Fee-to-Trust Regulations (25 CFR 151)

The Department of the Interior (DOI) is considering revisions to 25 CFR 151. The Department had initially issued a draft revision and summary sheet and scheduled consultations for late 2017. See the October 2017 Dear Tribal Leader Letter here.

At an October listening session, we heard repeated calls for additional time and sessions to consult on the draft revisions. In response to your requests and in light of other scheduling conflicts, the Department has issued a new, revised consultation to begin in January 2018. Please see the December 2017 Dear Tribal Leader Letter for questions on which the Department would like Tribes' input here.

Due to the government-wide shutdown, one consultation session scheduled for January 23, 2018, in Mashantucket, CT was canceled. The canceled session has been rescheduled for March 15, 2018. In addition, the deadline for submitting comments has been extended to June 30, 2018 (*Comments received by noon July 2, 2018 (Eastern Time) will be accepted). See the Dear Tribal Leader Letter announcing the rescheduled consultation session and deadline extension here.

Due to expected inclement weather, the consultation session scheduled for March 15, 2018, in Mashantucket, CT was canceled (letter). This session was rescheduled to Wednesday, April 11, 2018 (letter), but due to a Congressional hearing, the session has been rescheduled to Thursday, April 12, 2018. The letter announcing the new rescheduled date is available here.

In response to several requests, a new consultation session will be held on Thursday, May 31, 2018, in Rapid City, SD. The letter announcing the new session is available here.

UPDATE: The deadline for comment submissions has been extended since June 30th falls on a weekend. Comments received by noon July 2, 2018 (Eastern Time) will be accepted.

Questions for Consultation

1. What should the objective of the land-into-trust program be? What should the Department be working to accomplish?

2. How effectively does the Department address on-reservation land-into-trust applications?

3. Under what circumstances should the Department approve or disapprove an off-reservation trust application?

4. What criteria should the Department consider when approving or disapproving an off-reservation trust application?

5. Should different criteria and/or procedures be used in processing off-reservation applications based on:

a. Whether the application is for economic development as distinguished from non-economic development purposes (for example Tribal government buildings, or Tribal health care, or Tribal housing)?

b. Whether the application is for gaming purposes as distinguished from other (non-gaming) economic development?

c. Whether the application involves no change in use?

6. What are the advantages/disadvantages of operating on land that is in trust versus land that is owned in fee?

7. Should pending applications be subject to new revisions if/when they are finalized?

8. How should the Department recognize and balance the concerns of state and local jurisdictions? What weight should the Department give to public comments?

9. Do Memoranda of Understanding (MOUs) and other similar cooperative agreements between tribes and state/local governments help facilitate improved tribal/state/local relationships in off-reservation economic developments? If MOUs help facilitate improved government-to-government relationships, should that be reflected in the off-reservation application process?

10. What recommendations would you make to streamline/improve the land-into-trust program?

Consultation Sessions

Please RSVP to consultation@bia.gov if you plan on attending any of these sessions. If you would like provide written input, please email the input to consultation@bia.gov by noon, July 2, 2018, Eastern Time (the deadline for submission has been extended since the original deadline, midnight Eastern Time on June 30, 2018, falls on a weekend). Transcripts of consultation sessions will be posted below as they are received.

The new consultation schedule is as follows:

Comments Received