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Frequently Asked Questions - Land
Buy-Back Program for Tribal Nations
The Frequently Asked Questions (FAQs) below summarize the key parameters of
the Cobell v Salazar Settlement Agreement (Cobell Settlement) and the
corresponding implementation approach and processes of the Land Buy-Back
Program for Tribal Nations (Buy-Back Program or the Program). The Program
periodically updates the FAQs to reflect its most recent status and policy
decisions.
To use our online resource to view the Program's FAQs, select a topic below to go
directly to the section. You may also view our FAQs in PDF Format. If you have a
question that is not covered below, please contact the Trust Beneficiary Call
Center (888) 678-6836.
Updated September 27, 2021
Background and Overview Information
Program Eligibility
Cobell Education Scholarship Fund
Engagement with Tribal Nations
Landowner Participation
Workbench Access: Land Buy-Back Program for Tribal Nations
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Land Appraisals
Co-Owner Purchases
Mineral Rights, Tracts with Improvements, & Water Rights
Selling Your Land
Estate Planning and Probate - Informed Decisionmaking
Background and Overview Information
1. What is fractionation? Why is it an issue?
Fractionation refers to divided ownership of Indian lands and is the result of tracts
of land (allotments) passing to numerous heirs over generations. The land itself is
not physically divided; rather, the heirs of an original allottee own undivided
interests in the allotment. Many allotments now have hundreds and even
thousands of individual owners.
Divided ownership makes it difficult, if not impossible, to use the land for any
beneficial purpose. In order to make decisions regarding the use of a given tract of
fractionated land, a required percentage of the individual owners must consent to
the decision. As a general matter, the percentage of co-owner consent, as well as
the steps and type of approval and documentation required, depend on the
intended land use (e.g., a tract of land could be used for residential, business,
agricultural, or grazing purposes). Several land uses require majority consent,
while other uses entail consent thresholds that depend on the number of owners
for that tract (see 25 U.S.C. § 2218). As a result, fractionated allotments often lie
idle rather than being utilized for agricultural, recreational, cultural, commercial,
or even residential purposes. Even when a lease or permit can be obtained, highly
divided ownership often results in individual owners receiving only nominal lease
returns. A significant portion of landowners earn $25 or less in annual income
from their fractional interests in allotments.
At the start of the Program, there were approximately 150 reservations with 2.9
million purchasable fractional interests owned by approximately 243,000
individuals (as of February 2019, the whereabouts of approximately 10.9 percent of
these individuals were unknown). Current statistics by location can be found in the
Fractionation and Resource Code Statistics Report.
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2. What is the Land Buy-Back Program for Tribal Nations?
The Secretary of the Interior established the Land Buy-Back Program for Tribal
Nations (Buy-Back Program) to give individual landowners an opportunity to help
address the problem of fractionation, as part of the Cobell Settlement. The Cobell
Settlement provided the Department $1.9 billion to purchase fractional interests in
trust or restricted fee land from willing sellers at fair market value within a 10-year
period, which ends in November 2022. Individuals who choose to sell their
interests receive payments directly into their Individual Indian Money (IIM)
accounts. Consolidated interests are then immediately restored to Tribal trust
ownership for uses benefiting the reservation community and Tribal members.
3. Who is involved in the Buy-Back Program?
In 2020, the Buy-Back Program transferred from within the Office of the
Secretary, U.S.Department of the Interior (the Department) to the Bureau of Trust
Funds Administration (BTFA), whichassumed the fiduciary functions previously
managed by the Office of the Special Trustee for American Indians in a
reorganization effective October 1, 2020. The Program works closely with the
Bureau of Land Management (BLM), the Office of Policy, Management and Budget
(PMB), and the Bureau of Indian Affairs (BIA) to implement the Program across
Indian Country.
In addition, the Program is working with Tribes to ensure the best information is
available to landowners. Tribes participating in the Buy-Back Program have an
opportunity to enter into memorandums of agreement (MOAs), which enables
collaboration on Program implementation. For more information, see
theEngagement with Tribal Nationssection of these FAQs.
4. What changes will the Program make as it enters the final years of
operation?
As the Program nears the end of its 10-year time period, funding and time
constraints are becoming more challenging, so the Program has made some
changes to improve flexibility and facilitate effective operations. The Program will
continue to communicate operational changes to impacted tribes and landowners.
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The Program’s plans for implementation in the final years will enable efficient,
cost-effective operations to maximize the impact of the remaining funding allotted
by the Cobell Settlement for the benefit of tribal communities. Notable operational
changes beginning with the five locations announced in January 2020 include the
following. First, the Program is returning to its original offer period length,
meaning landowners will have at least 45 days from the date of the Cover Letter in
the offer package to choose to sell and return their offer package. Second, the
Program’s acceptance of returned offer packages is contingent on the availability
of funding, meaning the approval of offers and subsequent payments to
landowners is not guaranteed. Third, the Program requires additional time to
process returned offer packages while it determines the availability of funding,
meaning that it may take longer for a landowner to receive payment for approved
offers.
To ensure efficient and effective implementation, further changes to the Program’s
approaches, operations, and schedule may be made in its final years. The Program
will continue to keep an open dialogue with landowners and tribes as it prepares to
expend the remaining Trust Land Consolidation Fund (Fund) and come to a close
by November 2022. A Senior Advisor – Tribal Relations (TRA) is assigned to
represent the Program and coordinate with tribes at each location where the
Program will be implementing. The TRA will work with the tribal point of contact
to share information about Program implementation at their specific location,
including any new information that may impact landowners.
5. Will the Program add locations to its implementation schedule?
As the Program reaches its conclusion, it is committed to effectively and
efficiently using the remaining funding to consolidate fractional interests for the
benefit of tribal communities. In July 2017, the Program announced 20 locations
for potential implementation. These locations were identified based on a number
of factors, including severity of fractionation, appraisal complexity, degree of
ownership overlap between locations or geographic proximity, tribal readiness,
past response rate, and cost and efficiency.
Using the same factors, in January 2020 the Program announced the addition of
five locations to its schedule as well as operational changes for those locations.
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Since then, the Program has included six additional locations to its schedule.
If resources allow, the Program may add locations for implementation in the
future. Program funding status and consolidation results will continue to be
available on the Program’s website, via the homepage and sales data. The
Program is not requesting tribal submissions of interest for participation.
6. What criteria are used to select locations for Program implementation and
how are Tribes notified?
In July 2017, the Program announcedan implementation schedule of 20 locations
that was based on a number of factors, including severity of fractionation,
appraisal complexity, degree of ownership overlap between locations or
geographic proximity, tribal readiness, past response rate, and cost and efficiency.
At that time, the Program indicated that if resources allow, the Program may add
locations for implementation in the future, which it has done, utilizing similar
factors and analysis mentioned above.
The Program’s schedule for implementation in its final years will enable efficient,
cost-effective operations as the Program works to maximize the impact of the
remaining funding allotted by the Cobell Settlementfor the benefit of tribal
communities.
Once the Program is ready to implement at a specific location, the Program
contacts the tribe. A TRA works with a tribal point of contact throughout the
implementation process to represent the Program and facilitate implementation.
7. How much money is available to purchase fractional interests in land?
The Claims Resolution Act of 2010 provides for a $1.9 billion Trust Land
Consolidation Fund (Fund). After implementation costs and the establishment of
the Cobell Education Scholarship Fund, a minimum of $1.555 billion will be
available to pay individual owners fair market value for the fractional interests
they voluntarily decide to sell. The Program reports the remaining balance of the
Fund on its website home page.
8. What happens to land after it is purchased?
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When landowners choose to sell their interests through the Program, those
interests will remain in trust, but ownership will be transferred to the Tribe with
jurisdiction over the land. Landowners should review their offer package, including
the deed, which will indicate the Tribe with jurisdiction over the land. This effort
strengthens Tribal sovereignty by unifying lands for Tribal benefit and use, such as
economic development, housing, and cultural preservation.
9. How long does the Program plan to be at each location?
Due to limitations on implementation costs as set forth by the Cobell Settlement
Agreement, the Program cannot support a long-term presence at each location.
The Program plans to spend less than a year at each location; however, this time
frame may be adjusted.
Program Eligibility
10. What makes a landowner eligible to receive an offer package?
Not all landowners are eligible to receive an offer package from the Program. A
landowner may be eligible to receive an offer package if they:
Arean adult and their Individual Indian Money (IIM) account reflects their
adult status;
Areable to make decisions on their own behalf, i.e., not under a legal
disability based on restricted status of landowner’s IIM account; and,
Havecurrent contact information, including name, address, and date of birth
in the Department of the Interior’s Trust Fund Accounting System (TFAS) and
Trust Asset and Accounting Management System (TAAMS).
Inaddition, a landowner must own land that fits the criteria identified for tracts
and interests in FAQs 11 and 12.
11. What makes a tract eligible for the Buy-Back Program?
Tobe eligible for the Buy-Back Program, a tract must:
Have two or more owners;
Be under the jurisdiction of a federally-recognized Tribe;
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Be mappable, i.e., the legal description of a tract does not require further
research;
Be a Surface (S), Mineral (M) or Both (B) resource code tract;
Be Stage 1 if it is a Mineral (M) or Both (B) tract;
Have an appraisal determining fair market value;
Have a Tribal resolution regarding offers and lease opportunities if a tract has
a structural improvement and no recorded lease; and,
Be cost-effective, i.e., not significantly more expensive than other tracts at
the location based on both the cost per acre and the average cost per interest.
Resource codes indicate the type of ownership a landowner has in their interest.
