe having jurisdiction over such reservation consents in writing to the acquisition; provided, that such consent shall not be
required if the individual Indian or the
tribe already owns an undivided trust
or restricted interest in the parcel of
land to be acquired.
§ 151.9 Requests for approval of acquisitions.
An individual Indian or tribe desiring
to acquire land in trust status shall file
a written request for approval of such
acquisition with the Secretary. The request need not be in any special form
but shall set out the identity of the
parties, a description of the land to be
acquired, and other information which
would show that the acquisition comes
within the terms of this part.
§ 151.10

On-reservation acquisitions.

Upon receipt of a written request to
have lands taken in trust, the Secretary will notify the state and local
governments having regulatory jurisdiction over the land to be acquired,
unless the acquisition is mandated by
legislation. The notice will inform the
state or local government that each
will be given 30 days in which to provide written comments as to the acquisition’s potential impacts on regulatory jurisdiction, real property taxes
and special assessments. If the state or
local government responds within a 30day period, a copy of the comments
will be provided to the applicant, who
will be given a reasonable time in
which to reply and/or request that the
Secretary issue a decision. The Secretary will consider the following criteria in evaluating requests for the acquisition of land in trust status when
the land is located within or contiguous to an Indian reservation, and the
acquisition is not mandated:

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§ 151.11

25 CFR Ch. I (4–1–15 Edition)

(a) The existence of statutory authority for the acquisition and any
limitations contained in such authority;
(b) The need of the individual Indian
or the tribe for additional land;
(c) The purposes for which the land
will be used;
(d) If the land is to be acquired for an
individual Indian, the amount of trust
or restricted land already owned by or
for that individual and the degree to
which he needs assistance in handling
his affairs;
(e) If the land to be acquired is in unrestricted fee status, the impact on the
State and its political subdivisions resulting from the removal of the land
from the tax rolls;
(f) Jurisdictional problems and potential conflicts of land use which may
arise; and
(g) If the land to be acquired is in fee
status, whether the Bureau of Indian
Affairs is equipped to discharge the additional responsibilities resulting from
the acquisition of the land in trust status.
(h) The extent to which the applicant
has provided information that allows
the Secretary to comply with 516 DM 6,
appendix 4, National Environmental
Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances Determinations. (For copies, write to the Department of the Interior, Bureau of Indian Affairs, Branch of Environmental
Services, 1849 C Street NW., Room 4525
MIB, Washington, DC 20240.)

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[45 FR 62036, Sept. 18, 1980, as amended at 60
FR 32879, June 23, 1995]

§ 151.11 Off-reservation acquisitions.
The Secretary shall consider the following requirements in evaluating tribal requests for the acquisition of lands
in trust status, when the land is located outside of and noncontiguous to
the tribe’s reservation, and the acquisition is not mandated:
(a) The criteria listed in § 151.10 (a)
through (c) and (e) through (h);
(b) The location of the land relative
to state boundaries, and its distance
from the boundaries of the tribe’s reservation, shall be considered as follows:
as the distance between the tribe’s reservation and the land to be acquired in-

creases, the Secretary shall give greater scrutiny to the tribe’s justification
of anticipated benefits from the acquisition. The Secretary shall give greater
weight to the concerns raised pursuant
to paragraph (d) of this section.
(c) Where land is being acquired for
business purposes, the tribe shall provide a plan which specifies the anticipated economic benefits associated
with the proposed use.
(d) Contact with state and local governments pursuant to § 151.10 (e) and (f)
shall be completed as follows: Upon receipt of a tribe’s written request to
have lands taken in trust, the Secretary shall notify the state and local
governments having regulatory jurisdiction over the land to be acquired.
The notice shall inform the state and
local government that each will be
given 30 days in which to provide written comment as to the acquisition’s potential impacts on regulatory jurisdiction, real property taxes and special assessments.
[60 FR 32879, June 23, 1995, as amended at 60
FR 48894, Sept. 21, 1995]

§ 151.12

Action on requests.

