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HomeMy WebLinkAboutLetter from the Bureau of Indian Affairs regarding application seeking acceptance of title to real property in trust by the U.S. for the Berry Creek Rancheria of Maidu IndiansptM,ENT OFTy� United States Department of the Interior a MMS °�;o , $ JUN 2 7 2014 a 0.4 BUREAU OF INDIAN AFFAIRS Pacific Regional Office OROVILLE, CALIFORNIA. IN REPT Y REFER To. 2800 Cottage Way Sacramento, California 95825 JUN 2 3 2014 CERTIFIED MAIL —RETURN RECEIPT REQUESTED aONO of SUPERVIM JUN 2 7 2014 Distribution List: OROyIIA MFOW Enclosed is a copy of our notice of an application seeking acceptance of title to real property "in trust' by the United States of America for the Berry Creek Rancheria of Maidu Indians of California. Said notice is issued pursuant to the Code of Federal Regulations, Title 25, INDIANS, and Parts 15 1. 10 and 151.11. We are seeking your comments regarding the proposed trust land acquisition in order to obtain sufficient data that would enable an analysis of the potential impacts on local government, which may result from the removal of the subject property from the tax roll and local jurisdiction. Pertinent information regarding the proposal is included in the enclosure. Enclosure Sincerely, k— ,,&t c3 Regional Director TAKE PRIDE , INAMERICA'l' BUTTECOUNTY P4�,g"T ov TNS ADMINISTRATION 1 19 United States Department of the Interior JUN 7 2 2014 N -�,.9 BUREAU OF INDIAN AFFAIRS OROVILLE, CALIFORNIA Pacific Regional Office EX REPLY REFER TO 2800 Cottage Way Sacramento, California 95825 JUN 2 4 2014 Notice of (Non -Gaming) Land Acquisition Application Pursuant to the Code of Federal Regulations, Title 25, INDIANS, Part 151.10, notice is given of the application filed by the Berry Creek Rancheria to have real property accepted "into trust" for said applicant by the United States of America. The determination whether to acquire this property "in trust' will be made in the exercise of discretionary authority which is vested in the Secretary of the Interior, or his authorized representative, U.S. Department of the Interior. To assist us in the exercise of that discretion, we invite your comments on the proposed acquisition. In order for the Secretary to assess the impact of the removal of the subject property from the tax rolls, and if applicable to your organization, we also request that you provide the following information: (1) If known, the annual amount of property taxes currently levied on the subject property allocated to your organization; (2) Any special assessments, and amounts thereof, that are currently assessed against the property in support of your organization; (3) Any government services that are currently provided to the property by your organization; and (4) If subject to zoning, how the intended use is consistent, or inconsistent, with current zoning. We are providing the following information regarding this application: Applicant: Berry Creek Rancheria of Maidu Indians of California Legal Land Description/Site Location: "See Attached" TAKE PRIDE INAMER$CA{ Proiect Description/Proposed Land Use: The subject property consists of five parcels of land, encompassing approximately 56.79 acres more or less, commonly referred to as Assessor's Parcel Numbers: 068-160-066, 068-341-030, 068-160-019, 068-160-088, and 068-341-017. The parcels are contiguous to current trust lands of the Berry Creek Rancheria. Currently, the property is vacant. The topography in the area is gently rolling hills and ranging from 400 to 480 feet in elevation. All five parcels are undeveloped, with no structures other than the boundary fencing and unpaved dirt tracts. The purpose of the proposed action is to help address the Tribe's need for additional Tribal Housing, as well as for cultural and social preservation, expression and identity, and self-determination. See Exhibits for parcel/site maps Current Use/Taxes and Zoning: 068-160-066 - $4,069.42 068-341-030 - $ 546.94 068-160-019-$3,413.42 068-160-088-$1,023.50 068-341-017 - $ 707.68 Existing Easements/Encumbrances: See attached "Schedule B" As indicated above, the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact on local/state government, which may result from the removal of the subject property from the tax roll and local jurisdiction. Your written comments should be addressed to the Bureau of Indian Affairs at the address at the top of this notice. Any comments received within thirty days of your receipt of this notice will be considered and made a part of our record. You may be granted an extension of time to furnish comments, provided you submit a written justification requesting such an extension within thirty days of receipt of this letter. An extension of ten to thirty days may be granted. Copies of all comments will additionally be provided to the applicant. You will be notified of the decision to approve or deny the application. If any party receiving the enclosed notice is aware of additional governmental entities that may be affected by the subject acquisition, please forward a copy of this notice to said party or timely provide our