25 C.F.R. § 162.107

What are BIA's objectives in granting or approving agricultural leases?

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We will assist Indian landowners in leasing their land for agricultural purposes. For the purposes of §§ 162.102 through 162.256:

(a) We will assist Indian landowners in leasing their land, either through negotiations or advertisement. In reviewing a negotiated lease for approval, we will defer to the landowners' determination that the lease is in their best interest, to the maximum extent possible. In granting a lease on the landowners' behalf, we will obtain a fair annual rental and attempt to ensure (through proper notice) that the use of the land is consistent with the landowners' wishes. We will also recognize the rights of Indian landowners to use their own land, so long as their Indian co-owners are in agreement and the value of the land is preserved.

(b) We will recognize the governing authority of the tribe having jurisdiction over the land to be leased, preparing and advertising leases in accordance with applicable tribal laws and policies. We will promote tribal control and self-determination over tribal land and other land under the tribe's jurisdiction, through contracts and self-governance compacts entered into under the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. § 450f et seq.

[66 FR 7109, Jan. 22, 2001, as amended at 77 FR 72474, Dec. 5, 2012]
Notes of Decisions
Cited in 4 cases, 2008–2017 · leading case: Skull Valley Band of Goshute Indians v. Davis, 728 F. Supp. 2d 1287 (D. Utah 2010).
Skull Valley Band of Goshute Indians v. Davis, 728 F. Supp. 2d 1287 (D. Utah 2010). · cites it 17× “The Cason ROD was “not in accordance with law” Plaintiffs first assert that the DOI decision reached in the Cason ROD was contrary to 25 C.F.R. § 162.107 (a), which provides that, “[i]n reviewing a negotiated lease for approval, [the agency] will defer to the landowners’…”
Garreaux v. United States, 544 F. Supp. 2d 885 (D.S.D. 2008). · cites it 3× “25 C.F.R. § 162.107 (a). [¶ 27] Approvals of leases are directly handled by the Bureau of Indian Affairs (BIA) by delegation from the Department of Interior.”
Moody v. United States (Fed. Cl. 2017). · cites it 2× “§ 3715 (a)-(b); 25 C.F.R. §§ 162.107 ; 162.207; 162.214. Generally, the BIA will approve any lease that is in the best interest of an Indian landowner, 25 C.”
Moody v. United States (Fed. Cl. 2017). · cites it 2× “§ 3715 (a)-(b); 25 C.F.R. §§ 162.107 ; 162.207; 162.214. Generally, the BIA will approve any lease that is in the best interest of an Indian landowner, 25 C.”
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