Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 5
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13Leasing and Permitting Chapter 1 – General Information
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the Interior may prescribe: provided, that this provision shall not apply to the Five Civilized
Tribes.
25 U.S.C. 394 (39 Stat. 128) May 18, 1916 - Leases of arid allotted lands
Whenever it shall appear to the satisfaction of the Secretary of the Interior that the allotted lands
of any Indian are arid but susceptible of irrigation and that the allottee, by reason of old age or
other disability, cannot personally occupy or improve his allotment or any portion thereof, such
lands, or such portion thereof, may be leased for a period not exceeding ten years, under such
terms, rules, and regulations as may be prescribed by the Secretary of the Interior.
25 U.S.C. 395 (31 Stat. 229) May 31, 1900 - Leases of allotted lands where allottee is
incapacitated
Whenever it shall be made to appear to the Secretary of the Interior that, by reason of age,
disability, or inability, any allottee of Indian lands cannot personally, and with benefit to himself,
occupy or improve his allotment or any part thereof, the same may be leased upon such terms,
regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five
years, for farming purposes only.
25 U.S.C. 397 (26 Stat. 795) February 28, 1891 - Leases of lands for grazing
Where lands are occupied by Indians who have bought and paid for the same, and which are not
needed for farming or agricultural purposes, and are not desired for individual allotments, the
same may be leased by authority of the council speaking for such Indians, for a period not to
exceed five years for grazing upon such terms and conditions as the agent in charge of such
reservation may recommend, subject to the approval of the Secretary of the Interior. See
Strawberry Valley Cattle Co. v. Chipman, (Utah 1896), 45 P.348, 13 Utah 454, wherein it states:
The words “bought and paid for” are not a limitation to only such as have been actually paid for
“
in cash, or to those which have been patented, and the title to which has been actually parted with
by the United States; but they include all lands which have been purchased by the Indians, either
by the payment of money, or by exchange, or by the surrender of possession of other property.”
25 U.S.C. 402 (28 Stat. 305) August 15, 1894 - Leases of surplus lands
The surplus lands of any tribe may be leased for farming purposes by the council of such tribe
under the same rules and regulations and for the same term of years as was on August 15, 1894,
allowed in the case of leases for grazing purposes.
25 U.S.C. 402a (44 Stat. 894) July 3, 1926 - Lease of unallotted irrigable lands for farming
purposes
The unallotted irrigable lands on any Indian reservation may be leased for farming purposes for
not to exceed ten years with the consent of the tribal council, business committee, or other
authorized body representative of the Indians, under such rules and regulations as the Secretary
of the Interior may prescribe.
25 U.S.C. 403 (26 Stat. 856) June 25, 1910 - Leases of lands held in trust
Any Indian allotment held under a trust patent may be leased by the allottee for a period not to
exceed five years, subject to and in conformity with such rules and regulations as the Secretary
Issued: March 6, 2006
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