office with the name and address of said party. A copy of the application, excluding any documentation exempted under the Freedom of Information Act, is available for review at the above address. A request to make an appointment to review the application, or questions regarding the application, may be directed to Lorrae Russell, Realty Specialist, at (916) 978-6071. Sincerely, � ,a Regional Director Enclosure: 25 CFR 151 Schedule B Map fII6Y1W4 o I71�1[�7►� �� cc: BY CERTIFIED MAIL — RETURN RECEIPTS REQUESTED TO: California State Clearinghouse (10 copies) — 7009 3410 0000 1318 8362 Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 Sara J. Drake, Deputy Attorney General — 7009 3410 0000 1318 8386 State of California Department of Justice P.O. Box 944255 Sacramento, CA 94244-2550 Mr. Daniel Powell — 7009 3410 0000 1318 8393 Legal Affairs Secretary Office of the Governor of California State Capitol Building Sacramento, CA 95814 Office of U.S. Senator Feinstein - 7009 3410 0000 1318 8409 331 Hart Senate Office Building Washington, DC 20510 Board of Supervisors — 7009 3410 0000 1318 8416 County of Butte 25 County Center Drive, Suite 200 Oroville, CA 95965 Butte County Assessor - 7009 3410 0000 1318 8423 25 County Center Dr. Suite 100 Oroville, CA 95965 Butte County Treasurer and Tax Collector — 7009 3410 0000 1318 8430 25 County Center Drive, Suite 125 Oroville, CA 95965 Butte Public Works — 7009 3410 0000 1318 8447 7 County Center Drive Oroville, CA 95965 0 Butte County Sherriff-7009 3410 0000 1318 8454 33 County Center Drive Oroville, CA 95965 Chairperson — 7009 3410 0000 1318 8461 Enterprise Rancheria 2133 Monte Vista Ave. Oroville, CA 95966 Chairperson — 7009 3410 0000 1318 8478 Mooretown Rancheria 1 Alverda Drive Oroville, CA 95966 Regular Mail: Superintendent Bureau of Indian Affairs Central California Agency 650 Capitol Mall Sacramento, CA 95814 i Furth No. 1068-2 Commllnwt No.: 060341238490 ALTA Commltm6nt Page Number; 9 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. THE FOLLOWING EXCEPTIONS AFFECT PARCELS I, II AND III: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. • 3. The herein described land Iles within the bounds of South Feather Water and Power (Formerly Oroville Wyandotte Irrigation District). Note: For any amounts due, contact: South Feather Water and Power 2310 Oro -Quincy Hwy. Orovilte, CA 95966 Phone: 530 533-4578 4. Rights of the public in and to that portion of the land lying within Hiidale Avenue. Affects Parcels II and III. 5. An easement for ditch or pipeline and incidental purposes in the document recorded July 13, 1938 as Book 205, Page 367 of Official Records. The location of the easement cannot be determined from record information. Affects Parcel II 6. An Easement pursuant to Section 22438 of the Water Code for the maintenance, repair, cleaning, operation, and control of the open canal or other water conveyance facility and other incidental purposes related thereto along each side of the open canal or other water conveyance facility described in Instrument recorded on July 13, 1938 as Book 205, Page 367. 0 FirstAmerican Title Fom, No. 1068-2 ALTA Commtment Commitment No.: 0403.4239490 Page Number: 10 . 7. An easement for public utilities and incidental purposes in the document recorded April 26, 1947 as Book 1177, Page 36 of Official Records. Affects the northerly portion of Parcel I. 8. An easement for sewer pipes, pumps, pump vaults, electrical controls, services and facilities and incidental purposes in the document recorded December 8, 2003 as Serial No. 2003-0085298 of Official Records. Affects Parcel I. 9. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed October 6, 2004 in book 162, page 1 through 8 . 10. With respect to Berry Creek Rancheria of Maidu Indians of California: a. A copy of its constitution, bylaws and/or other governing documents. b. A certified copy of a resolution of the tribal council or other governing body (or other satisfactory documentation) authorizing the contemplated transaction and designating which individuals shall have the power to execute documents. F The Company's Agreement for Services executed by duly authorized signers together with satisfactory evidence of such authorization. d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 11. Approval from the Underwriting Department of First American Title Insurance Company must be • obtained before any policy of title insurance will be issued. No approval has been obtained as of the date of this Preliminary Report. The approval process may entail further requests for documents. 12. A properly executed Agreement for Title and Settlement Services in which the Berry Creek Rancheria, a federally recognized tribe, waives its sovereign immunity and consents to jurisdiction must be provided to the Company. The Agreement for Title and Settlement Services form is available from the Company. In accordance with Article V, Section 2, of the Articles of Association of the Berry Creek Rancheria, the execution of the Agreement for Title and Settlement Services may be exercised through the adoption of appropriate bylaws, ordinances, or amendments. 