How Do You Read a Bia Title Status Report

Based onMessage Runner, Vol. 5 "Cutting through the Red Tape" addresses the unique challenges involved in the management of Indian trust land and avails. Information technology includes a drove of the well-nigh common forms used by federal agencies and Indian people and provides tips for how to read and process these forms successfully.

Contact us to social club print copies of "Cutting through the Red Tape" and other ILTFpublications.

These forms are designed to await as much as possible like the bodily federal forms that an Indian landowner or tribe would encounter. Withal, they should not be mistaken for the real thing. Actual forms must be caused from the appropriate tribal or federal bureau. (Run into Publications: Country Management Resource for contact information.) Names of individuals, companies, places, numbers, dollar amounts and any other form of personal data found on any of the forms found in this drove are entirely fictitious and meant only to serve as examples of the kind of information that would be displayed.

With these resources, we hope to help Indian landowners effectively navigate the mountains of red tape that stand up between them and individual or tribal control of their ain land and avails. We also promise these resource will assistance people to improve understand their options regarding the Cobell Settlement and the Land Buy Dorsum Program for Tribal Nations. However, nosotros cannot provide specific information most individual IIM accounts or almost the Cobell Settlement. For more data on those topics contact:

Private Trust Interest Report

The Individual Trust Involvement Report (ITI) is one of the near important documents for an Indian trust country owner to empathise. It contains essential information about a landowner's trust land (surface) and mineral (mineral rights) holdings. For instance, information technology lists the location and size of a trust state allocation, the allottee's share of undivided interests in an allotment and how much that share is worth. If an Indian person has inherited a lot of interests, the ITI Written report tin can exist several pages long and it'southward not always clear where one allotment ends and another begins. It'southward important for landowners to brand this stardom if they are because selling, exchanging or gift deeding some of their interests.

What to Wait
The ITI Report is generated from the Trust Asset and Accounting Management Organisation (TAAMS) at the regional BIA Land Titles and Records Office and mailed to landowners on a quarterly ground. A copy of the ITI Report is required for most land-related applications, such as land consolidations and exchanges, transferring land from fee to trust status and gift deeds. The ITI Report can be requested through the local or regional Agency of Indian Diplomacy (BIA) realty office or through the Function of the Special Trustee for American Indians (OST). In order to request a re-create of the ITI Report, a landowner will need to provide his or her tribal enrollment number.

PLSS Legal Country Description
The Public Country Survey Organisation (PLSS) legal land description is included on the ITI Study and states the verbal location of an allotment using land surveying terminology. The description includes the department, township, range, canton, land and meridian. A section is equivalent to 640 acres, and most allotments are 160 acres, which would be one quarter of the section. Underneath the words "Legal Clarification" on the ITI Report is a management (NE, NW, SE or SW) that identifies which quadrant (or quarter) of the section the country is in. If the allotment is less than 160 acres, there will be two or more directions listed. For case, an 80-acre resource allotment might have East, SW in the legal description. This would mean that the allotment is in the eastern half of the southwest quadrant of the section.

Calculating Buying in Equivalent Acres
Applications for land exchange, consolidation or sale require ownership involvement in equivalent acres. To calculate this, use the data on the ITI Report to multiply the Aggregate Decimal by the Total Department Acres.

For example: .0111111111 × 160 acres = 1.777777777 acres

Note: If the buying is in undivided interests, this number volition not represent an actual plot of country only an estimate of value for the interests owned in a tract of country.

Fly to Your Land on Google Earth
The Public Land Survey System (PLSS) land description found on theITI Study tin exist used to view a map of the allotment on Google World.

To install Google Globe (it'due south costless ) visitGoogle Earth and click on the button to download the latest version of the plan.

Side by side, go to theEarthPointwebsite page on Township and Tange. Curl down to the section titled: "Convert Township, Range and Section to Latitude and Longitude." Referring to thePLSS data on theITIReport, select the correct data in the drop down boxes on the EarthPoint website. Click on "Wing to On Google Earth" and open the webpage that is automatically created for the allotment. On the map, one line marks the boundaries of the township and another line marks the boundaries of the 640-acre department of land the allocation is in.

Use the directions (NE, NW, SE or SW) in the legal land description of theITI Report to determine the verbal location of the resource allotment. Zoom in and out by double-clicking on the webpage or using the whorl bar at the right. Activate unlike "Layers" on the webpage to come across more map details, such as towns and roads.

Click here to admission the document.

Individual Indian Monies Statement of Account

Individual Indian Monies (IIM) accounts are managed by the Office of the Special Trustee for American Indians (OST), which was established in 1994 as part of the American Indian Trust Fund Management Reform Act. Prior to the establishment of OST, IIM accounts were managed by the BIA. The IIM Statement of Account contains important data about an individual Indian account holder's income and expenses from the use or sale of a trust asset such every bit agricultural or grazing leases, coal production, timber harvesting or oil and gas leases. Funds listed on the account argument can also come from a per capita payment or from proceeds from an manor account following a probate.

