The historic relationship between the United States and tribal governments has been complicated at best, which means that the process to secure land into trust can be fraught with legal challenges. While there are many advantages to securing tribal land in a trust, the ownership of the land, the type of trust land desired, and other local factors can all influence the particulars of the process. To secure land into a trust is simple in theory, requiring that the interested party submit an application to the Office of Trust Services of the Bureau of Indian Affairs, but in actuality, the process can be much more complex.
To effectively navigate the legal nuances of securing land in a trust, tribal governments may benefit from skilled legal advocacy from lawyers who understand the relationship between the United States and tribal nations. Patterson Real Bird & Rasmussen LLP has been recognized by Best Lawyers in 2025 and 2026, and can offer specific guidance for tribal governments who are considering how to secure land into trust. Contact a federal Indian law the Colorado Office at (303) 926-5292, the Southwest Office at (505) 395-4500, the Great Plains Office at (701) 854-7619, or the DC Office at (202) 434-8903 to learn more about your legal rights.
Does Land Ownership Influence the Process of Securing Land?
Yes, fee land can be secured in a federal trust, becoming trust land, but the owner of the land must request that the property be taken into trust. Fractionated land or land with checkboarding could present challenges if tribal governments attempt to convert it into trust land. Tribal governments may benefit from understanding how land designation affects the process of securing land.
Summary of Trust Land for American Indians
Tribal governments may pursue taking land into federal trust to advance economic development, governance, and long-term land protection, but the process often involves significant legal and procedural complexity.
- Securing land into trust generally requires submitting an application to the Bureau of Indian Affairs, usually for fee land owned by a tribe or individual.
- Land ownership structures such as checkerboarding and fractionated ownership can complicate applications and require careful coordination among multiple owners.
- Trust land may offer benefits such as tax considerations, leasing opportunities, rights-of-way income, and other revenue-generating uses held for the benefit of a tribe or individual.
Patterson Real Bird & Rasmussen LLP provides federal Indian law services to tribal governments and native communities navigating land-into-trust matters and related legal issues.
Understanding Fee Land and Trust Land
There are generally three different types of tribal land, which can introduce many complications for tribal governments wishing to secure land. Generally, the most common process for converting tribal land involves what is called fee land. Fee land, according to the Bureau of Indian Affairs, is land that is wholly owned and controlled by the owner. This owner could be an individual, or it could be the tribal government. This means that, legally, the property is treated as any other piece of real estate in America, though some additional protections may apply.
However, trust land is held by the United States government for the benefit of a tribe, individual, or tribal government. Trust land is typically converted from fee land and transferred through the Bureau of Indian Affairs. Trust assets can generate revenue for native communities and provide other federal benefits to the tribe, including tax benefits, improved leasing rates, and much more. Trust land is still held for the collective use of the tribe, though the legal implications of ownership may be more complicated than on fee land.
How To Secure Land Into Trust
All Indian tribes and native individuals are eligible to apply for a land acquisition, provided they are submitting fee land to be converted into trust land. This can look like tribal governments exchanging large swathes of property on behalf of the tribe, or individuals converting their personal property. To secure land in a trust, the owners of the land must submit a letter to the Secretary of the Interior requesting that the land be taken into trust. For tribal governments, this typically means first acquiring a tribal resolution to show agreement among the members.
For more details on how to accomplish this process, speak with an experienced federal Indian law attorney from Patterson Real Bird & Rasmussen LLP.
Factors That Complicate Securing Land Into Trust
To secure land into trust, the owner of the land must submit the request to the Secretary of the Interior. While in some situations this process is straightforward, the ownership of native land rarely is. Due to inheritance rights, individual ownership, and the different types of native land, tribal governments attempting to secure land into trust may face many difficulties, like checkerboarding and fractionation.
Checkerboarding
Checkerboarding is a phenomenon that is fairly common on reservations and other natively owned land, where different plots of land have different legal designations. For example, a plot of fee land may border tribal trust lands, which may border allotted trust lands, and so on in a repeating pattern. Since the desired land is not solely fee land, applying to take the land into trust may be more complex.
