Buying land on an Indian reservation requires an understanding of the procedures. There are 22 federally recognized Native American tribes, villages, or nations in Arizona.
These groups control thousands of acres of property and have plenty of room to expand or set up shop on a reservation.
However, a lot of commercial developers, real estate agents, and site selectors are ignorant of the procedure and its potential advantages.
The fundamentals are as follows:
Table of Contents
Buying Land on an Indian Reservation
Native American lands are not negotiable. They are held in trust for the various Native American tribes by the federal government and are its property.
As a result, non-Native enterprises seeking to establish themselves on a reservation must negotiate a land lease or a build-to-suit lease with the tribe.
Prior to the HEARTH Act’s passage in 2012, the Bureau of Indian Affairs (BIA), acting on behalf of the Secretary of the Interior, had to approve all leases on reservations.
However, after the tribe submitted an application and received approval, the tribe was given the authority to manage its own leases.
Can You Hunt Tribal Land In South Dakota?
South Dakota’s nine bordering tribes offer outstanding hunting possibilities. To obtain a hunting license for hunting on tribal lands, you must contact the tribal game, fish & parks office of the tribe on whose land you desire to hunt.
Hunters who wish to hunt on tribal grounds must obtain a license from the tribe.
There may be confusion over the laws of our tribe, but we wish to clarify tribal law.
You must possess a Tribal License in order to hunt on tribal grounds. Regardless of what state officials may tell you, the Tribe has power over who may hunt on tribal grounds.
Indian Reservations in South Dakota offer abundant hunting and fishing opportunities.
On Indian trust territory, state licenses are invalid unless authorized by tribal councils. Contact the game offices of each particular tribe for information on specific licenses.
This habitat diversity is beneficial for numerous species of wildlife. The hunting chances on the Lower Brule Sioux Reservation are unparalleled.
State hunting permits are not valid on reserve areas, and tribal licenses are not valid on non-reservation lands, according to the state’s Hunting Handbook.
Active military personnel and disabled individuals have free or discounted fishing access.
South Dakota provides access to over five million acres of public property for hunters.
The Department of Game, Fish, and Parks offers an interactive tool that provides access to maps and other information regarding public lands.
In addition, the department provides maps and information regarding Walk-In Area, Game Production Areas, Waterfowl Production Areas, certain School Lands, and certain Bureau of Land Management Lands.
Why are Non-Members Allowed to Hunt on Tribal Lands?
Non-members are not always permitted to hunt on Native American reservations, but some are.
For those looking for tribal hunting chances, Nebraska and South Dakota are particularly well-liked travel destinations for turkey hunters.
Ben Bearshield with the Rosebud-Sioux said, “The Rosebud Sioux Game, Fish & Parks rely on the funds collected by non-member license purchases to fund the work we perform for wildlife.”
In order to hunt, hunters must buy a habitat stamp, and the money from those sales goes directly toward conservation initiatives.
For many generations to come, we may all enjoy the wildlife and hunting opportunities on our grounds thanks to the economic boost from non-members.
Map Showing Indian Reservations With The Limits Of The United States: 1883
– Indians of North America Maps
– Indian reservations – United States Maps
– United States Maps
Repository: Library of Congress Geography and Map Division Washington, D.C. 20540-4650 USA dcu – Map Source
Purchase Of Land, Fort Peck Reservation, Montana (Tribal Funds)
The survey and allotment of lands contained within the Fort Peck Indian Reservation were mandated by the Fort Peck Allotment Act of 1908.
$50,000 will be paid from any cash deposited to the credit of the Indians of Provisos, said reservation, for the acquisition of privately and Indianly owned property, improvements on lands, or any interest in lands, including water rights, for Indians of the Fort Peck Reservation in Montana:
The title to the property or improvements shall be acquired in the name of the United States in trust for the Indians of the Fort Peck Reservation; further provided, money.
No money under this permission may be spent without the executive board of the tribe whose land is being leased having given its approval.
