The Laws Regarding Leasing Indian Trust Land

The Leasing Of Indian Trust Land

The secretary of the interior must approve the lease of all Indian land whether agricultural, mineral and gas, business or residential. Federal regulations still apply if the tribe has their own realty services and requires approval of the BIA. Federal regulations state the secretary can provide the required consent for landowners and groups. This means not all landowners are aware or have consented to all leasing decisions.

The Process

The process is the same for both non-Indians and Indians regarding the leasing of Indian trust land. The leasing application is submitted to the BIA realty office who then provides a list of the addresses and names of the landowners with the purpose of acquiring consent.

The Lease

Thirteen months before the expiration of a lease a notice is sent by the BIA. The owner of the land has thirty days to negotiate a new lease. If they are unable to do so the bidding process will begin automatically. The new lease is drafted once the highest bid has been selected. The lease then receives approval from the tribal realty. It is then sent to the Land Titles and Records Office. The owner of the land will be sent a copy. All payments are sent to the Bia, receive processing from the OST and are disbursed to the tribes and owners of the land through the IIM.

The Requirements

Most the interest holders must consent to the lease for it to be approved by the BIA. With five owners or less the approval is ninety percent. Six to ten owners require an eight percent approval. Eleven to nineteen owners require a sixty percent approval. If twenty or more owners exist a fifty percent approval is required. In cases of Indian trust land and laws a Palm Springs Native American land use lawyer is highly recommended.

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