NEGOTIATED SALE

Land must be owned, or inherited to sell, Attachment is the Overview, D 1 Informational Sheet 3-2010 is current & Application

OVERVIEW OF NEGOTIATED SALES

Pursuant to 25 CFR 152.17 through 152.20 and 152.22 through 152.25 [See G 9 25 CFR 152.17-152.25], restricted Native landowners may sell all or part of their restricted land with the approval of the Secretary or his/her authorized delegate. 25 CFR §152.35 is the authority for deferred payment sales [See G 10 25 CFR 152.35]. In order to sell the land, the landowner(s) must have a Certificate of Allotment, Restricted Townsite Deed, Warranty 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. As a Realty Specialist and/or Realty Officer, 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 heirship. 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.

All sales must be advertised except as authorized by 25 CFR 152.25. Sales may be negotiated for consideration not less than the appraised fair market value when it is to:

  • the United States, a State, or political subdivision, or for a public purpose;
  • a Tribe or another Native; or
  • when the Secretary determines it is impractical to advertise.

Conveyance documents must recite the statutory authority under which the V. A. Overview of Negotiated Sales 2 of 2 3/2010 conveyance is made. If using 25 CFR 152.25 (a)(3) “impractical to advertise” as authority, the April 8, 1987, Memorandum from the Deputy to the Assistant Secretary—the “Secretarial Waiver Memorandum”—may be followed [See G 6 Frank Anthony Ryan Memo]. When citing this Memorandum, be sure to cite the applicable exemption, and describe in great detail why it’s being used.

When the sale of Native Allotment land is to another Native, and a determination has been made that the purchaser is unable to manage the land without the protection of the United States, it would be in the best interest of the Native purchaser for restrictions to be retained.

Sales of restricted townsite lots result in automatic loss of restricted status.

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.