/ U.S. Department of Education
Impact Aid Program
Updated: 9/22/2015

Indian Land

Review Booklet

September 22, 2015

Table of Contents

LEAs Claiming Children on Indian Lands...... 4

Source Check Forms...... 5

Impact Aid Program Indian Lands Source Check Forms...... 5

Indian Land Sample Source Check...... 6

ANCSA Indian Lands Property Claims Form (For Alaska Applicants Claiming Eligible using Tables 1, 3 and 5 ONLY) 7

ANCSA Indian Land Sample Source Check...... 8

Indian Tribal Housing Property Claims (For Oklahoma Indian Tribal Housing Claiming Eligible using Tables 1 and 3 ONLY) 9

Oklahoma Tribal Housing Indian Land Sample Source Check...... 10

Completion of Survey Forms...... 11

Tips : How to Verify the Eligibility of Indian Land...... 12

Notes...... 13

Impact Aid Applicants Claiming Children on Indian Lands

Local education Agencies (LEAs)that claim children who reside on Indian lands or whose parents are employed on Indian lands mustdevelop two separate supporting documents:

  1. Indian Policies and Procedures (IPPs) which outlines the procedures and LEA will undertake to be compliant with section 8004 of the ESEA (regulated at §222.94-95) ; OR

IPP Waiver from the impacted tribe(s) stating that the tribe satisfied with the provision of educational services to the children residing on Indian lands. ; AND

  1. Source check documents for each eligible Indian lands property. The Impact Aid Program (IAP) generally does not accept parent pupil survey forms as they do not contain sufficient information to make a property determination for Indian lands.

Eligible Federal properties are properties that are tax exempt due to Federal law, policies, and procedures. The definition of Federal Property includes certain Indian Lands. The following types of properties are eligible Indian Lands:

1.Real property that is taxexempt due to Federal law, agreement or policy and that is held in trust by the United States for individual Indians or Indian tribes (“trust” property).

2.Real property that is taxexempt due to Federal law, agreement or policy and that is held by individual Indians or Indian tribes subject to restrictions on alienation imposed by the United States (“restricted” property).

3.Real property that is tax-exempt due to Federal law, agreement or policy and that is public land owned by the United States and designated for the sole use and benefit of individual Indians or Indian tribes.

4.ANCSA land is real property that is tax-exempt due to Federal law, agreement or policy and that was conveyed under the Alaska Native Claims Settlement Act (ANCSA) to a Native individual, Native group, corporation organized under section 1613(h)(3) of ANCSA, or village or Regional Corporation, as those terms are defined in ANCSA (20 C.F.R. § 7713(5)(A).

5.Real property located in the State of Oklahoma that is owned by an Indian housing authority and used for low-income housing (including housing assisted under or authorized by the Native American Housing Assistance and Self-Determination Act of 1966 (NAHASDA), and at any time was designated by treaty as tribal land, or satisfied the definition of Federal property under section 403(1)(A) of P.L. 81-874 (20 C.F.R. § 7713(5)(A),(5)(F)). Low-rent housing is eligible as Indian lands, rather than as regular low-rent housing, if that low-rent housing is located on property that qualifies under one of the above definitions or on land that met one of those descriptions immediately before its use for low-rent housing.

Impact Aid Program Source Check Forms

LEAs may count the membership of its federally connected children for the Impact Aid Program (IAP) application by using a source check form to documenta child’s place of residence and/or the parent’s place of employment on the survey date. The applicant may use the sample source check forms that the Impact Aid Program (IAP) provides or create its own form(s) that incorporate all of the required data elements and certifications. The LEA is responsible for obtaining complete information and required certification for all required information.

IAP hascreatedthree (3) sample source check forms address various types of Indian Land. We recommend that you review the criteria for each form and identify the form(s) that is most appropriate to the type of land where your studentsreside and their parents work.

Impact Aid Program Indian Lands Sample Source Check Forms

If you are claiming children residing on Indian lands on Tables 1 or 3 of the Impact Aid application, you may use a basic Indian Land Source Check form.

The source check must be signed and certified by the following officials:

  1. A BIA official or BIA designated Tribal official certifies that each land parcel on the source check form is a trust or restricted property.
  2. The tribal official certifies that the parent or guardian of each pupil claimed resided on eligible Indian Lands on the survey date or was employed on eligible Indian Lands on the survey date.
  3. The superintendent or designee certifies that the name, date of birth, grade level, and enrollment of each student are correct as of the survey date.

NOTE:

  • If you opt to use your own forms, you should contact the assigned IAP Analyst for your State to verify that all the required information is included on your form.
  • Do NOT use this form for ANCSA property or Oklahoma Tribal Housing property.

