Residential Leases on Individual Indian and Tribal Lands

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

Residential leases are leases for housing purposes, including the use or construction of:

• A single family residence;
• Housing for public purposes, which may include office space necessary to administer programs for housing and for public purposes;
• Single-family residential developments; and
• Multi-family developments that are not housing for public purposes.

Residential leases may be for undeveloped land, known as “ground leases,” or on developed land, known as “developed land leases.”

Residential Lease Approval Process

Through the HEARTH Act, some Tribes have their own residential lease approval processes on Tribal trust and restricted land within their jurisdiction. Visit Approved HEARTH Act Regulations to view specific Tribes’ residential lease regulations.

In addition, a Tribally-designated housing authority (TDHE) does not require BIA approval for a residential lease if it has Tribal authorization to possess that land through a Tribal land assignment.

Otherwise, leases for individually-owned Indian land, as well as Tribal trust and restricted land without approved HEARTH Act regulations, undergo the BIA residential lease approval process coordinated by DRES. 

The rest of this page describes the BIA residential lease approval process.

Residential Lease Package Requirements

To receive BIA approval of your residential lease, you must submit a residential lease package to your local BIA or Tribal realty office. A residential lease package is a collection of documents consisting of a copy of the lease, as well as any required supporting documents.

For a summary of information and provisions required in your lease, visit What to Include in Your Residential Lease Agreement.

In addition to a copy of the lease, most residential lease packages will include the documents below:

• Tribal authorization, if the lease is on Tribal land.
• Valuation of the lease.
• Statement from the appropriate Tribal authority that the lease complies with Tribal law.
• Reports, surveys, or assessments to show that the lease complies with Federal and Tribal land use requirements.
• Preliminary site plan identifying the proposed location of residential development, roads, and utilities.
• Legal description of the land.
• For restricted land, additional documentation is necessary to satisfy the requirements stated in 25 USC 415.

If the lessee is not an individual, but rather is a corporation, limited liability company, partnership, joint venture, or other legal entity (except a Tribal entity), the lessee must submit organization documents, certificates, and filing records to show that the entity may legally execute the lease, that the lease may be enforced against the entity, and that the entity is in good standing.

Unlike other types of leases on Indian land, the BIA does not require a lease bond or insurance to approve residential leases.

After You Submit Your Lease Package

The BIA will send a letter that acknowledges receipt of your residential lease package within 10 calendar days of receiving it. If your lease package is incomplete, the letter of acknowledgement will identify the missing information or required documents you must submit to complete your lease package.

If the lease is approved, the lease will be recorded by the BIA with the regional land titles and records office.

Leasehold Mortgages

Housing projects on leased trust or restricted land may be financed through private lender mortgages. While the BIA does not act as an underwriter, mortgages on leased trust or restricted land must be approved by the BIA.

For more information, please see Mortgages in Indian Country.