13. A proper vote of the General Council must approve the contemplated transaction in accordance with Article V, Section 1(c), of the Articles of Association. 14. Any claim that the United States lacks proper authority to hold title to the land, or arising from or related to an alleged defect in the process of approving or authorizing the acquisition of title by the United States of American in Trust for Berry Creek Rancheria, a federally recognized tribe. THE FOLLOWING EXCEPTIONS AFFECT PARCEL IV: 15. General and special taxes and assessments far the fiscal year 2013-2014, a lien not yet due or payable. 16. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 0 First American Mie Form Na 1068-2 Commitment No.: 1403-4236490 ALTA Commitment Page Number: 11 • RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 17. The herein described land lies within the bounds of South Feather Water and Power (Formerly Oroville Wyandotte Irrigation District). Note: For any amounts due, contact: South Feather Water and Power 2310 Oro -Quincy Hwy, Oroville, CA 95966 Phone: 530 533-4578 18. An easement for public utilities and incidental purposes In the document recorded November 27, 1961 as Book 1151, Page 25 of Official Records. Affects the northerly portion. An Easement Relocation Agreement recorded October 23, 2000 as Serial No. 2000- 0056469 of Official Records. 19. An easement for sewer pipes, pumps, pump vaults, electrical controls, services and facilities and incidental purposes in the document recorded December 8, 2003 as Serial No. 2003-0085298 of Official Records. 20. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed Sby that certain Record of Survey filed October 6, 2004 in book 162, page 1 through 8 . 21. With respect to Tyme Maidu Tribe Berry Creek Rancheria: a. A copy of its constitution, bylaws and/or other governing documents. b. A certified copy of a resolution of the tribal council or other governing body (or other satisfactory documentation) authorizing the contemplated transaction and designating which Individuals shall have the power to execute documents. c. The Company's Agreement for Services executed by duly authorized signers together with satisfactory evidence of such authorization. d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 22. Approval from the Underwriting Department of First American Title Insurance Company must be obtained before any policy of title insurance will be Issued. No approval has been obtained as of the date of this Preliminary Report. The approval process may entail further requests for documents. 23. A property executed Agreement for Title and Settlement Services in which the Berry Creek Rancheria, a federally recognized tribe, waives its sovereign immunity and consents to jurisdiction must be provided to the Company. The Agreement for Title and Settlement Services form is available from the Company. In accordance with Article V, Section 2, of the Articles of Association of the Berry Geek Rancheria, the execution of the Agreement for Title and Settlement Services may be exercised through the adoption of appropriate bylaws, ordinances, or amendments. 9 First Amencan 77 -Me Form No. 1068-2 Commitment No.: 0403-4238490 ALTA Commitment Page Number: 12 • 24. A proper vote of the General Council must approve the contemplated transaction in accordance With Article V, Section 1(c), of the Articles of Association. 25. Any claim that the United States lacks proper authority to hold title to the land, or arising from or related to an alleged defect in the process of approving or authorizing the acquisition of title by the United States of American in Trust for Berry Creek Rancheria, a federally recognized tribe. THE FOLLOWING EXCEPTIONS AFFECT PARCEL V: 26. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 27. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 28. The herein described land lies within the bounds of South Feather Water and Power (Formerly Oroville Wyandotte Irrigation District). Note: For any amounts due, contact: South Feather Water and Power 2310 Oro -Quincy Hwy. Oroville, CA 95966 • Phone: 530 533-4578 29. An easement for public utilities and incidental purposes in the document recorded February 23, 1962 as Book 1165, Page 364 of Official Records. The location of the easement cannot be determined from record information. 30. An unrecorded OWID pipeline as disclosed by the document recorded December 11, 1963 as Book 1285, Page 236 of Official Records. Affects the easterly portion. 31. An easement for sanitary sewer line and incidental purposes in the document recorded April 6, 1964 as Book 1306, Page 234 of Official Records. 32. Easements, set back lines, and note(s) if any, as shown or dedicated by Parcel Map filed April 10, 1974, in Book 49, at Page(s) 57, of Maps. 33. An easement for waterline and incidental purposes in the document recorded January 30, 1975 as Book 1964, Page 357 of Official Records. Affects the northerly 5 feet. 34. Any fads, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed October 6, 2004 in book 162, page 1 through 8 . 