Fee-To-Trust Process - Cloverdale Rancheria of Pomo Indians

The Cloverdale Rancheria of Pomo Indians
Welcome
Fee-To-Trust Process
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Pursuant to an act of Congress, the Indian Reorganization
Act, authorizes acquiring land for a Tribe or individual
Indian.
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Secretary of the Department of Interior may take lands into
trust for the benefit of the Tribe generally to facilitate tribal
self-determination, economic development and Indian
housing.
Fee-To-Trust Process
Four General Steps for the Transfer of Land Held In
Fee Title to Trust Status for the Benefit of the Tribe
Fee-To-Trust Process
Step One – Tribe submits application to Regional
office of the Bureau of Indian Affairs (BIA)
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Land Identification and Description
Authority for Acquisition (Legislation)
Tribal Government Authorization
Purpose and Need for Land
Tax Implications
Title Report and Solicitor’s Opinion
Environmental review pursuant to the National Environmental
Protection Action (federal action requested)
Fee-To-Trust Process
Step Two – BIA Provides Initial Notice of the
Proposed Application
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Governor the State
State Clearinghouse
Board of Supervisors (County)
County Tax Assessor
City Council
Requesting Comment on 1) impacts to tax rolls, 2) jurisdictional
problems, 3) potential for conflicts in land use. 30-day Comment
Period Begins.
Fee-To-Trust Process
Step Three – BIA Reviews the Application,
Comments and Documentation
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BIA determines whether the application is complete and all issues
addressed
Informal Administrative Decision making process (consider all
types of information)
This information leads to the preparation of a Statement of
Reasons for a final decision.
Fee-To-Trust Process
Step Four – 30 Day Notice of Decision Period
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BIA (Assistant Secretary of Indian Affairs) issues a decision to
approve/disapprove application
30 days to appeal decision
Administrative Appeal Rights to State and Local Governments
If application approved and no administrative appeal is filed,
notice of decision published in Federal Register and/or local
newspaper for 30 day Notice
If appeal filed, notice of decision not published until appeal
process exhausted
Notice of Intent (NOI)
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NOI and EIS Scoping meeting
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Environmental Impact Statement (EIS)
Notice of Intent (NOI)
The Department of Interior (DOI) & the
Bureau of Indian Affairs (BIA) will be
publishing the NOI in the Federal Register.
Notice of Intent (NOI)
Purpose – The scoping meeting will be
conducted by the BIA Pacific Regional
Office as the first step in notifying the
public that the BIA has issued a Notice of
Intent to proceed with the EIS process
regarding the Tribes proposed project.
Notice of Intent (NOI)
The scoping meeting will cover:
The size of the proposed project
‡ The scope and description of the
proposed project
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Notice of Intent (NOI)
This scoping meeting will serve simply as
a notice of the project and ask the public
for their input to the environmental
concerns.
Notice of Intent (NOI)
The comments will be collected
‡ A draft EIS will be developed and once
issued another public hearing will
commence asking for public input as to
the findings, alternatives and or analysis
of impacts.
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The Cloverdale Rancheria of Pomo Indians
We Look Forward To Your Comments!