These codes can be found on Individual Trust Interests Reports (ITIs) and on
Program offer packages. There are many different resource codes, but three
resource codes that may be purchasable by the Buy-Back Program are:
Surface (S) tracts have ownership rights only to the land surface of the tract,
not to any minerals or other resources, such as oil, below ground.
Mineral (M) tracts have ownership rights only to minerals or other resources
below ground, but not to the land surface of the tract.
Both (B) tracts have rights to both the surface and minerals of the interest.
OnBoth (B) tracts, the Buy-Back Program only purchases the whole ownership
interest (Mineral and Surface), which supports the Program’s goal of consolidating
fractional interests. The Program does not sever mineral rights from the surface
rights of a B tract.
12. What makes an interest eligible for the Buy-Back Program?
Tobe eligible for the Buy-Back Program, an interest must:
Be individually owned in trust or restricted fee status;
Not be subject to life estate or joint tenancy;
Not be pending a legal transaction, such as probate;
Not be owned in restricted fee status in a tract with a structural improvement;
Be located within a tract with a completed environmental review, if owned in
restricted fee status; and
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Be owned by an eligible landowner and located in an eligible tract (further
explained in FAQs 10 and 11).
13. Will the Buy-Back Program make offers on restricted fee interests?
The Program assesses the status of tracts with restricted fee interests at each
location, and will evaluate if resources allow for environmental reviews to be
performed in order to include these interests in offers. In the event the Program
determines that environmental reviews and acquisition of restricted fee interests
are not cost effective, it will exclude restricted fee interests (or the entire tract)
from offers. The Program does not make offers on restricted fee interests in tracts
with improvements.
14. Will the Buy-Back Program make offers on fractionated tracts that contain
improvements?
Offers on trust interests in tracts with improvements may be made if a lease
(including a residential lease, sometimes referred to as a homesite lease) is
recorded by the Bureau of Indian Affairs (BIA) or, in the case of tracts without a
recorded lease, if the Tribe provides a resolution requesting offers on tracts with
improvements and indicating that the Tribe will provide lease opportunities to
individuals living on the land. The Program does not make offers on restricted fee
interests in tracts with improvements. The Program will be acquiring fractional
interests only in the land, not in the improvements themselves. Improvements are
not valued or included for purchase in Program offers but are considered in
determining the fair market value of the underlying tract of land.
15. Will the Buy-Back Program purchase land interests that I own in fee status?
No. The Buy-Back Program is focused on purchasing interests held in trust or
restricted fee status. However, offers on restricted fee interests may require
additional reviews and analysis.
16. Will the Buy-Back Program purchase life estate or joint tenancy interests?
No. Life estate and joint tenancy interests are not purchasable interests under the
Buy-Back Program. Joint tenancy is a form of ownership by two or more persons of
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the same property who share equal ownership of the property and have the equal,
undivided right to keep or dispose of the property.
17. Can minors receive an offer to sell their land? What is the Program doing
regarding outreach to minors?
Landowners must be 18 years or older to receive an offer. There are landowners
who own potentially eligible interests that are identified in the Department of the
Interior’s (the Department) system as being a minor. A landowner who is genuinely
a minor (under 18 years of age) is not be eligible for participation in the Program.
However, some landowners’ date of birth indicates they are already over 18 or will
soon be turning 18 leading up to the offer period but the Department’s system still
identifies them as a minor. The Program attempts to proactively contact these
landowners through postcards to alert them that their account should be updated
as soon as possible so that they may be eligible for an offer. In order to update
their Individual Indian Money (IIM) account with the Bureau of Trust Funds
Administration (BTFA), they will need certain documentation. If an individual
recently turned 18, will soon turn 18, or thinks that their IIM account incorrectly
identifies them as a minor, they should contact the Trust Beneficiary Call Center at
(888) 678-6836.
18. Can the Program make offers to landowners whose Individual Indian
Money (IIM) accounts are restricted due to an encumbrance?
Yes. If your IIM account is restricted due to an encumbrance and you choose to sell
any or all interests included in the purchase offer, the outstanding amount on the
encumbrance may be deducted from the purchase price per the encumbrance plan
before funds are disbursed from your IIM account. To determine how an
encumbrance could impact an accepted offer, you should confirm whether your IIM
account is restricted due to an encumbrance by contacting the Trust Beneficiary
Call Center at (888) 678-6836. If your account is unrestricted, there will be no
deductions from the purchase offer.
19. Why is the Buy-Back Program not acquiring fractional interests located in
Alaska?
The Cobell Settlement requires the Program to operate in accordance with the
Indian Land Consolidation Act (ILCA). (See 25 U.S.C. 2201.) The language in ILCA
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specifically excludes lands located within Alaska. (See 25 U.S.C. 2219.)
Consequently, fractional interests located in Alaska are not eligible to be included
in the efforts of the Buy-Back Program.
Cobell Education Scholarship Fund
20. How does the Cobell Education Scholarship Fund relate to the Buy-Back
Program?
TheCobellSettlement provides for a Scholarship Fund that will make financial
assistance available to American Indian and Alaska Native students wishing to
pursue post-secondary and graduate education and training.
Based on a formula explained in theCobellSettlement, the Land Buy-Back
Program for Tribal Nations (Buy-Back Program) was to provide a maximum of $60
million to the Scholarship Fund. As of April 2017, the Department of the Interior
has reached the cap of $60 million in transfers to the Scholarship Fund. This does
not affect the contributions that are made to the Scholarship Fund outside of the
Buy-Back Program.
The Cobell Board of Trustees is responsible for the oversight and supervision of
the activities of the fund’s administering organization. For more information, visit
theIndigenous Education, Inc., website.
21. Why are scholarship funds not being returned specifically to the location
where the land was purchased?
TheCobellSettlement envisioned the Scholarship Fund as an opportunity for
Tribal youth across Indian Country. It does not direct funds back specifically to
locations, but instead gives the Board of Trustees the power to manage the
solicitation for and distribution of funds for American Indian and Alaska Native
students in need nationwide.For more information, visit theIndigenous Education,
Inc., website.
Engagement with Tribal Nations
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22. What role can Tribal nations have in the implementation of the Buy-Back
Program?
Tribal leadership, participation, and facilitation play a crucial role in the success of
the Program’s land consolidation activities. Tribes have the opportunity to actively
participate in the process, particularly by partnering with the Program to conduct
landowner outreach and education. Tribes are encouraged to formally become
involved in the Program through memorandums of agreement (MOAs). More
information is available on the Agreements page on the Program’s website.
23. How has the Program engaged with Tribes on its approach to
implementation?
Communication with Tribal leaders and representatives has been a significant part
of the Buy-Back Program since inception, and the Program’s productive and
collaborative working relationships with Tribal leadership will remain important for
the years ahead.
The Department held seven Tribal consultations in the summer and fall of 2011 that
were open to Tribal leaders, landowners, and the general public to provide an
overview of the Cobell Settlement, introduce concepts for land consolidation, and
solicit feedback from Indian Country on strategies that could be used to drive
program performance. The factors used to develop the Program’s schedule are a
product of those discussions and are further outlined in the Program’s Initial
Implementation Plan in December 2012. In an effort to seek feedback on this Plan
from Indian Country, the Program held three additional Tribal consultations in
early 2013, which were open to Tribal leaders, landowners, and the general public.
The Program held Listening Sessions in 2014, 2015, 2016, and 2017.
The Program also considered Tribal feedback as part of a strategy review period
described in a Federal Register notice published in April 2017, which resulted in
updated polices and the release of a revised implementation schedule in July 2017.
The Program again considered Tribal feedback from the strategy review period
when it recently expanded its schedule to include five additional locations.
The Buy-Back Program has engaged on a one-on-one basis with more than 80
Tribes regarding the Program to discuss mapping information, answer questions,
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collaborate on implementation and Tribal priorities, receive feedback on progress,
and detail how the Department will further engage landowners. These discussions
often covered scheduling, Tribal acquisition priorities, and appraisal processes,
among other topics.
Once the Program is ready to implement at a specific location, a TRA contacts the
Tribe. The TRA works with a Tribal point of contact throughout the implementation
process to represent the Program and facilitate implementation.
24. Is funding available to a Tribal nation through an agreement?
Historically, the Program used cooperative agreements and MOAs to obtain Tribal
participation in Program implementation. Cooperative agreements provided
funding primarily focused on landowner outreach and education. Tribes assisted
the Program with important components of implementation as the Program was
building up the necessary infrastructure and resources now in place.
At regular intervals, the Program assessed its remaining resources and made
improvements as needed. As the Program nears the end of its 10-year time period,
funding and time constraints are becoming more challenging. As announced in
January 2020, additional changes are necessary to increase efficiency and
flexibility while expending the remaining Fund. Included among these changes,
the Program has transitioned from cooperative agreements to MOA as the sole
means of formal cooperation with Tribes. This change has been made in
accordance with Departmental guidance to ensure the Program is operating as
cost-effectively as possible while maximizing the consolidation of fractional
interests, as MOAs do not involve the exchange of resources, such as funds.
The Program will continue to share landowner and land information with Tribes
through MOAs. Tribes may continue to use these resources to manage their land
and conduct planning efforts, in addition to supporting Program implantation
through landowner outreach. The Program continues to encourage active Tribal
participation at scheduled locations through MOAs.
The Program’s TRAs are responsible for working closely with each Tribe to help
reach a MOA with the Program, if desired by the Tribe. While funding is not
available for MOAs, they present an opportunity for the tribe to participate in
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Program implementation, and for tribes and the Program to collaborate on
outreach to landowners.