What to Expect
All IIM account funds are invested in government securities and earn interest until they are disbursed. IIM account statements are mailed to account holders on a quarterly footing along with a List of Real Property Assets. However, if the account has a very depression balance and does not have any activity for an xviii calendar month period, the beneficiary volition receive a statement only once a year.

There are 3 different types of IIM accounts: unrestricted, restricted and manor.

Most adults have unrestricted accounts in which funds are disbursed to the account holder whenever the account balance reaches $15 or more, unless the business relationship holder requests otherwise or has direct deposit. (See IIM Business relationship Preferences and Modify of Address.)

An account may be restricted if there is a claim pending against the business relationship, such every bit for kid support; if a electric current address is non on file (i.e., the beneficiary is on the Whereabouts Unknown list); or if the account holder is a modest. Restricted account funds are disbursed in accordance with a BIA-approved disbursement plan.

Estate accounts are established when OST receives discover than an account holder is deceased. Estate accounts remain open, earning income, until the probate process is completed and assets are distributed.

Take a Question?
The OST's Trust Beneficiary Call Center is the all-time place to starting time if you have a question nearly your IIM account or account statement. The Call Center is open Mon through Friday, 7:00 a.one thousand. – 6:00 p.m. and Sabbatum, 8:00 a.m. – 12:00 p.m. (Mountain Time). Call Center staff are trained to answer to almost all trust account related questions, including information most your business relationship balance, requesting a payment, change of address, setting up straight deposit, and more. The Phone call Heart'southward toll-free number is: 1-888-678-6836.

OST field staff include six Regional Trust Administrators (RTAs) and 52 Fiduciary Trust Officers (FTOs). Located across Indian Country, FTOs serve as the primary signal of contact for trust beneficiaries and frequently hold outreach meetings for beneficiaries to provide full general trust data and to respond questions. Contact the OST Call Middle to find the FTO and RTA responsible for overseeing IIM accounts in your surface area.

Click here to access the document.

List of Existent Property Assets

ThisList of Real Holding Assets offers a quick snapshot of pertinent data well-nigh all of an IIM account holder'south trust land holdings. Data is divided into two sections which draw commencement the trust land holdings and so the diverse encumbrances (leases, rights of way, etc.) that are held on those lands.

Landowners can larn a lot about what they own by looking at this form, including the amount of undivided interest they own in each package of land, the type of ownership they hold, existing leases on the country, what the leases are for and when they are due to expire. Landowners who plan to negotiate a new lease agreement or who are considering new land use options for the property should review this data advisedly.

What to Expect
This course is mailed to IIM business relationship holders on a quarterly ground along with the IIM Statement of Business relationship. Accounts with low balances and minimal activity volition receive a argument only once a twelvemonth.

Click here to access the document.

IIM Account Preferences and Change of Address

TheIIM Instructions for Disbursement of Funds and Alter of Address Form is used by the Office of the Special Trustee for American Indians (OST) to establish the account preferences and update personal information, such equally change of accost or proper noun, of IIMtrust account holders. IIM business relationship holders who have moved or are no longer receiving quarterly statements, should contact OST correct away to update their contact information to ensure there is no lapse in service. The form can be accessed online onOST's website and returned to the OST Trust Beneficiary Phone call Center offices in Albuquerque, New Mexico. Beneficiaries can also phone call the Trust Beneficiary Phone call Heart, 1-888-678-6836, to update their account information over the phone. To process the request, Phone call Center staff require the caller to provide at least ii of the following pieces of information:

• Social security number
• Engagement of nativity
• Last address of record
• IIM account number
• Gauge date and corporeality of the last disbursement

Are Your "Whereabouts Unknown?"
Many people believe the BIA and OST volition ever know where they are. They won't! People end upwardly on the "Whereabouts Unknown" listing for several reasons. For example, when a person dies without a volition, his or her assets may go to his or her living heirs. Many times those heirs are not living in the same area, and no 1 knows where they are. Oftentimes people move and forget to notify the BIA or OST, especially if they don't have an agile account when they move.

According to recent data, in that location are more than 102,000 individuals on the OST's Whereabouts Unknown list with $66 million in trust assets in their accounts. That's a lot of unclaimed Indian money!

To help locate these individuals, OST posts the Whereabouts Unknown list on its website and circulates it at regional trust beneficiary meetings. Here are iii actions you can take to help OST locate people who are on its "Whereabouts Unknown" list:

1. Go toOST'south websiteand click on the link "Is OST Belongings Coin for You?" to see a listing of people on the Whereabouts Unknown list.
2. Fill out the Instructions for Disbursement of Funds and Alter of Address form establish onOST'south websiteand return it to the OST's central offices in Albuquerque, New Mexico.
3. Call OST'south toll-free hotline, one-888-678-6836, to update your contact information and to speak to an OST representative

Click hereto access the document.

