Modern regulations for taking land into trust under the IRA require the Secretary of the Interior to consider a number of factors before doing so, including:

1. Tribal or individual Indian need
2. The purposes for which the land will be used
3. The impact on the state or local communities from the removal of the land from tax rolls
4. Potential jurisdictional problems arising of trust status
5. The BIA capacity to undertake additional responsibilities
6. Compliance with environmental statutes like the National Environmental Policy Act of 1969
7. Location: the further the new land from the tribe's reservation, the greater the scrutiny
8. Tribal economic benefits
9. Finally, additional restrictions apply for land that will be used for gaming purposes.

States or citizens may challenge the Secretarial decision to take land into trust under the Administrative Procedures Act. The decision will be approved, so long as it is not arbitrary, capricious, or otherwise in violation of the law. As the language suggests, this standard is quite deferential to the Secretary.

Consider the relative roles of the Executive Branch, U.S. Courts, and local non-Indian populations. For example, after the decision in City of Sherrill v. Oneida Indian Nation, how should tribes that seek expansion or consolidation of their former lands engage with their neighbors and rely on the BIA? Do you expect the Sherrill decision to be limited to ancient, eastern land claims?

reference

Anderson, R., Berger, B., Krakoof, S., & Frickey, P. American Indian Law: Cases and Commentary, Ed. 4^th