BUREAU
OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
AUTHORIZATION:
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:
Direct Payments for Specified Use. Place Cursor Here for Definition
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.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
Federally Recognized Indian Tribal Governments, Native American
Organizations authorized by tribes, and individual American Indians.
Beneficiary Eligibility:
Federally Recognized Indian Tribal Governments and their members.
Credentials/Documentation:
Initial application must be accompanied by a resolution of the
governing body of the Indian tribe. For real estate appraisals,
documented ownership interest in property held in trust is required.
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.
Application Procedure:
Initial applications for real estate services and lease compliance
must contain the information specified in 25 CFR, Part 900, Subpart
C, "Contract Proposal Contents." Completed applications should
be submitted to the local Bureau of Indian Affairs agency office
listed in Appendix IV of the Catalog. Requests for real estate
appraisals should be submitted to the local Bureau of Indian Affairs
agency office listed in Appendix IV of the Catalog along with
documentation of ownership interest in the property.
Award Procedure:
For Real Estate Services and Real Estate Appraisals, the dollar
value of the awards depends upon the amount that has been prioritized
by the individual Tribe through tribal participation in the BIA's
budget formulation process. For Lease Compliance, funding is distributed
to the Area offices on the basis of number of existing leases
and the number of inspections planned for the year. For Lease
Compliance awards, in some cases, the award can be approved at
the agency level. In most instances, the application will be forwarded
to the Area Director for approval.
Deadlines:
None.
Range of Approval/Disapproval
Time: Applications will be processed within
90 days.
Appeals:
An unsuccessful applicant may request an informal conference with
the deciding official or may appeal the denial of the application
directly to the Interior Board of Indian Appeals, or may bring
suit in U.S. District Court. Full appeal procedures are found
in 25 CFR, Part 900.
Renewals:
Awards for Real Estate Services and Lease Compliance may be renewed
indefinitely upon satisfactory performance by the contractor/grantee.
A notice of intent to renew should be submitted at least 90 days
prior to the expiration of the current award. The amount of the
award may be adjusted as a result of individual tribal priorities
established in the budget formulation process. Awards for Real
Estate Appraisals are a single-action item completed for a specific
property and are not subject to renewal.
ASSISTANCE CONSIDERATIONS:
Formula and Matching
Requirements: Not applicable.
Length and Time Phasing
of Assistance: Awards are made on an annual
basis and the funds remain available until expended by the contractor/grantee.
Payments may be made in advance or by way of reimbursement. The
timing of payments will be negotiated with the grantee.
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.
Audits:
For awards made under this Program, grantees/contractors are responsible
for obtaining audits in accordance with the Single Audit Act Amendments
of 1996 (31 U.S.C. 7501 et. seq.).
Records:
Financial records must be retained for 3 years from the date of
submission of the single audit report. Procurement records must
be retained for 3 years from the date of final payment. Property
records must be retained for 3 years from the date of disposition,
replacement, or transfer. Records pertaining to any litigation,
audit exceptions or claims must be retained until the dispute
has been resolved.
FINANCIAL INFORMATION:
Account Identification:
14-2100-0-1-452.
Obligations:
(Total Amount of Awards) FY 01 $2,698,000; FY 02 est $3,617,180;
and FY 03 est $4,182,360.
Range and Average of Financial
Assistance: For Real Estate Services, tribal
award amounts vary from approximately $1,000 to $500,000. For
Real Estate Appraisals, the cost of most appraisals is less than
$500 but can range up to approximately $2,500 or more for large
and/or complex properties; the average is $1000. Lease Compliance
awards range from $250 to $30,000 with most awards less than $5,000.
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.
INFORMATION CONTACTS:
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.
Headquarters Office:
Office of Trust Responsibilities, Division of Real Estate Services,
Bureau of Indian Affairs, 1849 C Street NW, MS 4510 MIB, Washington,
DC 20240. Telephone: (202) 208-7737. Contact: Larry Scrivner.
Web Site Address: http://www.doi.gov/bia/otrhome.htm#Land http://www.doi.gov/bureau-indian-affairs.html
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.
