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08/20/2003 18:36 5054740770 ELLEN R. KEMPER, ESQ PAGE 03 which he needs assistance in handling his affairs. 5)The impact on the State and its political subdivisions resulting from the removal of the land from tax rolls. 6)Jurisdictional problems and potential conflicts of land use which may arise. 7) If the land to be acquired is in fee status, whether the BIA can discharge the additional responsibilities resulting from the acquisition of land in trust status. And 8)Proof of compliance with the National Environmental Policy Act and federal hazardous waste laws. The BIA must notify state and local governments when they receive an application from a tribe to process a taxable parcel of land to trust status.The notification is provided for the purpose of allowing government entities an opportunity to comment. Notices must identify the land to be transferred and the requesting tribe, as well as the tribe's proposed use of the land. Affected governments have 30 days to comment. All comments are given consideration in the review process, After all comments have been received and reviewed, the BIA is then in a Position to issue a decision. If the decision is difficult or additional technical review is needed,the BIA may request the assistance of BIA Headquarters in Washington. If the land is within the exterior boundaries of an existing reservation or if no gambling purpose is intended then the consideration is limited to those factors. If all those factors are satisfied then a notice will be published in the local newspaper or the Federal Register and a public comment period will commence. Local opposition is a critical factor. If there are no objections, the regional BIA office can approval the request and the procedure ends. The regional office decision is final. Note, this process has taken ten years in some instances. But with lands off-reservation and when gambling is involved then the SIA will consider additional jurisdictional,economic,zoning,and other related concerns. Additional factors that will be considered are: 1) The location of the land relative to state boundaries,and its distance from the boundaries of the tribe's reservation. The further the distance from the reservation, the greater the scrutiny required of the Secretary. 2)A tribal business plan that identifies anticipated economic benefits associated with the proposed use. 3) Comments from state and local governments. In addition to all of the above,the land in question is also subject to the Indian Gaming Regulatory Act provision that prohibits land taken into trust after 1988 to be used for gambling except for specifically exempted lands. Section 20 of the Act, 25 U.S.C. 2719, allows for specific exemptions. Section 20 exemptions would only apply to NDI's land if it is: 1) located within or contiguous to the boundaries of the petitioning tribe's existing reservation; 2) for a tribe with no reservation; 3) within the tribe's last recognized reservation within the State or States within which such Indian tribe is presently located;or if the 4) Secretary, after consultation with the tribe and appropriate State,and local officials, including officials of other nearby tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination; or if the lands are taken into trust as part of a settlement of a land claim, through the Federal acknowledgment process, or as restoration of lands for an Indian tribe that is restored to Federal recognition. These Section 20 exemptions are rare. They are considered by both the National Indian Claming Commission and the BIA. Commission opinions can be accessed on the Internet at http:/Iwww.nigc.gov/nigc/nigcControl?option=LAND—DMRMINATIONS. Even after the Secretary of Interior decides to transfer fee land into trust status, the Secretary's decision does not become final for 30 days during which an action may be filed in federal court contesting a decision to take land into trust. Because the administrative process is long and arduous, some tribes seek to forego the process and they directly urge Congress to include a trust transfer in a federal law. Congress can then direct the Department of Interior(DOI) to take land into trust fnr a trihe and the not must comply 9 nI IG_Oq_'Jf"+I'T� nl-"0" TCI 111 X71`11 11111 T'1 o aril., nr�cr.rar+'1 [fn-Oo9