We are concerned, however, that the list in this Section 151.8 is not exhaustive and therefore requires cumbersome cross-referencing in order to compile a complete submission packet. Accordingly, we recommend including those factors outlined in proposed § 151.12 (a) in this section as elements constituting “documentation…that addresses all information requirements in this Part.” §151.8 (2). These criteria include: 1) the existence of statutory authority for the acquisition and any limitations contained in such authority, as identified in § 151.4; 2) The purposes for which the land will be used; and 3) 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. We further recommend the following revisions for the purpose of clarity: 1) to reflect that this section covers both submissions by tribal governments and individual Indians, we recommend that the title be changed to read “What Documentation Must Be Submitted to Request Land be Acquired in Trust Status,” and 2) we recommend revising subsection (b) toward the end of the provision to read, “After the Bureau of Indian Affairs is in possession of a complete acquisition package, it will…”
2. §§ 151.9-151.12 – Various Types of Acquisitions
[Tribe/Nation] is particularly in favor of the Department’s proposed § 151.9 (c), which provides that when the Secretary is reviewing a tribal government’s request for an in-reservation acquisition, “the Secretary presumes, subject to rebuttal, that the acquisition will be approved.” It is our opinion that that this proposed provision would not only serve to provide an appropriate respect for a tribal government’s sovereign authority over its “Indian reservation” but would also increase efficiency of the land-into-trust process, decreasing the incidence of backlogged applications. Moreover, while we support the extension of the presumption of “community benefits” to acquisitions located outside the boundaries of an Indian reservation, we also believe that this presumption should apply to those tribal governments seeking to have land taken into trust as an “initial Indian acquisition” under § 151.12 (c). Indeed, by providing greater deference for a tribal government’s strategy for selecting parcels most conducive to their long-term advancement and sustainability through the presumption of community benefits, the Department would effectively further the purposes of the IRA, as set forth in the (proposed) § 151.3, of “strengthen[ing] self-determination and sovereignty” and
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