[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR151.12]

[Page 428-430]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 151--ACQUISITION OF TITLE TO LAND IN TRUST--Table of Contents
 
     Subpart C--Discretionary Acquisitions of Title Off-Reservation
 
Sec. 151.12  What information must be provided in a request involving land outside a reservation or outside a Tribal Land Acquisition Area?


    A request from an individual Indian or a tribe asking that the 
United States accept title to land outside a reservation boundary and 
outside an approved TLAA, must include:
    (a) A complete description, or a copy of, the statutory authority 
that authorizes the United States to accept land in trust and any 
limitations contained in the authority;
    (b) An explanation of the need of the individual Indian or tribe for 
land in trust and how the land will be used. This explanation is a 
crucial factor in determining if the request should be approved. The 
request must explain:
    (1) Why the present land base is not appropriate or adequate for the 
activity contemplated in the request;
    (2) Why the applicant needs the land to be in trust for the proposed 
use; and
    (3) How trust status will benefit the applicant's economic and/or 
social conditions.
    (c) A description of how the applicant will use the land. This 
description must include an explanation of:
    (1) The past uses of the land;
    (2) The present use of the land;
    (3) The anticipated future uses of the land;
    (4) The cultural or historical interest in the land;
    (5) The objectives that the individual Indian or tribe hopes to 
attain; and
    (6) If the acquisition is for housing:
    (i) The projected number of units to be built; and
    (ii) The number of members who will benefit.
    (7) If the applicant is acquiring the land for business purposes, 
the tribe must provide a business plan that specifies the anticipated 
economic benefits of the proposed use.
    (d) As complete a description as is possible of the following:
    (1) The location of the land relative to State boundaries;
    (2) The distance of the land from the boundaries of the tribe's 
reservation;
    (3) The distance of the land from the Bureau's nearest agency or 
area office;
    (4) The location of roads and rights-of-way that provide access to 
the land; and
    (5) The location of land in relation to the tribe's other trust 
lands.
    (e) A description of the effect on the State and its political 
subdivisions of removing the land from tax rolls. Describe any measures 
the applicant will take to reduce these effects. The description of 
effects must include an explanation of:
    (1) The amount of annual taxes currently assessed by the local 
government(s);

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    (2) The amount of annual revenue lost from special assessments to 
the local government(s), if any;
    (3) The amount of annual revenue lost from mineral receipts to the 
local government(s), if any; and
    (4) The local government's ability to provide public safety services 
for the land.
    (f) A description of any jurisdictional and land use infrastructure 
issues that might arise. The description must address each of the 
following issues.
    (1) Zoning, including:
    (i) The current zoning of the land;
    (ii) Any proposed use conflicts with current zoning; and
    (iii) Any tribal zoning ordinances.
    (2) Law enforcement and cross-deputizing, including:
    (i) Who currently provides law enforcement services for the land;
    (ii) If the applicant is a tribe, whether the tribe already has its 
own law enforcement;
    (iii) Who will supply law enforcement if the land is approved for 
trust status; and
    (iv) Any additional resources required to provide adequate law 
enforcement and how they will be funded.
    (3) Safety factors, including:
    (i) Who supplies fire protection service for the land;
    (ii) Who supplies emergency medical service for the land; and
    (iii) Whether the land is in a flood area or flood control area.
    (4) Traffic, roads, and streets, including:
    (i) A description of existing access to the land;
    (ii) Description and quantification of increased traffic in the area 
anticipated from the proposed use; and
    (iii) A description of whether existing roads and streets are 
adequate to handle any anticipated increase in traffic caused by the 
proposed use.
    (5) Sanitation, including whether:
    (i) The land is served by a city sewage system;
    (ii) The land is served by an some other type of sewage system that 
is adequate to meet applicable standards;
    (iii) Trash pickup service or another method of trash disposal is 
available for the land;
    (iv) The city or another facility supplies services to the land;
    (v) There is an adequate water supply for the proposed use and any 
future anticipated uses; and
    (vi) Whether the applicant tribe has water rights to the available 
water supply.
    (6) Utilities, including:
    (i) Whether a city or a rural electric company supplies electricity 
to the land; and
    (ii) The source of heating for any structures located on or to be 
located on the land, such as: natural gas, propane, oil, coal, wood, 
electric, or solar.
    (7) Whether there are any cooperative agreements or voluntary 
actions intended to address jurisdictional and land use conflicts.
    (8) Whether the applicant has made any provisions to compensate the 
State or local governments for revenue lost because of the removal of 
the land from the tax rolls. (Include any increases in Title IX funding 
from the Indian Education Act or Impact Aid funding.)
    (g) Whether there is title evidence that meets the Standards for the 
Preparation of Title Evidence in Land Acquisitions by the United States, 
issued by the U.S. Department of Justice. The evidence will be examined 
to determine if the applicant has marketable title. Copies of the 
standards are available from the U.S. Department of Justice, 
Environmental and Natural Resources Division, Land Acquisition Section, 
Room 6136, 601 Pennsylvania Avenue NW., Washington, DC 20004.
    (h) The documentation that we need to comply with 516 DM 6, Appendix 
4, National Environmental Policy Act (NEPA) Revised Implementing 
Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances 
Determinations. (For copies of these directives, write to the Department 
of Interior, Bureau of Indian Affairs, 1849 C Street, NW., Mail Stop: 
4513-MIB, Washington, DC 20240). Include a record of consultation with 
appropriate authorities regarding environmental, endangered species, 
water quality, fish and wildlife, wetlands, transportation, air quality, 
cultural, historical value, hazardous waste, and toxic material issues.
    (i) If the request is for an individual Indian, documentation 
demonstrating

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that the applicant's request meets one of the criteria described in 
Sec. 151.13.