The Indian Reorganization Act (IRA) initially established trust land so that Native persons and tribes could reclaim lands and regain sovereignty. This status is particularly important to tribes looking to conduct gaming activity. In a recent article published by The Practical Real Estate Lawyer, Nelson Mullins partner Katherine Baker discussed the process by which tribal nations obtain trust land status as well as recent changes to that process. 

“The revisions to the land-to-trust regulations appear designed to make it easier for tribes to acquire trust lands. However, these changes do not address the backlog of pending applications nor do they neutralize the risk of litigation over trust land acquisitions. While the truncated decision-making period for trust land acquisitions is certainly a positive step for tribes submitting new applications, [the Administrative Procedure Act] challenges by citizens or competitors and other legal disputes can still cause significant delays in the ability to use trust land and develop it once acquired.” 

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