25. How does a Tribe prepare to enter into a memorandum of agreement with
the Program?
A TRA will contact each Tribe to discuss a potential memorandum of agreement
and will work closely with the Tribe to reach an agreement if desired. A guidance
document on the requirements is available through the TRA.
26. What is the typical duration for memorandums of agreement?
In general, agreements are designed to cover the duration of Program
implementation. Agreement lengths will vary and depend on the unique needs of
each location. The limited resources and time frame of the Program requires it to
operate temporarily at each location.
27. Will liens be imposed on interests acquired and transferred to Tribes?
No, unlike fractional interests previously acquired under the Indian Land
Consolidation Program, no liens are placed on interests that are acquired and
transferred to Tribal ownership under the Buy-Back Program.
28. What data does the Program have to aid in outreach and decisions about
Tribal acquisition?
Tribal representatives have pointed out that they need greater and simpler access
to landowner information to effectively conduct outreach and other land
consolidation activities. However, in order to release names and addresses of
landowners, as well as other data pertinent to an owner, the Program must follow
Federal information and privacy laws that restrict the disclosure of certain
information. For example, the Privacy Act requires that the Department of the
Interior (the Department) publish a System of Record Notice (SORN) in the Federal
Register. In early 2015, the Department published two updated SORNs associated
with key systems related to Buy-Back Program efforts. The Department also
developed a Privacy Act training and non-disclosure agreement (NDA) in
compliance with Federal regulations and began distributing this training and the
NDA to Tribes in July 2015. In order to receive landowner information from the
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Department beyond what may be disclosed in accordance with 25 U.S.C. § 2216,
Tribal staff must make a written request under 25 U.S.C. § 2216, complete the
Privacy Act training issued by the Department, and sign the Program’s NDA. As a
result of these measures, the Department may now share more detailed landowner
information to assist the Tribe with Program outreach.
The Program also works with Tribes to provide them with two ArcGIS
geodatabases that are accessible through the Bureau of Indian Affairs' (BIA) Data
Repository. There are tables within these databases that include tract
characteristics such as acreage, Tribal ownership percentage, individual
ownership percentage, fee ownership percentages, number of owners, resource
code, and legal description for Tribal and allotted trust tracts.
One of the geodatabases contains a digital representation of the Public Land
Survey System (PLSS) derived from the Bureau of Land Management’s official
survey records. The other geodatabase contains polygons of all mappable Tribal
and allotted trust tracts derived from legal descriptions in the Bureau of Indian
Affair’s Trust Asset and Accounting Management System (TAAMS). These two
geodatabases allow a Tribe to develop unique maps in the planning and
decisionmaking process related to land consolidation and acquisition.
In addition, Tribes may request large wall maps that depict Tribal and allotted trust
tracts and their associated Tribal ownership percentage to further assist in land
consolidation activities.
29. After Program implementation and consolidation, will the Program provide
the land deeds to Tribal governments?
No. In order to effectively implement the Program within the allotted time period
and in a large-scale manner, the Department of the Interior made an administrative
decision to automate the conveyance process to include the review and approval of
conveyances. The approved deeds are stored electronically in the Bureau of Indian
Affair’s Trust Asset and Accounting Management System (TAAMS). The Tribe can
request information contained within the deeds from the Bureau of Indian Affairs
(BIA).
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Landowner Participation
30. How can I get more information about the Buy-Back Program and my
fractional interests?
Landowners do not need to wait until the Buy-Back Program begins
implementation on their reservation to get more information. If you are interested
in learning more about your land, please visit the Program's website or call the
Trust Beneficiary Call Center at (888) 678-6836. For individuals who own
interests at scheduled locations, the Call Center can provide information on how
the Program works, the appraisal process, or financial training and resources to
think strategically about how to use funds you may receive. For landowners who
own interests at non-scheduled locations, the Call Center can provide information
on other alternatives for learning about and managing your land.
When you contact the Call Center, you should make sure your Individual Indian
Money (IIM) account information is current and let the operator know that you are
interested in selling your interests. The Call Center will need your name, Social
Security Number, IIM account number, and current address. The Call Center can
then identify you as a willing seller and will make sure your current name and
contact information (address, phone number(s), and email address) are on file.
Identifying yourself as a willing seller does not commit you to selling your land, nor
does it guarantee an offer will be extended; it merely identifies your desire to
receive an offer package and provides an opportunity for advance outreach and
information to be shared with you at the earliest possible time.
If you are interested in purchasing land from co-owners, please see the Co-Owner
Purchases section of this FAQ document.
It is important to get as much information as possible to make careful and
informed decisions about your land interests and estate planning options. For
more information, visit the Informed Decisionmaking page on the Program's
website.
31. What is Interior doing to ensure that landowners get timely information
about the Buy-Back Program?
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While the Program welcomes the active participation by Tribes, we recognize our
commitment to ensure that individual landowners have the information they need
to make informed decisions about their land.
The Program holds outreach events, runs advertisements in national and regional
media outlets, develops and airs Public Service Announcements on Tribal radio
stations, and works to achieve story placement in prominent Indian and regional
publications. In addition to the purchase offer package, each landowner typically
receives several postcards to alert them to the upcoming opportunity.
Landowners also receive a pamphlet prepared by the Indian Land Tenure
Foundation. The Program has also partnered with Tribal and allottee organizations
on events, publications and speaking opportunities to reach as many landowners
as possible.
32. How much will landowners be offered for selling their fractional interests?
Willing sellers will receive fair market value for the interests they choose to sell.
Fair market value is a type of value, stated as an opinion, as of a certain date, of
what a property would sell for in an open and competitive market and what a
ready, willing, and able buyer might pay for a property in the current market. The
Appraisal and Valuation Services Office (AVSO) within the Office of Policy,
Management and Budget will conduct an appraisal to determine the fair market
value for each tract of land that meets the criteria for purchase by the Program.
The value of timber and mineral estates will be incorporated. The value of specific
fractional interests will be based on the interest’s proportion to the whole tract.
More information is available in the Land Appraisals section of these FAQs.
33. What happens to fractional interests owned by individuals who are
Whereabouts Unknown (WAU) landowners?
Whereabouts Unknown (WAU) is the term used to describe Individual Indian Money
(IIM) account holders without a current address information on file. If a WAU
landowner who owns fractional interests is identified and has updated their
account information in TAAMS during an offer set (and thus are no longer WAU)
within the timeframe replacement packages are offered, and the identified WAU
owns eligible interests on a tract that received offers, the Program will then mail
the identified individual an offer for those interests.
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34. Do I have to sell my fractional land interest(s)?
No. Participation in the Buy-Back Program is voluntary.
It is your choice whether to sell some, all, or none of your fractional land interests.
If you choose to sell any portion of your interests, and your offer is approved, you
will be paid fair market value for your interests.
For more information, visit the Informed Decisionmaking page on the Program's
website.
35. If I choose to sell a fractional land interest, must I sell all interests included
in my offer?
No. You may decide to sell some, all, or none of the interests included in your offer
package.
For more information, visit the Informed Decisionmaking page on the Program's
website.
36. If I choose not to sell my interests, how do I make sure my heirs get this
land?
Bureau of Trust Funds Administration (BTFA)Office can provide more information
on estate planning options under the American Indian Probate Reform Act.
Information is also available on the BTFA's website. The Bureau of Indian Affairs
(BIA) has prepared two online resources on Understanding Probate and Estate
Planning to help landowners gather more information.
The BTFA has partnered with a number of Tribal organizations, legal aid services,
and law schools to help provide Indian trust beneficiaries with resources to assist
with estate planning. For more information, visit the Informed Decisionmaking
page on the Program's website.
37. What is the process for individuals to be able to sell their fractional interests
in land?
Once a reservation is scheduled for Buy-Back Program implementation and fair
market values have been determined, individuals owning fractional interests in
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eligible tracts on the reservation may receive a purchase offer package with the
required documents and instructions for selling their interests.
Information on selling fractional interests is distributed through direct mailings
prior to and during the actual Buy-Back Program implementation at each
reservation. Each landowner will also receive postcards alerting them to the
purchase offer and pending deadline.
A step-by-step video is available on the Outreach page on the Program's website to
help assist individuals with identifying critical information included in their offer
package and completing the necessary forms. Additional information is also
available in the Selling Your Land section of this document.
38. I share ownership of my fractionated tracts with additional landowners. Do
we all have to share in the purchase amount and/or do we all have to agree to
sell?
No. Each landowner who receives a purchase offer is being offered a specific
amount for their shares of fractionated land only. The offer amount listed on the
Purchasable Interests Inventory page is not split with any additional owners. Each
landowner makes their own decision about whether or not to sell.
39. If I sell some of my interests, can I later decide to sell more of them?
Be sure to carefully consider your decision before returning your documents for
processing. Once you submit your offer package, you cannot submit a duplicate
set of documents for additional interests that may have been included in the
Purchasable Interests Inventory that is part of your package. The Program cannot
process multiple sales for a landowner under the same offer set.
40. How can I change my address, name, and/or payment instructions?
Landowners should contact the Trust Beneficiary Call Center at (888) 678-6836 or
visit their Bureau of Trust Funds Administration (BTFA) office to update their
contact information, and to provide any special instructions for payment, such as
direct deposit. Changes should not be made on the offer package documents
themselves, as this can delay or prevent processing. Landowners are encouraged
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to set up direct deposit, so payment is securely transferred to a bank account and
available more quickly.
