regulation

§ 900.97

25 CFR Ch. V (4–1–06 Edition)

§ 900.97 How can an Indian tribe or
tribal organization acquire excess
BIA or IHS property?
(a) The Indian tribe or tribal organization shall submit to the appropriate
Secretary a request for specific property that includes a statement of how
the property is intended for use in connection with a self-determination contract or grant. The Secretary shall expeditiously process the request and
shall exercise discretion in a way that
gives maximum effect to the request of
Indian tribes or tribal organizations for
the donation of excess BIA or IHS property.
(b) If more than one request for the
same item of personal property is submitted, the Secretary shall award the
item to the requestor whose request is
received on the earliest date. If two or
more requests are received on the same
date, the Secretary shall award the
item to the requestor with the lowest
transportation costs. The Secretary
shall make the donation as expeditiously as possible.
(c) If more than one request for the
same parcel of real property is submitted, the Secretary shall award the
property to the Indian tribe or tribal
organization whose reservation or
trust land is closest to the real property requested.
§ 900.98 Who takes title to excess BIA
or IHS property donated to an Indian tribe or tribal organization?
The Indian tribe or tribal organization takes title to donated excess BIA
or IHS property. The Secretary shall
provide the Indian tribe or tribal organization with all documentation needed to vest title in the Indian tribe or
tribal organization.
§ 900.99 Who takes title to any land
that is part of excess BIA or IHS
real property donated to an Indian
tribe or tribal organization?
(a) If an Indian tribe or tribal organization requests donation of fee title to
excess real property that includes land
not held in trust for an Indian tribe,
the Indian tribe or tribal organization
shall so specify in its request for donation. The Secretary shall take the necessary action under Federal law and

regulations to transfer the title to the
Indian tribe or tribal organization.
(b) If an Indian tribe or tribal organization asks the Secretary to donate excess real property that includes land
and requests that fee title to the land
be held by the United States in trust
for an Indian tribe, the requestor shall
submit a resolution of support from the
governing body of the Indian tribe in
which the beneficial ownership is to be
registered.
(1) If the donation request is submitted to the Secretary of Health and
Human Services, that Secretary shall
take all steps necessary to transfer the
land to the Secretary of the Interior
with the Indian tribe or tribal organization’s request and the Indian tribe’s
resolution. The Secretary of the Interior shall expeditiously process all requests in accordance with applicable
Federal law and regulations.
(2) The Secretary shall not require
the Indian tribe or tribal organization
to furnish any information in support
of a request other than that required
by law or regulation.
§ 900.100 May the Secretary elect to reacquire excess BIA or IHS property
whose title has been transferred to
an Indian tribe or tribal organization?
Yes. When a self-determination contract or grant agreement, or portion—
thereof, is retroceded, reassumed, terminated, or expires, the Secretary
shall have the option to take title to
any item of the property;
(a) Except as provided in paragraph
(b) of this section when a self-determination contract or grant agreement,
or portion thereof, is retroceded, reassumed, terminated, or expires, the
Secretary shall have the option to take
title to any item of government-furnished property:
(1) Whose title has been transferred
to an Indian tribe or tribal organization;
(2) That is still in use in the program;
and
(3) That has a current fair market
value, less the cost of improvements
borne by the Indian tribe or tribal organization, in excess of $5,000.

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