 State-Tribal
Trust Land
Updated June 2008
Placing tribal "land into trust" is a process whereby the secretary of the Department of the Interior acquires title to property and holds it in trust for the benefit of a Native American tribe or individual tribal members. Between 1887 and 1934, the federal government took nearly two-thirds of reservation lands from the tribes without compensation. In order to help tribes regain their original land bases, tribes are allowed to obtain additional land and convert it into trust status. The use of trust lands is governed by the tribes, subject to certain federal restrictions, and the land is usually not subject to state laws.
Most newly acquired tribal trust lands are located within Indian reservation boundaries or adjacent to them. Under certain conditions, there may be off-reservation acquisitions. Typical uses of the acquired land include governmental operations, cultural activities, agricultural or forestry activities, increased housing, social and community services, health care and educational facilities. Placing land into trust for gaming purposes, however, has raised concerns in many states and has sometimes confused other legitimate purposes for the trust land designation.
It is important for states to understand the purpose of trust acquisitions, the process by which land is converted into trust, and the implications for state and tribal governments. The key to making the land-into-trust process more acceptable for all interested parties is to ensure that the process and decisions involve sufficient consultation among affected tribes, state and local governments, and clear federal guidelines.
Resources:
"Tribal Trust Lands: From Litigation to Consultation," States and Tribes: Building New Traditions, August 2004, by Larry Morandi. (for copies contact Sia Davis (303) 364-7700) For more information click here.
The National Indian Gaming Commission
National Indian Gaming Commission is an independent federal regulatory agency of the United States. The Commission's primary mission is to regulate gaming activities on Indian lands for the purpose of shielding Indian tribes from organized crime and other corrupting influences; to ensure that Indian tribes are the primary beneficiaries of gaming revenue; and to assure that gaming is conducted fairly and honestly by both operators and players. For information on gaming regulations pertaining to Indian land, see the link below.
 State-Tribal Institute
|