0 First Amer/can Title Form No. 1068-2 ALTA Commitment Commitment No.: 0963-4238490 Page Number: 13 • 35. With respect to Berry Creek Rancheria of Maidu Indians of CA.: a. A copy of its constitution, bylaws and/or other governing documents. b. A certified copy of a resolution of the tribal council or other governing body (or other satisfactory documentation) authorizing the contemplated transaction and designating which individuals shall have the power to execute documents. c. The Company's Agreement for Services executed by duly authorized signers together with satisfactory evidence of such authorization. d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 36. Approval from the Underwriting Department of First American Title Insurance Company must be obtained before any policy of title insurance will be issued. No approval has been obtained as of the date of this Preliminary Report. The approval process may entail further requests for documents. 37, A properly executed Agreement for Title and Settlement Services in which the Berry Creek Rancheria, a federally recognized tribe, waives its sovereign immunity and consents to jurisdiction must be provided to the Company. The Agreement for Title and Settlement Services form is available from the Company. In accordance with Article V, Section 2, of the Articles of Association of the Berry Creek Rancheria, the execution of the Agreement for Title and Settlement Services may be exercised through the adoption of appropriate bylaws, ordinances, or amendments. 38. A proper vote of the General Council must approve the contemplated transaction in accordance with Article V, Section 1(c), of the Articles of Association. 39. Any claim that the United States lacks proper authority to hold title to the land, or arising from or related to an alleged defect in the process of approving or authorizing the acquisition of title by the United States of American in Trust for Berry Creek Rancheria, a federally recognized tribe. THE FOLLOWING EXCEPTIONS AFFECT PARCEL VI: 40. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 41. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 42. The herein described land lies within the bounds of Lake Oroville Area Public Utility District. Note: For any amounts due, contact: Lake Oroville Area Public Utility District 1960 Elgin Oroville, CA 95966 Phone: 530 533-2000 43. The herein described land lies within the bounds of South Feather Water and Power (Formerly Oroville Wyandotte Irrigation District). 0 FirstAmencan Title Form No. 1069.2 Commitment No.: 0603-4238490 ALTA Commitment Page Number: 14 Note: For any amounts due, contact: South Feather Water and Power 2310 Oro -Quincy Hwy. Oroville, CA 95966 Phone: 530 533-4578 44. Rights of the public in and to that portion of the land lying within Hildale Avenue. 45. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed October 6, 2004 in book 162, page 1 through 8 . 46. With respect to Berry Creek Rancheria: a. A copy of its constitution, bylaws and/or other governing documents. b. A certified copy of a resolution of the tribal council or other governing body (or other satisfactory documentation) authorizing the contemplated transaction and designating which individuals shall have the power to execute documents. c. The Company's Agreement for Services executed by duty authorized signers together with satisfactory evidence of such authorization. d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 47. Approval from the Underwriting Department of First American Title Insurance Company must be obtained before any policy of title insurance will be issued. No approval has been obtained as of • the date of this Preliminary Report. The approval process may entail further requests for documents. 48. A properly executed Agreement for Title and Settlement Services in which the Berry Creek Rancheria, a federally recognized tribe, waives its sovereign immunity and consents to jurisdiction must be provided to the Company. The Agreement for Title and Settlement Services form is available from the Company. In accordance with Article V, Section 2, of the Articles of Association of the Berry Creek Rancheria, the execution of the Agreement for Tide and Settlement Services may be exercised through the adoption of appropriate bylaws, ordinances, or amendments. 49. A proper vote of the General Council must approve the contemplated transaction in accordance with Article V, Section 1(c), of the Articles of Association. 50. Any claim that the United States lacks proper authority to hold tide to the land, or arising from or related to an alleged defect in the process of approving or authorizing the acquisition of title by the United States of American in Trust for Berry Creek Rancheria, a federally recognized tribe. DR:Ijh 0 FirstAmencan ride Lio VO 'WB 0 • •pe Rb'$ �a 88�xp _J• SmJo3fE _3 SY ______________________._-__.