M Indian Tribal Land and Natural Resources

 

 

Revised 04/26/2022

Policy

The following Tribal land and natural resources are excluded:

·        Property located on within the bounds of a tribal nation,

·        Property held in trust,

·        Property subject to Federal restrictions,

·        Property under the supervision of the Secretary of the Interior.

·        Indian allotments on or near the bounds of a tribal nation as designated and approved by the Bureau of Indian Affairs (BIA) of the Department of the Interior

·        Ownership interests in rents, leases, royalties, or use of natural resources related to federally protected rights. This includes extracting natural resources or harvesting timber, plants and plant products, animals, fish, and shellfish.

·        Ownership interests in or rights to use items that have unique religious, spiritual, traditional, or cultural significance, or rights that support subsistence or a traditional lifestyle according to Tribal law or custom.

 

Definitions

Term

Definition

Fishing Rights

Rights to harvest fish or shellfish from designated fishing grounds.

Grazing Rights

Ownership interests in and usage rights to land used under agreements between Tribal officials or individual members and livestock owners for grazing.

Indian Tribal Land

Restricted allotted land owned by an enrolled member of an Indian tribe.

Mineral or Oil Rights

Ownership interest in natural resources such as coal, oil, or natural gas extracted from the ground.

Within the bounds of Tribal Nation

Any federally recognized Indian Tribe’s reservation, pueblo, or colony.  This includes:

·         Former reservations in Oklahoma, Alaska Native regions established by the Alaska Native Claims Settlement Act and Indian allotments on or near a reservation as designated and approved by the BIA; and

·         For other federally recognized Tribes, property located within the most recent boundaries of a prior Federal reservation. 

Timber Rights

Ownership interest permitting someone to cut and remove free standing trees.

 

Proof

Because these are excluded resources, only the source is verified.  

Proof of Indian Tribal land and natural resources includes the following:

·         Deeds;

·         Titles;

·         Tribal documents;

·         Land use or rights contracts and permits;

·         Written statement from the Tribe or the BIA; or

·         Collateral contact with the Tribe or the BIA.

 

Legal Authority

Program

Legal Authority

ALTCS

42 U.S.C. 1396a(ff)

20 CFR 416.1210(i)

20 CFR 416.1234