Statute
Land Acquisitions rule (25 C.F.R. part 151, fee-to-trust)
Interior's 2023 rule rewrote the fee-to-trust process, aiming to make land-into-trust faster and cheaper for tribes.
- Citation
- 88 Fed. Reg. 86222 (Dec. 12, 2023), effective Jan. 11, 2024
- Year
- 2023
- Effect on land rights
- advanced
What happened
When a tribe wants land taken into federal trust, it applies to the Bureau of Indian Affairs. This "fee-to-trust" process rests on section 5 of the Indian Reorganization Act and on rules at 25 CFR part 151. The Bureau published a final rule revising those rules in the Federal Register on December 12, 2023, effective January 11, 2024.
The Bureau's summary says it had developed extensive experience since the regulations were first promulgated in 1980. Relying on that experience and input from multiple stakeholders, the rule "makes the fee-to-trust process more efficient, simpler, and less expensive to support restoration of Tribal homelands."
The rule itself gives the reason. It says the average time to receive a final fee-to-trust decision was then about 985 days. It also created a new category, the "initial Indian acquisition," meant to support tribes that do not currently have land held in trust. And it kept the IRA's central limit: the rule explains how the Bureau judges whether a tribe was under federal jurisdiction in 1934, using conclusive, presumptive and probative evidence.
Rules like this one can be revised by later administrations.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
this final rule makes the fee-to-trust process more efficient, simpler, and less expensive to support restoration of Tribal homelands.
Land Acquisitions, final rule, 88 Fed. Reg. 86222 (Dec. 12, 2023), Federal RegisterThis final rule is effective on January 11, 2024.
Land Acquisitions, final rule, 88 Fed. Reg. 86222 (Dec. 12, 2023), Federal RegisterBIA wishes to support acquisitions for Tribes that do not currently have land held in trust
Land Acquisitions, final rule, 88 Fed. Reg. 86222 (Dec. 12, 2023), Federal RegisterThe average length of time to receive a final fee-to-trust decision is now approximately 985 days.
Land Acquisitions, final rule, 88 Fed. Reg. 86222 (Dec. 12, 2023), Federal Register
Research notes. Current status of the rule under the 2025-2026 administration was not verified. Whether the 2023 rule actually shortened processing times is not shown by any source opened.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
Links marked “suggested” were matched automatically by name or date and have not yet been reviewed by a person.
Doctrine applied 2
Policy era 1
Sources
- Kind
- Statute
- Confidence
- High