Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 4
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13Leasing and Permitting Chapter 1 – General Information
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1.4
Guiding Principles
The Bureau of Indian Affairs takes pride in our ability to successfully manage a complex, multi-
faceted organization.
Integrity, accountability and excellence are never compromised.
We treat everyone with respect, trust and dignity.
Customers are the focus of everything we do.
We set priorities and execute plans consistent with our strategic objectives.
Employees are our most important asset.
We achieve results through teamwork.
Continuous improvement in the quality of services is vital to our success.
Our priority is to support and enhance tribal government.
We encourage innovation and risk taking and share responsibility for the results.
2.0 GENERAL AUTHORITIES AND POLICIES
2.1
Federal Law
General statutory authority for leasing Indian lands did not come into being until after the
passage of the General Allotment Act of 1887. All leases must be approved by the Secretary of
the Interior or his/her delegated authority, pursuant to 25 U.S.C. 177, except for leases granted
pursuant to Section 17 of the Indian Reorganization Act (IRA) or a Special Act of Congress. The
principal Acts of Congress governing surface leases are as follows:
25 U.S.C. 14b - Disposition of funds received from public for goods and services provided
by Bureau of Indian Affairs (May 24, 1990)
The Secretary of the Interior is authorized to retain collections from the public in payment for
goods and services provided by the Bureau of Indian Affairs. Such collections shall be credited
to the appropriation account against which obligations were incurred in providing such goods
and services.
25 U.S.C. 380 (54 Stat. 745) July 8, 1940 - Lease of inherited allotments by superintendent
Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes,
by the superintendents of the reservation within which lands are located (1) when the heirs or
devisees of such decedents have not been determined and (2) when the heirs and devisees of the
decedents have been determined, and such lands are not in use by any of the heirs and the heirs
have not been able during a three-months’ period to agree upon a lease by reason of the number
of the heirs, their absence from the reservation, or for other cause, under such rules and
regulations as the Secretary of the Interior may prescribe. The proceeds derived from such leases
shall be credited to the estates or other accounts of the individuals entitled thereto in accordance
with their respective interests.
25 U.S.C. 393 (41 Stat. 1232) March 3, 1921 - Leases of restricted allotments
The restricted allotment of any Indian may be leased for farming and grazing purposes by the
allottee or his heirs, subject only to the approval of the superintendent or other officer in charge
of the reservation where the land is located, under such rules and regulations as the Secretary of
Issued: March 6, 2006
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