Appraising the Value of Indian Trust State

Appraisals are used to determine the fair marketplace value for Indian trust land and resource. While requirements may vary from region to region, appraisals are generally required for land sales, land exchanges, country consolidations, gift deeds, rights of way and leases. It should be noted, nevertheless, that an appraisal of value, does not necessarily decide the actual price. In a land sale or lease, for case, a landowner may choose to negotiate for more than than the appraised value. However, in most cases, particularly when the tribe is the buyer, the landowner sells for the appraised value.

For allotments held in undivided interests, an appraisal is completed based on the value of the unabridged allotment and and so divided past the percentage of interest held. For example, if the value of an entire 160 acre allocation is $10,000 and an individual'south ownership interest is 1/10, the appraised value of his or her country would be $1,000.

In general, an appraisement is considered valid for ane year, though this depends on how fast the land values are changing. As such, if an appraisal is requested on behalf of multiple co-owners of an allotment inside a year's time, only one appraisal would exist required to determine the value of that allotment. This allows the BIA to cut down on the number of appraisals it pays for.

Steps in the Process
To request an appraisement, the appropriate BIA realty office or tribal country office will transport a request for appraisal services to the Office of the Special Trustee for American Indians (OST). The appraisal request identifies specific items to be addressed in the appraisal, such as: the transaction blazon (lease, sale exchange, right of way, etc.), property type (agricultural, residential, commercial, industrial, recreational, etc.), and whether in that location are utilities present and which kind. If there are no problems with the asking, OST will forward the request either to an in-house appraiser or to a contract appraiser. When a contractor receives an appraisal request, he or she must prepare a statement of work and submit information technology to OST for consideration. One time a contract for the appraisal is awarded, the appraiser can begin the appraisement process, which he or she is required to complete within xc days. When the appraisement is complete, the appraiser submits it to the Office of Appraisal Services (OAS) which is overseen by OST, for review and final approval.

What to Expect
Appraisals of Indian state must comply with certain standards, but considering every piece of property is unique, there is no i form or format used by all appraisers. All appraisers working or contracting for OST are required to follow the Uniform Standards of Professional Appraisal Practice (USPAP) and are required to be certified general appraisers. All the same, the content of each appraisal varies, sometimes dramatically, based on multiple factors, such as whether the land or holding is residential, commercial or agricultural, where it is located, the condition of existing structures, and the determined valued of comparable properties in the area. In some regions, such as the Great Plains, the BIA realty office or tribal state office does not automatically send the landowner a re-create of the full appraisal when it is completed. Instead, a letter is sent to the landowner with the interpretation of value that was determined. In other regions and surface area offices, such as the Minnesota Agency in the Midwest Region, the entire appraisal is sent to the landowner upon completion. Either way, the landowner always has the right to review the full appraisal upon request.

Length of Time
Depending on whether the appraisal is completed by an in-house appraiser or outsourced to a contractor, it tin take anywhere from 160 to 190 days to receive an appraisal one time the request has been made. There are several factors that can touch this timeline, such as geographic isolation of the property or a unique natural resources, that require the appraiser to spend more than fourth dimension acquiring data or information to support an opinion of value. Other factors tin can decrease the timeline. For example, in some areas (such equally the Great Plains) multi-yr appraisal contracts are used. These reduce the amount of fourth dimension information technology takes to get an appraisal completed past eliminating the demand to advertise and award a separate contract for each appraisal. This likewise eliminates the need to develop a statement of work for each contract and accept it reviewed.

Who Pays for an Appraisement?
The BIA is required to pay for all appraisals of Indian trust country, even if the toll of the appraisal is greater than the value of the land. The only exception is in the example of a correct of way, when the person or company seeking the right of way has to foot the beak.

Auction of Indian Land

The Claims Settlement Act of 2010 authorized blessing of the $3.4 billionIndian Trust Settlement, which allocates $1.9 billion to the Indian Trust Land Consolidation Fund for the purchase of individual trust state undivided interests. Undivided interests purchased through the program will exist returned to the tribe with the goal of reducing fractionation and consolidating the tribal land base. One time the process and procedures for purchasing the trust land have been determined, Indian landowners across Indian State will exist contacted past the overseeing agency-likely the BIA-and invited to sell their individual ownerships interests in fractionated parcels.

Consolidating trust lands and reducing fractionation are definitely good things. At the aforementioned time, individual landowners should carefully consider any decision to sell their lands. There may be other options, such as a souvenir conveyance or partition, that would accomplish the same goals, but in a mode that allows the landowner or his or her family to proceed control of the avails.

