Leasing on Individual Indian and Tribal Lands

The Bureau of Indian Affairs (BIA) Division of Real Estate Services (DRES) coordinates the surface lease approval process on individually-owned and Tribal trust and restricted American Indian and Alaska Native lands.

DRES works with Tribal Nations to promote and support Tribal sovereignty and self-determination (Executive Order 14112). DRES coordinates the approval of individual Tribes’ surface lease regulations through the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act). DRES also coordinates a streamlined lease approval process for broadband infrastructure projects as part of the National Tribal Broadband Strategy.

For surface leases on individual Indian and Tribal trust and restricted lands that undergo the BIA surface lease approval process, DRES makes timely leasing decisions that support the development of economic opportunities for American Indian and Alaska Native landowners and Tribes and promote Tribal self-determination.

Surface leases include:

• Agricultural leases,
• Business leases,
• Residential leases, and
• Wind energy evaluation leases (WEELs) and wind and solar resource (WSR) leases.

The approval process for subsurface leases, also known as mineral leases, on American Indian and Alaska Native lands is coordinated by the Indian Energy Service Center (IESC). To learn more, visit Mineral Leasing on Individual Indian and Tribal Lands.

For the approval process for rights-of-way (ROWs), visit Rights-of-Way on Individual Indian and Tribal Lands.

Surface Lease Approval Processes

A surface lease is required when a non-owner would like to use or occupy individual Indian or Tribal trust or restricted land, or when an individual Indian owner with a fractional interest in the land does not have permission from all the owners to use or occupy the land without a lease.

Most surface leases on individual Indian and Tribal trust and restricted land must undergo an approval process.

Through the HEARTH Act, some Tribes have their own approval processes for some or all surface lease types, including lease types not specified on this page, on Tribal trust and restricted land within their jurisdiction. Visit Approved HEARTH Act Regulations to view specific Tribes’ surface lease regulations.

Business leases and rights-of-way (ROW) for federally-funded Tribal broadband infrastructure projects may undergo a streamlined approval process. Visit Broadband Authorization and Permitting and the Division of Indigenous Connectivity and Technology to learn more.

Otherwise, all surface leases on individual Indian land, as well as surface leases on Tribal trust and restricted land without approved HEARTH Act regulations, undergo the BIA surface lease approval process coordinated by DRES.

Submitted lease proposal packages will return a written notification of a BIA decision within 20-90 business days, depending on the lease type and the actions requested. Visit individual surface leasing pages to learn about lease requirements and approval and notification processes.

For more information on obtaining a lease, contact the local BIA or Tribal realty office with jurisdiction over the land.

BIA Leasing Assistance 

BIA Leasing Assistance for Individual Landowners

If you are an individual Indian landowner, submit a written request to your local BIA or Tribal realty office if you would like BIA assistance with any of the following:

• Negotiating a lease for your land,
• Finding a prospective lessee for your land.
• Concerns regarding BIA management of your land, or
• A lessee that fails to comply with the terms and conditions of your lease.

BIA Leasing Assistance for Prospective Lessees

If you are an individual or entity interested in leasing a specific parcel of individual Indian or Tribal land, you may submit a written request to the local BIA or Tribal realty office specifying your intent to negotiate a lease, in order to obtain the following information:

• Names and addresses of the individual Indian landowners or their representatives,
• Information on the location of the parcel, and
• The percentage of undivided interest owned by each individual Indian landowner.

Upon written request, the realty office may assist you in contacting the individual Indian landowners or their representatives for the purpose of negotiating a lease.