Indians: Additionally, it is provided that a portion of this budget may be used to enable the executive board to lease agricultural and grazing areas from Indians and non-Indians for ten-year periods in order to sublease them to individual Indians and groups of Indians.
How Housing Works On An Indian Reservation
The apartments were located in close proximity to the administrative and service facilities, which acted as a de facto town square for the reservation.
A typical one-bedroom apartment costs approximately $500 per month. The reservation’s outskirts were characterized by small, separate, sprawling homes that sell for approximately $145,000.
Gutierrez stated that more of these outlying units were required to reduce the likelihood of apartment overcrowding, which is a concern on reservations due to the fact that Indians often pack together to avoid becoming homeless.
Under the Indian Housing Block Grant, tribes independently plan, design, build, and maintain affordable housing on Indian reservations and in Native communities.
Does California Law Apply To Indian Reservations?
The fact that Indian tribes are sovereign and that federal law takes precedence over state law means that the civil laws of the State of California don’t usually apply in Indian Country.
There are nearly 100 different reservations or Rancherias in California that are home to tribes. There are also a number of Indian trust allotments for each person.
In 1953, a federal law was passed that gave some states criminal jurisdiction over American Indians who lived on reservations.
It also let state courts handle civil cases that had been brought before tribal or federal courts.
But the law doesn’t give states regulatory power over tribes or lands held in trust by the U.S. It also doesn’t give states the power to impose state taxes or take away federally guaranteed hunting, trapping, and fishing rights of tribes.
It also doesn’t give states the power to control basic tribal government functions like enrollment and domestic relations.
Can Native Americans Buy Back Land?
There have been some victories as Congress passed legislation returning the Salish and Kootenai tribes’ ownership of the whole 19,000 acres of the national bison range in Montana.
However, a large portion of Native American land ended up in private ownership, and tribes are now gradually purchasing that land back.
Land buybacks by Native American tribes launch a business-oriented approach to social justice.
Land has been purchased through the Buy-Back Program and put in trust for tribes.
According to Robert J. Miller, a professor at the Lewis & Clark Law School in Portland, Oregon, who specializes in tribal issues, thirty to forty tribes are making enough money from casinos to purchase back property, but they still need to fund social programs, education, and health care for their members.
Poor tribes in the United States are unable to purchase or sell reservation land. A change in government policy can enhance their situation.
On the open market, tribes all throughout the US are purchasing back land that was lost during and after the colonization era.
Is The Rosebud Sioux Tribe Federally Recognized?
The Rosebud Sioux Tribe is a federally recognized tribe, and as such, its members are entitled to medical care at IHS facilities that are supported by government money.
The Tribe’s members are qualified to receive healthcare services from IHS because the Tribe has federal recognition.
The federally recognized Rosebud Sioux Tribe (RST) reestablished self-government in accordance with the Indian Reorganization Act of 1934.
Confederated Tribes of the Umatilla Indian Reservation landowners with fractional interests receive offers under the buyback program.
Fractionation by U.S. Department of the Interior
The General Allotment Act of 1887 split reserve territory, leading to today’s extremely fragmented ownership of much Indian land.
How Reservation Land Is Owned By Individuals
According to a recent study fact sheet, individually owned land that is held in trust and is restricted The General Allotment Act of 1887 allotted particular portions of land to American Indians in order to fulfill the terms of their respective treaties.
How Much Land Was Given In The Dawes Act?
160 Acres: The Dawes Act gave the head of each Native American household 160 acres of agriculture or 320 acres of pasture land if they agreed to the allotment divisions.
Although these acreages were similar to those that the Homestead Act had promised, there were also significant distinctions between the two laws.
After the Indian Wars, the United States passed the Dawes Act of 1887, which dissolving 90 million acres of Native lands illegally between 1887 to 1934.
Native American Land Ownership
There are currently two primary categories of land held by Native Americans:
- Land held in trust by the federal government, with the individual or group continuing to have a beneficial stake in the land despite the government holding legal title to the land.
- Allotments are another name for trust lands that are owned on behalf of particular people.