Fractionated Land
Additionally, the inheritance rights of Native Americans often mean that children of deceased landowners become joint owners of the property in question. Known as fractionated ownership, this phenomenon means that joint owners may need to cooperate on a strategy to secure land in trust. Disagreements and ownership disputes can easily complicate this process and make securing land much more difficult.
Benefits of Trust Land for Tribal Governments
However, securing land in trust does come with numerous benefits for tribal governments and American Indian individuals. Understanding these benefits can help tribal governments determine how and when to secure land in trust. Some of these benefits include the following.
- Profits generated from leases
- Revenue from permits
- Land sales
- Rights of way uses
- Tax credits
- Discounted leasing rates
- Land use tax exemptions
Tribal governments may benefit from reviewing the legal details of securing land to better understand how it may impact the tribe as a whole. Preparing effectively and weighing the benefits can help tribal leaders make wise decisions.
Historic Controversy Over Trust Land Agreements
While modern land trusts may have many benefits, there has been no shortage of legal disputes over land trusts in the past. Since much land was acquired from the Indians in the 1800s and 1900s using coercive or deceptive legal practices, many judges today are expected to interpret the law surrounding these issues with leniency towards tribal nations, according to the Native American Rights Fund. The United States has a “trust responsibility” to tribal nations within its borders, which often strengthens claims for tribal governments. However, the interpretation of the law is rarely straightforward, and the acquisition or refusal of trust land in America has sparked many significant legal cases.
Speak with a Tribal Advocate Law Firm Today and Learn More
Navigating the challenges of converting tribal land into trust is a large task, which can be intensified by complex land designations and fractionated ownership. Tribal governments may struggle to understand the legal requirements to secure land, but a skilled federal Indian attorney from Patterson Real Bird & Rasmussen LLP can help. Consider scheduling an initial consultation with an attorney by calling one of our offices, such as the Colorado Office at (303) 926-5292, the Southwest Office at (505) 395-4500, the Great Plains Office at (701) 854-7619, or the DC Office at (202) 434-8903.
Important FAQs Regarding Secure Land for Tribal Governments
Below are several commonly asked questions from tribal governments about how to secure land into trust.
What Does It Mean to Take Land Into Trust?
Taking land into trust means the United States holds legal title to the land for the benefit of a tribe or eligible individual. The Bureau of Indian Affairs oversees this process, and the land is no longer treated as ordinary fee simple property under state law.
What Types of Land Can Be Taken Into Trust?
Fee land owned by a tribe or an individual may be eligible for conversion into trust land. Trust land generally originates from fee land and is transferred through an application to the Secretary of the Interior.
Does Land Ownership Affect the Trust Application Process?
Yes, ownership plays a significant role in the process. Fractionated ownership or mixed land designations may require additional documentation, coordination, and agreement among all owners before an application can proceed.
What Is Checkerboarding and Why Does It Matter?
Checkerboarding refers to adjacent parcels of land having different legal statuses, such as fee land next to trust land. This pattern can complicate land-into-trust applications because not all parcels may qualify under the same legal standards.
How Does Fractionated Ownership Complicate Trust Land Applications?
Fractionated ownership occurs when multiple individuals inherit shared interests in the same parcel of land. Disagreements among co-owners or unclear ownership interests may delay or hinder efforts to place land into trust.
What Benefits May Trust Land Provide to Tribal Governments?
Trust land may support economic activity through leases, permits, rights of way, and land use arrangements. In some cases, trust status may also involve tax-related considerations and governance advantages for tribal governments.
How Can Patterson Real Bird & Rasmussen LLP Assist With Land-Into-Trust Matters?
Consider visiting with an experienced attorney at Patterson Real Bird & Rasmussen LLP to learn more about legal options related to land-into-trust applications. The firm works with tribal governments and native communities to help clarify procedural requirements, ownership considerations, and potential legal paths under federal Indian law.