--.._.. N S a ru�v O N ll1 •^.. LICK 3 T , $f --------------- su su tl OM1 AT ' � � j rav aln ck� ' �O � k � O -YJ •� 0� � _ ®��®� 09 Y't SPN1'S?E Ci W h N Lio VO 'WB 0 • 5» i,eaas'roo-�io-iaeaeo-z�oz-�ioz roa'e • • • § 150.11 Titles and Records Offices are des- ignated. as Certifying Officers for this purpose, when a copy or reproduction of a title document is authenticated by the offici%i seal and certified by a Man- ager, Land Titles and ReoOrds Office, the copy or reproduction aball be ad- mitted into evidence the same as the original from which it was made. The fees for furnishing such certified copies are estabidshed.by a uniform fes sched- ule applicable to all conetitnent units of the 17epMrb=10nt of'the Interior and published in 43 OVA part a, appendix A. ¢150.YY Disclosure of laud rteords, title documents, and title reports. (a) The usefulness of a Land Titles and Reoords Office depends In large measure an the ability of the public to consult the records conta4.ned therein. It is therefore, the pokey of the Bureau of Indian Affairs to allow &0oesa to land records and title documents un- less such access would violate the Pri- vacy Act, 5 t7.S.C. 5523 or other law re- stricting access to such records, or there are strong policy grounds for de- nyingaecess where such access is not required by the Freedom of Worms - tion Aot, 5 U.S.C. 552. It shall be the policy of the Bureau of Indian Affairs that, unless specifically anthorized, monetary eonaiderations will not be disclosed insofar as leases of tribal land am ooncerhed. (b) Eafore disclosing informatIOU concerning any, Iiving individual, the Manager, Land Titles and Records Of- goe, shall consult 5 U.S.C. 662a(b) and the notice of routine users then in Of- fset to determine whether the informer tion may be released without the writ- ten, consent of the person to whom it pertains. PART 151 -LAND ACQUISITIONS Bee. 1511 1?urposa anti scope. 151.8 Deilnittons. _ 151.5 Land anqufeitioa pulley. 151.4 Aaquielttone m treat of lands owned In fee by as Indian.' 151,5 Treat aogtdaitlons m Oklahoma under section 5 of We I.R.A. 151A Exchanges. 151.7 Acquisition Of,8actiensl interests. 1518 Tribal consent for, nonmember acguiei- tions. 25 CFR Ch..1(4-1-08 WNW 157.,9 Regwsts for approval of acquisitiOns, 151.10 On -reservation acquisitions. 161.11 Off -reservation acgowtione. 161.12 Anton ou regnssts. 151.13 Titin a MIMtien. 151,14 k11o1AM1OtiOAcf acceptsnca. 16115 Information coUeetion. Aua7r0 . aS. 161: 5 U.9.C. 301. Interpret or apply 48 Btat. 1106, as amended; 46 Stat. 1471, as amended; 48 St -t. 9M as amended; 49 Stat. 7967, ba amended- 5S Stat. 1129; 63 stat. 605; 09 Stat. 3912, as amended; 70 Stat. 290, As amanded: 70 Stat. e2g; 75 Stat. 605; 77 stat. 349; 78 Stat. 389; 78 Stat. 747; 82 Stet, 174, W amended, 82 Stat. 884; 84 Stat. 120; 64 Stat. 1874; 88 Stat. 216; 88 Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat. 81; 88 Stat. 1718; 88 9W- 2203; N Stat. 2207; 25 U.S.C. 2, 9, 409s, 46101, 961, 464, 486, 437, 488, 489, MI, R2. 578, 574, 576, 608, 608,, 610, 610&, 622, 624. 840d-10; 1466, 1495, and other authorlaing sots. CWN Rurnewmy: For regulations Par- tsining to: The inheritance of interests in treat or restricted Iaaa,'sea Porta 15, 16, and 17 of thin title and 43 CPR part 4; the Psr- ohaae of lands ander the BIA Loan Guaranty, Inanran.a and lnt�t BubeldY Program. "a. part 103 of this tale; the axahaAge and Parti - tin, of Crest or reatrletad lands, SOS part 152 of this title; land nequisitlone authorized by the Indian Sel&Datermination and Edu- cation Awlatanee Act, nes Parte 900 and 278' Of this title; the segnisittan Of allotmants on the public domain or in national forests, sea 48 CFR part 2530; the acquisition of Native ailotments and Native townsite lots in Alas- ka, lee 43 CPR parts 2561 and 2664; tho "Qui. oltion of lands by Indiana with funds bor- rowed from the Farmers Home Admudstra- tion, see 7 CFR Part 1823, subpart N; tbo so- quiattioa of land by pm'ahAae or esohaare for memtws of the Osage Tribe net having eer- titim"a of ocmpetency, ase 93117.8 and 158.54 of tble title. sorRox: 46 FR 62036, Sept. 13, I960, unless otherwise noted. Redesignated at 41 FR 18SV, Mar. M. 1982. ¢151,1 Purpose and stops. These regulations set forth the -au- thorities, policy, and procedures gov- erning the acquisition of land by the United States in trust status for indi- vidual Indiana and tribes. Acquisition of land by individual Indiana and tribes In fee elmple Status is not covered by these regulations even though Such land may, by operation of law, be held in restricted Status following acquisi- tion. Acquisition Of land in trust status by inheritance or escheat is not cov- eredby these regulations. These regu- lations do not cover the acquisition: of 01 M Bureau of Indlan'Afitlirs, Interior land in trust status in the State of Alaska,except acquisitions for the Metlakatla Indian Community of the Annette Island Reserve or it members. 9161.2 Definitions, (a) Secretary means the Secretary of the Interior or anthorized represents live. (b) Tribe mesos any Indian tribe, band, nation, pueblo, community, mroheria, colony, or other group of In- dians,, including the Matlakatla -Indian Commnnity of the Annette Island Re- serve, which is recognised by the Seo- ratary as elfgible.for the special pro- grams and Services from the Bureau of Indian Affairs. For purposes Of acquisi- tions made under the authority of 25 U.S.C. 488 and 469, or Other statutory authority which specifically authorizes trust acquisitions for such corpora- tions, "Tribe" also means a corpora- tion chartered under section 17 of the Act of June 18, IM (48'Stat, 988; 25 U.S.C: 477) or section 3 of the Act of June 26, 1988 (49 Stat. 1967; 25 U.S.G. 603). Cc) Individual Indian means: (1) Any person who is an enrolled member of a tribe; (2) Any person who is a descendent of such a member and Said descendant was, ou June, 1. 