With the approval of the Secretary or authorized representative, you, as a landowner of a restricted Native allotment or townsite lot, can apply to give (gift) your Native Allotment or restricted townsite lot to a relative or other person with whom you have a special relationship. Once the gift deed is completed, signed and approved, title will be transferred and you will no longer have any say in what happens to the property. Gifts are permanent and cannot be retracted at a later time.
You must have title to the restricted property in order to gift deed the property or inherited interest, which can be confirmed by a Certificate of Native Allotment, Native Restricted Trustee Deed, Probate Decision, or other approved conveyance document.
Applications for Gift Deed will only be approved if the person you are gift deeding to is your spouse, brother, sister, lineal ancestor or descendent of Native blood, or when some other special relationship or special circumstance exists.
The following steps are the procedures for a gift deed:
1. Initial Contact: A gift deed transaction can be initiated by submitting your request in writing to our office. Once the request is received, the transaction will be assigned to a Realty Specialist.
2. Application and counseling: The Realty Specialist assigned to your case will follow up with you to discuss the gift deed process and the other options that may be available to you. The Specialist will also send you an Application to complete and return, as well as other required documents. The person you are gift deeding to will also be counseled and must complete a Grantee Information Sheet.
3. Proof of Indian Blood: If the person you are gift deeding to is also an Alaska Native and wishes to retain the restrictions on the property, they must submit a request to retain restrictions and provide proof of their Alaska Native blood quantum, which can be accomplished by a copy of a CIB, tribal enrollment card showing blood quantum, or ANCSA corporation shareholder card showing blood quantum.
4. Survey: If your gift is for a portion of your land, and an adequate aliquot parts description is not able to be determined, a survey and subdivision will be required before the gift deed can move forward. The BIA does not have funds available for subdivisions.
5. Archeological Inventory: An archeological inventory may be necessary and will be conducted by the BIA Archeology staff. The Realty Specialist assigned to your case will request a review from the Branch of Archeology. A recommendation to proceed is required.
6. Environmental Compliance: Compliance with NEPA regulations is required. The Realty Specialist assigned to your case will assess the gift deed and will determine the type of environmental document required for the transaction.
7. Deed: Once all the above reviews are completed, a Deed will be prepared for your signature. It must be signed in the presence of a Notary Public or the local Postmaster. Once signed, the Deed should be returned to the Realty Specialist assigned to your case for further processing.
8. Report of Investigation: Once the previous steps are completed, the Realty Specialist prepares a Report of Investigation with a recommendation for action.
9. Decision: The gift deed package is then submitted to the Regional Director’s office for review and decision.
- If approved, the Deed will be signed by the authorized BIA official, forwarded to the BIA Alaska Land Titles and Records Office for recording, and then returned to the Alaska Regional Realty. The Deed will then be submitted to the appropriate State Recorder's Office for recording. Upon return of the original recorded Deed from the Recorder's Office, it will be transmitted to the grantee/recipient.
- If disapproved, the landowner/grantor and grantee(s) will be notified of the action taken.
Any affected parties can appeal the decision and will be informed of the appeal procedures.
FOR FURTHER INFORMATION, CONTACT:
Bureau of Indian Affairs Alaska Region
Real Estate Services
3601 C Street, Suite 1200 MC-304
Anchorage, Alaska 99503-5947
(800) 645-8465 Ext. 2-1