Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 12
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13Leasing and Permitting Chapter 1 – General Information
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3.2
Lease File Maintenance
All documents pertaining to a lease issued on behalf of Indian landowners is an official record of
the United States Government and must be maintained as such.
Indian Landowner(s)’s Personal Use of His/Her Trust Land
3.3
The Indian landowner has the right to use their trust or restricted property. Pursuant to 25 CFR
162.104 (b), a landowner of a fractional interest must obtain permission or a lease to continue
use of the land from the remaining fractional trust and restricted landowners. An owner who is
using or has obtained a lease on the tract in which he owns an undivided interest must pay his co-
owners at least fair market rental unless those co-owners have waived their right to receive rental
income.
3.4
Bonding
For agricultural leases, performance bonds, certificates of deposit or irrevocable letters of credit,
are required unless the majority of the landowners request a waiver of the requirement. For long
term non-agricultural leases, the Secretary may not require a rental bond if the annual rental is
paid in advance.
3.5
Trespass
Trespass occurs any time there is the unauthorized occupancy or encroachment, use of, or action
on Indian lands. Trespass may deprive the landowner of revenue or cause resource damages. An
administrative resolution to trespass or unauthorized use should always be the first choice of
resolution. If that does not remedy the situation, assessment of damage for compensation and
litigation reports should be formalized and processed through the Solicitor’s Office and the
Department of Justice. Specific resolution procedures may vary depending on the type of
trespass; (e.g., livestock grazing on unleased land, unauthorized business or residential
occupancy, or selling without a vendor permit).
It is BIA’s policy to:
investigate all accidental, incidental, and/or willful trespass on Indian agricultural land;
respond to all alleged trespass in a prompt, efficient manner;
determine whether trespass occurred and, as applicable, whether trespass likely is civil or
criminal; and, if criminal trespass is suspected, notify the appropriate law enforcement
agency;
assess trespass penalties for the value of products used or removed, cost of damage to the
Indian land, and enforcement costs incurred as a consequence of the trespass; and
ensure that damage to Indian lands resulting from trespass is rehabilitated and stabilized
at the expense of the trespasser.
Trespass may be accidental or willful and the definition covers a wide range of unauthorized
activities and may include livestock trespass, the construction of roads, pipelines and/or other
facilities, as well as any other land modifications or use undertaken without a valid permit
granted by BIA or other appropriate entity.
Tribes may adopt BIA trespass regulations which affords tribes concurrent jurisdiction to enforce
Issued: March 6, 2006
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