Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 7
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13Leasing and Permitting Chapter 1 – General Information
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Except in Alaska, notwithstanding any other provision of law, the Secretary may approve any
lease or agreement that affects individually owned allotted land or any other land held in trust or
restricted status by the Secretary on behalf of an Indian, if the owners of not less than the
applicable percentage of the undivided interest in the allotted land that is covered by the lease or
agreement consent in writing to the lease or agreement; and the Secretary determined that
approving the lease or agreement is in the best interest of the owners of the undivided interest in
the allotted land. The applicable percentage referred to shall be determined as follows:
(a) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable
percentage shall be 90 percent.
(b) If there are more than 5 such owners, but fewer than 11 such owners, the applicable
percentage shall be 80 percent.
(c) It there are more than 10 such owners, but fewer than 20 such owners, the applicable
percentage shall be 60 percent.
(d) If there are 20 or more such owners, the applicable percentage shall be a majority of the
interests in the allotted land.
25 U.S.C. 2220, January 20, 2004 - Owner-managed interests
Notwithstanding any provision of Federal law requiring the Secretary to approve individual
Indian leases of individual Indian trust or restricted land, where the owners of all of the
undivided trust or restricted interests in a parcel of land have submitted applications to the
Secretary, and the Secretary has approved such applications, such owners may, without further
approval by the Secretary, enter into a lease of the parcel for agricultural purposes for a term not
to exceed 10 years. No such lease shall be effective until it has been executed by the owners of
all undivided trust or restricted interests in the parcel. (See
Exhibit 3 - Section 221 of
AIPRA.)
The Indian Agriculture Resources Management Act of 1993 (AIARMA) (25 U.S.C. 3712,
et.seq, as amended)
Section 3715 of the act delineates specific authorities and rights of the Indian landowner(s),
extends lease tenure authority, and under specific circumstances, allows for an exemption from
certain tribal rules. Under negotiated leases, the majority (50% or greater) consent of the
landowners binds the minority as long as the minority interest owners receive not less than fair
market value. The act requires plans that may include, but are not limited to, depiction of
fencing requirements, areas to be excluded from permitting, trespass prevention/resolution
procedures, livestock control responsibilities, and resource development objectives and
responsibilities. Section 102 of AIARMA describes Indian participation in land management
activities and establishes the relationship of tribes and the Secretary of the Interior with regard to
Indian land management activities and tribal laws and ordinances. The section also includes
laws that regulate environment and historic or cultural preservation and land use or other
activities under tribal jurisdiction. The section states that the Secretary will assist in the
enforcement of such laws, furnish notice of laws affecting lands that will have an affect on
agricultural lands, and ensure that Federal officials appear in tribal forums at the request of a
tribe.
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
(25 U.S.C. 4211)
Issued: March 6, 2006
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