(a) The Secretary shall review each
request and may request any additional information or justification
deemed necessary to reach a decision.
(b) The Secretary’s decision to approve or deny a request shall be in
writing and state the reasons for the
decision.
(c) A decision made by the Secretary,
or the Assistant Secretary—Indian Affairs pursuant to delegated authority,
is a final agency action under 5 U.S.C.
704 upon issuance.
(1) If the Secretary or Assistant Secretary denies the request, the Assistant Secretary shall promptly provide
the applicant with the decision.
(2) If the Secretary or Assistant Secretary approves the request, the Assistant Secretary shall:
(i) Promptly provide the applicant
with the decision;
(ii) Promptly publish in the FEDERAL
REGISTER a notice of the decision to acquire land in trust under this part; and
(iii) Immediately acquire the land in
trust under § 151.14 on or after the date

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Bureau of Indian Affairs, Interior

§ 151.15

such decision is issued and upon fulfillment of the requirements of § 151.13 and
any other Departmental requirements.
(d) A decision made by a Bureau of
Indian Affairs official pursuant to delegated authority is not a final agency
action of the Department under 5
U.S.C. 704 until administrative remedies are exhausted under part 2 of this
chapter or until the time for filing a
notice of appeal has expired and no administrative appeal has been filed.
(1) If the official denies the request,
the official shall promptly provide the
applicant with the decision and notification of any right to file an administrative appeal under part 2 of this
chapter.
(2) If the official approves the request, the official shall:
(i) Promptly provide the applicant
with the decision;
(ii) Promptly provide written notice
of the decision and the right, if any, to
file an administrative appeal of such
decision pursuant to part 2 of this
chapter, by mail or personal delivery
to:
(A) Interested parties who have made
themselves known, in writing, to the
official prior to the decision being
made; and
(B) The State and local governments
having regulatory jurisdiction over the
land to be acquired;
(iii) Promptly publish a notice in a
newspaper of general circulation serving the affected area of the decision
and the right, if any, of interested parties who did not make themselves
known, in writing, to the official to file
an administrative appeal of the decision under part 2 of this chapter; and
(iv) Immediately acquire the land in
trust under § 151.14 upon expiration of
the time for filing a notice of appeal or
upon exhaustion of administrative
remedies under part 2 of this title, and
upon the fulfillment of the requirements of § 151.13 and any other Departmental requirements.
(3) The administrative appeal period
under part 2 of this chapter begins on:
(i) The date of receipt of written notice by the applicant or interested parties entitled to notice under paragraphs (d)(1) and (d)(2)(ii) of this section;

(ii) The date of first publication of
the notice for unknown interested parties under paragraph (d)(2)(iii) of this
section.
(4) Any party who wishes to seek judicial review of an official’s decision
must first exhaust administrative remedies under 25 CFR part 2.
[78 FR 67937, Nov. 13, 2013]

§ 151.13 Title examination.
If the Secretary determines that he
will approve a request for the acquisition of land from unrestricted fee status to trust status, he shall acquire, or
require the applicant to furnish, title
evidence meeting the Standards For The
Preparation of Title Evidence In Land Acquisitions by the United States, issued by
the U.S. Department of Justice. After
having the title evidence examined, the
Secretary shall notify the applicant of
any liens, encumbrances, or infirmities
which may exist. The Secretary may
require the elimination of any such
liens, encumbrances, or infirmities
prior to taking final approval action on
the acquisition and he shall require
elimination prior to such approval if
the liens, encumbrances, or infirmities
make title to the land unmarketable.
[45 FR 62036, Sept. 18, 1980. Redesignated at
60 FR 32879, June 23, 1995]

§ 151.14 Formalization of acceptance.
Formal acceptance of land in trust
status shall be accomplished by the
issuance or approval of an instrument
of conveyance by the Secretary as is
appropriate in the circumstances.
[45 FR 62036, Sept. 18, 1980. Redesignated at
60 FR 32879, June 23, 1995]

§ 151.15 Information collection.
(a) The information collection requirements contained in §§ 151.9; 151.10;
151.11(c), and 151.13 have been approved
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076–0100. This
information is being collected to acquire land into trust on behalf of the
Indian tribes and individuals, and will
be used to assist the Secretary in making a determination. Response to this
request is required to obtain a benefit.
(b) Public reporting for this information collection is estimated to average

