25 CFR § 162.005
When do I need a lease to authorize possession of Indian land?
February 24, 2021
(a) You need a lease under this part to possess Indian land if you meet one of the criteria in the following table, unless you are authorized to possess or use the Indian land by a land use agreement not subject to this part under §162.006(b) or by a permit.
Open Table
| If you are . . . | then you must obtain a lease under this part . . . |
|---|---|
| (1) A person or legal entity (including an independent legal entity owned and operated by a tribe) who is not an owner of the Indian land | from the owners of the land before taking possession of the land or any portion thereof. |
| (2) An Indian landowner of a fractional interest in the land | from the owners of other trust and restricted interests in the land, unless all of the owners have given you permission to take or continue in possession without a lease. |
(b) You do not need a lease to possess Indian land if:
(1) You are an Indian landowner who owns 100 percent of the trust or restricted interests in a tract; or
(2) You meet any of the criteria in the following table.
Open Table
| You do not need a lease if you are . . . | but the following conditions apply . . . |
|---|---|
| (i) A parent or guardian of a minor child who owns 100 percent of the trust or restricted interests in the land | We may require you to provide evidence of a direct benefit to the minor child and when the child is no longer a minor, you must obtain a lease to authorize continued possession. |
| (ii) A 25 U.S.C. 477 corporate entity that manages or has the power to manage the tribal land directly under its Federal charter or under a tribal authorization (not under a lease from the Indian tribe) | You must record documents in accordance with §162.343, §162.443, and §162.568. |
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