(a) Permits for the use of Indian land do not require our approval; however, you must fulfill the following requirements:
(1) Ensure that permitted activities comply with all applicable environmental and cultural resource laws; and
(2) Submit all permits to the appropriate BIA office to allow us to maintain a copy of the permit in our records. If we determine within 10 days of submission that the document does not meet the definition of “permit” and grants a legal interest in Indian land, we will notify you that a lease is required.
(b) The following table provides examples of some common characteristics of permits versus leases.
| Permit | Lease |
|---|---|
| Does not grant a legal interest in Indian land | Grants a legal interest in Indian land. |
| Shorter term | Longer term. |
| Limited use | Broader use with associated infrastructure. |
| Permittee has non-possessory right of access | Lessee has right of possession, ability to limit or prohibit access by others. |
| Indian landowner may terminate at any time | Indian landowner may terminate under limited circumstances. |
(c) We will not administer or enforce permits on Indian land.
(d) We may grant permits for the use of Government land. The leasing regulations in this part will apply to such permits, as appropriate.
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