# 25 CFR § 151.11: How will the Secretary evaluate a request involving land outside of and noncontiguous to the boundaries of an Indian reservation?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-151.11

## Section

- **Citation:** 25 CFR § 151.11
- **Heading:** How will the Secretary evaluate a request involving land outside of and noncontiguous to the boundaries of an Indian reservation?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER H—LAND AND WATER > PART 151—LAND ACQUISITIONS

## Text

(a) The Secretary shall consider the criteria in this section when evaluating requests for the acquisition of land in trust status when the land is located outside of and noncontiguous to an Indian reservation:
(1) The existence of statutory authority for the acquisition and any limitations contained in such authority;
(2) If the applicant is an individual Indian and the land is already held in trust or restricted status, the need for additional land, the amount of trust or restricted land already owned by or for that individual, and the degree to which the individual needs assistance in handling their affairs;
(3) The purposes for which the land will be used; and
(4) If the land to be acquired is in fee status, whether the Bureau of Indian Affairs is equipped to discharge the additional responsibilities resulting from the acquisition of the land in trust status.
(b) The Secretary shall give great weight to acquiring land that serves any of the following purposes, in accordance with § 151.3:
(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.
(c) Upon receipt of a written request to have land outside the boundaries of an Indian reservation acquired in trust status, the Secretary shall notify the State and local governments with regulatory jurisdiction over the land to be acquired. The notice will inform the State or local government that each will be given 30 calendar days in which to provide written comments on the acquisition's potential impact on regulatory jurisdiction, real property taxes, and special assessments. If the State or local government responds within 30 calendar days, a copy of the comments will be provided to the applicant, who will be given a reasonable time in which to reply, if they choose to do so in their discretion, or request that the Secretary issue a decision. In reviewing such comments, the Secretary will consider the location of the land and potential conflicts of land use. The Secretary presumes that the Tribe will benefit from the acquisition.

## Nearby sections

- [25 CFR § 151.1 § 151.1 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.1.md)
- [25 CFR § 151.2 § 151.2 How are key terms defined?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.2.md)
- [25 CFR § 151.3 § 151.3 What is the Secretary's land acquisition policy?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.3.md)
- [25 CFR § 151.6 § 151.6 May the Secretary approve acquisition of a fractional interest?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.6.md)
- [25 CFR § 151.9 § 151.9 How will the Secretary evaluate a request involving land within the boundaries of an Indian reservation?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.9.md)
- [25 CFR § 151.11 § 151.11 How will the Secretary evaluate a request involving land outside of and noncontiguous to the boundaries of an Indian reservation?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.11.md)
- [25 CFR § 151.13 § 151.13 How will the Secretary act on requests?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.13.md)
- [25 CFR § 151.14 § 151.14 How will the Secretary review title?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.14.md)
- [25 CFR § 151.17 § 151.17 What effect does this part have on pending requests and final agency decisions already issued?](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.17.md)
- [25 CFR § 151.18 § 151.18 Severability.](https://www.frixlaw.com/law-library/statutes/ecfr-25-151.18.md)
- [25 CFR § 153.3 § 153.3 Application form.](https://www.frixlaw.com/law-library/statutes/ecfr-25-153.3.md)
- [25 CFR § 153.6 § 153.6 Appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-25-153.6.md)
- [25 CFR § 158.53 § 158.53 Order to change designation of homestead.](https://www.frixlaw.com/law-library/statutes/ecfr-25-158.53.md)
- [25 CFR § 158.58 § 158.58 Disposition of proceeds of partition sales.](https://www.frixlaw.com/law-library/statutes/ecfr-25-158.58.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-151.11. Check the current official text before relying on it. Not legal advice.