What Is Tribal Land in Trust?

Tribal land is land in trust given to the Native Americans by the American Government under the Indian Reorganization Act. This act gives land to the American Indians under the trust of the government to preserve and improve natural resources of the tribal reservations, and land that is owned by Native Americans. The Department of The Interior has since returned over 9 million acres of land back to Indians and Indian Reservations.

Better Way of Living for Native Americans

These reorganizations are meant to make the quality of life better and more resourceful for generations to come. 90% of Indian Reservation land was lost in 1887 under the Dawes Act, so being given back even 10% of the land lost and being given the land for improvements and better ways of living for the American Indians is a positive and progressive step.

Limits to How Land Is Used

Under these laws, the American Indians are self-governing and therefore not subject to state law. There are, however, limitations to how the land may be used and many motions regarding tribal law that go forward must be approved beforehand.

The Indians who reside on Native American land can either own their dwelling spaces through an allotment or they can be given their dwelling spaces by the tribal authorities.

Free to Trust Application

Should a tribal member desire to own an allotment on or off of a reservation, there is a “free to trust” application that has to be completed. An attorney can guide these tribal members through the process. These applications require an understanding of Tribal Law can require consultation with our experienced Palm Springs tribal attorneys.

A recent article states that environmental and tribal coalition groups have sued to obstruct a rule from 2015 in order to protect wildlife and public resources. The case is set to repeal the Trump Administration’s change to the rule that protects against fracking on lands that belong to federal and tribal communities. (more…)

As recently appeared in The Public Record:

Doing Business with Native American Tribes

Since its creation, the federal government has contracted with and passed laws affecting the self-determination of Native Americans. State governments have also entered into agreements or “compacts” with tribes, typically involving gaming and taxes on products and services offered by tribal entities. These laws and agreements have created significant opportunities for private entities to do business with Native American tribes and on reservation land in many areas, including real estate, natural resources, retail and commercial enterprises, as well as tourism and entertainment. (more…)

The Native American people under Palm Springs tribal law need to understand the legal ramifications of holding land in trust and the possibilities of earning a fee in trust. (more…)

Native Americans are governed by two types of laws in the United States. The first combines State and Federal laws all United States residents must adhere to. Indian law is the second, and is only applicable to Native American tribal groups. This provides Native Americans with a unique business and legal environment. (more…)

A recent publication stated that the Aqua Caliente Band of Cahuilla Indians from Coachella Valley, California recently lost a lawsuit that accused a California county of unlawful collection of taxes on leased tribal trust lands. A California federal judge ruled that the collection of these taxes did not overly interfere with self-governance of the tribe. The decision sided with Riverside County over a possessory interest tax that is charged to non-Native American lessees on the recognized tribal reservation. The unique case required specific knowledge and expertise of Coachella Valley tribal law attorneys. (more…)

The Leasing Of Indian Trust Land

The secretary of the interior must approve the lease of all Indian land whether agricultural, mineral and gas, business or residential. Federal regulations still apply if the tribe has their own realty services and requires approval of the BIA. Federal regulations state the secretary can provide the required consent for landowners and groups. This means not all landowners are aware or have consented to all leasing decisions. (more…)

Native communities have been governing themselves as nations since before the U.S. Constitution was drafted. The governments of these communities see the communities as separate nations and do not recognize the U.S. as having power over them. (more…)

Coachella Valley tribal attorney’s offices understand how businesses can conduct business in tribal areas effectively. Indian tribes have made amazing strides economically and politically. In many areas Indian tribes are major employers. (more…)

When looking to conduct business with Indian Tribes, it will be essential to have knowledge of the history along with awareness of the evolving federal, state and Indian tribe laws that affect these parties. As a result it will be a good idea to get assistance from our Palm Springs tribal attorneys in a number of key areas. (more…)