[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: 25CFR151.6]

[Page 426]
 
                            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. 151.6  How does BIA proceed after making a decision on a request?

    (a) Within 120 days of our having a complete application package, we 
will send the applicant a certified letter describing our decision to 
accept or deny a request. We will also send a copy of the decision 
letter to everyone (including State and local governments) who sent us 
written comments on the request. The notice to interested parties will 
explain that they have a right to appeal our decision under part 2 of 
this title.
    (b) If our decision is to deny the request, we will take no further 
action.
    (c) If our decision is to approve the request, after the exhaustion 
of administrative remedies, we will:
    (1) Complete a preliminary title examination. For both discretionary 
and mandatory acquisitions, after we examine the title evidence, we will 
notify the applicant of any liens, encumbrances, or infirmities. If the 
liens, encumbrances, or infirmities make title to the land unmarketable, 
we will require the applicant to eliminate the liens, encumbrances, or 
infirmities before we act on the application.
    (2) Publish in the Federal Register, or in a newspaper of general 
circulation serving the affected area, a notice of the decision to take 
land into trust under this part. The notice will state that we have made 
a final decision to take land in trust and that we will accept title in 
the name of the United States no sooner than 30 days after the notice is 
published;
    (3) Respond to any judicial appeals that may be filed; and
    (4) After sufficient opportunity for judicial relief has been 
provided, accept trust title to the land by issuing or approving an 
appropriate instrument of conveyance. If we determine to accept trust 
title to land in a case before all judicial remedies have been 
exhausted, we will give the party/parties opposing the acquisition at 
least five days notice before we take any action.