Legal Alert - Bureau of Indian Affairs Finalizes Changes to Land-Into-Trust Procedures in Light of Patchak


by Heidi McNeil Staudenmaier

In response to last year’s United States Supreme Court case of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”), the Bureau of Indian Affairs (“BIA”) issued a final rule on November 12, 2013. The new rule significantly modifies the existing land-into-trust regulations under 25 C.F.R. Part 151, and is referred to by many as the “Patchak Patch.” The new rule is intended to limit the uncertainties created by Patchak by adding administrative hurdles for potential litigants and expediting trust acquisitions.

[Read the full alert.]