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NIGA: Revised Fee into Trust Consultation Schedule

As we reported in Decmber, the Interior Department (DOI) outlined significant revisions to its land acquisition regulations, 25 C.F.R. Part 151 (Proposed Draft). After numerous Tribal Leader complaints about the short schedule, DOI issued a revised consultation schedule. Despite adding some time to review and develop comments on the proposed regulation, the consultation schedule falls short of the needs of Indian Country.  At present there are six consultations scheduled.

Tuesday, January 16, 2018

Sacramento Convention Center Complex

Sacramento, CA


Thursday, January 18, 2018

Mystic Lake Casino Hotel

Prior Lake, MN


Tuesday, January 23, 2018

Foxwwods Casino Resort

Mashantucket, CT


Thursday, January 25, 2018

Doubletree by Hilton

Portland, OR


Tuesday, February 20, 2018

Heard Museum,

Phoenix AZ


Thursday, February 22, 2018

Miccosukee Resort & Casino

Miami, FL


This proposed schedule again leaves little time for meaningful tribal government input. More egregiously, it leaves wide areas of Indian Country unrepresented, particularly those areas with large tracts of tribal lands, such as the Great Plains, Rocky Mountains and Southwest.   A copy of the "Dear Tribal Leader" letter announcing the schedule and procedures for registering to attend is available at:

If adopted as proposed, the substantial revisions to the Fee to Trust regulation would:


  Significantly increase the factors to be considered in relation to off-reservation applications.  


  Bifurcates acquisitions into two categories, one gaming and the other non-gaming, 


  Incorporate considerations now limited only to off-reservation gaming application into off-reservation   

  applications for any purpose.


  Alter the trust application process for all off-reservation acquisitions


  Create two points of rejection.


  Establish another factor for comment by state and local governments: potential conflicts of land use.  


  Reinstitute the 30-day waiting period between the final agency decision AND


 A copy of the Proposed Rule is available at the following link: 

Attached you will find a side by side comparison of the existing regulation and  the proposed regulation. We encourage you to submit written comments on the Proposed Rule, which will fundmentally change the Fee to Trust process and limit tribes' ability to take land into trust, to rebuild our tribal homelands. We will be developing model comments and will share those with you soon.




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