Steps in the Procedure
Most trust state sold on the reservation is purchased by the tribe. According to federal regulations, the tribe has start right of refusal for all trust land sales. If a landowner wants to sell to someone other than the tribe, he or she may accept to provide prove to the BIA or tribal realty section that an attempt to sell to the tribe first has been made but the tribe did not want to buy the state. The seller will besides have to learn consent of a majority of the co-buying in the resource allotment in order to sell his or her interests to someone who is not already a co-owner

Afterward the Application for the Sale of Indian Land and supporting documents (such equally the Individual Trust Interest Report (ITI), survey and plat map and Cobell Discover and Waiver and Confirmation of Consultation) are submitted to either the tribal land role or BIA realty office, a request for appraisal will be submitted. Once the appraisal is completed, it will be sent to the landowner with a copy of the human activity for auction. The landowner tin can either accept the appraised value for the state or endeavor to negotiate for more. The BIA is obligated to support the landowner in these negotiations, regardless of the asking price. If a satisfactory deal cannot be reached between both parties, the landowner can cull to non sell the land at that signal. The state is non sold until the deed is signed. If a deal is reached, the human activity will be signed by both parties and the coin for the auction will exist dispersed to the landowner's IIM business relationship.

Length of Fourth dimension
1 source reported that a land sale process in the Swell Plains Region takes anywhere from one to three months, depending on the complication of the auction and how many owners are involved. A source from the Midwest Region claimed that vi to eight months would exist possible, just considered very fast. This source pointed out that changes to the arrangement resulting from the Cobell lawsuit may improve transparency but have decreased efficiency. Some processes now take quite a bit longer.

Click hereto access the certificate.

Land Commutation and Consolidation

Land exchanges are one of the most of import tools that individuals have in overcoming the challenges of fractionated buying. A land exchange allows landowners to consolidate their multiple undivided interests so that they can either gain a larger share of an allotment or an entire tract of land. The more involvement a landowner has in a tract of land, the more than control he or she has over country use decisions, such equally building a home, farming, leasing or starting a business concern. An Application for Substitution of Indian Landunremarkably has to be approved by both the BIA and the tribal government and is subject area to the terms in the Code of Federal Regulations,25 CFR 151.7 and151.10. Tribal regulations on exchangeable and non-exchangeable state may vary from reservation to reservation. As such, the form for land exchanges volition also vary somewhat, depending upon each tribe'southward land utilize priorities and plans. Information technology should besides be noted that land exchanges may not be possible on all reservations.

Steps in the Process
Landowners interested in applying for a country exchange should first obtain and read a copy of their ITI Report to determine the lands available to be exchanged. The next step is to visit either the tribal country office or BIA realty office to find out what lands tin can be acquired in the substitution. Not all tribal state is bachelor for exchange. Some of the lands that are mostly not available include:

• Areas around towns
• Park and recreation areas
• Commercial and industrial areas
• Historical and religious sites
• Archaeological sites
• Potential tourist attraction sites
• Timber reserve lands
• Large consolidated tracts

Landowners who are exchanging for land in an allotment where they are not already a co-possessor will demand to larn the consent of all of the owners in the allotment. (The BIA tin provide names and contact information for all of the owners.) When contacting the other owners, information technology is of import to make them enlightened that if their undivided interest is not function of the commutation, the size of their interest and the income they receive will non be affected by the substitution. Ultimately, this is a good deal for anybody because the fewer owners there are, the easier it is to do anything with the land.

In one case all of the signatures are collected (unless the exchange is for tribal land or land where the landowner is already a co-possessor) the application is submitted to the tribal state role or BIA realty office. They volition submit the application to the BIA area office, along with a Title Status Written report (TSR) and other documentation, and request an appraisal to make up one's mind the value of the properties. It should exist noted that fifty-fifty if equal amounts of land are being exchanged (i.e. 1/16 for i/xvi) they may not be equal in value. Occasionally, landowners volition accept to pay some amount of money (in greenbacks) to make up the divergence. If the application is canonical, the BIA realty office will brand the necessary changes to the country buying files. These changes will appear on the landowners buying documents such as the ITI Study and theIIM Argument of Account.

Length of Time
Because of the multiple levels of approval and processing, land exchanges can take a long time to consummate. For instance, according to a recent study, the average time required to complete a land exchange on the Pine Ridge Indian Reservation is 4.5 years.

Click Hereto admission the document.

Leasing Indian State

With very few exceptions, an Awarding to Lease Indian Trust Land (residential, business, agronomical, mineral and gas) must be approved past the secretary of the interior. Even tribes that take compacted to provide their own realty services must follow federal regulations and ultimately have all leases go through the BIA for approval. Stipulations established in the Indian Land Consolidation Act (ILCA) of 1983 and the American Indian Probate Reform Act (AIPRA) of 2004 also require written consent from a majority of the undivided interest holders in an resource allotment for a charter to exist approved (run across "Landowner Consent Requirements" below).

