Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 3
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13Leasing and Permitting Chapter 1 – General Information
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1.0 INTRODUCTION
People have been engaged in leasing activities for hundreds of years. As stated in the BIA’s
Branch of Real Estate Services Leasing Manual published in 1984:
“Some form of land leasing has been practiced virtually from the beginnings of
civilization. Although leasing Indian lands involves several unique features,
the basic essentials have come down from the legal systems developed by the
European colonizers of the North American continent, most notably the
English. The authorities for Indian leases have evolved with the development
of Federal Indian policy and the pressures generated by Indian and non-Indian
interests. Leasing has become a major activity in the performance of Federal
trust responsibilities by the Bureau of Indian Affairs.”
While there is no statutory requirement that Indian lands held in trust by the United States
Government be leased, the Secretary of the Interior has a fiduciary obligation to “protect and
preserve Indian trust assets from loss, damage, unlawful alienation, waste, and depletion,” and to
make decisions concerning trust lands that are in the best interest of the Indian landowner. The
Secretary of the Interior’s trust principles are documented in the Departmental Manual, 303
DM2. One of the most effective ways to meet these obligations is to put the land under lease.
This handbook is designed to provide general requirements for processing agricultural,
residential and business leases and permits on Indian trust lands under the jurisdiction of the
Bureau of Indian Affairs (BIA). (See
Glossary of Terms
and
List of
Acronyms) The handbook
has been prepared for BIA realty staff, P.L. 93-638 contracts and self-governance tribes in order
to provide reference materials that align with the Department of the Interior’s Fiduciary Trust
Model.
(See Exhibit 1 - Fiduciary Trust
Model)
1.1
BIA Mission Statement, Vision, And Guiding Principles
The United States of America holds approximately 52 million acres of land in trust or restricted
status for Indian Tribes and individual Indians. This figure is from the Annual Acreage &
Leasing Report, acreage is subject to change. The Bureau of Indian Affairs administers monitors
and approves leases on these lands. (See
Exhibit 2 - The Bureau of Indian Affairs
Organization.)
1.2
Mission Statement
The Bureau of Indian Affairs’ mission is to fulfill its trust responsibilities and promote self-
determination on behalf of Tribal Governments, American Indians and Alaska Natives.
1.3
Vision
The Bureau of Indian Affairs is a challenging and dynamic place to work. We provide high
quality services in a timely and professional manner. We have the organizational flexibility to
meet the changing needs of our customers. Our employees are committed, knowledgeable and
empowered. Our policies are clear, consistent, and supported throughout the organization. We
manage for excellence, fostering cooperation, and coordination in consultation with Indian
Tribes while supporting self-determination and tribal sovereignty.
Issued: March 6, 2006
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