M Indian Tribal Land and Natural Resources

Revised 04/30/2024

Policy

The following Tribal land and natural resources are excluded:

• Property located on within the bounds of a tribal nation,

• Property held in trust,

• Property subject to Federal restrictions,

• Property under the supervision of the Secretary of the Interior.

• Indian allotments on or near the bounds of a tribal nation as designated and approved by the Bureau of Indian Affairs (BIA) of the Department of the Interior

• Ownership interests in rents, leases, royalties, or use of natural resources related to federally protected rights. This includes extracting natural resources or harvesting timber, plants and plant products, animals, fish, and shellfish.

• Ownership interests in or rights to use items that have unique religious, spiritual, traditional, or cultural significance, or rights that support subsistence or a traditional lifestyle according to Tribal law or custom.

 

Definitions

Term	Definition
Fishing Rights	Rights to harvest fish or shellfish from designated fishing grounds.
Grazing Rights	Ownership interests in and usage rights to land used under agreements between Tribal officials or individual members and livestock owners for grazing.
Indian Tribal Land	Restricted allotted land owned by an enrolled member of an Indian tribe.
Mineral or Oil Rights	Ownership interest in natural resources such as coal, oil, or natural gas extracted from the ground.
Within the bounds of Tribal Nation	Any federally recognized Indian Tribe’s tribal land, pueblo, or colony. This includes: Former tribal lands in Oklahoma, Alaska Native regions established by the Alaska Native Claims Settlement Act and Indian allotments on or near tribal lands as designated and approved by the BIA; and For other federally recognized Tribes, property located within the most recent boundaries of a prior Federal tribal lands.
Timber Rights	Ownership interest permitting someone to cut and remove free standing trees.

 

Proof

Because these are excluded resources, only the source is verified.

Proof of Indian Tribal land and natural resources includes the following:

• Deeds;

• Titles;

• Tribal documents;

• Land use or rights contracts and permits;

• Written statement from the Tribe or the BIA; or

• Collateral contact with the Tribe or the BIA.

 

Legal Authority

Program	Legal Authority
ALTCS	42 U.S.C. 1396a(ff) 20 CFR 416.1210(i) 20 CFR 416.1234