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You are here: Home » Policy Issues » Land & Natural Resources » Land-Into-Trust Land-Into-Trust
Why is land so important to Indian tribes?
Land is of great spiritual and cultural significance to Indian tribes, and many Indian communities are still reliant upon the land for subsistence through hunting, fishing, gathering or agriculture. Moreover, Indian lands are critical for the exercise of tribal self-governance and self-determination.
How much land do the tribes hold?
Indian tribes hold over 50 million acres of land, approximately 2% of the United States. Most of these lands are in very arid and remote regions. The largest reservation is the Navajo Nation, which is a large as West Virginia. Some reservations are as small as a few acres, and some tribes hold no land at all.
What are tribal trust lands?
The title to tribal lands is held by the federal government in a trust status for the benefit of current and future generations of tribal members. Most often this land is within the boundaries of a reservation. Trust status means that the land falls under tribal government authority and is generally not subject to state laws. Trust status also creates limitations on the use of the land and requires federal approval for most actions.
Can the tribes acquire more land in trust?
The federal government and the tribes have the ability to acquire additional land in trust. Most often this land is purchased by the tribe or acquired from federal surplus lands. Trust status can be conferred only by the Secretary of Interior or the U.S. Congress by statute. The ability of the Department of Interior to take land into trust was created in the 1934 Indian Reorganization Act to begin to compensate for unjust takings of tribal lands.
Why should tribes be allowed to acquire more land?
Between the years of 1887 and 1934, the U.S. Government took over 90 million acres, nearly 2/3 of reservation lands, from the tribes without compensation and gave it to settlers. In addition, the termination era of the 1940's and 50's resulted in similarly unjust losses of huge amounts of reservation land. The purpose of the Secretary of Interior's land-into-trust authority is to restore Indian land bases, to rehabilitate Indian economic life and to foster recovery from centuries of oppression. The need to take land into trust continues today. Since 1934, the Secretary has taken about 9 million acres back into trust status -- only about 10 percent of the total amount of land lost. The vast majority of reacquired lands has been within the boundaries of existing reservations. However, it is sometimes necessary for tribes to acquire land from outside reservation boundaries, particularly for tribes with extremely small reservations, those in remote areas far from the mainstream of economic life, and for those tribes whose reservations were diminished during the allotment or termination periods.
Do state and local governments have a say when land is taken into trust for a tribe?
Specific regulations require that the Secretary consult state and local governments prior to making a determination on taking land into trust status and the Secretary must specifically consider the impact on state and local governments of removal of the land from the tax rolls. The regulations also give state and local governments the right to appeal a secretarial decision both within the Interior Department and in the federal courts.
Can tribes take land into trust for gaming?
There are much greater limitations on land into trust if land is to be used by a tribal government for gaming purposes. The Indian Gaming Regulatory Act of 1988, 25 U.S.C. §2719, prohibits gaming on off-reservation lands acquired in trust after 1988, unless the Governor of the state concurs and the Secretary determines that gaming would not be detrimental to the surrounding community.
Documents
- October 31, 2009 - Reasons to Support a Clarification of the Indian Reorganization Act of 1934
- Tribal Supreme Court Project Memorandum - Carcieri v. Norton: Project Seeking Tribal Support on Land Trust Challange (4/14/2004)
- Interior to Restart Rulemaking Process for Land into Trust, Land Recovery Task Force Meeting on Dec. 5th to Discuss Options
- Comments of the NCAI on the Notice of Proposed Withdrawal of the Final Rule on Acquisition of Title to Land in Trust for the Benefit of Tribes and Indians, 09/12/01
- Land To Trust Comments Due September 12, Legislative Update #378, 09/06/01
- Land To Trust Action Alert, Legislative Update #377, 08/31/01
- NCAI Comments on Interior Department Land Into Trust Procedures, June 15, 2001
- NCAI Land Recovery Task Force Update, Legislative Update #352, 06/01/01
- Acquisition of Title to Land In Trust, Delay of Effective Date, April 16, 2001
- Interior Reopens Comment Period on Land To Trust Regulations, Legislative Update #348, 04/16/01
- Write Letters To Secretary of Interior on Land To Trust, Legislative Update #344, 04/09/01
- Acquisition of Title to Land In Trust, Final Rule, January 16, 2001
- Land To Trust Regulations Published Today, Legislative Update #324, 01/16/01
- Land To Trust Regulations To Be Published, Legislative Update #321, 01/10/01
- Background Information on Indian Tribal Land To Trust Regulations, July 18, 2000
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