According to federal regulations, in order to learn majority consent for a lease, the secretary can provide consent on behalf of some groups of landowners, such equally minors, those whose whereabouts are unknown, and sure heirs of an manor. As a issue, some leasing decisions are made without the knowledge and full consent of all landowners.

Steps in the Process
Whether it is an Indian or non-Indian person seeking to charter Indian trust country, the process is the same. An application to lease must be submitted to the appropriate BIA realty office, including the required landowner consent. Upon written request, the BIA will provide the lessee (the person seeking to lease the land) with a listing of the landowners' names and addresses to learn necessary consent.

When a lease is about to expire-about 13 months before the lease ends-the BIA sends landowners a notice explaining what they need to do to lease their country along with an appraised value for the state. Landowners accept 90 days to negotiate a new charter on their own. If they neglect to do so, the land volition remain in the federal leasing system and the bidding process will brainstorm automatically. "Bid sheets" listing Indian lands available to be leased will be posted in newspapers, postal service offices, and other public places. In order to bid on country, potential lessees must submit a sealed (not public) bid to the BIA. The highest bids are selected and the lease agreement is drafted.

After the lessee signs the charter, it is sent to tribal realty or the agency for approval. The superintendent approves the lease, and and then it is sent to the Land Titles and Records Role for recording. Landowners are sent a copy of the lease in one case the process is completed. Once a charter is approved, lease payments are submitted to the BIA, processed by OST, and deposited into IIM accounts for disbursement to individual landowners and tribes. These payments will be shown on the IIM Statement of Account.

What to Look
Lease agreements are normally negotiated past the BIA on behalf of the landowners, but landowners can and should have a say in the terms of the lease agreement, including the type of utilize, the length of the lease, and the amount to be paid. When landowners receive letters requesting consent to charter their lands, they should read these advisedly and ask questions earlier signing anything. Local landowner associations or tribal land offices tin can be a good resource for information on leasing. In improver, the IIM Argument of Account and Listing of Real Property Assets both listing detailed information almost whatsoever leases held on a trust business relationship holder's lands, including when those leases expire. This is a good place to start for individuals who would like to learn more than about how their lands are currently being managed and would like to accept a more than proactive role in futurity charter negotiations.

It should be noted that an Indian landowner who owns fractional interests in trust belongings must also obtain permission for a lease for any specified use of the land from a majority of the total landownership. Every bit with any other lessee, the Indian interest holder must pay his or her co-owners at least fair marketplace value for this utilise, unless the other owners have waived their correct to receive rental income. Waiving the right to receive rental income is relatively common among families where there are only a few owners in the allotment.

Length of Time
Once a completed awarding has been submitted, it could take anywhere from a few months to more than a year for a lease to be approved.

Landowner Consent Requirements
A new lease or permit requires consent from a bulk of interest holders for it to exist approved by the BIA. The specific consent requirements, as amended by AIPRA in 2004, are as follows:

• xc percent of the ownership, if at that place are five or fewer owners
• lxxx pct of the ownership, if at that place are between six and ten owners
• 60 pct of the buying, if in that location are between eleven and xix owners
• a simple bulk (more than 50 per centum of the buying), if there are twenty or more than owners

Tribal consent is not required for the BIA to approve a lease on trust land where the tribe owns a minority interest and minimum consent has been obtained.

Click hereto access the document.

Correct of Style

Rights of manner are agreements allowing ane person or entity to cross property that is endemic by some other political party. Examples of rights of way include public and private roads, pipelines, power lines and railroad tracks. Ever since the Full general Allocation Act of 1887, which transferred the championship and oversight of all reservation land to the federal government, thousands of rights of fashion have been granted across Indian state. The permissions granted by rights of way vary quite a bit, ranging from perpetual easements for transportation or communication routes to brusque-duration rights of way for construction or servicing of sites. Some rights of way affect ane allocation or parcel of tribal land while others cantankerous hundreds of allotments and involve thousands of individual Indian trust land owners, including the tribes.

Steps in the Procedure
Individuals or companies requesting a right of way beyond Indian land must comply with all federal regulations and procedures as detailed in Code of Federal Regulations25 CFR 169(click here for total document). This is a very complex procedure requiring extensive documentation and reporting. In the end, the tribe and Indian landowners must sign a Consent of Landowners to Grant Right of Mode earlier any right of fashion across Indian country can exist granted. Landowners will be notified of any right of way requests. Initial notification will seek a landowner's permission to enter the land for survey and mapping purposes.

An appraisal of the land will besides exist requested. In most cases, the appraisal is paid for past the party seeking the right of way. It provides an opinion of the state's value and information technology is used to negotiate the terms and conditions of the right of way, including "just bounty" to the property owner. Simply compensation is measured as the difference between the value of the unabridged property before the taking and the value of the remainder later the taking. Severance amercement may also figure into the calculation if there is a decrease in the value of the remainder related to the activities. Landowners are encouraged to back-trail the appraiser during the inspection of the property. If a landowner or tribe does not concur with the appraisement's findings, another appraisement can be requested, simply it would be up to the property possessor to pay for whatsoever boosted appraisals.

