Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 6
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13Leasing and Permitting Chapter 1 – General Information
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of the Interior may prescribe, and the proceeds of any such lease shall be paid to the allottee or
his heirs, or expended for his or their benefit, at the discretion of the Secretary of the Interior.
25 U.S.C. 413 (47 Stat. 1417) March 1, 1933 - Fees to cover cost of work performed for
Indians
The Secretary of the Interior is hereby authorized, in his discretion, and under such rules and
regulations as he may prescribe, to collect reasonable fees to cover the cost of any and all work
performed for Indian tribes or for individual Indians, to be paid by vendees, lessees, or assignees,
or deducted from the proceeds of sale, leases, or other sources of revenue: provided, that the
amounts so collected shall be covered into the Treasury as miscellaneous receipts, except when
the expenses of the work are paid from Indian tribal funds, in which event they shall be credited
to such funds.
25 U.S.C. 415 (69 Stat. 539) August 9, 1955 and as amended - Leases of restricted lands for
public, religious, educational, recreational, residential, business and other purposes
Any restricted Indian lands, whether tribally or individually owned, may be leased by the Indian
owners, with the approval of the Secretary of the Interior, for public, religious, educational,
recreational, residential, or business purposes, including the development or utilization of natural
resources in connection with operations under such leases, for grazing purposes, and for those
farming purposes which require the making of a substantial investment in the improvement of
the land for the production of specialized crops as determined by said Secretary. All leases so
granted shall be for a primary term not to exceed twenty-five years and a single renewal period
of up to 25 years, except leases of land located in specifically delineated reservations.
25 U.S.C. 415b (69 Stat. 540) August 9, 1955 - Advance payment of rent or other
consideration
No rent or other consideration for the use of land leased under sections 415 to 415d of this title
shall be paid or collected more than one year in advance, unless so provided in the lease.
25 U.S.C. 477 (48 Stat. 988) June 18, 1934 - Incorporation of Indian tribes; charter,
ratification by election
The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to
such tribe: provided that such charter shall not become operative until ratified by the governing
body of such tribe. Such charter may convey to the incorporated tribe the power to purchase,
take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of
every description, real and personal, including the power to purchase restricted Indian lands and
to issue in exchange therefore interests in corporate property, and such further powers as may be
incidental to the conduct of corporate business, not inconsistent with law, but no authority shall
be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or
restricted lands included in the limits of the reservation. Any charter so issued shall not be
revoked or surrendered except by Act of Congress.
25 U.S.C. 2218 November 7, 2000, as amended by the American Indian Probate Reform
Act of 2004 - Approval of leases, rights-or-way, and sales of natural resources on allotted
lands
Issued: March 6, 2006
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