---
kind: "section"
citation: "25 U.S.C. § 2218"
title: "25"
title_heading: "Indians"
number: "2218"
heading: "Approval of leases, rights-of-way, and sales of natural resources"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/2218"
units:
  - "Chapter 24 — Indian Land Consolidation"
---

# §2218. Approval of leases, rights-of-way, and sales of natural resources

- (a) **Approval by the Secretary—**
  - (1) **In general—** Notwithstanding any other provision of law, the [Secretary](/usc/25/2201.md?p=3) may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the [Secretary](/usc/25/2201.md?p=3) on behalf of an [Indian](/usc/25/2201.md?p=2), if—
    - (A) the owners of not less than the applicable percentage (determined under [subsection (b)](#b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
    - (B) the [Secretary](/usc/25/2201.md?p=3) determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
  - (2) **Rule of construction—** Nothing in this section shall be construed to apply to leases involving coal or uranium.
  - (3) **Definition—** In this section, the term “allotted land” includes any land held in trust or restricted status by the [Secretary](/usc/25/2201.md?p=3) on behalf of one or more [Indians](/usc/25/2201.md?p=2).
- (b) **Applicable percentage—**
  - (1) **Percentage interest—** The applicable percentage referred to in [subsection (a)(1)](#a-1) shall be determined as follows:
    - (A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
    - (B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
    - (C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
    - (D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
  - (2) **Determination of owners—**
    - (A) **In general—** For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided interest in the allotted land with respect to a lease or agreement, the [Secretary](/usc/25/2201.md?p=3) shall make such determination based on the records of the Department of the Interior that identify the owners of such lands and their interests and the number of owners of such land on the date on which the lease or agreement involved is submitted to the [Secretary](/usc/25/2201.md?p=3) under this section.
    - (B) **Rule of construction—** Nothing in [subparagraph (A)](#b-2-A) shall be construed to authorize the [Secretary](/usc/25/2201.md?p=3) to treat an [Indian tribe](/usc/25/5130.md?p=2) as the owner of an interest in allotted land that did not escheat to the tribe pursuant to [section 2206 of this title](/usc/25/2206.md) as a result of the Supreme Court’s decision in Babbitt v. Youpee (117 S[^1] Ct. 727 (1997)).
- (c) **Authority of Secretary to sign lease or agreement on behalf of certain owners—** The [Secretary](/usc/25/2201.md?p=3) may give written consent to a lease or agreement under [subsection (a)](#a)—
  - (1) on behalf of the individual [Indian](/usc/25/2201.md?p=2) owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or
  - (2) on behalf of any heir or devisee referred to in [paragraph (1)](#c-1) if the heir or devisee has been determined but cannot be located[^1]
- (d) **Effect of approval—**
  - (1) **Application to all parties—**
    - (A) **In general—** Subject to [paragraph (2)](#d-2), a lease or agreement approved by the [Secretary](/usc/25/2201.md?p=3) under [subsection (a)](#a) shall be binding on the parties described in [subparagraph (B)](#d-1-B), to the same extent as if all of the owners of the undivided interest in allotted land covered under the lease or agreement consented to the lease or agreement.
    - (B) **Description of parties—** The parties referred to in [subparagraph (A)](#d-1-A) are—
      - (i) the owners of the undivided interest in the allotted land covered under the lease or agreement referred to in such subparagraph; and
      - (ii) all other parties to the lease or agreement.
  - (2) **Tribe not treated as party to lease; no effect on tribal sovereignty, immunity—**
    - (A) **In general—** [Subparagraph (B)](#d-2-B) shall apply with respect to any undivided interest in allotted land held by the [Secretary](/usc/25/2201.md?p=3) in trust for a tribe if a lease or agreement under [subsection (a)](#a) is otherwise applicable to such undivided interest by reason of this section even though the [Indian tribe](/usc/25/5130.md?p=2) did not consent to the lease or agreement.
    - (B) **Application of lease—** The lease or agreement described in [subparagraph (A)](#d-2-A) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the [Indian tribe](/usc/25/5130.md?p=2) to payment under the lease or agreement), and the [Indian tribe](/usc/25/5130.md?p=2) shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the [Indian tribe](/usc/25/5130.md?p=2).
- (e) **Distribution of proceeds—**
  - (1) **In general—** The proceeds derived from a lease or agreement that is approved by the [Secretary](/usc/25/2201.md?p=3) under [subsection (a)](#a) shall be distributed to all owners of undivided interest in the allotted land covered under the lease or agreement.
  - (2) **Determination of amounts distributed—** The amount of the proceeds under [paragraph (1)](#e-1) that are distributed to each owner under that paragraph shall be determined in accordance with the portion of the undivided interest in the allotted land covered under the lease or agreement that is owned by that owner.
- (f) **Rule of construction—** Nothing in this section shall be construed to amend or modify the provisions of Public Law 105–188 ([25 U.S.C. 396](/usc/25/396.md) note), the American [Indian](/usc/25/2201.md?p=2) Agricultural Resources Management Act ([25 U.S.C. 3701](/usc/25/3701.md) et seq.), title II of the [Indian](/usc/25/2201.md?p=2) Land Consolidation Act Amendments of 2000, or any other Act that provides specific standards for the percentage of ownership interest that must approve a lease or agreement on a specified reservation.
- (g) **Other laws—** Nothing in this chapter shall be construed to supersede, repeal, or modify any general or specific statute authorizing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land.

## Footnotes

[^1]: So in original. Probably should be followed by a period.

## Source credit

(Pub. L. 97–459, title II, § 219, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004; amended Pub. L. 108–374, § 6(a)(10), (11), Oct. 27, 2004, 118 Stat. 1804.)

## Notes

### Editorial Notes

### References in Text

The American Indian Agricultural Resources Management Act, referred to in subsec. (f), probably means the American Indian Agricultural Resource Management Act, Pub. L. 103–177, Dec. 3, 1993, 107 Stat. 2011, as amended, which is classified generally to chapter 39 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.

The Indian Land Consolidation Act Amendments of 2000, referred to in subsec. (f), is Pub. L. 106–462, Nov. 7, 2000, 114 Stat. 1991. Title II of the Act enacted provisions classified as a note under section 396 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.

This chapter, referred to in subsec. (g), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.

### Amendments

2004—Subsec. (b)(1)(A). Pub. L. 108–374, § 6(a)(10), substituted “90” for “100”.

Subsec. (g). Pub. L. 108–374, § 6(a)(11), added subsec. (g).