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Pt. 152

25 CFR Ch. I (4–1–15 Edition)

4 hours per response, including the
time for reviewing instructions, gathering and maintaining data, and completing and reviewing the information
collection. Direct comments regarding
the burden estimate or any other aspect of this information collection to
the Bureau of Indian Affairs, Information Collection Clearance Officer,
Room 337–SIB, 18th and C Streets, NW.,
Washington, DC 20240; and the Office of
Information and Regulatory Affairs
[Project 1076–0100], Office of Management and Budget, Washington, DC
20502.
[60 FR 32879, June 23, 1995; 64 FR 13895, Mar.
23, 1999]

PART 152—ISSUANCE OF PATENTS
IN FEE, CERTIFICATES OF COMPETENCY, REMOVAL OF RESTRICTIONS, AND SALE OF CERTAIN
INDIAN LANDS
Sec.
152.1
152.2

SALES, EXCHANGES AND CONVEYANCES OF
TRUST OR RESTRICTED LANDS
152.17 Sales, exchanges, and conveyances
by, or with the consent of the individual
Indian owner.
152.18 Sale with the consent of natural
guardian or person designated by the
Secretary.
152.19 Sale by fiduciaries.
152.20 Sale by Secretary of certain land in
multiple ownership.
152.21 Sale or exchange of tribal land.
152.22 Secretarial approval necessary to
convey individual-owned trust or restricted lands or land owned by a tribe.
152.23 Applications for sale, exchange or
gift.
152.24 Appraisal.
152.25 Negotiated sales, gifts and exchanges
of trust or restricted lands.
152.26 Advertisement.
152.27 Procedure of sale.
152.28 Action at close of bidding.
152.29 Rejection of bids; disapproval of sale.
152.30 Bidding by employees.
152.31 Cost of conveyance; payment.
152.32 Irrigation fee; payment.
PARTITIONS IN KIND OF INHERITED
ALLOTMENTS

Definitions.
Withholding action on application.

152.33

ISSUING PATENTS IN FEE, CERTIFICATES OF
COMPETENCY OR ORDERS REMOVING RE-

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STRICTIONS

152.3 Information regarding status of applications for removal of Federal supervision over Indian lands.
152.4 Application for patent in fee.
152.5 Issuance of patent in fee.
152.6 Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist.
152.7 Application for certificate of competency.
152.8 Issuance of certificate of competency.
152.9 Certificates of competency to certain
Osage adults.
152.10 Application for orders removing restrictions, except Five Civilized Tribes.
152.11 Issuance of orders removing restrictions, except Five Civilized Tribes.
152.12 Removal of restrictions, Five Civilized Tribes, after application under authority other than section 2(a) of the Act
of August 11, 1955.
152.13 Removal of restrictions, Five Civilized Tribes, after application under section 2(a) of the Act of August 11, 1955.
152.14 Removal of restrictions, Five Civilized Tribes, without application.
152.15 Judicial review of removal of restrictions, Five Civilized Tribes, without application.
152.16 Effect of order removing restrictions,
Five Civilized Tribes.

Partition.

MORTGAGES AND DEEDS OF TRUST TO SECURE
LOANS TO INDIANS
152.34 Approval of mortgages and deeds of
trust.
152.35 Deferred payment sales.
AUTHORITY: R.S. 161; 5 U.S.C. 301. Interpret
or apply sec. 7, 32 Stat. 275, 34 Stat. 1018, sec.
1, 35 Stat. 444, sec. 1 and 2, 36 Stat. 855, as
amended, 856, as amended, sec. 17, 39 Stat.
127, 40 Stat. 579, 62 Stat. 236, sec. 2, 40 Stat.
606, 68 Stat. 358, 69 Stat. 666: 25 U.S.C. 378,
379, 405, 404, 372, 373, 483, 355, unless otherwise
noted.
CROSS REFERENCES: For further regulations pertaining to the sale of irrigable
lands, see parts 160, 159 and § 134.4 of this
chapter. For Indian money regulations, see
parts 115, 111, 116, and 112 of this chapter. For
regulations pertaining to the determination
of heirs and approval of wills, see part 15 and
subpart G of part 11 of this chapter.
SOURCE: 38 FR 10080, Apr. 24, 1973, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

§ 152.1 Definitions.
As used in this part:
(a) Secretary means the Secretary of
the Interior or his authorized representative acting under delegated authority.

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