41. How does the Department assist landowners with financial education,
including elderly landowners or landowners who receive large payments?
It is important that landowners think strategically about how to use the funds they
receive from selling their fractional interests as these one-time payments may be
large, and lease income generated from these lands will no longer be received by
the seller. The Program encourages landowners to understand their options and
provides resources to assist with decisionmaking.
The Bureau of Trust Funds Administration (BTFA), in collaboration with First
Nations Development Institute (FNDI), provides financial training that includes but
is not limited to budgeting, investing, planning for the future, fraud scams, power
of attorney risks, and what landowners can do on day one with a large payment. In
addition, this financial training encourages landowners to confirm the status of
their Individual Indian Money (IIM) account (e.g., voluntary hold or unrestricted /
auto-disburse, check or debit card or direct deposit, names and addresses are
proper and current) before Buy-Back Program funds are posted to the account and
held on deposit or disbursed.
For more information on financial awareness, landowners can visit their nearest
BTFAoffice, call the Trust Beneficiary Call Center at (888) 678-6836, find more
information on the Informed Decisionmaking page or visit the BTFA's website.
If you know that someone is taking advantage of a landowner or elder, you should
report this activity to local law enforcement.
42. The Program is not currently scheduled to come to my location – is there
any way I can participate as a landowner?
The Program plans to evaluate its resources and progress on an ongoing basis to
determine if sufficient resources exist so that they might be utilized at additional
locations. In the meantime, interested landowners should call the Trust
Beneficiary Call Center at (888) 678-6836 and indicate that they are a willing
seller and/or to update contact information. Identifying yourself as a willing seller
does not commit you to selling your land, nor does it guarantee an offer will be
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extended; it merely identifies your desire to receive an offer and provides an
opportunity for advance outreach and information to be shared with you at the
earliest possible time.
Even if you are not able to participate in the Program, it is important to consider
how to best utilize the property during your lifetime and how to most efficiently
pass it to your intended beneficiaries upon your death. There are certain Federal
rules and Tribal codes that govern the estate planning options that may be
available to you and some of these options cannot be rescinded or changed after a
decision is made. Thus, it is critically important to get as much information as
possible to make careful and informed decisions about your land interests and
estate planning options.
For more information, visit the Informed Decisionmaking page on the Program's
website.
43. Are funds from the sale taxable?
No. Under the Internal Revenue Service Ruling 57-407, income derived by an
Indian from the sale of trust property is not subject to Federal Income Tax.
However, although the funds from the sale itself are not taxable, any income
earned off the trust income would potentially be taxable.
44. Will funds from the sale be considered a source of income that affects my
ability to participate in assistance and social service benefit programs?
Under the Claims Resolution Act of 2010, Pub. L. No. 111-291, Section 101(f), Buy-
Back Program payments are considered tax exempt. Also, for a one-year period
starting on the date you receive payment, the payment will not impact benefits you
receive or are eligible to receive under any Federal or Federally-assisted program.
If you receive non-Federal benefits, contact the providing office to see if your
benefits could be impacted by the payment. Be sure to make the office aware of
the Claims Resolution Act of 2010, or provide a copy of your offer letter.
45. Will the sale affect my Social Security Income?
Under the Cobell Settlement, funds received from Program sales are excluded
from impacting Social Security Income for a period of one year from the date of
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receipt. Funds retained in an Individual Indian Money (IIM) or bank account longer
than one year will be counted as a resource when income is verified for the Social
Security income benefit. Landowners may contact the Trust Beneficiary Call
Center at (888) 678-6836 to receive more information about Social Security
Income reporting responsibilities, or their local Bureau of Trust Funds
Administration (BTFA) office for assistance.
46. What happens to my Individual Indian Money (IIM) account after I sell?
If you sell all interests that you own, then your IIM account may be closed, because
selling your owner interests in tracts of land that produce revenue means that you
will no longer receive revenue from those tracts. Please note that the account may
only be closed after you receive payment for the sale of all of your interests and
there are no other reasons that your IIM account should remain active. You will
receive one final Statement of Performance showing the transaction of sale to the
Tribe. If you inherit new interests and your account was closed, your IIM account
will be re-opened with the same account number. If you retain some of your
interests, your IIM account will remain open and you will continue to receive your
Statement of Performance showing the land interests you retain and any income
generated as a result of those interests.
47. What happens if I own land at several different locations?
Offers are generated by location. If you own land on more than one reservation,
you may receive multiple offer packages over the course of the 10-year Buy-Back
Program.
48. Why do landowners who sell their interest(s) receive a base payment?
The Buy-Back Program provides landowners with a base payment of $75 per offer,
regardless of the value of the land, to reflect the estimated time and effort
required for individual landowners to complete their conveyance documents.
49. Can you tell me if my relative is going through with the sale or how much
they received? Can my spouse or other relative call in for me?
No. The Privacy Act of 1974 prevents us from sharing personal information without
written permission from the individual landowner.
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Land Appraisals
50. How is the value of the land determined?
An appraisal is the act or process of developing an opinion of market value. Fair
market value determinations for the Buy-Back Program are performed by licensed
appraisers. The determination of value is developed and reported by a licensed
appraiser who researches many factors, including location, local market sales
transactions and patterns, condition of the property, zoning, and land use controls.
One of the methods to calculate an accurate value is to use sales of comparable
properties located near the subject property, which have recently sold. The
subject property is compared to the sales to see how it aligns or differs with the
comparable sales. Factors which may include size, location, access, utilities,
productivity, etc. The appraiser then analyzes and makes adjustments to
compensate for differences between the comparable sales and the subject
property, and reconciles for a final opinion of value.
The appraiser values land as if it is not fractionated (i.e., held by a single owner),
vacant, and in fee status. The amount offered for purchase of individual interests
in trust or restricted fee lands is based on the fair market value of the tract.
51. What is fair market value?
According to the Uniform Appraisal Standards for Federal Land Acquisitions
(UASFLA), fair market value is the amount in cash, or on terms reasonably
equivalent to cash, for which in all probability the property would have sold on the
effective date of value, after a reasonable exposure time on the open competitive
market, from a willing and reasonably knowledgeable seller to a willing and
reasonably knowledgeable buyer, with neither acting under any compulsion to buy
or sell, giving due consideration to all available economic uses of the property.
In other words, fair market value is the amount in cash, or on terms reasonably
equivalent to cash, for which a property would have sold in an open and
competitive market, from a willing and knowledgeable seller to a willing and
knowledgeable buyer.
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52. Is the fair market value the same for each tract in which I have an owner
interest?
No, each tract is valued individually. The fair market value may vary for a tract
depending on a variety of factors, which usually includes but is not limited to, land
use, location, acreage, access, and local market conditions. For example, you may
own an interest in a 50-acre agriculture tract that is planted in dry crop (wheat).
You might also own an interest in another tract that is a 50-acre agricultural tract,
but this tract is an irrigated apple orchard. Upon researching the market, the
appraiser may find comparable sales at $3,000 per acre for irrigated apple
orchards and $500 per acre for dry crop.
53. Why is the Buy-Back Program using mass appraisal techniques?
The breadth, scale, limited funding, and limited life-span of the Program provided
for the use of mass appraisal methods where appropriate. Such use results in
greater efficiency and consistency in valuations, enabling the Program to value
many tracts of land at the same time and entails detailed data for each tract of
land. The Mass Methodology ensures effective, efficient, and expeditious use of
the Trust Land Consolidation Fund.
The Program uses mass appraisal techniques to appraise homogeneous, non-
complex, vacant lands that have comparable land sales available. In many highly
fractionated Indian ownership locations, it is common to have agricultural
properties that are similar in use and have active / consistent markets or
comparable sales data that the Program uses in its appraisals. The Program will
use the mass appraisal approach in these situations as appropriate.
The Program will not use mass appraisals for commercial or other lands within
urbanized zones where greater variation and complexity may exist.
54. What reviews has the Program undertaken to evaluate its appraisal
methods?
Appraisal methods used by the Buy-Back Program conform to the Uniform
Standards of Professional Appraisal Practice (USPAP) and the International
Association of Assessing Officers (IAAO). This ensures that there is no subjective
analysis or conflicts of interest in the Program’s appraisal process.
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To ensure that the valuation methods and techniques meet industry standards, the
Department also obtained a third-party review of its valuation techniques from The
Appraisal Foundation (TAF). TAF is a non-profit, non-partisan organization,
authorized by Congress, dedicated to the development of appraisal standards in
the United States and to establishing qualifications criteria for appraisers.
In addition to its determination that the Department's Valuation Plan represents a
methodologically sound approach to meeting the requirements of the Buy-Back
Program, TAF also provided a set of recommendations to further strengthen the
Program. The Department responded to those recommendations, which have been
adopted and incorporated into the Valuation Plan. In 2015, TAF reviewed the
implementation of the Program's appraisal method (the working mass models).
The final report contained the conclusions and recommendations regarding the
appraisal services plan for providing USPAP-compliant appraisals relative to the
Buy-Back Program.
The Program will again coordinate with TAF in Fiscal Year (FY) 2019 to evaluate the
2016, 2017, and 2018 mass appraisal models. This project will include independent
evaluation and analysis of the applicability of USPAP Standards 5 and 6 and the
IAAO standards relevant to the valuation of lands.
TAF’s analysis, the Department’s response to specific recommendations, and the
plan outlining the Program’s appraisal methodologies, are available on the
Valuation page on the Program’s website.
55. When are the appraisals for the Buy-Back Program completed?
Appraisals are completed as close to the offer date as can be reasonably managed
for each location. The appraisal completion date will vary for each location
depending on the schedule.
