Program History | Land Buy-Back Program for Tribal Nations

The Buy-Back Program was established by the Secretary of the Interior (Secretary) on December 17, 2012 to implement the land consolidation provisions of the Cobell v. Salazar Settlement Agreement (Cobell Settlement or Settlement). The Settlement provided for a $1.9 billion Trust Land Consolidation Fund (Fund) to consolidate fractional land interests across Indian Country.

The 10-year period for the Program's implementation of land consolidation efforts came to an end November 24, 2022.

More information about the Cobell Settlement and the Program’s history is provided below.

Program Milestones 

2022 November 24 Program funding authority concludes per the Claims Resolution Act of 2010
which funded the Settlement – Total of $1.69 billion in payments made to
landowners with fractional interests
  September 9 Program mails final offers to landowners with fractional interests
  September 1 Interior completes final transfer of $687,000 from the implementation cost
portion of the Consolidation Fund to the land purchase portion
  August 31 Cobell Scholarship Program issues more than 12,250 scholarships to over 4100
individuals affiliated with 252 Tribes as of August 2022
  March 15 The Consolidated Appropriations Act of 2022 (Pub. L. 117-103) provides the
Bureau of Indian Affairs with $7 million to continue land consolidation activities
by acquiring fractional land interests as authorized under the Indian Land
Consolidation Act Amendments of 2022
2021 December 31 Program reaches over 51,000 tracts where Tribal ownership was created and/or
increased
  October 15 Interior transfers an additional $30 million from the implementation cost portion
of the Consolidation Fund to the land purchase portion
  May 28 President’s budget for Fiscal Year 2022 including BIA’s request for an investment
of $150 million to reestablish a modified Indian Land Consolidation Program
(ILCP) submitted to Congress
  February 17 DOI’s Office of the Inspector General releases report outlining findings from
its investigation of the Program’s delegation of land title authority to BIA’s
Acquisition Center
2020 October 27 More than one million total interests restored to Tribal trust ownership
  October 7 Program exceeds $1.555B in land purchases, the amount originally budgeted by
the Settlement
  March 11 Interior transfers an additional $45 million from the implementation cost portion
of the Consolidation Fund to the land purchase portion
2019 March 8 Interior transfers $45 million from the implementation cost portion of the Trust
Land Consolidation Fund to the land purchase portion of the Fund
2018 December 20 U.S. Commission on Civil Rights releases briefing report suggesting amongst other recommendations the need to increase the availability of the Program to more Tribes
  October 31 Program purchases achieve majority Tribal ownership in more than 15,000 tracts
  October 11 Program and partner leadership provide guidance to all field staff regarding the use of Program appraisals for similar purposes to encourage wider use of these appraisals for land acquisition
2017 July 31 Interior announces revised strategy to maximize consolidation of fractional interests, including updated policies and schedule of locations
  May 23 Acting Deputy Secretary James E. Cason testifies on the status and future of the Program before the United States House Subcommittee on Indian, Insular, and Alaska Native Affairs
  April 25 Listening Session in Tulalip, Washington, led by Acting Assistant Secretary – Indian Affairs Mike Black, Acting Special Trustee for American Indians Debra DuMontier, and Director of the BIA Bruce Loudermilk
  March 24 Final quarterly transfer to the Cobell Education Scholarship Fund, bringing total to $60 million
  January 5 Total of $1 billion in payments made to landowners with fractional interests
2016 December 7 Acting DOI Deputy Secretary Michael L. Connor testifies before the United States Senate Committee on Indian Affairs hearing on the progress of the Program
  November 7 2016 Status Report published
  March 3 Listening Session in Albuquerque, New Mexico, led by Deputy Secretary Michael Connor, Special Trustee Vince Logan, and Acting Assistant Secretary – Indian Affairs Larry Roberts
2015 November 4 2015 Status Report published
  October 29 The Appraisal Foundation releases comprehensive review of the implementation of the Program’s appraisal method and concludes that appraisals are being conducted appropriately and effectively
  July 8 Equivalent of more than 1 million acres of land restored in trust to Tribal nations
  March 19 Listening Session in Laveen, Arizona, led by Deputy Secretary Michael Connor, Assistant Secretary – Indian Affairs Kevin Washburn, and Deputy Special Trustee for American Indians Jim James
2014 November 20 2014 Status Report published
  May 29 Listening Session in Portland, Oregon, led by Deputy Secretary Michael Connor and Assistant Secretary – Indian Affairs Kevin Washburn
  March 30 First quarterly transfer of nearly $580,000 to the Cobell Education Scholarship Fund
2013 December 18 First offers mailed to landowners with fractional interests
  December 9 Oglala Sioux Tribe signs first cooperative agreement facilitating purchase of fractionated land
  November 8 Updated Implementation Plan released
  October 29 DOI releases Valuation Plan for Program; reviewed and strengthened by The Appraisal Foundation finding the Program’s mass appraisal strategy efficient and cost-effective
  January - February Tribal consultations conducted in Minneapolis, MN, Rapid City, SD, and Seattle, WA to discuss the Initial Implementation Plan
2012 December 18 Initial Implementation Plan released
  December 17 Land Buy-Back Program for Tribal Nations established through Secretarial Order No. 3325
  November 24 Final approval of the Cobell v. Salazar Settlement after appeals exhausted to U.S. Supreme Court; 10-year period begins
2011 July - October Tribal consultations conducted in Billings, MT, Minneapolis, MN, Seattle, WA,
Albuquerque, NM, Phoenix, AZ, Oklahoma City, OK, and Rapid City, SD to
discuss the implementation of the Indian Land Consolidation Program
2010 December 8 Claims Resolution Act of 2010 signed into law 
2009 December 7 Cobell v. Salazar Settlement Agreement signed