1984, physically residing on a federally recognised Indian res- ervatfon; (9) Any other person possessing a total of one-half or more degree Indian blood of a tribe; (4) For purposes of acquisitions out- side of the State of Alaska, Individual Indian also means a person who meets the qualffioationsof paragraph (o)(1), (2), or (a) of this section where "Tribe" includes any Alaska Native Village or Alaska Native (Troup which is recog- nized by the Secretary as eligible for the special programs and services from the Bureau of Indian Affairs. (d) Trust land or land in trust status means land the title to which is held in trust by the United States for an indi- vidual Indian or a tribe. (e) Restricted land or land in restricted status means land the title to which is held by an individual Indian Or a tribe and which cam only be alienated or an - cumbered by the owner with the ap- proval of the Secretary beoaase of limi- § 151.3 tations contained in the conveyance in- strument pursuant to Federal law or because of a Federal law directly im- posing such limitations. (f) Unless another definition is re- quired by the act of Congress mthor- ising a particular trust acquisition, In- dian reservation means that area of land over which the tribe Is recognized by the United States as having govern- mental jurisdiction, except that, in the State of Oklahoma or where there has been a final judicial determination that a reservation has been disestab- lished or diminished. Indian reservation means that area of land constituting the former reservation of the tribe as defined by the Secretary. (g) Land means real property or anY Interest therein. (h) Tribal cansoudat;on area means a specific area of land with respect to which the tribe has prepared, and the Secretary has approved, a plan For the acquisition of land in trust status for the tribe. (45 FR 02096, Sept. I9, 1980. as amended at 60 FR SWt9, Jahr 28.1%51 9151.3 L®d acquisition policy - Land not held in trust or restricted statue may only be acquired for an tn- dividual Indian or a tribe in trust sta- Iva when such acquisition is authorized by an act of Congress. No acquisition of land In trust status, including a trans- fer of land already held'in trust or re- stricted status, shall be valid unless the acquisition is approved by the so - rotary. (a) Subject to the provisions enn- Wood in the acts of Congress which ant imine land acquisitions, land may be acquired for a tribe in trust status: (1) When the property is located within the exterior boundaries of the tribe's reservation or adjacent thereto, or within a tribal consolidation area; or (2) When the tribe already owns an interest in the land; or (3) When the Secretary determines that the aoguisition of the land is nen easary to facilitate tribal aslf-deter- minatfon, economic development, or Indian housing. (b) Subject to .the provisions con - tallied in the acts Of Congrasa which authorize land acquisitions or holding 405 § 151.4 land in trust or restricted status, land may be acquired for an individual In- dian in trust status: (1) When the land is located within the exterior boundaries of an Indian reservation, or adjacent thereto; or (2) When the land.is already in treat or restricted status. §151A Aey�ds WHOM in trust of lauds owned m fes by an Indian. Unrestricted land owned by an ind5- vidual Indian or a tribe may be con- veyed into trust status, including a conveyance to trust for the owner, sub- ject to the provisions of this part. § iblII der ust secsectiona n 5 of the in LP-& Oklahoma In addition to acquisitions for tribes which did not reject the provisions of the Indian Reorganization Act and their members, land may, be aognired in trust status for an individual Indian or a tribe in the State of Oklahoma under section 6 of the Act of Suns 18, 1934 (48 Stat. 985; 25 U.S.C. 485), if such acquisition comes within the terms of this part. This authority is in addition to all other statutory authority for mob an acquisition. § 191.6 Exchange& An individual Indian or tribe may ac- quire land m trust status by exchange if the acquisition comes within the terms of this part. The disposal aspects of an exchange are governed by part 162 of this title. §151.7 Aoquisition of fraciimual inter - sets. Acquisition of a fractional land Inter- est by an individual Indian or a tribe in trust statute can be approved by the Secretary only if: (a) The buyer already owns afrae - tional interest in the same parcel Of land; or (b) The interest being acquired by the buyer is in fee status; or I (c) The buyer offers to purchase the remaining undivided trust or restricted interests in the parcel at not less than their fair market