Earlier approving a right of way, tribes and landowners should extensively research existing rights of way across their lands as well as the company or entity seeking the right of manner. During the negotiation process, landowners should clearly communicate their bottom line financially and in caring for country. Tribal governments should analyze policy considerations such as those regarding taxation, ecology and other country regulations and restrictions, and community needs regarding the utility.

Note: For more detailed information on how to assess, negotiate and manage a right of style across Indian land, see Message Runner, Vol. three.

• Compile a listing of all right of fashion documentation related to their lands.
• Obtain copies of current rates and agreements that take already been negotiated on the right of way with the tribe and other trust land owners.
• Be aware of the availability of third political party condemnation for individual Indian-owned country.
• Assemble information and data on the acquiring party. What exercise they want? How far will they be willing to go for the right of fashion?
• Share all information collected with other undivided involvement holders of the state.
• Create a journal of every communication, writing down to whom they spoke, the subject of the discussion, and when the discussion took identify. Whenever possible, they should include a third party in the discussions and record that person's proper noun as well.

Constitute a Time Limit in the Terms
When granting a right of way, tribes and landowners should insist on setting a time limit as role of the terms. According to the federal laws governing rights of way, unless a time limit is part of the governing document, the right of style will be granted perpetually by default.

Click here to admission the document.

Trust-to-Fee Transfer

Trust-to-fee transfers, likewise known as fee patents or patents-in-fee, have a long and sometimes painful history among many Indian people and tribes. In 1906, the Burke Act was passed, which authorized the secretary of the interior to decide whether an Indian person was "competent" to manage his or her lands. If he or she was deemed "competent," the secretary could take the state out of trust in a "forced fee patent" making the land taxable and available to exist sold. The secretary of the interior was authorized to do this with or without the knowledge and/or against the wishes of the allottee. Thus, some Indian people during the early 20th century, including many Indian soldiers away fighting in WWI, ended upwardly having their country sold in tax foreclosure auctions because they owed taxes on land they idea was still in trust.

More recently, some Indian landowners accept had concerns that they would not be able to pass their trust land on to a not-Indian spouse or child who does not have the degree of blood quantum required by the tribe for enrollment. In some cases, these landowners have chosen to transfer their trust lands to fee status so they could safely keep their lands in their family. Withal, there are other options-such every bit writing a volition that includes a life estate for family unit members.

Steps in the Process
The Application for Patent-in-Feewas terminal updated in 1955-over half-a-century ago-though it is nonetheless the standard form used past the BIA to process a trust-to-fee transfer. Similar most of the other BIA forms in this publication, it includes the usual invasive questions virtually marital status, income and use or proposed employ of the land. Compared to the amount of information and documentation required to put land dorsum into trust (in a fee-to-trust transfer), transferring land from trust-to-fee is relatively elementary and fast.

Length of Fourth dimension
While in that location was a time when a trust-to-fee transfer could take as lilliputian equally three weeks, these days information technology more often than not takes somewhere between three to six months, largely due to the appraisal required. Congressional approval is required to dispose of tribal land, though it's rare for a tribe to transfer land from trust to fee condition.

What Happens When Indian Land Goes out of Trust?

• The country becomes taxable.
• The state can easily be sold or transferred to a non-Indian.
• Checkerboarding on the reservation increases.
• The tribe loses jurisdiction over the land, diminishing tribal control and sovereignty.
• In nearly instances, the land becomes subjected to county zoning and land use codes.
• Federal programs for trust lands are no longer accessible.
• It's very hard to return the country to trust status again in the future.

Click hereto admission the document.

Fee-to-Trust Transfer

Having fee simple lands transferred into federal trust status is a powerful tool for making reservations whole and protecting Indian lands for future generations. When fee lands are returned to trust, Indian nations and people begin to eliminate the checkerboard pattern of trust and fee lands and regain control of lands on the reservation.

Trust lands are protected from auction or default to non- Indians, are costless from county taxation and are inside tribal jurisdiction. Having lands in trust status also allows private Indian landowners and tribes to take advantage of federal programs restricted to trust lands, such equally opportunities for business concern evolution, housing, environmental and cultural protection.

Steps in the Process
Before submitting the Awarding for Trust Conquering of Fee Countrythe tribe or landowner should have time to gather all of the required information and discuss the application with the BIA realty or tribal land office staff. It is of import to make certain that the initial awarding is completed carefully, with special attending paid to the criteria required for the secretary of the interior to authorize a request equally identified in25 CFR 151.10. Getting advice from other tribes or individuals who take been successful with fee-to-trust applications is too a good thought. When the application is submitted to the BIA, the tribe or landowner should have a re-create fabricated that is dated, stamped and initialed by the realty staff. The realty staff will review the application so submit information technology to the superintendent with a recommendation. At this point, applicants should request a copy of the recommendation and make sure everything in the application is still accurate.