56. What is the tract appraisal date and where can I find this date?
The fair market value for a tract of land is as of a specific date, known as the tract
appraisal date. The appraiser’s opinion of value is determined and applied on the
appraisal date only. This date is included in a purchase offer package on the
Purchasable Interests Inventory. Landowners may request a copy of the appraisal
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report(s) by contacting their local Bureau of Trust Funds Administration (BTFA)
officeor by calling the Trust Beneficiary Call Center at (888) 678-6836.
Landowners are encouraged to consider the tract appraisal date of the valuation in
order to evaluate the appraisal completed for the Program.
57. Where can I find out what the fair market value is for each tract included in
my offer?
This information can be found within the Purchasable Interests Inventory, which is
included with the purchase offer package.
58. How can I receive a copy of an appraisal report?
If you would like to request a copy of an appraisal report for any appraised tract in
which you have an owner interest, contact the Trust Beneficiary Call Center (888)
678-6836 or visit any Bureau of Trust Funds Administration (BTFA)office. Upon
confirmation of land ownership status, the Call Center / BTFAwill determine
whether an appraisal report is available and if so, the report will be sent to you.
If an appraisal was not completed, the tract may not have been appraised due to a
variety of reasons, including: the tract was unable to be mapped; the tract could
not be mass appraised; or the tract did not include eligible interests.
59. Will individuals be able to negotiate the value of the land?
No. Due to implementation time and cost constraints as set forth by the Cobell
Settlement Agreement, the Program does not have the time or resources to
negotiate each sale price. If an owner is not satisfied with the amount offered for
the sale of their interests, he/she may decline to sell. Additionally, individuals can
sell some of their interests but keep others.
60. I previously received a Buy-Back Program offer and recently received a new
offer. Why has the fair market value of my land changed?
The Program is returning to several locations where implementation occurred
during the early years of the Program. The Program is performing new appraisals
for those locations. The appraisals will have a new effective date and, like previous
appraisals, will be compliant with Uniform Standards of Professional Appraisal
Practice (USPAP).
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The fair market value of your land may have increased or decreased since the
location’s initial implementation. Changes may be due to one or more of the
following: changes in the tract’s highest and best use (HBU), market changes (e.g.,
supply/demand), natural causes (e.g., flooding, fires, drought), and changes in
ownership. For example, a change in HBU could be an instance where a real estate
property was agricultural, but then the property was partitioned and homes were
built on the land. The HBU would change from agricultural to residential.
61. I previously received a Buy-Back Program offer and recently received a new
offer. Why do the interests included in the new offer differ from my previous
offer?
The Program is returning to several locations where implementation occurred
during the early years of the Program. Some interests included in your previous
offer may no longer be included in your offer for one of the following reasons:
Tractsin which you own interests are no longer eligible for purchase. See FAQ
11 for tract eligibility requirements. Examples include:
Tractsin which you own interests were not appraised. Tracts appraised
during a location’s first round of implementation may not have been
appraised as part of the second round of implementation.
Tractsof land in which you own interests are not cost-effective. In order
to maximize use of the remaining fund, the Program now focuses on
cost-effective acquisitions; tracts that are significantly more expensive
than other tracts at the location may be excluded from offer sets.
Interestsmay no longer be eligible for purchase through the Program. See
FAQ 12 for interest eligibility requirements.
In addition, the new offer may include interests that were not a part of a previous
offer.
62. How does the Buy-Back Program define improvements?
Improvements are buildings or structures located on or attached to the land.
Please see the Mineral Rights, Tracts with Improvements, & Water Rights section
of these FAQs for further details.
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63. Will improvements be valued in the appraisal?
All tracts of land, regardless of whether there is an improvement located on it, are
appraised as vacant. Improvements (such as houses) are not valued or included for
purchase in Program offers, but are considered in determining the fair market
value of the underlying tract of land. Typically, improvements to land, such as
sidewalks, roads, sewers, utilities, etc., enhance the property’s usability.
Improvements to the land are taken into consideration in determining the highest
and best use of the land. For example, it is possible that the improvements to land
such as utilities and a road might alter its highest and best use (e.g., residential
versusagriculture).
64. What does “highest and best use” mean?
“Highest and best use” refers to the most probable and legal use of vacant land or
an improved property that is physically possible, financially feasible, and
appropriately supportable from the market to yield the highest possible value.
65. Will my offer amount be increased if I own an improvement?
Not necessarily. Improvements are not valued or included for purchase in Program
offers, but are considered in determining the fair market value of the underlying
tract of land. Offers for fractional interests will not include any separate amount
for the improvement because the improvement is non-trust property, and the Buy-
Back Program is not acquiring such property.
Co-Owner Purchases
66. What is a co-owner purchase?
Co-owner purchases are transactions between individual owners of undivided
interests in a tract of trust or restricted fee land. These transactions can occur at
any time at the initiative of the individual owners, and should be distinguished
from purchases by individuals of co-owner interests already acquired by the
Secretary of the Interior and restored to Tribal ownership.
67. How can I move forward with a co-owner purchase?
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The Program encourages co-owner purchases and is increasing landowner
awareness regarding the availability of appraisals. Contact your local Bureau of
Indian Affairs (BIA) office for assistance with co-owner purchases. If the Buy-Back
Program has appraised your land, appraisal reports are available through the Trust
Beneficiary Call Center at (888) 678-6836.
68. How do I contact the co-owners of the land in which I have an interest?
By submitting a written request to the local Bureau of Indian Affairs (BIA) office,
you may obtain the names and mailing addresses of the owners of any interest in
trust or restricted fee lands on a particular reservation, including the percentage
of undivided interest owned by each individual.
Mineral Rights, Tracts with Improvements, & Water Rights
69. May an individual who only owns mineral interests / rights sell?
Yes, a landowner who owns only mineral interests / rights and receives an offer
package may sell those interests / rights through the Buy-Back Program to the
Tribe with jurisdiction.
70. May a seller retain ownership of mineral interests / rights while selling the
surface interest in a Both (B) tract?
No. The Buy-Back Program will only purchase the whole ownership interest in B
tracts (Mineral and Surface), which supports the Program’s goal of consolidating
fractional interests. The Program is not severing mineral rights from the surface
rights for B tracts. If an owner receives an offer including interests on some S
tracts and some B tracts, the landowner can decide which specific interests to sell.
71. Will my mineral interests / rights be included in the valuation?
Yes, if there are mineral interests / rights associated with a property, they will be
included in the valuation process. Please note, these rights may have nominal to
no commodity value if there are no minerals with economic value or if there is no
market for the mineral commodity. For those situations where the mineral
interests / rights have nominal or no commodity value, an administrative payment
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of $7.50 per acre will be included with the total value of the land to account for the
conveyance of the mineral interests / rights.
The Department’s Division of Minerals Evaluation (DME) conducts mineral
assessments in three stages. Stage 1 tracts do not contain minerals of current
economic value or development potential within the foreseeable future. Stage 2
tracts do not currently have mineral production but have potential for economic
mineral production, may have an active lease, or are located in an area with active
production or leasing and require more research, data, and time to estimate. Stage
3 tracts are associated with known commodity reserves and/or are currently
producing mineral revenue and require intensive analysis. Currently, the Program
only makes offers on Stage 1 tracts (it does not value tracts that contain Stage 2 or
Stage 3 minerals or make offers on these tracts).
In addition to the three mineral stages, the Program uses an internal
administrative designation for tracts that cannot be located (due to Trust Asset
and Accounting Management System legal description discrepancies) and for
tracts with a surface estate that have indications of a mineral activity in the
underlying mineral estate.
72. Will my timber be included in the valuation?
Yes, if there is timber associated with a property, the timber will be included in the
valuation process. A property with very little timber present and/or if there is no
market for the timber, may lead to no value for the timber. However, in a case
where the property has a large timber stand and there is an active market, this
may allow for a value of the timber. As of September 2017, less than four percent
of the appraised land had a timber land use type.
73. Why is the Program paying a $7.50 per acre administrative payment for
interests in Stage 1 mineral tracts?
The $7.50 per acre amount continues the past practice of the Indian Land
Consolidation Program (ILCP), in which an administrative payment of $7.50 per
acre was provided for mineral rights determined to not have a current economic
value contribution to the overall value of the property. The payment is not based
on the value of the commodity (because the tract is determined not to have
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minerals of current economic value), but instead is intended as a payment to
compensate for conveying mineral rights.
74. Why might a tract be determined to have minerals with no economic
contribution to overall value (Stage 1)?
A designation of Stage 1 means that there is no present likelihood of revenues
being generated through the leasing or sale of a mineral commodity from the
lands held by the mineral rights. This may be due to one or more of the following
circumstances:
Thesize or type of geologic occurrence;
Limitingfactors such as distance from roads, power, water, or regional
markets;
Insufficient demand from buyers;
Technical reasons why the deposit cannot be mined (e.g., the deposit is too
deep or the quality is not usable); or
High costs associated with permitting, testing the minerals, and buying
equipment.
Any of these issues may keep a mineral from having revenue potential. Without
revenue potential, the minerals have limited opportunity to provide any
contribution to the value of the tract of land.
75. Who makes the determination of whether minerals of current economic
value exist?
The Division of Minerals Evaluation (DME) within the Appraisal and Valuation
Services Office (AVSO) is responsible for evaluating the existence of economically
viable minerals. The professional geologists, minerals economists, and engineers
in DME extensively review the known geology of a location to determine if minerals
are known to exist, evaluate mining activity in the area of that tract, identify
markets for any known minerals and whether extraction of any minerals can be
completed cost effectively. Most tracts will not have minerals of current economic
value; where tracts are identified that may have current economic mineral value,
those tracts are set aside because further analysis would be required to begin to
estimate the economic value of the minerals.
