# 25 CFR § 162.106: What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-162.106

## Section

- **Citation:** 25 CFR § 162.106
- **Heading:** What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?
- **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 B—Agricultural Leases

## Text

(a) If an agricultural lease is required, and possession is taken without an agricultural lease by a party other than an Indian landowner of the tract, we will treat the unauthorized use as a trespass. Unless we have reason to believe that the party in possession is engaged in negotiations with the Indian landowners to obtain an agricultural lease, we will take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law.
(b) Where a trespass involves Indian agricultural land, we will also assess civil penalties and costs under part 166, subpart I, of this chapter.
[66 FR 7109, Jan. 22, 2001, as amended at 77 FR 72474, Dec. 5, 2012; 78 FR 19100, Mar. 29, 2013]

## Nearby sections

- [25 CFR § 162.101 § 162.101 What key terms do I need to know for this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.101.md)
- [25 CFR § 162.105 § 162.105 Can tracts with different Indian landowners be unitized for agricultural leasing purposes?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.105.md)
- [25 CFR § 162.106 § 162.106 What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.106.md)
- [25 CFR § 162.107 § 162.107 What are BIA's objectives in granting or approving agricultural leases?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.107.md)
- [25 CFR § 162.108 § 162.108 What are BIA's responsibilities in administering and enforcing agricultural leases?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.108.md)
- [25 CFR § 162.109 § 162.109 What laws, other than these regulations, will apply to agricultural leases granted or approved under this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.109.md)
- [25 CFR § 162.110 § 162.110 Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.110.md)
- [25 CFR § 162.111 § 162.111 Who owns the records associated with this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.111.md)
- [25 CFR § 162.112 § 162.112 How must records associated with this part be preserved?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.112.md)
- [25 CFR § 162.113 § 162.113 May decisions under this subpart be appealed?](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.113.md)
- [25 CFR § 162.600 § 162.600 Crow Reservation.](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.600.md)
- [25 CFR § 162.601 § 162.601 Fort Belknap Reservation.](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.601.md)
- [25 CFR § 162.602 § 162.602 Cabazon, Augustine, and Torres-Martinez Reservations, California.](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.602.md)
- [25 CFR § 162.603 § 162.603 San Xavier and Salt River Pima-Maricopa Reservations.](https://www.frixlaw.com/law-library/statutes/ecfr-25-162.603.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-162.106. Check the current official text before relying on it. Not legal advice.