value; or (d) There is a specific law which grants to the particular buyer the right to purchase an undivided interest or interests in trust or restricted land 25 CFR CA 1 (4-1-08 Edition) without offering to purchase all of such interests; or (e) The owner of a majority of the re- maining trust or restricted interests in the parcel consent in writing to the ao- quisiticn by the buyer. §151.8 Tribal consent for nonmember acquisitions. An individual Indian or tribe may so - quire land in.trast status on a reserva- tion other than its own only when the governing body of the tribe having ju- risdiction over such reservation con- . sents in writing to the acquisition; pro- vided. that such consent shall not be required if the individual Indian or the tribe already owns an undivided trust or restricted interest in the parcel of land to be acquired. 5181.9 Requests for approval of aoqui- sitions. An individual Indian or tribe desiring to acquire land in trust status shall file a written request for approval of such acquisition with the Secretary. The re- quest need not be in any special form but shall set .out the identity of the parties, a description of the land to be acquired, and other information which would show that the acquisition comes within the terms of this part. §151.10 On -reservation acquisitions, Upon receipt of a. written request to have lands taken in trust, the Sao - rotary will notify the state and local governments having regulatory lurls- diction over the land to be acquired, unless the acquisition is mandated by legislation. The notice will inform the state or local government that each will be given 80 days in which to pro- vide written comments as to the mqui- sition's potential impacts on regu- latory jurisdiction, real property taxes and special assessments. If the state or local government responds within a 85 - day period, a copy of the comments will be provided to the applicant, who will be given a reasonable time in Which to reply and/or request that the Secretary issue a decision. The Sec- retary will consider the following cri- teria in evaluating requests for the ac- quisition of land In trust status When 408 Burew of Indian Affairs, Interior the land is located within or contig- uous to an Indian reservation, and the acquisition to not mandated: (a) The existence of statutory au- thority for - the acquisition and any limitations contained in snob author- Ity; (b) The used of the individual Indian or the tribe for additional laud; (c) The purposes for, which the land will be used: (d) If the land is to be acquired for an individual Indian, the amount of trust or restricted land already owned by or for that individual and the degree to which he needs assistance in handling his affairs; (e) If the Iand to be acquired is in tn- reatrloted fee status, the impact on the State and its political subdivisions re- Sulting from the removal of the land from the tax rolls; (p Jurisdictional problems and po- tentisd conflicts of land use which may arise; and (g) If the land to be acquired is in fee states, whether the Bureau of Indian Affairs i& equipped to discharge the ad- ditional responsibilities resulting from the acquisition of the land in trust sta- tes. (h) The extent to which the applicant has. provided information .that allows the secretary to comply with 516 DM s, appendix 4, National Environmentsl Policy .Act Revised Implementing Pro- cedures, and 602 DM 2; Land ACquist- tions: - Hazardous Substances Deter- minations. (For copies, write to the De- partment of the Interior, Bureau of In- dian Affairs, Branch of Environmental Services, 1899 C street NW., Room 4525 140, Washington, DQ 20740.) (45 Flt sense, Sept. 1& 1980, as amended It 80 FR 93879, June 29, 19951 $161.11 Off-reoervaidonscquiai *Mo The secretary Shall consider the fol- lowing requirements in evaluating trib- al requests for the acquisition of lands in trust Status, whsh the land is 10- cated outside of and noncontiguous to the tribe's reservation, and the acquisi- tion is not mandated: (a) The criteria listed in ¢15110 (a) through (o) and (e) through (h): (b) The location Of the land relative to state boundaries: and its' distance from the boundaries of the tribe's res- § 151.12 emation, shall be considered ae follows: as the distance between the tribe's res- ervation and me land to be acquired in- creases, the secretary shall give great- er scrutiny to the tribe's justification of anticipated benefits from ills aequi- sitrcn. me secretary shall glue greater weight to the concerns raised pursuant to paragraph (d) of this section. (c) Where land is being acquired for business purposes, the tribe shall pro- vide a plan which Specifies the antici- pated economic benefits associated with the proposed use. (d) Contact with State and local gov- ernments pursuant to ¢161.10 (e) and (f) Shall be completed as follows: Spun re- ceipt of a tribe's written request to have.lands taken in trust, the Sea- retary shall notify the state and local governments having, regulatory Juris- diction over the land to be acquired. The notice shall inform the state and local government that each will be given 30 days in which to provide writ- ten comment as to the acquisition's Po- tential impacts on regulatory jurisdio- tion, real property taxes and special as- sessments. I80 8R 92879, June 29, 1995, as amended at 80 FR Ae804, Sept. 21. 