[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. [[Page 426]]