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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:

Date Time (Local) Location
Tuesday, January 16, 2018 9:00 a.m. - 1:00 p.m.
Sacramento Convention Center Complex
Rooms 103-104
1030 15th Street
Sacramento, CA 95814
Thursday, January 18, 2018 9:00 a.m. - 1:00 p.m.
Mystic Lake Casino Hotel
Anoka Room
2400 Mystic Lake Boulevard
Prior Lake, MN 55372
Thursday, January 25, 2018 9:00 a.m. - 1:00 p.m.
DoubleTree by Hilton Portland
Mt. St. Helens (located on level 2)
1000 N.E. Multnomah
Portland, OR 97232

**Listening Session**

Thursday, February 15, 2018

**Listening Session**

10:00 a.m. - 12:00 p.m.

**Listening Session**
 
Capital Hilton
Ohio Room
1001 16th Street NW
Washington, DC 20036
Tuesday, February 20, 2018 9:00 a.m. - 1:00 p.m.
Heard Museum 
Steele Auditorium
2301 N. Central Avenue
Phoenix, AZ 85004
Thursday, February 22, 2018 9:00 a.m. - 1:00 p.m.
Miccosukee Resort & Casino
Ballroom A
500 S.W. 177th Avenue
Miami, FL 33194
Thursday, April 12, 2018
9:00 a.m. - 1:00 p.m.
Foxwoods Resort Casino
Celebrity Ballroom BH-K on Level 2 of the Conference Center
350 Trolley Line Boulevard
Mashantucket, CT 06338
Thursday, May 31, 2018
9:00 a.m. - 1:00 p.m.
Best Western Ramkota Hotel & Conference Center
Lincoln Room
2111 N. LaCrosse
Rapid City, SD 57701

Comments Received

We are still in the process of posting comments.  If your comment does not appear, please be patient and we will have it posted as soon as possible.  Comments posted in the table below are in no particular order.
 
NCAI Mohegan Tribe St. Regis Mohawk Tribe Keweenaw Bay Indian Community State of Wyoming
Confederated Tribes of Siletz Indians of Oregon Yankton Sioux Tribe Susanville Indian Rancheria Confederated Tribes of the Warm Springs Reservation Fort Belknap Indian Community
Federated Indians of Graton Rancheria St. Croix Chippewa Indians of Wisconsin Ute Indian Tribe Hydaburg Cooperative Association Squaxin Island Tribe
Yocha Dehe Wintun Nation Minnesota Chippewa Tribe Lac Du Flambeau Band of Lake Superior Chippewa Indians Menominee Indian Tribe of Wisconsin Viejas Band of Kumeyaay Indians
Confederated Salish and Kootenai Tribes of the Flathead Nation George, Michelle Seminole Tribe of Florida Sisseton-Wahpeton Sioux Tribe Coquille Indian Tribe
Bagley Appraisal Services Confederated Tribes of Warm Springs California Fee-to-Trust Consortium Havasupai Tribal Council Sault Ste. Marie Tribe of Chippewa Indians
Craig Tribal Association Mille Lacs Band of Ojibwe California Nations Indian Gaming Association Pueblo of Isleta Standing Rock Sioux Tribe
Pueblo of Laguna Lytton Rancheria Yankton Sioux Tribe Mashpee Wampanoag Tribe Cheyenne River Sioux Tribe
Oglala Sioux Tribe Tlingit and Haida Indian Tribes of Alaska Confederated Tribes of the Grand Ronde Community of Oregon Colorado River Indian Tribes Salt River Pima-Maricopa Indian Community
Port Gamble S'Klallam Tribe Sitka Tribe of Alaska Habematolel Pomo of Upper Lake Hopi Indian Tribe
Confederated Tribes of the Warm Springs Reservation of Oregon Dawson, Marlene Mississippi Band of Choctaw Indians Cheyenne River Sioux Tribe Mohegan Tribe
Picayune Rancheria of Chukchansi Indians Nisqually Indian Tribe Seneca-Cayuga Nation Spokane Tribe of Indians Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
Pala Band of Mission Indians Redding Rancheria Jamestown S'Klallam Tribe Self-Governance Advisory Committee (SGAC) Mashpee Wampanoag Tribe
Tuolumne Me-Wuk Tribal Council Tolowa Dee-ni' Nation Coeur D'Alene Tribe Tulalip Tribe Oglala Sioux Tribe
Sauk-Suiattle Indian Tribe Navajo Nation Great Plains Tribal Chairmen's Association, Inc.(GPTCA) National Congress of American Indians (NCAI) Mashantucket Pequot Tribal Nation
Ho-Chunk Nation Yavapai- Apache Nation Chicken Ranch Rancheria of Me-wuk Indians of California Chemehuevi Indian Tribe United Keetoowah Band of Cherokee Indians
Colusa Indian Community Council of Cachil Dehe Band of Wintun Indians Ramona Band of Cahuilla Susanville Indian Rancheria Shoshone-Bannock Tribes Nez Perce Tribe
Forest County Potawatomi Community of Wisconsin Squamish Indian Tribe Inter Tribal Association of Arizona (ITAA) Middletown Rancheria of Pomo Indians of California Prairie Island Indian Community
United South and Eastern Tribes Sovereignty Protection Fund (USET SPF) Muscogee (Creek) Nation Chickasaw Nation Confederated Tribes of the Colville Reservation Seneca-Cayuga Nation Office of the Gaming Commissioner
Ak-Chin Indian Community Soboba Band of Luiseno Indians Prairie Band of Potawatomi Nation Cowlitz Indian Tribe Saint Regis Mohawk Tribe
Fond du Lac Band of Lake Superior Chippewa California State Association of Counties (CSAC) Pascua Yaqui Tribe Kalispel Indian Tribe Southern Ute Indian Tribe
Quinault Indian Nation Saginaw Chippewa Indian Tribe of Michigan Poarch Band of Creek Indians Tejon Indian Tribe Santa Ynez Band of Chumash Indians
Pueblo of Acoma Kickapoo Traditional Tribe of Texas Shakopee Mdewakanton Sioux Community Pokagon Band of Potawatomi Indians Elk Valley Rancheria
Citizen Potawatomi Nation Rincon Band of Luiseno Indians Muckleshoot Indian Tribe Pueblo of San Felipe Pechanga Band of Luiseno Indians
Tunica-Biloxi Tribe of Louisiana        

 

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