Drill Rig
How can I secure a land title for a drilling rig that’s located on an Indian reservation?
Pay me nothing and I’ll tell you!
“Indian land” means land title to which is held by—
(A) the United States in trust for an Indian, an individual of Indian or Alaska Native ancestry who is not a member of a federally-recognized Indian tribe, or an Indian tribe, or
(B) an Indian, an individual of Indian or Alaska Native ancestry who is not a member of a federally recognized tribe, or an Indian tribe subject to a restriction by the United States against alienation;
There are many unique and unusual problems affecting the title to land located within an Indian reservation.
There are other built-in protections for Indian owners and separate land record systems resulting from their status as independent nations, such as:
1. Federal statutes and regulations may void a transfer of land if not strictly complied with. Proper compliance may require a reference to case law. (At a minimum, you must be familiar with Title 25 of the Code of Federal Regulations)
2. Treaties may control the right to transfer land or limit the use of the land. Terms of the treaties vary from reservation to reservation.
3. Executive orders which may be general or specific in nature, may affect transferability or the use of land within the boundaries of a former or present reservation.
4. Indian land records are not easily located. They may be kept in the county offices, Bureau of Indian Affairs Land Titles and Records offices, Bureau of Land Management offices, possibly in the Department of the Interior in Washington, D.C., and for some reservations in tribal offices. As a general rule, more than one record depository must be searched in order to complete a chain of title. Records of one reservation may be kept in a nearby BIA Land Titles and Records office while the records of an adjoining reservation may be kept in Washington, D.C.
5. Record keeping systems vary dramatically from one record depository to another, making it difficult to know which records to search for and how to evaluate a document once it is located.
Overall, you are better off gettting a long-term (100 year, if allowed, although many reservations will limit this to 25 years or less) land lease that includes rights to it’s natural resources directly from the controlling body of the Indian Reservation in question.
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