19961 §IsLiz Actionearequesta. (a) The Secretary shall review all re- questS and shall promptly notify the applicant in writing of his decision. The Secretary may request any addi- tional information or iustincation he considers neoeesary to enable him to reach a decision.. If the Secretary de- termines that the request should be de- nied, he shall advise the applicant of that fact and the reasons therefor in writing and notify him Of the right to appeal pursuant to part 2 of this title. (b) Following completion of the Title FmArmnation provided in §151.13 of this part and the exhaustion of any admin- istrative remedies, the Secretary Shall publish in the FEDERAL RnG15TM, or in a newspaper of general circulation serving the affected area a notice of his/her decision to take land into trust under this part. The notice will state that a final agency determination to take land in trust has been made and *bat the Secretary shall acquire title in the name of the United States no 407 sooner than 30 days after the notice Is published. [45 FR 6WW. Se➢t, 18, 1680. Redesigeated at 60 Fr 82899, Jac, 20," 1965, as smended at 61 FA isles, Apr. 24, 1988] § 151.15 Title examinatim if the Secretary determines that he will approve a request for the acqui8l- tlOn Of land from unrestricted fee star tus to trust statue, he shall acquire, Or require the applicant to fhrniah, title evidence meeting the Standards For The Preparation of Title Evidence In Land Ac- quisition, by the United States, issued by the U.S. Department of Justice. After having the title evidence examined, the Secretary shall notify the applicant of say liens, encumbrances, or infirmities which may exist. The Secretary MAY require the .elimination Of any such liens, enenmbmiroes, or Infirmities prior to taking final approval action on the acquisition and he shall require elimination prior to such approval if the ]Sena, encumbrances, or Infirmities make title to the land unmarketable. [45 on gm. 'Sept. 18, ise0. Redesignated at 80 Fn 82479, Jane 28.1990] §161.14 Forotalizaamr. of acceptance. Formal acceptance of land in trust statue shall be a0oompllshed by the iseuanoe or approval of an lnstrament of conveyance by the Secretary ss is apOrOpriate In the circumstances. [45 Fn 62M. Set. 18, 1980. Redesignated at 60 Fn 82879. Jane 28, 10953 § I6i.36 Information collectioN. (a) The information collection re- quirements contained in 18151.0; 15110; 151.11(c), and 151.13 have been approved by the Office of Management and Budg- et under 44 U.S.O. 8501 et seq. and as- signed olearanOe number 1070-0100. This Information is being collected to en- quire land into trust on behalf Of the .Indian tribes and individuals, and will be used to assist the Secretary in mak, mg a determination. Response to this request is required to obtain a benefit. (b) Public reporting for this Informa- tion collection is estimated to average 4 hours per response, including the time for reviewing instructions, gath- ering and maintaining data, and earn - plating and reviewing the information 25 CFR Ch [ (4-1-08 ECIR1011) collection. Direct comments regarding the burden estimate or any other as- pect of this information collection to the Bureau of Indian Affairs, Informa- tion Calleotion Clearance Officer, Room S37 -9I13, 10th and C Streets, NW., Washington, DC 20240; and the Office of Information and Regulatory Affairs [Project 1070-01001, office of Manage- ment and Budget, Washington, DC 20503. [60 Fn 328'19, Jane 28, 1895 64 Fn 13095, Mar. 23, 19991 PART 152--I5SUANCE OF PATENTS IN FEE, CERTIFICATES OF COM- PETENCY, REMOVAL OF RESTRIC- TIONS, AND SALE OF CERTAIN INDIAN LANDS Sea 182.1 Definitions. 162.2 Withholding action on apNicaticn. l6sul" PATENTS IN FEE, CWTOFMATES OF Co�omcr cD. Gauges agetovisD Rx- exarmTONa 162.8 Information regarding status of appli- cations for removal of Federal super- vision over lndiaa lards. 152.4 Applloatlon for patent in fee. 152.6 Issoanos of Datent in fee. 152.E 78maaCe of patents in fee to aoa-Indi- ans and zndiaaa with whom a 4WAal re- latfonahipdoea not ex[et. 152.7 Application for certificate Of 00M, petency. 152.818euanoe of oortfnoats of =Ospetency. 152.9 CartlAOates of competency W pertain Osage adults. 162.10 Application_ for orders removing re - striations, except Five Civilized Tribes. 162,11 issuance of orders removing restric- tious, except Five Civilised Tribes. 152.12 removal of restrictions, Five Civ- ilissd Tribes, sitar appneation under an - Monty other than section 2(a) of the Act of August 11, 1955. 15212 Removal of "striations. Five Civ - Weed Tribes, after applloatlOn under ae0- tfon 2(a) of the Act of August U, 1956. 152.14 removal of restrictions, Five Civ- ilized Tribes, without application. 152.15 Judicial review of removal of restria- tlons Five Civilized Tribee, withcat ap- plication. 152.15 rffeot of order removing restrlotfons, Five Civilized Tribes, 408