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76. If a person believes there is something valuable beneath the surface of their
land, are they responsible for obtaining a separate valuation?
No, the landowner is not responsible for obtaining a separate valuation. The
Federal Government conducts a detailed analysis to ensure that the offer amount
reflects fair market value for the tract (surface and subsurface rights). Mineral
values are considered in the highest and best use scenario for tracts with a
combined estate (Mineral and Surface) and through the analysis of past and
current land sales of similar properties. The owner of any mineral rights may also
perform whatever analysis they would like to determine whether they agree with
the offer amount.
Owners must make a decision over whether they think the mineral rights will
eventually have value. The Buy-Back Program relies upon the best data available
to evaluate mineral economics, and a determination that no current economic
value exists for minerals interests is based on solid research and analysis. It is up
to interest owners to determine whether to accept their purchase offer, or take a
chance on future discoveries or changes to the market.
77. Will the Buy-Back Program purchase interests located outside reservation
boundaries, including off-reservation interests?
The Program will only purchase off-reservation interests in limited circumstances
in its discretion. Off-reservation trust lands acquired by the Department of the
Interior have the potential to raise jurisdictional uncertainties in local communities,
and changes in economic and other conditions can have significant impacts on the
immediate and surrounding communities. Considering the complicated challenges
with off-reservation trust lands and the number of fractional interests within
reservation boundaries, the Program will generally avoid implementation for off-
reservation tracts and will only acquire fractional interests in trust or restricted
fee land for off-reservation tracts at scheduled locations in certain limited
circumstances in its discretion where:
Tribal jurisdiction exists;
Acquisition meets the Program’s implementation factors (severity of
fractionation, degree of ownership overlap, geographic location, appraisal
complexity, Tribal interest, willing sellers, and cost / time efficiency); and
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Resources allow.
78. Are improvements located on trust land considered trust property?
No, the Department considers improvements to be non-trust property.
Improvements are not included for purchase in Program offers, but are considered
in determining the fair market value of the underlying tract of land.
79. May I sell my improvements to the Buy-Back Program?
No, the Program will be acquiring fractional interests only in land, not in the
improvements themselves. Improvements are not valued or included for purchase
in Program offers, but are considered in determining the fair market value of the
underlying tract of land.
80. Will the Buy-Back Program affect me if I have a lease on any of the tracts in
which I have an owner interest?
Due to the complexity and different leasing terms, please contact your local BIA
Realty Office for more information.
81. Can I sell my land if I own a home on that land?
Yes, the Program may extend offers on tracts with structures if a lease (including a
residential lease, sometimes referred to as a homesite lease) is recorded by the
Bureau of Indian Affairs (BIA). Landowners who do not have a lease should contact
their local BIA Realty Office to inquire about the process.
In the case of tracts without a recorded lease, the Tribe with jurisdiction over the
land must provide a Tribal resolution to the Program prior to offers indicating that
the Tribe will provide lease opportunities to individuals living on the land.
82. If I live in or own an improvement on trust or restricted fee land, should I
have a lease?
Yes, a lease provides clarity on the use of the land and any improvements. You may
obtain a lease from the co-owners of the trust and restricted fee interests in the
land, unless all of the owners have given you permission to take or continue in
possession without a lease. The Code of Federal Regulations provides detailed
leasing requirements. See Title 25, Part 162, of the Code of Federal Regulations,
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especially the general lease provisions (at Subpart A) and those regarding
residential leases (at Subpart C).
83. If I want to obtain a residential or business lease, how many of the
landowners on the tract(s) must consent?
As indicated in the below table, the answer depends on the number of individual
owners who have an undivided ownership interest in the allotted tract of land. For
additional details, see 25 U.S.C. § 2218.
Ownershi p and Consent
84. I want to obtain an agricultural lease, how many of the landowners on the
tract(s) must consent?
1 – 5
Number of undivided interest owners
90 percent
Required percentage of ownership that
must consent in writing
6 – 10
Number of undivided interest owners
80 percent
Required percentage of ownership that
must consent in writing
11 – 19
Number of undivided interest owners
60 percent
Required percentage of ownership that
must consent in writing
20 or more
Number of undivided interest owners
50 percent
Required percentage of ownership that
must consent in writing
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An agricultural lease of a fractionated tract may be granted by the owners of a
majority interest in the tract, subject to Bureau of Indian Affairs (BIA) approval.
Majority interest means more than 50 percent of the trust or restricted fee
interests in a tract of Indian land. For additional details, see 25 CFR § 162.207.
85. If I want to obtain a right-of-way, how many of the landowners on the
tract(s) must consent?
To obtain a right-of-way, you must obtain written consent from the owners of a
majority interest in each tract affected by the grant of right-of-way, with certain
exceptions noted in the regulations. Majority interest means more than 50 percent
of the trust or restricted fee interests in a tract of Indian land. Additionally, if the
Tribe owns any fraction of the tract, you must also obtain the consent of the Tribe.
For additional details, see 25 C.F.R. § 169.107.
86. Am I eligible to receive an offer if I have outstanding debt on improvements
that are located on the land that I want to sell?
Yes, you are eligible to receive an offer. The Department does not maintain nor
conduct any inventory on improvements, as they are non-trust property. Therefore,
any debt or any other existing agreements regarding improvements will not be
considered when making any offers. Any outstanding debt or contractual
agreements for improvements will remain the responsibility of the improvement’s
individual owner.
87. Am I eligible to receive an offer if my land has an improvement that is
uninhabited?
The Program’s policy for improvements is the same regardless of whether or not
they are inhabited. Improvements are not valued or included for purchase in
Program offers, but are considered in determining the fair market value of the
underlying tract of land.
88. Are water rights considered for agriculture or other purposes of the land?
The availability and accessibility to water is evaluated when determining the fair
market value of a property. For example, there may be two adjacent properties,
one with irrigation and the other without any water infrastructure. The property
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with availability and access to water, plus the infrastructure, would have a land use
of irrigated farmland, while the other might be classified as dry farmland or range.
89. Do my water rights transfer to the Tribe upon sale?
Generally, if water rights are clearly attached to your interest, those water rights
pass with the title to the Tribe upon their acquisition.
Selling Your Land
90. What is included in the purchase offer package?
A purchase offer package includes the following:
Cover Letter: The cover letter outlines offer package contents, key dates,
terms and conditions. Key dates include the cover letter date and the deadline
accepted offers must be returned by for consideration.
Instructions: The instructions explain how to correctly fill out the documents
necessary for the sale of your fractional ownership interests. Be sure to read
the instructions carefully before completing any of the documents.
Deed: The deed is the legal document for the conveyance of any fractional
ownership interests you choose to sell, as reflected on the Purchasable
Interests Inventory included in the offer package. Completing and returning
the deed and Purchasable Interests Inventory signifies your acceptance of the
Purchase Offer in whole or in part. If you decide to sell some or all of your
interests, you must sign your name exactly as it is typed on the deed in front
of a Notary Public, and the Notary must completely fill out and place their
seal on the lower portion of the deed.
Purchasable Interests Inventory (Inventory): The Inventory lists your
ownership interests in each tract of trust or restricted fee land that is eligible
for purchase under the Buy-Back Program at a given location, and the value of
your interests in each tract as of a certain date. There are two parts to the
Inventory: a SUMMARY and a DETAIL section. Additional information,
including a legal description of each tract is included in the DETAIL section.
Use the “Item” number for cross reference between the SUMMARY and the
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DETAIL sections. If you decide to sell some or all of your interests, all pages
of both sections of the Inventory must be returned.
Map(s): Maps show the general location of the tracts of land in which you
own fractional interests.
Self-Addressed Return Envelope: The Package includes an envelope to allow
you to return the completed Purchase Offer free of charge for processing by
the Bureau of Indian Affairs (BIA).
The Buy-Back Program’s website has a section to help landowners become
familiar with offer package materials on the Accept an Offer page on the
Program's website. Landowners may also view and print guides on How to
Complete the Buy-Back Program Deed and Inventory. In addition, a step-by-step
video is available on the Outreach page on the Program's website to help assist
individuals with identifying critical information included in their offer package and
completing the necessary forms.
The Trust Beneficiary Call Center, (888) 678-6836, is also available to provide
information and answer questions Monday through Friday, 7:00 am to 6:00 pm, and
Saturday, 8:00 am to noon, Mountain Time.
The Indian Land Tenure Foundation has produced a useful pamphlet to help
landowners walk through offer package documents.
91. What do I do when I receive a purchase offer package?
There are five key steps to take when considering your purchase offer:
First, review the offer and due date, and decide if you are interested in
participating in the Buy-Back Program. If you are not interested, no further
action is necessary.
If you are interested in participating, review the deed to assure your name,
address, ID number, and date of birth are correct. If any of this information is
incorrect or needs updating, do not complete and return the documents.
Instead, immediately contact the Trust Beneficiary Call Center at (888) 678-
6836 or visit your local Bureau of Trust Funds Administration (BTFA)office to
get any necessary corrections made, after which you will be provided with a
new purchase offer package.
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Review the Purchasable Interests Inventory (Inventory) and decide which
listed interest(s) you wish to sell. After carefully weighing your decision, fill in
the bubble adjacent to each ownership interest you wish to sell, or select the
“Sell All Tracts” bubble if you wish to sell all interests. For additional
information, visit the Informed Decisionmaking page on the Program's
website.
