Land must be owned, or inherited to sell, Attachment is the Overview of this transaction, D informational sheet 03 2010 is current.
OVERVIEW OF ADVERTISED SALES
Pursuant to 25 Code of Federal Regulations §152.26 through §152.31, restricted Native landowners may sell all or part of their restricted land with the approval of the Secretary or his/her authorized delegate. In order to sell the land, the landowner(s) must have a Certificate of Allotment, Restricted Townsite Deed, or a Probate Order.
The Bureau has a fiduciary responsibility to restricted landowners. As such, the sale or disposal of restricted land must be carried out in a manner which ensures the rights of the owners are protected. The transaction must be clearly justified and in the long-range best interest of the landowner.
Although “landowner” is referenced throughout these guidelines, restricted property can have multiple owners due to probate or how the landowners bought the land. In the application and sale process, all owners to the property must be counseled individually and most of the forms and documents must be prepared for each individual.
Counseling is a very important part of the Advertised Sale process. You must ensure that the landowner understands fully what he/she is doing. Refer to the Counseling section of the Handbook for detailed guidance.
In order to sell portions of restricted property, the legal description must be either by survey or aliquot parts—but only if the Native allotment was originally conveyed to the landowner by aliquot parts description. The preferred method is by survey.
Since an appraisal, Archeological Inventory, NEPA Compliance, and a Title Status Report are required, immediate requests must be submitted to OST Appraisals, BIA Archeology, and the Alaska Title Service Center.
When the sale of Native Allotment land is to another Native and a determination has been made that the Native purchaser is unable to manage the land without the protection of the United States, the conveyance should provide for a continuance of restrictions. Counseling will be provided on both types of ownership. In order to convey portions of restricted property, the legal description must be by survey or aliquot parts. The preferred method is by survey.