C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER I—ENERGY AND MINERALS › PART 212—LEASING OF ALLOTTED LANDS FOR MINERAL DEVELOPMENT › Subpart B—How To Acquire Leases

25 C.F.R. § 212.21

Execution of leases

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(a) The Secretary shall not execute a mineral lease on behalf of an Indian mineral owner, except when such owner is deceased and the heirs to or devisee of the estate have not been determined, or if determined, some or all of them cannot be located. Leases involving such interests may be executed by the Secretary, provided that the mineral interest shall have been offered for sale under the provisions of section 212.20(b) (1) through (6).

(b) The Secretary may execute leases on behalf of minors and persons who are incompetent by reason of mental incapacity; Provided, that there is no parent, guardian, conservator, or other person who has lawful authority to execute a lease on behalf of the minor or person with mental incapacity.

(c) If an owner is a life tenant, the procedures set forth in 25 CFR part 179 (Life Estates and Future Interests), shall apply.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Fredericks v. United States Dep't of the Interior (D.D.C. 2021).
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Fredericks v. United States Dep't of the Interior (D.D.C. 2021). · cites it 4× “See 25 C.F.R. § 212.21 (c) (1996) (“If an owner is a life tenant, the procedures set forth in 25 CFR part 179 (Life Estates and Future Interests), shall apply.”
— 25 C.F.R. § 212.21(a)(b)(c) — 1 case
Fredericks v. United States Dep't of the Interior (D.D.C. 2021). “See 25 C.F.R. § 212.21 (c) (1996) (“If an owner is a life tenant, the procedures set forth in 25 CFR part 179 (Life Estates and Future Interests), shall apply.”
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