No Sticks in My Bundle: Rethinking the Indian Land Tenure Problem

Abstract

FARMING 80 (1981).7. See, e.g., infra Parts III, IV.B.4,V.A. 8. Most trust property today still cannot be transferred, alienated, or leased without the approval of the Secretary of Interior.25 U.S.C. § § 177, 348, 464, 2216, 2218 (2012); see also 25 C.F.R. § 152.17 (2014).Some new exceptions for tribal leases of tribal lands now exist, but these do not apply to individually owned trust allotments.See, e.g., Helping Expedite and Advance Responsible Tribal Home Ownership (HEARTH) Act of 2012, Pub.L. No. 112-151, 126 Stat.1150 (codified as amended at 25 U.S.C. § 415).By way of brief background, most Indian reservations today are characterized by a checkerboard of different tenure types within reservation boundaries.Land is now owned in essentially one of three categories.In the first category, the federal government holds significant portions of land in trust for the tribe itself ("tribal trust lands").Land is also held, often by non-Indian owners who are not members of the governing tribe, in a traditional fee title.FELIX S.

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