Affordable Housing for Native Americans
Some of the most pressing housing needs in the country are among Native Americans who live in tribal communities.
The cost of housing affects 57 percent of Native American households in tribal territories, and many of those also reside in substandard or overcrowded dwellings.
For the purpose of buying, replacing, repairing, and renovating their homes, Native Americans and Alaskan Natives are given funds through the Housing Improvement Program (HIP).
Even though anybody may apply, the housing is tailored to and for the Native community.
What tribes live on the Pine Ridge Reservation?
Oglala Lakota Nation’s homeland
The Oglala Lakota Nation resides on the Pine Ridge Reservation, which is surrounded by the Badlands, the Black Hills, and rolling plains.
Oglala Lakota (formerly Shannon) County, the southern half of Jackson County, and Bennett County are all entirely within the Pine Ridge Reservation.
The Oglala Lakota, a tribe of the Sioux people, call it home.
The 38,000-person indigenous community is isolated from the state’s economic lifelines and unaffected by development, much like Native American reservations around the country.
Can you buy land in an Indian reservation?
Native American lands are not negotiable. They are held in trust for the various Native American tribes by the federal government and are its property.
Poor tribes in the United States are unable to purchase or sell reservation land. The government owns the land; it is not for sale. A change in government policy can enhance their situation.
According to the United States Supreme Court, tribes often have no control over non-Indians who enter an Indian reservation’s boundaries.
When the non-action Indian takes place on land that the non-Indian owns in fee simple, this requirement is especially strict.
Trust and limited lands that are privately owned are exempt from all local, regional, state, and federal taxes, including property taxes.
Can you hunt Rosebud off reservation trust land?
On the Rosebud Indian Reservation, hunting on tribal lands is only permitted with a registered tribal member guide. Without a guide, non-members are considered to be trespassers.
Unless you want to hunt on state property, you do not need a South Dakota hunting license. The Rosebud Sioux Tribe Game Fish and Parks is in charge of managing tribal lands.
Tribes can buy land outside of reservations and put it in trust under the Indian Gaming Regulatory Act in order to run casinos elsewhere.
Finally, as the consolidation program progresses, the Bureau’s expenses for managing the trust lands on the reservation will go down.
What Is Deeded Land On An Indian Reservation?
Nontrust:
Nontrust is also known as fee or deeded. The bounds of the reservation include a substantial area of land that is not in trust and is subject to entirely distinct laws.
Anyone, Indian or non-Indian, can fully own this land, often known as “fee” or “deeded” land, and it is subject to property tax.
This data sheet explains various forms of private Indian land ownership.
Your deed will or your Individual Trust Interest (ITI) Report.
It is land owned by a tribe or individual that is subject to a US restriction barring the sale or gift of the property to third parties.
A piece of land that has been “reserved” for an Indian band, hamlet, or tribe (tribes) to live on and use is known as a reservation.
Reservations were established by executive order, congressional law, or treaty.
The obligation for creating new reservations or expanding already-existing reservations has fallen under the purview of the Secretary of the Interior since 1934.
The term “Indian country” includes reservations.
Buying Land On Colville Indian Reservation
More than $25 million in offers from the Colville Indian Reservation’s land buy-back program are made to landowners with fractional interests.
The Colville Confederated Tribes has decided that it is important for our tribe to prioritize the acquisition and maintenance of tribal member-owned assets inside the Reservation’s boundaries.
Colville Tribal Credit has created a Land Purchase program that encourages tribal members to buy land in order to aid in the acquisition and retention of these holdings.
Living Next To An Indian Reservation
What would you think if you were forced to live next to an Indian reservation? which ones specifically? Their demographics all vary.
The people and their way of life suffered greatly from life on these reservations. Basic requirements weren’t satisfied.
Remember that reserves aren’t somewhere to go on vacation; rather, they’re locations where people actually live and work.
You can visit a number of Native American reservations, such as: Consider going to the Navajo Nation Fair this year, which will be held in September in Window Rock, Arizona.
