25 C.F.R. § 162.010

How do I obtain a lease?

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(a) This section establishes the basic steps to obtain a lease.

(1) Prospective lessees must:

(i) Directly negotiate with Indian landowners for a lease; and

(ii) For fractionated tracts, notify all Indian landowners and obtain the consent of the Indian landowners of the applicable percentage of interests, under § 162.012; and

(2) Prospective lessees and Indian landowners must:

(i) Prepare the required information and analyses, including information to facilitate our analysis under applicable environmental and cultural resource requirements; and

(ii) Ensure the lease complies with the requirements in subpart C for residential leases, subpart D for business leases, or subpart E for wind energy evaluation, wind resource, or solar resource leases; and

(3) Prospective lessees or Indian landowners must submit the lease, and required information and analyses, to the BIA office with jurisdiction over the lands covered by the lease, for our review and approval.

(b) Generally, residential, business, wind energy evaluation, wind resource, and solar resource leases will not be advertised for competitive bid.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Grondal v. United States of Am. (E.D. Wash. 2021).
Grondal v. United States of Am. (E.D. Wash. 2021). “14 First, regarding Wapato Heritage’s alleged exclusion from the approval 15 process of the 2009 Replacement Lease, pursuant to 25 C.F.R. § 162.010 , 16 prospective lessees must “notify all Indian landowners and obtain the consent of the 17 Indian landowners of the applicable…”
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