Interior Department Concludes Land Buy Back Program for Tribal Nations

The Department of the Interior recently marked the completion of the Land Buy-Back Program for Tribal Nations. This ambitious project, spanning ten years, was focused on consolidating and reverting land to Tribal ownership. Throughout the duration of the program, close to 3 million acres across 15 states were successfully consolidated and reverted to Tribal trust ownership. Moreover, financial compensation amounting to $1.69 billion was distributed to over 123,000 interested individuals. The funding for the Buy-Back Program, as stipulated in the Settlement and Claims Resolution Act of 2010, concluded in November 2022.

In conjunction with the program’s culmination, the Department has issued a comprehensive report. This document delves into the program’s history, enumerates best practices, and outlines key lessons gleaned from its implementation. Importantly, the report underscores the ongoing necessity of land consolidation endeavors and delineates various policies and potential opportunities that could further enhance robust voluntary sales efforts.

Secretary Deb Haaland commented on the detrimental effects of past assimilation policies on Indigenous communities. She outlined how these policies not only aimed to disrupt Indigenous family structures and ecosystems and eradicate Native languages but also sought to undermine land claims and Tribal land ownership. The Land Buy-Back Program, according to Secretary Haaland, has significantly shifted power back to Tribal communities, enabling them to make informed decisions regarding land use, which ranges from conservation initiatives to various economic development projects.

Assistant Secretary for Indian Affairs, Bryan Newland, emphasized the significance of diminishing fractionation and achieving Tribal majority ownership. He noted that such achievements facilitate more effective trust management and uphold key principles like Tribal sovereignty, self-determination, and the government-to-government relationship. Newland highlighted the mutual benefits for both landowners and Tribes, including enhanced agricultural operations, economic development, conservation, and cultural stewardship. He also pointed out that insights from the Buy-Back Program are invaluable for future efforts aimed at reducing fractionation.

The impetus for the program traces back to the General Allotment Act of 1887, which resulted in the division of Tribal reservation land and its allocation to individual Tribal members. Following the passing of the original allottees, the land titles were fragmented among their heirs. As generations passed, the number of landowners multiplied, leading to the current scenario of highly fractionated land ownership. This situation, along with the checkerboard pattern of land ownership (comprising trust lands, fee lands, and lands owned by Tribes and individuals), has posed significant challenges to Tribes, impacting their ability to exercise Tribal sovereignty and self-determination.

The Land Buy-Back Program, initiated in 2012, was a key component of the Cobell v. Salazar Settlement Agreement. It aimed to consolidate fractional trust or restricted land interests through voluntary sales to individual landowners and subsequently place these purchased interests into trust for Tribes. The program successfully collaborated with more than 50 Tribes in 15 states. Remarkably, in areas where the program extended offers, tracts with 50 percent or greater Tribal ownership saw increases exceeding 100 percent, with some locations witnessing a surge in Tribal majority ownership by over 1,800 percent. The high acceptance rates of offers at several locations demonstrated the efficacy of a well-funded willing seller approach in curbing the growth of fractional interests, especially with robust Tribal support and effective outreach.

Through adept program management and strong collaboration between federal government and Tribal partners, $135.2 million of the $285 million originally designated for the program’s administration was redirected to purchase an additional 100,000 fractional interests at 17 locations. Additionally, as part of its implementation, the program contributed $60 million to the Cobell Education Scholarship Fund, which has awarded over 12,000 scholarships to date.

This announcement was made in anticipation of the 2023 White House Tribal Nations Summit. The upcoming summit presents an opportunity for the Biden-Harris administration and Tribal leaders from the 574 federally recognized Tribes to discuss ways in which the federal government can further invest in and fortify nation-to-nation relationships, ensuring sustained progress in Indian Country for the foreseeable future.