Buying Land On Flathead Reservation
On one or more reservations, you may possess a mix of fee and trust lands, land that is held by an individual and is restricted.
The Tribes hold 82 percent, 90 percent, and 65 percent, respectively, of the land in the parts of Flathead, Missoula, and Sanders Counties that border the Reservation.
The federal government has a fiduciary duty to help the Tribes manage the resources on the Reservation.
It retains title to privately owned allotments and the majority of tribally owned lands in trust for the owners.
The remaining land is owned by the government, the state, or a fee.
Frequently Asked Questions
Can You Buy Land On The Navajo Reservation?
The Bureau of Indian Affairs administers the reservation as a trust on behalf of the federal government, which technically owns more than 90% of it.
Less than 1% of all land is “fee-simple property,” which means that its owners are free to sell or develop it.
Permits are also required for environmental, archeological, and other purposes.
The first Navajo (Diné) land purchases in Colorado occurred in 2018, when the Navajo (Diné) Nation approved the acquisition of two sizable ranches in Colorado.
Who Can Live On An Indian Reservation?
Over 1.5 billion acres of Native American land were taken by the federal government from the time of the United States’ establishment until the late 1800s.
On this time-lapse map, you can see the invasion taking place. Native Americans were relocated to reserves as their ancestral lands were taken. Numerous Native Americans now reside on reserves.
These are self-governing, meaning they are not governed by state laws, but they are also not fully sovereign states.
How Does Reservation Land Work?
A piece of land controlled and administered by a federally recognized Native American tribal nation is known as an Indian reservation, and its government is responsible to the U.S. Bureau of Indian Affairs rather than the state in which it is situated.
To prevent Native Americans from settling on territory that was intended for European Americans, the Indian reserve system was established.
Native Americans were able to keep some of their social and cultural customs because to the reservation system.
The Dawes Act of 1887, which divided tribal lands into separate parcels, abolished the reservation system.
Can a non Indian Live on a Reservation?
Reservations are open to non-Native residents as long as they work for a housing authority or live with a Native family there.
As long as the property is located in native territory, non-Natives are not allowed to purchase or rent any real estate.
You are welcome to reside on the reservation as a Non-Native, for instance, if you worked for the Department of Health and Human Services/Indian Health Service, which is headquartered in the center of a reserve and offers accommodation to its employees.
However, if they don’t offer housing, you’d have to leave the reservation and go to work.
Everyone is aware that Indian reservations are among the most impoverished areas in the country, but few people are aware of the underlying causes.
For example, economists refer to the tragedy of the commons, which states that if everyone owned the property, no one would.
As a result, there is subpar housing and a desolate, dilapidated appearance brought on by a lack of investment, excessive use, and environmental damage.
Wherever there are insecure property rights, including parts of Africa and South America, inner city housing projects and rent-controlled apartment buildings in the United States, and Indian reservations, this style is prevalent.
Can Native Americans Sell Reservation Land?
In contrast to trust land, fee (also known as fee patent or fee simple) land typically refers to real estate that is owned outright by a single person and is not held in trust by the federal government on behalf of a particular tribe.
Landowners may donate or sell their fee land without BIA clearance if there are no restrictions on it.
The U.S. federal government holds the 56 million acres of reserve land currently owned by Indians in trust for Indian people.
Therefore, practically all decisions involving the use of land, including those involving the sale, lease, or establishment of new businesses, requires the secretary of the interior’s consent.
This creates numerous levels of red tape that can seriously impede managing and using land.
Many Indian landowners are unable to even find their properties, and decisions regarding land use are frequently made without their approval.
Can you own land in an Indian Reservation?
Because they cannot own land, Indians cannot accumulate wealth or build equity. The federal government “holds in trust” reservation land for Indians.
If you are the owner of reservation land, it will be clear from your Individual Trust Interest (ITI) Report or your deed which indicate whether it is either:
- Fee Land (also known as Fee Simple Land or Fee Patent Land) and/or,
- Individually Owned Trust or Restricted Land.
