Real Estate Programs-Indian Lands (15.040)

Program

15.040 Real Estate Programs-Indian Lands

Federal Agency

Agency: Department of the Interior
Office: Bureau of Indian Affairs

Authorization

Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended, 25 U.S.C. 450; 60 Stat. 1097, 25 U.S.C. 176; Indian Land Consolidation Act; Act of March 3, 1901; Act of March 3, 1921; Reorganization Plan No. 3, 1946; Public Law 56-382, 31 Stat. 1084, 25 U.S.C. 311; Public Law 66-359, 41 Stat. 1232, 25 U.S.C. 393; Public Law 97-459, 96 Stat. 2515, 25 U.S.C. 2201 et seq.; Public Law 98-608, 98 Stat. 3171; Public Law 102-238.

Program Number

15.040

Last Known Status

Active

Objectives

To provide real property management, counseling, and land use planning services to individual Indian allottees and Indian tribal and Alaska Native entities who own an interest in almost 56 million acres of trust land; to provide real estate appraisal services required in processing land transactions, and to protect and enhance the Indian leasehold estate by providing individual Indian landowners and Indian tribes with lease compliance activities.

Types of Assistance

DIRECT PAYMENTS FOR A SPECIFIED USE

Uses and Use Restrictions

Real Estate Services: decision-making processes are developed through cooperative efforts with the Indian landowners for the proper utilization, development, and enhancement of Indian trust lands. Real Estate Appraisals are one element in trust land transactions and are restricted to American Indians who have an ownership interest in property held in trust by the Federal government. Lease Compliance: program resources are used to ensure that leases on trust and restricted Indian lands and their assignees comply with the terms of the leases.

Eligibility Requirements

Applicant Eligibility

Federally Recognized Indian Tribal Governments, Native American Organizations authorized by tribes, and individual American Indians.

Beneficiary Eligibility

Federally Recognized Indian Tribal Governments and their members.

Credentials/Documentation

Initial application must be accompanied by a resolution of the governing body of the Indian tribe. For real estate appraisals, documented ownership interest in property held in trust is required. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Informal preapplication conference is recommended. Technical assistance in preparing the application is available upon request. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. Initial applications for real estate services and lease compliance must contain the information specified in 25 CFR, Part 900, Subpart C, "Contract Proposal Contents." Completed applications should be submitted to the local Bureau of Indian Affairs agency office listed in Appendix IV of the Catalog.

Award Procedure

For Real Estate Services and Real Estate Appraisals, the dollar value of the awards depends upon the amount that has been prioritized by the individual Tribe through tribal participation in the BIA's budget formulation process. For Lease Compliance, funding is distributed to the Regional offices on the basis of number of existing leases and the number of inspections planned for the year. For Lease Compliance awards, in some cases, the award can be approved at the agency level. In most instances, the application will be forwarded to the Regional Director for approval.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

Applications will be processed within 90 days.

Appeals

An unsuccessful applicant may request an informal conference with the deciding official or may appeal the denial of the application directly to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR, Part 900.

Renewals

Awards for Real Estate Services and Lease Compliance may be renewed indefinitely upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award. The amount of the award may be adjusted as a result of individual tribal priorities established in the budget formulation process. Awards for Real Estate Appraisals are a single-action item completed for a specific property and are not subject to renewal.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Awards are made on an annual basis and the funds remain available until expended by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of payments will be negotiated with the grantee. See the following for information on how assistance is awarded/released: Information not available.

Post Assistance Requirements

Reports

The timing and nature of program accomplishment data will be negotiated with the contractor/grantee. Cash reports are not applicable. Progress reports are not applicable. Federal Financial Report, SF 425 is required. Performance monitoring is not applicable.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. For awards made under this Program, grantees/contractors are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et. seq.).

Records

Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement, or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved.

Program Accomplishments

Fiscal Year 2008: Real Estate Services: To date, more than 12,000 surface leases were approved, and approximately 7,800 acquisitions and 4,000 land sales were processed. Real Estate Appraisals: More than 20,000 appraisals were conducted for trust property transactions. Lease Compliance: approximately 25,000 physical inspections were completed on more than 100,000 leases. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

14-2100-0-1-452.

Obligations

(Direct Payments for Specified Use) FY 08 $3,987,550; FY 09 est $4,409,550; FY 10 est $0

Range and Average of Financial Assistance

For Real Estate Services, tribal award amounts vary from approximately $1,000 to $500,000. For Real Estate Appraisals, the cost of most appraisals is less than $500 but can range up to approximately $2,500 or more for large or complex properties; the average is $1000. Lease Compliance awards range from $250 to $30,000 with most awards less than $5,000.

Regulations, Guidelines and Literature

25 CFR 162; 30 CFR; 43 CFR; Uniform Standard of Professional Appraisal Practices as promulgated by the Appraisal Standards Board of the Appraisal Foundation.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Applications may be filed with the local Bureau of Indian Affairs' agency office as listed in Appendix IV of the Catalog.

Headquarters Office

Vicki Forrest Office of Trust Responsibilities, Division of Real Estate Services, Bureau of Indian Affairs, 1849 C Street NW, MS 4510 MIB, Washington, District of Columbia 20240 Phone: (202)208-7737

Web Site Address

http://www.doi.gov/bia/otrhome.htm#Land; http://www.doi.gov/bureau-indian-affairs.html.

Examples of Funded Projects

Fiscal Year 2008: Real Estate Services funds land sales, leasing, preparation of probate documents and estate planning. Real Estate Appraisals are conducted for commercial, residential, and industrial properties, including leased agricultural trust lands. Lease Compliance funds reviews of lease documents, investigations of lease violations and trespass issues, and physical inspections of leased property including assessments of improvements. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

Funding levels for Real Estate Services and Real Estate Appraisals are determined by the individual Tribe through participation in the BIA's budget formulation process. All applicants meeting the criteria in 25 CFR Part 900 will be funded. Appraisals are conducted for all transactions involving trust property. The time required to complete an appraisal depends on the number of requests being processed by a specific office and the resources available to meet the requests. Lease Compliance funds are distributed to the Regional offices based on three factors: (1) total number of leases, (2) total number of acres, and (3) total amount of income derived from leases. Awards for lease compliance are determined by the number of qualifying leases reported to the Agency and Regional Offices. Minimum funding of $50,000 is allocated to each Regional office. In allocating program resources, priority is given to activities involving agriculture, oil and gas, mining, industrial, business, recreational, and other income-producing leases.