Upon receipt of the awarding, the superintendent volition notify the state and local governments who have regulatory jurisdiction over the land to be acquired. These entities have 30 days to provide written comments equally to the conquering'south potential impacts on regulatory jurisdiction, real holding taxes and special assessments. The applicant is provided with a copy of these written comments and is given a "reasonable time" in which to reply and/or asking that the secretary upshot a determination. If everything goes smoothly, the land will exist put into trust at this point. Notwithstanding, if the state protests, the application can get first to the Interior Board of Indian Appeals (IBIA) and ultimately end up in federal courtroom.

It is important to note that once the initial awarding has been submitted, applicants need to stay on top of the awarding's whereabouts and status by making regular phone calls to the realty office to cheque in. As a full general dominion, ane week that someone is not contacted regarding the application is equal to 1 actress month added on to the overall time to procedure the application.

What to Expect
Local and canton governments volition sometimes challenge fee-to-trust transfers because it could outcome in loss of tax acquirement and jurisdiction. In some cases, Indian nations have to be prepared to educate neighboring communities nigh the importance and benefits of restoring Indian lands to Indian command and trust status. Some of the benefits include: economic development and jobs, new community amenities, and natural or cultural resources protection.

Individuals seeking to have fee lands transferred to trust status tin can also encounter resistance either from the tribe, the BIA or other entities. In general, the BIA gives priority to tribal over individual fee-to-trust transfers. Attitudes toward individual fee-to-trust transfers tin can vary dramatically from one region or bureau to the next, and, these attitudes can influence the procedure itself. Landowners should fully understand their rights and responsibilities regarding fee-to-trust transfers and be prepared to advocate for their position every step of the way.

Length of Time
Generally, the fee-to-trust procedure takes anywhere from 12 to 18 months. Occasionally a transfer will take less time, eight or 9 months, simply this is rare, and is usually due to extreme persistence on the part of the tribe or private landowner who has submitted the request. A asking may as well take much longer if the case is complicated by whatsoever number of factors. Diligence and persistent follow-up are important.

Click here to access the certificate.

Writing a Will

When Indian lands were allotted and the federal trust was established in the late 1800s, it's non surprising that very few Indian people considered writing a will to protect their lands and avails when they passed on. The land probate laws determining trust land inheritance divided upwardly land ownership amongst all of the original allottee's heirs into undivided interests. With each passing generation, the undivided interests connected to be passed downward to all heirs and the number of owners grew, and continues to grow exponentially, resulting in the highly fractionated ownership of much of Indian land today. Many state probate laws passed buying to the surviving spouse, even if he or she was non-Indian. Considering a non-Indian cannot concord trust land, this land lost its trust condition, causing more land to go out of Indian command.

In 2004, the American Indian Probate Reform Deed established a uniform federal probate code which applies to nearly all allotted reservations in the U.Due south. Information technology includes provisions meant to decrease fractionation past setting limits on who can inherit Indian trust land and allowing for the auction of small interests at probate. Unfortunately, those provisions allow the federal government, rather than the landowner, to make decisions about the distribution of land and assets once the landowner is deceased. AIPRA automatically applies to all Indian probates of trust land in the U.S. unless at that place is a tribal probate code in place or the landowner has a valid will.

Fundamental Provisions of AIPRA

• Does non utilise if there is a tribal probate lawmaking in place or the decedent has a will. Otherwise, applies to all trust land and assets.
• Applies to those who died on or later June 20, 2006.
• Allows simply an "Indian" person to inherit or purchase trust country at probate. This includes: eligible heirs who meet AIPRA's definition of "Indian," a co-possessor in the allotment, the tribe, and not Indian children of lineal descent within two generations of the decedent.
• If the interests are five percent or greater:
  • Spouse, Indian or non-Indian, receives a life manor, merely does not inherit the interests.
  • The interests pass every bit first to eligible children, then grandchildren (if no children), then great-grandchildren (if no grandchildren, etc.), then surviving parents, then siblings, and then the tribe, and so co-owners, and so to the secretary of the interior for sale.
• If the interests are less than v percentage:
  • Spouse, Indian or non-Indian, receives a life manor only if he or she is living on the parcel at the fourth dimension of the decedent'south death.
  • The interests pass directly to the oldest eligible living child, grandchild or great-grandchild. This is known as the "single heir rule."
  • If none of the above heirs exist, the interests pass to the tribe, then co-owners, then to the secretary of the interior for sale.
• Purchases at probate of interests less than v pct can occur without the consent of a surviving spouse and heirs.
  • Amendments to the police state that just the tribe or secretarial assistant can purchase interests without consent.
  • Purchases at probate of interests greater than five percent require the consent of the surviving spouse and heirs.
• With a will a landowner tin can:
  • Permit an Indian spouse to inherit trust country.
  • Transfer trust state to some individuals that are not considered eligible under AIPRA.
  • Cull to leave someone out of the volition.
  • Actively protect trust state from farther fractionation by leaving all of the interests in an allotment to one person.
  • Cull a life manor or joint tenancy with correct of survivorship so that all family unit members tin benefit from the land during their lifetimes.
  • Clarify wishes in regard to non-trust state and other personal property.
  • Brand the probate process much easier for living family unit members.