Cobell Settlement Background

The Cobell Settlement was reached in December 2009. The Settlement provided for a $1.9 billion Fund, which is available to the Secretary within a ten-year period to purchase fractional interests in trust or restricted land.

On December 8, 2010, President Obama signed the Claims Resolution Act of 2010. The Act specifically confirmed the Cobell Settlement and established the Fund upon final approval of the Settlement in November 2012. The Settlement Agreement and the Claims Resolution Act of 2010 provide that the Fund will be distributed in accordance with provisions of 25 U.S.C. §§ 2201 et seq.

Buy-Back Program Reporting

The Program regularly updates Tribes, landowners, and the public of its policies and progress. The links below will bring you to a press release summarizing the Program’s 2017 strategy review, previous years’ status reports, and the updated and initial implementation plans.

2017 Strategy Review

Following extensive analysis and feedback received from Tribal leaders and landowners, the Department of the Interior (The Department) announced a revised strategy for the consolidation of fractional land interests through the Buy-Back Program on July 31, 2017. The strategy includes a revised schedule for implementation, as well as several policy changes to better leverage Program resources, facilitate greater efficiencies, and increase opportunities to consolidate fractional interests.

Previous Years’ Status Reports

Program Status Reports summarize progress and expenditures as of the date indicated; identify lessons learned; and outline the Program’s economic impact and other benefits, including Tribal projects occurring on land consolidated through the Program.

Implementation Plans

An Initial Implementation Plan, released in December 2012, outlines the Buy-Back Program's initial approach to achieving successful land consolidation purchases. The Program released an Updated Implementation Plan in November 2013, which incorporated public comment, best practices, and lessons learned.

Past Presentations

The following documents from past listening sessions are historical documents.

2017 Listening Session

The Department held its 2017 Listening Session in Tulalip, WA. The purpose of the Listening Session was to gather feedback from Tribal communities that may inform the decisions of new Departmental leadership as they take a fresh look at Program strategies. The participation and engagement of Tribal nations and landowners has been critical to the success of the Program. In addition, attendees visited stations to ask questions and obtain tools like land reports in order to learn more about key aspects of the Program and make informed decisions.

2016 Listening Session

The Department held its 2016 Listening Session in Albuquerque, NM. The purpose of the session was to continue to hear directly from Tribal communities about how the Program can best be implemented across Indian Country. In addition, attendees visited different stations to ask questions and learn more about key aspects of the Program, including the appraisal and acquisition process. Landowners were able to obtain land reports and other tools to help them make informed decisions about land, including financial education and planning. 

2015 Listening Session

The Department held its 2015 Listening Session in Laveen, AZ. The purpose of the session was to meet with Tribal leaders and landowners to receive feedback on critical issues related to the Program as well as the 2014 Status Report.

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