None of the land on their reservations is “owned” by Native Americans. The Bureau of Land Management oversees its management and ownership on behalf of the federal government.
Native Americans own substantial tracts of land, yet they are not allowed to sell, develop, or borrow against it.
Native American land may contain natural resources that are either owned by them as part of restricted-fee land or held in trust for a tribe or individual.
Can I buy land on a reservation for my project?
Native American lands are not negotiable. They are held in trust for the various Native American tribes by the federal government and are its property.
As a result, non-Native enterprises seeking to establish themselves on a reservation must negotiate a land lease or a build-to-suit lease with the tribe.
Prior to the HEARTH Act’s passage in 2012, the Bureau of Indian Affairs (BIA), acting on behalf of the Secretary of the Interior, had to approve all leases on reservations.
However, after the tribe submitted an application and received approval, the tribe was given the authority to manage its own leases.
Is development similar on all reservations?
Every Native American tribe runs like a sovereign nation. Each has an own tribal government structure, adopts its own tax laws, and employs a distinctive development methodology.
On some reservations, for instance, tribal members are permitted to own specific plots of property.
This means that in order for business owners and developers to move through with a development project that affects any allotted lands, they must first obtain the consent of the individual owners.
While it could be worth the wait because of the location, it might also add time and money.
For instance, a large portion of the property fronting the Loop 101 in the Salt River Pima Maricopa Indian Community (SRPMIC) is given land.
It is not rare for 150 or more individual owners to have to consent to the terms of the lease. As a result, it often takes 18 to 24 months to get a lease at SRPMIC.
There are no designated lands on some reserves, such as the Ak-Chin Indian Community. Due to the Tribal Council’s control over its use and the fact that all reservation property belongs to the Tribe as a whole, developers can begin and finish projects far more quickly.
For instance, the $50 million multi-tainment center that Ak-Chin promised to create took 14 months to plan and construct.
Are there other advantages to locating on tribal lands?
Other advantages of tribal locations can include tax breaks, incentives for hiring tribal members, and cost savings on utilities and public safety, particularly if these services are provided by the tribe itself.
Again, each tribe has its own distinctive tax laws, so inquire. Your company can be eligible for state and federal incentives in addition to tribal exemptions.
Isn’t ownership preferable to leasing?
The Great Recession of 2008 showed business owners that while ownership may be desirable when the market is strong and prices are rising, real estate may tie up a lot of operational capital in a depreciating asset and it isn’t always simple to sell when you need immediate access to funds.
On a reservation, renting can offer some clear benefits over buying. First, you do away with the significant upfront financial investment in buying land.
Additionally, some tribes can incorporate your development costs into a long-term lease so you can amortize them over the term of your lease.
You employ your working capital to start building your business right away rather than locking up a sizable chunk that might or might not appreciate.
Conclusion
There is a prohibition on the purchase and sale of native lands. They are held in trust for the many Native American tribes by the federal government, which is the legal owner of the lands.
Therefore, non-Native companies that want to locate on a reservation are required to engage into a land lease or build-to-suit lease agreement with the tribe in order to do so.
Buying Land on an Indian Reservation Summary
If the community authorities permit it, you may. The majority of nations of which I am aware have a rule stating that only citizens can own land.
According to him, no legal finding supports the reduction of territory, and Congress permitted Indians to dwell on any land on the reservation prior to its sale.
Everything developed on reserve territory is subject to laws governing land use, ownership, and taxation.
There are numerous land classifications and subcategories, each with its own taxation, land valuation, control, and economic potential regulations. The primary land status classifications are “Trust” and “non-Trust” (also called Deeded or Fee).
The concept of “trust” dates back to the Federal Government’s construction of reservations to protect tribes and their newly enclosed land.
However, the trust relationship has resulted in a checkerboard system of land control by the tribe and economic obstacles for individual tribal members seeking home ownership.
Resources:
Tips for opening a business on Arizona’s Native American reservations (link)
