Analysis

Tribes Unsure Where They'll Land With New DOI Trust Policy

Law360 (March 25, 2020, 8:49 PM EDT) -- The U.S. Department of the Interior’s new test to decide when tribes qualify to have their land taken into trust may simplify the process for some while creating hardship for those that lack obvious proof they meet the department’s new standards, experts say.

The new guidance issued March 10 by U.S. Solicitor of the Interior Daniel Jorjani says tribes can provide evidence in one of three categories to show they were both “recognized” and “under federal jurisdiction” when the Indian Reorganization Act was enacted in 1934, and therefore entitled to have their land taken into trust under the law.

While the...

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