Content provided by the Catalog of Federal Domestic Assistance
15.040 Real Estate Programs_Indian Lands
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; 60 Stat. 1097, 25 U.S.C. 176; Indian Land Consolidation Act; Act of March 3, 1901; Act of March 3, 1921; Reorganization Plan No. 3, 1946; Public Law 56-382, 31 Stat. 1084, 25 U.S.C. 311; Public Law 66-359, 41 Stat. 1232, 25 U.S.C. 393; Public Law 97-459, 96 Stat. 2515, 25 U.S.C. 2201 et seq.; Public Law 98-608, 98 Stat. 3171; Public Law 102-238.
To provide real property management, counseling, and land use planning services to individual Indian allottees and Indian tribal and Alaska Native entities who own an interest in almost 56 million acres of trust land; to provide real estate appraisal services required in processing land transactions, and to protect and enhance the Indian leasehold estate by providing individual Indian landowners and Indian tribes with lease compliance activities.
TYPES OF ASSISTANCE:
USES AND USE RESTRICTIONS:
Real Estate Services: decision-making processes are developed through cooperative efforts with the Indian landowners for the proper utilization, development, and enhancement of Indian trust lands. Real Estate Appraisals are one element in trust land transactions and are restricted to American Indians who have an ownership interest in property held in trust by the Federal government. Lease Compliance: program resources are used to ensure that leases on trust and restricted Indian lands and their assignees comply with the terms of the leases.
Applicant Eligibility: Federally Recognized Indian Tribal Governments, Native American Organizations authorized by tribes, and individual American Indians.
Pre-application Coordination: Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. This program is excluded from coverage under E.O. 12372.
Formula and Matching Requirements: Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Financial status reports, SF 269A, are required. The timing and nature of program accomplishment data will be negotiated with the contractor/grantee.
Account Identification: 14-2100-0-1-452.
Real Estate Services: To date, more than 12,000 surface leases were approved, and approximately 7,800 acquisitions and 4,000 land sales were processed. Real Estate Appraisals: More than 20,000 appraisals were conducted for trust property transactions. Lease Compliance: approximately 25,000 physical inspections were completed on more than 100,000 leases.
REGULATIONS, GUIDELINES, AND LITERATURE:
25 CFR 162; 30 CFR; 43 CFR; Uniform Standard of Professional Appraisal Practices as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Regional or Local Office: Applications may be filed with the local Bureau of Indian Affairs' agency office as listed in Appendix IV of the Catalog.
EXAMPLES OF FUNDED PROJECTS:
Real Estate Services funds land sales, leasing, preparation of probate documents and estate planning. Real Estate Appraisals are conducted for commercial, residential, and industrial properties, including leased agricultural trust lands. Lease Compliance funds reviews of lease documents, investigations of lease violations and trespass issues, and physical inspections of leased property including assessments of improvements.
CRITERIA FOR SELECTING PROPOSALS:
Funding levels for Real Estate Services and Real Estate Appraisals are determined by the individual Tribe through participation in the BIA's budget formulation process. All applicants meeting the criteria in 25 CFR Part 900 will be funded. Appraisals are conducted for all transactions involving trust property. The time required to complete an appraisal depends on the number of requests being processed by a specific office and the resources available to meet the requests. Lease Compliance funds are distributed to the area offices based on three factors: (1) total number of leases, (2) total number of acres, and (3) total amount of income derived from leases. Awards for lease compliance are determined by the number of qualifying leases reported to the Agency and Area Offices. Minimum funding of $50,000 is allocated to each area office. In allocating program resources, priority is given to activities involving agriculture, oil and gas, mining, industrial, business, recreational, and other income-producing leases.