Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 8
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13Leasing and Permitting Chapter 1 – General Information
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Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally
or individually owned, may be leased by the Indian owners, subject to the approval of the
affected Indian tribe and the Secretary of the Interior, for housing development and residential
purposes (this includes residential leases granted to non-tribal, privately-financed developers).
Each lease shall be for a term not exceeding 50 years.
2.2
Indian Affairs Manuals (IAMs) and Bureau Of Indian Affairs Manuals
(BIAMs)
Reserved
This handbook includes and replaces the procedures detailed in 54 BIAM.
2.3
Federal Regulations
Leases are processed under the regulations found at 25 CFR 162, Subpart A - General
Provisions; Subpart B - Agricultural Leases; Subpart E - Special Requirements for Certain
Reservations 162.500 Crow Reservation and Subpart F - Non-Agricultural Leases. (See
Exhibit 4
- 25 CFR Part
162.) Subpart C - Residential Leases and Subpart D - Business Leases were
reserved when this regulation was published January 22, 2001. Pending future publication of the
subparts that have been reserved, Subpart F will govern the processing of residential and
business leases. 25 CFR Part162 does not address mineral leases, prospecting permits, mineral
development agreements, grazing permits, timber contracts, management contracts, joint venture
agreements, or encumbrances of tribal lands that are covered under 25 U.S.C. § 81.
Additionally, the regulation does not apply to leases of water rights associated with Indian lands,
except the use of water rights that are incorporated in the lease of the land itself; the payment of
fees and drainage and irrigation charges pursuant to 25 CFR 162.611; easements or rights-of-
way; trader’s licenses; or land assignments and similar authorizations of temporary use by tribal
members, in accordance with tribal laws or custom.
In accordance with 25 CFR 162.208 and 162.605, leases of individually owned land or tribal
land may be granted by the following:
Adults, other than those non compos mentis;
Adults, other than those non compos mentis, on behalf of their minor children, and on
behalf of minor children to whom they stand in loco parentis when such children do not
have a legal representative;
Guardians, conservators or other fiduciaries appointed by a state or a tribal court [court of
competent jurisdiction] operating under an approved constitution or law and order code,
of a minor or persons who are non compos mentis or are otherwise under legal disability ;
or
Delegated tribal officials. (Note: Section 17 tribal corporation leases do not require
Secretarial approval, but can only be leased up to 25 years.)
2.4
Delegation Of Authority
The authority of the Secretary of the Interior has been delegated to the Director, Bureau of Indian
Affairs, by the Assistant Secretary - Indian Affairs in 230 DM 1 and redelegated to the Regional
Directors. This delegation can be reviewed in the Indian Affairs Manual Release #00-03, Part 3,
Chapter 4. Unless otherwise limited, the Regional Directors may redelegate this authority at their
Issued: March 6, 2006
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