Bureau of Indian Affairs Proposes Rule Expanding BIA's Ability to Make Tribal Land Acquisitions Related to Climate Change

On December 5, 2022, the Bureau of Indian Affairs (BIA) in the Department of the Interior proposed changes to the regulations governing the discretionary acquisition of land into trust for the benefit of tribal governments and individual Indians.

Among other changes, the proposed changes "include[] the policy goal of establishing a tribal land base and providing for climate change-related acquisitions." The operative language of the proposed regulations 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) (proposed).

BIA is accepting written comments to this proposed rule until March 1, 2023.