ANCSA Indian Lands Property Claims Form (For Alaska ApplicantsClaiming Eligible using Tables 1, 3 and 5 ONLY)

This form can be used to document children who reside with a parent (claimed on Tables 1 or 3), or who have a parent who is employed on an eligible ANCSA Indian land (claimed on Table 5). The source check form must be signed and certified by the following officials:

  1. ANCSA Corporation official- The local or regional ANCSA corporation certifies that each land parcel described on the source check form isANCSA property.
  2. Tax Assessor-
  3. If the ANCSA land is in a city or borough that levies a real property tax, the Tax assessor must certify that the parcels claimed are exempt due to Federal law, policy or agreement.
  4. If the ANCSA land is located in an REAA or a city or borough that does not levy a real property tax, there is no need for the tax assessor to certifythese properties.
  5. Tribal Official - The tribal official certifies the residence of the parent or guardian of each pupil claimed, and certifies that the parent or guardian of each pupil claimed resided on eligible ANCSAlands or was employed on eligible ANCSA Lands on the survey date.
  6. The superintendent or designee certifies the name, date or birth, grade level, and enrollment of each student on the survey date.

NOTE:

  • If you opt to use your own forms, you should contact the IAP Analyst for your State to verify that all the required information is included on your form.
  • Do NOT use this form for Indian lands property or Oklahoma Tribal Housing property.

Indian Tribal Housing Property Claims (For Oklahoma Indian Tribal Housing Claiming Eligible using Tables 1 and 3 ONLY)

This form can be used to verify children who reside with a parent on eligible Oklahoma Indian Tribal Housing property (Tables 1 or 3). The source check must be signed and certified by the following officials:

  1. The BIA or Tribal Housing Authority Official certifies that each parcel indicated on the source check form is owned by an Indian Housing Authority (IHA) and used as low-rent housing, and was designated as tribal land by treaty.
  2. The tax assessor certifies that each parcel listed is exempt from state and local property taxes for elementary and secondary school current expenditures purposes, and that this exemption is due to federal law, agreement, or policy on the survey date.
  3. The Tribal Housing Authority Official certifies the residence of the parent or guardian of each pupil claimed, and that they resided on the identified Indian land on the survey date.
  4. The superintendent or designee certifies the name, date of birth, grade level, and enrollment of each student.

NOTE:

  • If you opt to use your own forms, you should contact the IAP Analyst for your State to verify that all the required information is included on your form.
  • Do NOT use this form for other types of Indian land or ANCSA property.


Completion of Survey Forms

Once you have identified the appropriate form for the children you intend to claim for the Impact Aid Program application, please review the specific instructions included with the various source check forms.

If you have questions about the source check forms, please contact your assigned IAP State Analyst. If you have any questions related to Indian lands eligibility or certification, please contact the IAP Property Specialist assigned to your State. State analyst assignments are posted on Impact Aid Program website at or please call our main number at (202) 260-3858 to inquire.

A copy of the Impact Aid Program Indian Lands Source Check forms with instructs can be located on our website at

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To find legal descriptions, contact your local municipality (city or county).

Key Offices: Planning and Zoning, Recorder, Mapping,or Assessment Office

Can provide property ownership documentation (Property Deed, Quitclaim Deed, or Deed of Trust)

May charge a fee for documentation.

To establishthe trust or restricted status of Indian land, contact your Bureau of Indian Affairs’ Regional Office of Trust Services.

Tribes can verify status of land only if they contract with the BIA to provide Real Estate services.

Key Divisions within the BIA Regional Office: Real Estate Services; Land, Title and Records; Probate

The BIA can only verify land with complete legal descriptions. There are four ways to document a complete legal description:

  • By Plat: Plat#, Lot#, Block#, and Tract#
  • By Survey: USS Survey#, Lot#, Block#, and Tract#
  • By Median: Section, Township, Range, Lot#, Block#, and Meridian
  • By Metes and Bounds: East/West/North/South of a number of a Degree, Minutes, Seconds, North/South/East and West

To locate your BIA Regional Office contact information, visit

To locate your Tribal Bureau of Indian Affairs Servicing Office, visit

To establishland ownershipandtax exemptionstatus, contact your local tax office.

Key Offices and Divisions: Assessment, Tax, or Mapping

To locate your local Tax Office, visit

Verify by matching the address or legal description to the Mapping or Parcel ID#

911 Addressing office can help identify a property based on its address/physical location

To establishFederal Low-Rent Housingstatus, contact your local public housing agency.

Obtain the name of housing project or community, Department of Housing and Urban Development (HUD) AMP number, and complete street address

To locate your local HUD Public Housing Agency, visit

To establish NAHASDA Housing status (Oklahoma), contact thetribal housing office first.

Obtain the name of the housing project or community and NAHASDA Project Number

Obtain complete legal description and certification from the tribe and local tax assessor (Important)

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