[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: 25CFR151.5]

[Page 425]
 
                            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 A--Purpose, Definitions, General
 
Sec. 151.5  How does BIA process the request?

    (a) After we receive the request, we will notify the State, county, 
and municipal governments having regulatory jurisdiction over the land. 
We will send all notices under this section by certified mail, return 
receipt requested. The notice will contain the information described in 
paragraph (a)(1) or (a)(2) of this section, as appropriate.
    (1) If the request is for on-reservation lands or lands inside an 
approved TLAA, the notice we send under this section will:
    (i) Include the name of the applicant;
    (ii) Describe the lands proposed to be taken in trust;
    (iii) State the proposed use of the land; and
    (iv) Invite the State and local governments from the State in which 
the land is located to comment in writing within 30 days from date of 
receipt of the notice on the proposed acquisition.
    (2) If the request is for land outside a reservation and outside a 
TLAA, the notice we send under this section will:
    (i) Include the name of the applicant;
    (ii) Describe the lands proposed to be taken in trust;
    (iii) Describe the proposed use of the land; and
    (iv) Invite the State and local governments from the State in which 
the land is located to comment in writing within 60 days from the date 
of receipt of notice on the acquisition's potential effects on the State 
and local governments, including on their regulatory jurisdiction, real 
property taxes, and special assessments.
    (b) After the comment period has ended, we will send to the 
applicant copies of any comments made by State and local governments on 
the applicant's request. We will give the applicant a reasonable time in 
which to reply to the comments.
    (c) Subject to restrictions on disclosure required by the Freedom of 
Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), and the 
Trade Secrets Act (18 U.S.C. 1905) the request will be available for 
review at the local BIA agency or area office having administrative 
jurisdiction over the land.
    (d) We will consider all the documentation that the applicant 
submits.
    (e) A complete application consists of the following:
    (1) The applicant's request that the land be taken into trust, as 
follows:
    (i) If the applicant is an Indian tribe, the written request must be 
a properly prepared and executed tribal resolution requesting trust 
status, or
    (ii) If the applicant is an individual Indian, the written request 
must be a signed letter requesting trust status.
    (2) Documentation that the applicant has addressed all the 
applicable information requirements in this section;
    (3) A map depicting the location of the land to be acquired, and 
either:
    (i) A legal description of the land, including a statement of the 
estate being acquired, e.g. all surface and mineral rights, surface 
rights only, surface rights and a portion of the mineral rights, etc., 
or
    (ii) A survey if the land cannot be described by an aliquot legal 
description. The survey must be completed by a land surveyor registered 
in the State in which the land is located when the land being acquired 
is fee simple land,
    (4) Hazardous level I survey,
    (5) Environmental documentation,
    (6) Title evidence,
    (7) Impact notification letters, including all associated responses,
    (8) Statement from the applicant that any existing rights of way, 
easements or encumbrances will not interfere with applicant's intended 
use of the land, and
    (9) Any additional information we have requested, in writing, if 
warranted by the specific application.
    (f) After BIA is in possession of a complete application, we will:
    (1) Notify the applicant, in writing, that the application is 
complete,
    (2) Issue a decision on an application within 120 working days after 
issuance of the notice of a complete application.

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