In front of a Notary Public, sign the deed exactly as your name is typed below
the signature line. A Notary Public is required to confirm your identity,
validate the signature, and serve as the official witness. A current Tribal,
state, or Federal ID with a picture of the holder (for example a driver’s license)
is required. Make sure the Notary Public completely fills out and places a
visible seal on the lower portion of the deed. You can contact your local
Bureau of Indian Affairs (BIA) or Bureau of Trust Funds Administration
(BTFA)office for information about how to find a notary.
Return all pages of the offer package with a bar code at the bottom, including the
original signed and notarized deed and all pages of the Inventory (both the
SUMMARY and the DETAIL sections), in the self-addressed, postage paid envelope
provided. You must return the original documents in order for the sale to be
processed. As previously noted, acceptance of returned offer packages is
contingent on the availability of funding, meaning the approval of offers and
subsequent payments to landowners is not guaranteed. It is important for you to
return your offer by the date noted in your offer package documents for it to be
considered in time.
92. Does my deed need to be notarized in the state in which my ownership
interests are being sold?
No, the deed may be notarized in any state. You can contact your local Bureau of
Indian Affairs (BIA) or Bureau of Trust Funds Administration (BTFA)office for
information about how to find a notary.
93. What are the notary requirements if I reside outside of the United States?
Notary requirements may vary by country, province, etc. If you reside outside of
the United States, you will need to comply with the notary process requirements of
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your country of residence should you receive a purchase offer package and decide
to sell some or all of your interests.
94. Can I make changes to the deed?
No. The deed is a legal document. It must be filled out neatly and completely.
White out, cross outs, or stray markings will void the document. If necessary, a
new deed may be requested. The Trust Beneficiary Call Center can assist with
fulfilling this request at (888) 678-6836.
95. Will I get a copy of the deed that I returned?
No, a copy of the approved deed will not be sent to you after the conveyance is
completed, but you may make a copy of the original documents before returning
them for processing. After the conveyance is complete, you may also request a
copy of the deed from any Bureau of Indian Affairs (BIA) Realty Office.
96. Will I be contacted when the sale/conveyance is complete?
Upon approval of a sale, an Acknowledgement Notice will be mailed to each seller.
Offer approval and landowner payments will occur after the return-by-date has
passed. It may take up to 60 days after the return-by date to complete the sale.
The Acknowledgment Notice specifies the total amount deposited to the seller’s
Individual Indian Money (IIM) account including the payment for interest sold and
the $75 base payment.
If your offer cannot be approved, you will receive a notification letter and retain
ownership of your relevant interests.
97. Will the tracts listed on my Purchasable Interests Inventory be the same as
those listed on my Statement of Performance?
The Buy-Back Program may not make an offer on all of the interests that you own.
The Purchasable Interests Inventory will only list those tracts that the Program is
offering to purchase.
98. How will I receive my payment?
Landowners who choose to sell their fractional land interests and submit
completed offer packages, receive payments directly into their Individual Indian
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Money (IIM) accounts. Final offer approval and landowner payments will occur
after the return-by-date has passed. It may take up to 60 days after the return-by
date to process and complete the transaction. Once an unrestricted IIM account’s
balance reaches $0.01 for electronic transfers and $5.00 for all checks, the Bureau
of Trust Funds Administration (BTFA)automatically sends the funds to the
landowner using one of the following means:
Electronically transfers the funds to the landowner’s account at a financial
institution;
Electronically transfers the funds to the landowner’s personal debit card
account at Money Network Debit Card (U.S. Debit Card Program); or
Mails a check to the landowner’s address on file.
Alternatively, a landowner may also place a voluntary hold on their IIM account,
and funds in the IIM account will continue to earn interest. A landowner may then
provide instructions for disbursement of funds or electronic fund transfer to an
account at a financial institution, set up a debit card account, or remove the
voluntary hold on their account.
The Program encourages landowners to utilize electronic fund transfers from their
IIM account to an account at a financial institution. This approach is a fast,
efficient, and safe payment option that avoids the risk of lost or stolen checks, or
delays through the postal service. If a check is lost or stolen, it may take up to 15
months to receive a replacement check. The simplest way to utilize electronic
fund transfers is to set up a deposit directly from a landowner’s IIM account to
their account at a bank, credit union, or other financial institution. Landowners
may also receive their funds electronically through automatic transfers to a
personal debit card account at Money Network Debit Card (U.S. Debit Card
Program), even if they do not have an account at another financial institution.
Landowners with a debit card may use the card to make purchases at locations
that accept the debit card and withdraw cash at ATMs (certain fees may apply).
Landowners may provide instructions for electronic fund transfers to their account
at a financial institution or enroll in the debit card program by calling the Trust
Beneficiary Call Center at (888) 678-6836, contacting theirFiduciary Trust
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Officer, or contacting their local Bureau of Trust Funds Administration
(BTFA)office.
99. I need more specific information about my land ownership interests. Where
can I obtain additional assistance?
Individuals may contact the Trust Beneficiary Call Center at (888) 678-6836 for
more information about their interests, or visit the local Bureau of Indian Affairs
(BIA) or Bureau of Trust Funds Administration (BTFA)office for further assistance.
100. Who did I inherit interests from?
Individuals may contact the Trust Beneficiary Call Center at (888) 678-6836 for
assistance in determining who their interests were inherited from.
101. How long do I have to decide whether to sell all or some of my interests?
Purchase offers are valid for at least 45 calendar days from the date of the Cover
Letter in the offer package. Signed and notarized deeds and the corresponding
Purchasable Interests Inventory must be notarized and mailed by the deadline
indicated in the Cover Letter. Landowners are strongly encouraged to review their
land interests and consider if they are interested in participating in the Buy-Back
Program prior to receiving their purchase offer.
102. What if I change my mind about selling?
Be sure to carefully consider your decision before returning your documents for
processing. Selling your owner interests in tracts of land that produce lease
income means that you will no longer receive that income. Once your documents
are processed, the conveyance is approved, and funds are transferred into your
Individual Indian Money (IIM) account, the sale is final.
103. What happens if I return my package and it is incomplete?
In order for your package to be processed, the required documents must be filled
out correctly and returned to the Program by the date indicated in the Cover
Letter. Required documents include all pages of the package with a barcode at the
bottom (both the SUMMARY and DETAIL sections of the Purchasable Interests
Inventory, and the original signed and notarized deed). If any of the required
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documents are missing, or if the documents are filled out incorrectly, the Program
may provide you with new documents to complete if sufficient time remains in the
offer period. If your documents cannot be processed and there is insufficient time
to provide you with new documents before the deadline, your sale will be declined.
You will receive notice of that decision and retain ownership of your relevant
interests. For this reason, if you choose to sell, you should return your documents
as soon as possible.
104. How long will it take to process my sale?
In the Program’s final years of operations, offer approval and acceptance by the
Program is contingent on available funding. The determination of available
funding will occur shortly after the return-by date indicated in the Cover Letter.
Please allow up to 60 days after the return-by date for your offer to be approved
and the sale to be completed, after which you will receive an Acknowledgment
Notice and payment will be deposited into your Individual Indian Money (IIM)
account.
If your offer cannot be approved, you will receive a notification letter and retain
ownership of your relevant interests.
105. What if I miss the deadline to accept my offer?
If you received a purchase offer package and missed the deadline, you may return
your completed offer documents but there is no guarantee that they can or will be
processed. The Program will review and consider late submissions for processing
if capacity, appraisals, and the availability of funds allow. It is important for you to
return your offer by the date noted in your offer package documents for it to be
considered in time.
106. What can I do if I lost or made a mistake on my offer package, or if my
personal information is incorrect on the deed?
Landowners should ensure that their Individual Indian Money (IIM) account
(including name, address, and date of birth) is up-to-date prior to an offer period so
that if a purchase offer is received, it reflects accurate information. You can call
the Trust Beneficiary Call Center at (888) 678-6836 or contact a local Bureau of
Trust Funds Administration (BTFA)office to make sure your information is up-to-
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date. Replacement or reprinted offer packages are only available within a certain
time frame during the offer period – beginning five business days after the offer
package Cover Letter date, and ending five business days prior to the "Return-By"
date indicated in the Cover Letter. You can obtain a replacement or reprinted offer
package during this period at a local BTFAor Bureau of Indian Affairs (BIA) office,
or by calling the Trust Beneficiary Call Center at (888) 678-6836. If you are
unsure where your local BTFA or BIA office is located, the Trust Beneficiary Call
Center can assist.
If a reprint is not available and you are unable to participate in the Program, you
may want to consider various estate planning options. You can visit your local
BTFA office to learn more about these options, explore the Informed
Decisionmaking page on the Program's website, or review the Estate Planning and
Probate - Informed Decisionmaking section of this FAQ document.
107. What will my Tribal government do with consolidated land?
If you chose to sell some or all of the fractional interests described in your
purchase offer package, the interests sold are immediately transferred to, and
held in trust for, the Federally recognized Tribe that exercises jurisdiction over the
land involved. The Tribe becomes a co-owner with the other remaining individual
owners of the tract(s) involved, if any. A Tribe’s ability to use the consolidated land
depends on several factors, including the number of owners on a tract. A reduction
in the number of owners, even if the Tribe does not gain the ability to manage the
land without approval of other landowners, may help current landowners more
efficiently use and manage the land because there are fewer owners to work with.
