25 CFR 162.013 - Who is authorized to consent to a lease?

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§ 162.013 Who is authorized to consent to a lease?

(a) Indian tribes, adult Indian landowners, and emancipated minors, may consent to a lease of their land, including undivided interests in fractionated tracts.

(b) The following individuals or entities may consent on behalf of an individual Indian landowner:

(1) An adult with legal custody acting on behalf of his or her minor children;

(2) A guardian, conservator, or other fiduciary appointed by a court of competent jurisdiction to act on behalf of an individual Indian landowner;

(3) Any person who is authorized to practice before the Department of the Interior under 43 CFR 1.3(b) and has been retained by the Indian landowner for this purpose;

(4) BIA, under the circumstances in paragraph (c) of this section; or

(5) An adult or legal entity who has been given a written power of attorney that:

(i) Meets all of the formal requirements of any applicable law under § 162.014;

(ii) Identifies the attorney-in-fact; and

(iii) Describes the scope of the powers granted, to include leasing land, and any limits on those powers.

(c) BIA may give written consent to a lease, and that consent must be counted in the percentage ownership described in § 162.012, on behalf of:

(1) The individual owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined;

(2) An individual whose whereabouts are unknown to us, after we make a reasonable attempt to locate the individual;

(3) An individual who is found to be non compos mentis or determined to be an adult in need of assistance who does not have a guardian duly appointed by a court of competent jurisdiction, or an individual under legal disability as defined in part 115 of this chapter;

(4) An orphaned minor who does not have a guardian duly appointed by a court of competent jurisdiction;

(5) An individual who has given us a written power of attorney to lease their land; and

(6) The individual Indian landowners of a fractionated tract where:

(i) We have given the Indian landowners written notice of our intent to consent to a lease on their behalf;

(ii) The Indian landowners are unable to agree upon a lease during a 3 month negotiation period following the notice; and

(iii) The land is not being used by an Indian landowner under § 162.005(b)(1).

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 25 - INDIANS

§ 2 - Duties of Commissioner

§ 9 - Regulations by President

§ 380 - Lease of inherited allotments by superintendent

§ 393 - Leases of restricted allotments

§ 393a - Lands of Five Civilized Tribes

§ 394 - Leases of arid allotted lands

§ 395 - Leases of allotted lands where allottee is in­capacitated

§ 397 - Leases of lands for grazing or mining

§ 402 - Leases of surplus lands

§ 402a - Lease of unallotted irrigable lands for farming purposes

§ 403 - Leases of lands held in trust

§ 403a - Lease of lands on Port Madison and Snohomish or Tulalip Indian Reservations in Washington

§ 403a-1

§ 403a-2

§ 403b - Lease of restricted lands in State of Washington

§ 403c - Identity of lessor; period of lease

§ 409a - Sale of restricted lands; reinvestment in other restricted lands

§ 413 - Fees to cover cost of work performed for Indians

§ 415 - Leases of restricted lands

§ 415a - Lease of lands of deceased Indians for benefit of heirs or devisees

§ 415b - Advance payment of rent or other consideration

§ 415c - Approval of leases

§ 415d - Lease of restricted lands under other laws unaffected

§ 477 - Transferred

§ 635 - Omitted

§ 3701 - Findings

§ 3702 - Purposes

§ 3703 - Definitions

§ 3713 - Indian agricultural lands trespass

§ 3714 - Assessment of Indian agricultural management programs

§ 3715 - Leasing of Indian agricultural lands

§ 3731 - Indian and Alaska Native agriculture management education assistance programs

§ 3733 - Cooperative agreement between Department of the Interior and Indian tribes

Statutes at Large

Title 25 published on 07-Nov-2018 04:02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 25 CFR Part 162 after this date.

  • 2013-05-13; vol. 78 # 92 - Monday, May 13, 2013
    1. 78 FR 27859 - Residential, Business, and Wind and Solar Resource Leases on Indian Land
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
      Final rule; correcting amendment.
      This correction is effective on May 13, 2013.
      25 CFR Part 162