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Reservation Proclamations

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Reservation Proclamations: History

1.Treaties2.Executive Orders3.Acts of Congress4.Secretarial Orders

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Proclamation Authority:25 U.S.C. § 467 (IRA)The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.

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Why are reservation proclamations important?

Tribal Jurisdiction

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Tribal JurisdictionOn-Reservation Off-Reservation

Members Criminal & Civil Jurisdiction ICWA(Compact)

(Full Faith & Credit)

Non-MemberIndians

Non-Indians

Criminal Jurisdiction. Must be enrolled & have connection to reservation.

General Rule: No Criminal or Civil Jurisdiction.Exceptions: Consensual Relationship with Tribe. Must threaten health, safety, & welfare of Tribe. Act of Congress.

Violence Against Women ActClean Air ActClean Water Act

NAGPRANHPA

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Tribal JurisdictionOn-Reservation Off-Reservation

Members Criminal & Civil Jurisdiction ICWA(Compact)

(Full Faith & Credit)

Non-MemberIndians

Non-Indians

Criminal Jurisdiction. Must be enrolled & have connection to reservation.

General Rule: No Criminal or Civil Jurisdiction.Exceptions: Consensual Relationship with Tribe. Must threaten health, safety, & welfare of Tribe. Act of Congress.

Violence Against Women ActClean Air ActClean Water Act

NAGPRANHPA

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New Policy- Reservation Proclamations

On July 22, 2014, internal guidelines for submitting reservation Proclamation requests to Central Office was issued by the Director, BIA.

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Reservation Proclamation Process

These guidelines establish:1. Requirements for

Regional Offices2. Best Practices3. Required Documentation

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New Policy- Reservation Proclamation Process

Reservation proclamations can only be issued for completed trust acquisitions pursuant to IRA (25 U.S.C. § 465).

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Step 1: Tribal Request

Tribe submits request to Home Agency. Request should contain:

1. Tribal Resolution2. Legal Description/Trust Deed3. Map

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Step 1: Tribal Request

Tribal Resolution:1. Cite authority for action and

request proclamation2. Should be separate from tribal

resolution requesting land into trust

3. Can be initiated as soon as acquisition is recorded at LTRO

4. Should state justification for the proclamation and uses for land

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Step 1: Tribal RequestLegal Description/Trust Deed:

1. Submit copy of trust deed with land description and approval.

2. Acreage and land description in resolution must match TAAMS Title Status Report, BILS LDR, and trust deed.

3. If request is for portion of trust acquisition only, only include this land description in resolution. Tribal request must state that only a portion of acquisition is to be proclaimed.

4. Multiple acquisitions that are contiguous can be submitted as one request.

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Step 1: Tribal Request

Map:

Application should include a map, plot, or survey that depicts the location of the subject land in relation to the present reservation, or other trust and restricted lands.

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Step 2: Home Agency ProcessHome Agency generates the following documentation for submission to Regional Office:

1. BILS LDR2. Notice to State, County, and Local Governments3. NEPA4. Draft Reservation Proclamation5. Draft Federal Register Notice6. Draft Memo from Director to AS-IA7. Brief History of the Land Acquisition8. Proof of Statutory Authority for Trust Acquisition (Deed or

TR)9. Title Status Report10. Justification and Recommendation to Regional Director

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Step 3: Regional Office Process

1. Regional Office reviews submission and works with agency to perfect application.

2. Once application is complete, RO drafts recommendation Memo to Director, BIA, with all documentation needed to issue proclamation.

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Step 4: Central Office Process

1. Central Office reviews submission and works with Regional Office to perfect application.

2. Reservation Proclamation requests are reviewed by the Solicitor.

3. If acceptable, AS-IA signs proclamation and published notice in the Federal Register.

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Step 5: Recordation at LTRO

Federal Register Notice should then be recorded at LTRO by Home Agency. Inform LTRO that proclamation should be encoded to TAAMS Legal Document Module (Document Class 07 - Secretarial Order).

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Step 6: Notice to Tribe

Send copy of recorded Federal Register Notice to Tribe and inform Tribe that Proclamation process is complete.