---
kind: "range"
citation: "25 C.F.R. §§ 162.207–162.209"
title: "25"
from: "162.207"
to: "162.209"
count: 3
url: "https://uscodex.org/cfr/25/162.207..162.209"
---

# §162.207. When can the Indian landowners grant an agricultural lease?

- (a) Tribes grant leases of tribally-owned agricultural land, including any tribally-owned undivided interest(s) in a fractionated tract, subject to our approval. Where tribal land is subject to a land assignment made to a tribal member or some other individual under tribal law or custom, the individual and the tribe must both grant the lease, subject to our approval.
- (b) Adult Indian owners, or emancipated minors, may grant agricultural leases of their land, including undivided interests in fractionated tracts, subject to our approval.
- (c) An agricultural lease of a fractionated tract may be granted by the owners of a majority interest in the tract, subject to our approval. Although prior notice to non-consenting individual Indian landowners is generally not needed prior to our approval of such a lease, a right of first refusal must be offered to any non-consenting Indian landowner who is using the entire lease tract at the time the lease is entered into by the owners of a majority interest. Where the owners of a majority interest grant such a lease on behalf of all of the Indian owners of a fractionated tract, the non-consenting Indian landowners must receive a fair annual rental.
- (d) As part of the negotiation of a lease, Indian landowners may advertise their land to identify potential tenants with whom to negotiate.

# §162.208. Who can represent the Indian landowners in negotiating or granting an agricultural lease?


The following individuals or entities may represent an individual Indian landowner:

- (a) An adult with custody acting on behalf of his or her minor children;
- (b) A guardian, conservator, or other fiduciary appointed by a court of competent jurisdiction to act on behalf of an individual Indian landowner;
- (c) **An adult or legal entity who has been given a written power of attorney that—**
  - (1) Meets all of the formal requirements of any applicable tribal or state law;
  - (2) Identifies the attorney-in-fact and the land to be leased; and
  - (3) **Describes the scope of the power granted and any limits thereon.**

# §162.209. When can BIA grant an agricultural lease on behalf of an Indian landowner?

- (a) We may grant an agricultural lease on behalf of:
  - (1) Individuals who are found to be non compos mentis by a court of competent jurisdiction;
  - (2) Orphaned minors;
  - (3) The undetermined heirs and devisees of deceased Indian owners;
  - (4) Individuals who have given us a written power of attorney to lease their land; and
  - (5) Individuals whose whereabouts are unknown to us, after reasonable attempts are made to locate such individuals; and
  - (6) The individual Indian landowners of fractionated Indian land, when necessary to protect the interests of the individual Indian landowners.
- (b) We may grant an agricultural lease on behalf of all of the individual Indian owners of a fractionated tract, where:
  - (1) We have provided the Indian landowners with written notice of our intent to grant a lease on their behalf, but the Indian landowners are unable to agree upon a lease during a three-month negotiation period immediately following such notice, or any other notice period established by a tribe under [§ 162.203(c)](/cfr/25/162.203.md?p=c) of this subpart; and
  - (2) The land is not being used by an Indian landowner under [§ 162.104(b)](/cfr/25/162.104.md?p=b) of this part.