Administration Proposes New Land-into-Trust Regulations

The U.S. Department of the Interior earlier this month released new proposed regulations to govern the process by which land may be acquired and placed into trust status by the federal government for the benefit of tribes. Interior recognizes that taking land into trust is “one of the most important functions” it undertakes. The agency notes that trust lands allow tribes to provide housing for their members, develop natural resources, and reverse the devastating effects of the federal government’s previous allotment policy.

The proposed regulations attempt to split land acquisition applications related to gaming from other land uses. Some legal scholars are arguing that this goes against the Indian Gaming Regulatory Act. Beyond treating certain land uses differently during the review process, tribes would also be required to show a historical and modern connection to the land. For tribes and Native Americans displaced from their ancestral homelands through removal or more modern techniques, this new requirement could prove a high hurdle to political and economic self-determination.

Coupled with significant changes to the Cobell settlement’s land buy back program, these proposed land-into-trust regulations could have a major impact on correcting checkerboarding in tribal communities and establishing new economic opportunities in Indian Country.

See a side-by-side comparison of the existing and proposed regulations here