§ 151.3 - What is the Secretary's land acquisition policy?

§ 151.3 Land acquisition policy.What is the Secretary's land acquisition policy?

(a) It is the Secretary's policy to acquire land in trust status through direct acquisition or transfer for individual Indians and Tribes to strengthen self-determination and sovereignty, ensure that every Tribe has protected homelands where its citizens can maintain their Tribal existence and way of life, and consolidate land ownership to strengthen Tribal governance over reservation lands and reduce checkerboarding. The Secretary retains discretion whether to acquire land in trust status where discretion is granted under Federal law. Land not held in trust or restricted status may only be acquired for an individual Indian or a

tribe

Tribe in trust status when

such

the acquisition is authorized by

an act of Congress

Federal law. No acquisition of land in trust status under these regulations, including a transfer of land already held in trust or restricted status, shall be valid unless the acquisition is approved by the Secretary.

(

a

b) Subject to the provisions

contained in the acts of Congress which authorize

of Federal law authorizing trust land acquisitions,

land may be acquired

the Secretary may acquire land for a

tribe

Tribe in trust status:

(1) When the

property

land is located within the exterior boundaries of the

tribe

Tribe's reservation or

adjacent thereto, or within a tribal consolidation area; or

contiguous thereto;

(2) When the

tribe

Tribe already owns an interest in the land; or

(3) When the Secretary determines that the acquisition of the land

is necessary to facilitate tribal

will further Tribal interests by establishing a Tribal land base or protecting Tribal homelands, protecting sacred sites or cultural resources and practices, establishing or maintaining conservation or environmental mitigation areas, consolidating land ownership, reducing checkerboarding, acquiring land lost through allotment, protecting treaty or subsistence rights, or facilitating Tribal self-determination, economic development,

or

Indian housing, or for other reasons the Secretary determines will support Tribal welfare.

(

b

c) Subject to the provisions contained in

the acts of Congress

Federal law which authorize land acquisitions or holding land in trust or restricted status,

land may be acquired

the Secretary may acquire land in trust status for an individual Indian

in trust status

:

(1) When the land is located within the exterior boundaries of an Indian reservation, or

adjacent

contiguous thereto; or

(2) When the land is already in trust or restricted status.