Landowners should prepare their wills with the help of an chaser who is familiar with AIPRA and with the probate and transference of Indian trust lands and assets. At that place are legal service agencies throughout Indian Country who specialize in writing wills for Indian people. Nigh of these organizations can provide will writing services at a very low cost or sometimes gratuitous.

The chaser that helps fix the volition tin can provide a more detailed checklist of information needed and things to consider when writing a will. Some of the data requested volition likely include:

• Names and addresses of family members or other individuals to whom the holding will be left.
• List of personal holding to be left and to whom.
• Private Trust Interest Written report.
• Individual Indian Monies Argument of Account.
• Deeds for fee state (if any).
• Mortgage and title documents for habitation and other property (if any).

In order to write a valid will, an individual must be at least 18 years of age and fully competent to manage his or her own affairs. The will must be signed by the person who is writing information technology and two witnesses who are not receiving annihilation from the volition. Sometimes people will have a notary sign also. An affidavit signed by the witnesses volition too accompany the will. This document is to ensure that the legitimacy of the witness signatures is not questioned at probate if they are non able to nourish. The sooner a will is prepared the amend. Once a will is in place, information technology tin always be legally amended or a new will tin be written. It's a proficient thought to review a will later on major events such equally a nascence, death or marriage that may affect the will.

Additional Resource:
American Indian Probate Reform Act, 2004
American Indian Probate Reform Act, 2007 (Technical Amendments)
Agreement the American Indian Probate Reform Act (DOI)
A Quick Guide to AIPRA (NCAI)
Agreement AIPRA for Landowners (Found)
What Is the American Indian Probate Reform Deed?(California Indian Legal Services)
Events Leading to AIPRA (John Sledd)
Passing Title to Tribal State and Federal
Indian Manor Planning (Legal Services of Northward Dakota)
Estate Planning Options (Constitute)
Oft Asked Questions Regarding Indian Wills (DOI)
Sample Personal Property Written List

Souvenir Act

Gift deeds are one of the quickest and most simple tools available to Indian trust landowners to consolidate their lands and prevent further fractionation of their interests. (Land sales and exchanges, discussed in the previous section, are also good ways to consolidate and protect Indian trust lands.) Different writing a volition, an attorney is not required to process the Application for Souvenir Deed of Indian Land, making it a viable selection for those who do not have immediate admission to legal services. It should be noted, even so, that a will is always the best fashion to make sure land and assets are distributed in the manner that the individual chooses.

A gift deed (sometimes chosen a gift conveyance) provides a style for transferring land betwixt private Indians or betwixt private Indians and the tribe. This can be done through:

• A gift deed, which transfers the title of property during the lifetime of the donor, or;
• Through a souvenir conveyance with life estates retained, which ways that the grantor tin maintain land apply, benefits and income from all or a portion the land until they die.

A gift deed or gift conveyance with life estates keeps lands from being farther divided, keeps lands out of the probate procedure, and allows the landowner to make certain that the state will be passed on without having to specifically include it in a will. Currently regulations do permit for gift deeding trust lands to a not- Indian. Yet, the trust status of the country cannot be terminated for a menstruation of 5 years later the secretary of the interior approves the conveyance.

Steps in the Process
When a souvenir act application is beginning submitted, either to the tribal or BIA realty office, information technology must be signed by the grantor in front of a witness and/or notary and include the Cobell Notice and Waiver and Confirmation of Consultation (which are besides required for a state sale). Supporting documents, such as legal country description, survey or plat map, Title Status Report (TSR), Individual Trust Involvement Written report (ITI), and an appraisement, are also required to process the awarding. Information technology should too exist noted that, as in a country sale, majority consent is required from the co-owners of the allotment to gift deed 1's shares to someone who is non a co-owner.

Once the application is complete, including the supporting documents, a deed showing the transfer of ownership is prepared and the awarding is sent to the BIA superintendent for approval. If approved, the application is then routed to the State Titles and Records Office for recording.

Length of Time
Similar to a land sale, the gift act process can take anywhere from one to eight months or more, depending on the complexity of the awarding and procedural differences that vary from region to region.

Click hereto access the document.

INDIAN LANDS IN INDIAN Easily

morrisonconage.blogspot.com

Source: https://iltf.org/resources/red-tape/

Share this post