# 25 CFR § 162.005: When do I need a lease to authorize possession of Indian land? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-162.005 ## Section - **Citation:** 25 CFR § 162.005 - **Heading:** When do I need a lease to authorize possession of Indian land? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER H—LAND AND WATER > PART 162—LEASES AND PERMITS > Subpart A—General Provisions > When to Get a Lease ## Text (a) You need a lease under this part to possess Indian land if you meet one of the criteria in the following table, unless you are authorized to possess or use the Indian land by a land use agreement not subject to this part under § 162.006(b) or by a permit. If you are . . . then you must obtain a lease under this part . . . (1) A person or legal entity (including an independent legal entity owned and operated by a tribe) who is not an owner of the Indian land from the owners of the land before taking possession of the land or any portion thereof. (2) An Indian landowner of a fractional interest in the land from the owners of other trust and restricted interests in the land, unless all of the owners have given you permission to take or continue in possession without a lease. (b) You do not need a lease to possess Indian land if: (1) You are an Indian landowner who owns 100 percent of the trust or restricted interests in a tract; or (2) You meet any of the criteria in the following table. You do not need a lease if you are . . . but the following conditions apply . . . (i) A parent or guardian of a minor child who owns 100 percent of the trust or restricted interests in the land We may require you to provide evidence of a direct benefit to the minor child and when the child is no longer a minor, you must obtain a lease to authorize continued possession. (ii) A 25 U.S.C. 477 corporate entity that manages or has the power to manage the tribal land directly under its Federal charter or under a tribal authorization (not under a lease from the Indian tribe) You must record documents in accordance with § 162.343, § 162.443, and § 162.568. ## Nearby sections - [25 CFR § 162.001 § 162.001 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.001.md) - [25 CFR § 162.002 § 162.002 How is this part subdivided?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.002.md) - [25 CFR § 162.003 § 162.003 What key terms do I need to know?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.003.md) - [25 CFR § 162.004 § 162.004 To what land does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.004.md) - [25 CFR § 162.005 § 162.005 When do I need a lease to authorize possession of Indian land?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.005.md) - [25 CFR § 162.006 § 162.006 To what types of land use agreements does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.006.md) - [25 CFR § 162.007 § 162.007 To what permits does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.007.md) - [25 CFR § 162.008 § 162.008 Does this part apply to lease documents I submitted for approval before January 4, 2013?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.008.md) - [25 CFR § 162.009 § 162.009 Do I need BIA approval of a subleasehold mortgage?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.009.md) - [25 CFR § 162.010 § 162.010 How do I obtain a lease?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.010.md) - [25 CFR § 162.011 § 162.011 How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.011.md) - [25 CFR § 162.012 § 162.012 What are the consent requirements for a lease?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.012.md) - [25 CFR § 162.013 § 162.013 Who is authorized to consent to a lease?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.013.md) - [25 CFR § 162.014 § 162.014 What laws will apply to leases approved under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.014.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-162.005. Check the current official text before relying on it. Not legal advice.