Depending on the number of owners and the percent of ownership held, Tribes are
able to utilize consolidated lands for purposes consistent with the values and
needs of their members, such as housing, community centers or businesses, or for
recreational or cultural purposes.
Each Tribal nation has different plans and goals for land consolidated through the
Buy-Back Program, just as every landowner has unique intentions for the use of
the funds they receive from the sale of their interests. We encourage you to seek
information from your Tribal leadership on the plans and goals for consolidated
lands.
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We’re already seeing the difference this Program is making. For example, the
Oglala Sioux Tribe’s Loneman Livestock Water Project will help the Tribe to make
improvements to agricultural land. As a result of Program purchases, the Squaxin
Island Tribe is now better able to protect its world-class oyster beds. In addition,
the Pala Band of Mission Indians is significantly closer to majority ownership in key
tracts that will be used for housing and expansion of Tribal Government buildings.
Estate Planning and Probate - Informed Decisionmaking
Background
108. What is probate?
Probate is the legal process by which applicable Tribal, Federal, or State law that
affects the distribution of a decedent's estate is applied in order to: determine the
heirs; determine the validity of wills and determine devisees; determine whether
claims against the estate will be paid from trust personalty; and order the transfer
of any trust or restricted fee land or trust personalty to the heirs, devisees, or other
persons or entities entitled by law to receive them. In other words, when an
American Indian passes away and owned trust or restricted fee lands and/or trust
funds at the time of death, there must be a way of transferring the trust lands /
funds to the deceased person’s heirs or to whoever is to take ownership under the
terms of a will. The Department of the Interior will determine what trust lands /
funds the deceased person owned, determine the deceased person’s legal heirs or
devisees, and order distribution of the trust or restricted fee lands or funds to the
appropriate persons.
109. What happens to my trust or restricted property after my lifetime?
Your trust or restricted property will pass to, or be inherited by, the person or
persons you name in your will through the probate process. If you do not have a
will, your property will pass to your eligible Indian heirs at probate. The probate
judge will use the American Indian Probate Reform Act of 2004 (AIPRA) or a Tribal
probate code, approved by the Department of the Interior, to determine how your
trust or restricted land is inherited. During the probate proceeding, the probate
judge will determine the heirs and beneficiaries to your estate. Your heirs may
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include your spouse, your children, certain relatives, or the Tribe with jurisdiction
over your trust and restricted land. For Alaska Native (AN) estates, the probate
laws of the State of Alaska will govern who will inherit trust or restricted property
located in the state.
110. What is life estate?
A life estate means a person has the right to the use the land during their lifetime.
The life estate holder will receive the income from that land.
111. What is a will?
A will is a written, legal document detailing a person’s wishes regarding the
disposition of their property or estate after they die. A will must be signed and
dated by the individual and must be witnessed by two or more individuals who also
sign and date the will. The laws of each state vary as to who may be a witness to
the signing of a will and the number of witnesses who must be present. You should
consult an attorney if you would like to write a will.
112. Who can I give my property to if I want it to stay in trust?
You may give your property to anyone under the terms of a will. The person named
in the will does not have to be an Indian or a person that is enrolled with a federally
recognized Tribe. If the person is not an Indian, the property may not stay in trust
and the Tribe with jurisdiction over the interest will have an opportunity to
purchase the devised interest from the non-Indian. Additionally, if there is a Tribal
probate code, approved by the Department, that applies to trust or restricted
property detailed in the terms of your will, the Tribal probate code may contain
provisions regarding the devise of interests to persons who are non-members of
the Tribe or persons not eligible to become members of the Tribe.
113. Who is an “Indian” under American Indian Probate Reform Act of 2004
(AIPRA)?
AIPRA changed the legal meaning of the word “Indian” for purposes of its
provisions. It does not change the meaning of “Indian” for other purposes. Under
AIPRA, an “Indian” is a person who:
Isa member of a Federally recognized Indian Tribe, or
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Iseligible to become a member of a Federally recognized Indian Tribe, or
Wasan owner of trust or restricted land on October 27, 2004, or
Meetsthe definition of "Indian" under the Indian Reorganization Act of 1934,
or
Owns trust or restricted Indian land in California.
114. What is the Single Heir Rule?
The Single Heir Rule is a provision contained within the American Indian Probate
Reform Act of 2004 (AIPRA) that limits the fractionation of trust or restricted fee
lands. It applies when: there is not a valid will, and your interest in land is less
than 5% of the tract, regardless of the value of that land.
The single heir rule allows a surviving spouse to retain a life estate in that
ownership interest in land, if the surviving spouse resides on that interest. The
remaining interest will be distributed as follows:
Youroldest living eligible child will receive everything.
Ifnone of your eligible children are living, then your oldest living eligible
grandchild will receive everything.
Ifnone of your eligible grandchildren are living, then your oldest living eligible
great-grandchild will receive everything.
Ifyou have no living eligible children, grandchildren, or great-grandchildren,
then the Indian Tribe with jurisdiction over the land will receive the interest in
the land.
Toavoid the application of the Single Heir Rule, you must write a will or dispose of
your property prior to your death.
Refer to the Informed Decisionmaking page on the Program's website for more
information.
115. What are some estate planning options for my trust and restricted
property?
You should consider various estate planning options, such as the following:
Writea will to direct who will receive your trust or restricted property.
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Sale, exchange, or give your trust and restricted fee land to others during your
lifetime. If the new owner will not be holding the land in trust or restricted fee
status, the Tribe with jurisdiction over the land will have the opportunity to
acquire the land by paying the new owner fair market value.
Considergift conveyances of trust or restricted property (must be approved
by the Bureau of Indian Affairs (BIA)). With either a gift or sale, you may keep
a life estate. You should contact your local BIA Agency for assistance and
information regarding such conveyances.
Additional information is available on the Your Land Your Decision - What is a
Probate? page on the BIA's website.
116. Where can I get more information about estate planning tools?
If you would like to talk with someone about your options, including the
importance of creating a will, making gifts, creating life estates, or selling your
property, contact your local Bureau of Indian Affairs (BIA) Agency to make an
appointment. If you want to write a will or have a will written for you, you should
contact a lawyer or a legal aid society.
If you are interested in learning more about financial awareness, you can contact
the Trust Beneficiary Call Center or your local Fiduciary Trust Officer (FTO). The
Bureau of Trust Funds Administration (BTFA)has set up a special toll-free
telephone number for Indian trust beneficiaries to ask questions. To talk with the
Trust Beneficiary Call Center, call (888) 678-6836.
Landowners can also work with one of BTFA’s many partner organizations that
provide financial education.
Your BIA Agency may provide information regarding an explanation of testate and
intestate provisions of the American Indian Probate Reform Act of 2004 (AIPRA),
and assist in the preparation and approval of conveyance documents where
appropriate, for the transfer of trust assets during the lifetime of an individual
landowner of Individual Indian Money (IIM) account holder.
117. What rules apply to lands purchased by the Program that may contain
archaeological resources and/or cultural items?
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The presence or absence of archaeological resources or human remains and other
cultural items does not affect whether the land is eligible for purchase by the
Program but there may or may not be an adjustment to the value of the interest for
such purchase. There are certain requirements for any excavation or other
discovery or disturbance of those resources, remains, and objects, which do not
appreciably change based on land ownership.
Under the Archeological Resources Protection Act of 1979, permits are generally
required for the excavation, curation, and study of archaeological resources from
lands held in trust or restricted fee status. Archaeological resources means any
material remains of human life or activities which are at least 100 years of age and
are of archaeological interest. Generally, excavation or removal of archaeological
resources from lands of individual Indians may only proceed with the written
permission of the individual Indian owner, or where there are multiple individuals
with ownership interests, from the owners of a majority of interests in the land. In
either case, written permission is also required from the Tribe with jurisdiction over
the land, if any. The permit will also state whether a curatorial facility will have
temporary or permanent custody of the archaeological resources or whether the
landowner or landowner’s representatives will retain custody, allowing a
reasonable period of time for the excavator to have ready access to them at an
appropriate location for study. If the curatorial facility is to have permanent
custody of the archaeological resources, the consent of the Tribe with jurisdiction
is also required. Finally, if the Regional Director has a verifiable reason to believe
that archaeological resources retained by the individual landowner(s) after being
studied will be sold or exchanged other than to the Tribe having jurisdiction or to a
curatorial facility, the Regional Director may refuse to issue the permit.
When interests of individual Indians are transferred to a Tribe, the Tribe is treated
as an individual landowner for purposes of the consent requirements above, just as
for leasing.
Under the Native American Graves Protection and Repatriation Act (NAGPRA),
separate provisions apply to the disposition of Native American human remains
and funerary objects excavated or removed from Tribal lands (including on-
reservation allotments) or from Federal lands outside the exterior boundaries of a
reservation (which would include off-reservation allotments). For these cultural
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items, first priority for disposition is to any individual who can trace their ancestry
directly and without interruption to the known Native American individual whose
remains or funerary objects are being claimed. If a lineal descendant cannot be
ascertained, disposition of Native American human remains and funerary objects,
as well as sacred objects and objects of cultural patrimony, is determined by the
Indian Tribe on whose Tribal lands (inside the exterior boundaries of the
reservation) the remains or objects were discovered. If the remains or objects were
discovered on Federal land, including an off-reservation allotment, the remains or
items would still go to a Tribe, following the priority order in the NAGPRA statute
and regulations.
For additional information, see 25 C.F.R § 262.5 and 43 C.F.R. § 7.8. In addition,
landowners are encouraged to talk to their local Bureau of Indian Affairs (BIA)
office if they have questions.
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