Update on Bureau of Indian Affairs Initiatives
The Division of Real Estate Services under the BIA is actively working on key initiatives such as updating Realty User Groups and training programs, with a focus on Fee-to-Trust (FTT) acquisitions. Recent developments include the issuance of National Policy Memorandum NPM-TRUS-43 and updates to the HEARTH Act policy for Tribal leasing regulations. The BIA is streamlining processes and improving services in collaboration with regional staff and stakeholders.
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Division of Real Estate Services, OTS BIA CARLA CLARK, ACTING DIVISION CHIEF
Key Messages / Current Initiatives Office of Trust Services Fee-to-Trust (FTT) remains the highest priority for BIA Finalizing comment review for the 151 (FTT) Regulation consultations DRES updating our Realty User Groups to work on policy and regulation updates Creating DRES Training webpage to post trainings
Fee-to-Trust On April 26, 2022, the BIA issuedNational Policy Memorandum NPM-TRUS-43 (NPM), establishes the Bureau of Indian Affairs' (BIA) priority to modernize the Land Description Review Process for Fee-to- Trust acquisition. FTT cases were being delayed and AS-IA made FTT the highest priority BIA formed two Strike Teams (1) FTT BIA Strike Team and (2) FTT GIS Strike Team which has developed an SOP for standardization To accomplish this the GIS Strike team met with five BILS from different regions over the course of three months to develop best practice standards in order to maintain quality of service for Tribes Meeting with the BILS also allowed the GIS strike team to better understand the challenges that are unique to each region. An understanding was reached at the end of each meeting that the GIS strike team would work with regional staff and BILS when needed as the process develops. Prior to the BILS and LDR review the examination of legal descriptions was carried out by the BIA realty staff, thus the NPM is only returning the function of legal description review back to the BIA and Indian Country
FTT Continued NPM-TRUS-43 Signed 4/26/22 replaces the LDR Review by the BLM with a Land Description Examination and Verification (LDEV) review by BIA GIS Specialists. This is non-negotiable and request all regions comply. FTT LDEV Review Standard Operating Procedures. Submissions need to be submitted as one PDF with all required documentation along with LDEV cover page. FTT Strike Team have completed a total of 56 LDEV reviews, continue provide professional assistance and recommendations to regions on LDEV process. Regions actively submitting LDEVs includes: Eastern Oklahoma 36, Midwest 8, Northwest 10 and Pacific 2. A total of 11 returns which have been due to insufficient documentation or missing survey plats. Eastern Oklahoma has several requests with all required documentation and some in turn quick turnaround. The team is currently working on 3 LDEVS and only has 2 in the queue. Recently the average turn around for legal description review by the strike team has been 4-5 days.
HEARTH 52 IAM 13: Approval of Tribal Leasing Regulations under the HEARTH Act This chapter establishes Indian Affairs' policy for a consistent and objective review and approval process for Tribal leasing regulations under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). It has been updated since the 2020 version to reflect changes to format and other guidance. The following IAM policy chapter has been signed and issued as of June 16, 2022. The BIA OTS DRES in collaboration with the Office of the Solicitor (SOL) presented two National HEARTH Act Training events to the BIA which was held on June 15, 2022, and June 22, 2022, respectively. The DRES & SOL in conjunction with Ms. Sheila Hererra from the Pueblo of Isleta s Tiwa Lending Services presented a HEARTH Act overview for Tribes who are interested in applying for HEARTH Regulations on July 6, 2022 & July 7, 2022. Post recording on the BIA DRES website. Training topics: Tribal Perspective after HEARTH Act approval
HEARTH continued Since HEARTH has been implemented, there is a total of 90 tribal leasing regulations approved for 77 tribes. Of the 90 approved regulations, there are several tribes who have multiple approved leasing regulations; however, they are counted only once. In FY2022, the BIA DRES has processed, and AS-IA approved 20 HEARTH regulations for Tribes. The OTS website was recently updated for HEARTH approved regulations: https://www.bia.gov/service/HEARTH-Act/approved-regulations
Lockbox Beginning February 2022, the DRES began Phase II of the Outstanding Checks and Invoices project where TAAMS query information is provided monthly to the Regions on its SharePoint Each Region is responsible for developing its own plan of action to address its outstanding checks and invoices in TAAMS; each Region provides monthly Progress Reports to DRES and a monthly status call is held. Phase II project end is September 30, 2022 The DRES is also presently working with the Lockbox Liaisons to develop Lockbox Processing Training for the field Overall, as of July 1st, all 12 regions collectively resolved 1,761 invoices that are 100% Direct Pay, totaling $7.4 million Collectively the 12 Regions resolved 2,768 invoices that are Agency Pay totaling $3.6 million. MWRO can provide more detailed accomplishment information for the Region and its agencies
ROWs / BIL NPM-TRUS-44: Streamlining the Rights-of-Way (ROW) and Business Lease Application Process for Bipartisan Infrastructure Law, Telecommunication, and Renewable Energy Projects. This interim policy establishes BIA's policy for the efficient and effective processing of Rights-of-Way (ROWs) and Business Leases for projects funded by the Bipartisan Infrastructure Law (BIL), as well as Telecommunications and Renewable Energy Projects. Furthermore, this NPM includes guidance and streamlines procedures for processing ROW and leasing applications that are part of, or related to, infrastructure The updates to this NPM aim to ensure consistency with applicable laws, to support Tribal Nations in exercising their sovereignty to govern their lands and pursue economic self-sufficiency, conservation practices, and climate resiliency. The BIA is committed to promoting and facilitating information exchange with our Tribal Nations, Alaska Native Corporations, federal partners, state, and local leaders to identify and implement ways to support tribal self-determination and tribal self- governance in the management of infrastructure, telecommunication, and renewable energy purposes to have the greatest possible positive impact for Tribal communities DRES will continue to monitor the status of ROWs in TAAMS
NPMs / Handbook Updates 1) 52 IAM 7 Correct Deed Policy and the affidavit - The purpose of this IAM is to establish procedures for correcting title defects on Indian trust or restricted land arising from specific mistakes or errors in deeds. Additionally, the IAM identifies circumstances when it is acceptable to use an affidavit to correct a deed. 2) Currently working on a transfer of excess real property technical handbook and IAM for the field. The technical guidance will cover the transfer of excess lands that BIA has custody of in its inventory. The technical guidance will include the two major delegations, ISDEAA and P.L. 93-638 authorities available to transfer excess real property to tribes. The guidance will include excess lands located on and off reservation, as well as excess real property from other federal agencies offered through General Services Administration (GSA). 3) DRES s Surface Lease User Group team which is made up of realty specialist nominees from the 12 Regions is currently meeting virtually every other Wednesday to update the Residential Lease Handbook. The present Residential Lease information on BIA s website is dated 2006 and needs update. The team s target date for a completed first draft for solicitor review is September 30, 2022.
Reference Information All BIA IAMs are published online to the IA Policy and Directives website here: https://www.bia.gov/policy-forms/manual Handbooks and BIA DRES website https://www.bia.gov/bia/ots/dres
