Land into Trust
Land into Trust
Although anyone can have a trust created as part of estate planning, there is a specific process for having the U.S. Government put tribal or Native American owned land into trust. This type of trust property is different.
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If you need additional assistance, please contact MILS at 231-947-0122.
A "fee to trust land acquisition" or "land into trust" is when the ownership of a piece of land is transferred. This transfer is from a person who is a member of a Tribe or from the Tribe itself to the United States government. The US government then holds the land in trust, which means they take care of it for the person or Tribe who gave it to them.
"Trust land" is a term used for land that is owned by the United States government but is held for the benefit of an individual or an entire Tribe. This is a special legal status that comes with certain advantages, protections, and rules. Here are some of them:
On trust land, there are many programs and services provided by the Bureau of Indian Affairs (BIA) that people can use.
Trust land doesn't have to pay state or local taxes. But, the local Tribe can choose to charge taxes for the services they provide.
Trust land can't be sold, given away, leased, or have any other changes made to it without the approval of the Secretary of the Interior.
Can Individuals have their Land put into Trust?
Yes. People or Tribes, as described in the rules (25 USC 5108; 25 CFR 151.2), can ask the U.S. government to hold their land in trust. The following individuals are eligible to petition the federal government to have their land put into trust:
(1) Any person who is an enrolled member of a Tribe;
(2) Any person who is a descendent of such a member and said descendant was, on June 1, 1934, physically residing on a federally recognized Indian reservation; or
(3) Any other person possessing a total of one-half or more degree Indian blood of a Tribe.
Does the Land have to be within the Boundaries of a Reservation?
No, but it helps. A petition can be filed for any land an eligible person own outright, which is known as "fee simple" status. If you own land in "fee simple" status, it means you can do what you want with it, like sell it, give it away, or rent it out, without needing the government's permission.
When someone asks the U.S. government to hold their land in trust, the Secretary of the Interior looks at their request. They use certain rules found in the Code of Federal Regulations (25 CFR 151) to decide if the request should be approved. The federal government has different rules on whether it will or will not put land into trust based on 1) if the land is within the boundaries of a reservation; 2) if the land is near a reservation; and 3) if the land is neither within or near the boundaries of a reservation.
No matter where the land is, the government will always evaluate whether putting the land into trust:
(1) Furthers Tribal interests by establishing a Tribal land base or protects Tribal homelands;
(2) Protects sacred sites or cultural resources and practices;
(3) Establishes or maintains conservation or environmental mitigation areas;
(4) Consolidates land ownership;
(5) Reduces checkerboarding;
(6) Acquires land lost through allotment;
(7) Protects treaty or subsistence rights; or
(8) Facilitates Tribal self-determination, economic development, or Indian housing.
For more information on the "Fee to Trust" process, please see the Office of Trust Service's webpage.
For more information on the status of trust property in Michigan and BIA Probate, please see MILS' BIA Probate page.