25 CFR §162.324
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)A residential lease must specify whether the lessee will make payments directly to the Indian landowners (direct pay) or to us on their behalf.
- (b)The lessee may make payments directly to the Indian landowners if:
- (c)If the lease provides that the lessee will directly pay the Indian landowners, then:
- (1)The lease must include provisions for proof of payment upon our request.
- (2)When we consent on behalf of an Indian landowner, the lessee must make payment to us on behalf of that landowner.
- (3)The lessee must send direct payments to the parties and addresses specified in the lease, unless the lessee receives notice of a change of ownership or address.
- (4)Unless the lease provides otherwise, payments may not be made payable directly to anyone other than the Indian landowners.
- (5)Direct payments must continue through the duration of the lease, except that:
- (i)The lessee must make all Indian landowners' payments to us if 100 percent of the Indian landowners agree to suspend direct pay and provide us with documentation of their agreement; and
- (ii)The lessee must make an individual Indian landowner's payment to us if that individual Indian landowner who dies, is declared non compos mentis, owes a debt resulting in a trust account encumbrance, or his or her whereabouts become unknown.