On December 12, 2023, the Bureau of Indian Affairs (BIA) finalized revisions to its governing regulations that will permit BIA to acquire lands in trust for the purposes of climate change adaptation and resilience.
Section 5 of the Indian Reorganization Act authorizes BIA to acquire lands in trust for the benefit of Tribal governments and individual Native Americans. On December 5, 2022, BIA proposed changes to these regulations to effect a number of policy goals. In its notice of proposed rulemaking, the BIA expressed that one policy goal of the rulemaking was to permit acquisitions that established a tribal land base and permitted climate change-related acquisitions.
The operative language of the final rule prioritizes acquisitions of land that "will further tribal interests by . . . establishing or maintaining conservation or environmental mitigation areas." 25 C.F.R. 151.3(b)(3).
This final rule will go into effect on January 11, 2024.