Making Decisions about Land Use

The Land Buy-Back Program for Tribal Nations allows interested individual owners to receive payments for voluntarily selling their land.

If you choose not to sell your land, 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tribal codes that govern the estate planning options that may be available to you and some of these options cannot be rescinded or changed after a decision is made.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.
 
The Office of the Special Trustee for American Indians (OST) can provide you with additional information about this process. For more information, you may:
  1. Contact OST's Trust Beneficiary Call Center by dialing toll free: (888) 678-6836;
  2. Contact your local Fiduciary Trust Officer (FTO) - to find the FTO nearest to you, go to: www.doi.gov/ost/fto/ftoRegions.cfm; or
  3. Visit OST's financial empowerment website at: www.doi.gov/ost/individual_beneficiaries/financial_empowerment/index.cfm.

The American Indian Probate Reform Act of 2004 (AIPRA), which amended the Indian Land Consolidation Act (ILCA), was enacted on October 27, 2004. AIPRA created a nationwide Indian probate code and changed the way trust estates are distributed to heirs. AIPRA may affect ownership rights in trust or restricted land, except for land located in Alaska.

OST 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. Some of these include:
  • Dakota Plains Legal Services
  • University of Arizona College of Law
  • Wisconsin Judicare
  • Kansas Legal Services
  • University of Seattle Law School
  • Nebraska Legal Aid
  • Oglala Sioux Tribe, Wills/Probate Office
  • Denver Law School
  • North Dakota Legal Services
  • Oklahoma City University School of Law
  • California Indian Legal Services
  • Oklahoma Indian Legal Services
  • University of New Mexico College of Law
  • Montana Legal Services
  • Summit Law School
  • DNA Legal Services

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