{"data":{"id":"us/25-cfr-162.013","jurisdiction":"us","citation":"25 CFR 162.013","heading":"Who is authorized to consent to a lease?","body":"(a) Indian tribes, adult Indian landowners, and emancipated minors, may consent to a lease of their land, including undivided interests in fractionated tracts.\n(b) The following individuals or entities may consent on behalf of an individual Indian landowner:\n(1) An adult with legal custody acting on behalf of his or her minor children;\n(2) A guardian, conservator, or other fiduciary appointed by a court of competent jurisdiction to act on behalf of an individual Indian landowner;\n(3) Any person who is authorized to practice before the Department of the Interior under 43 CFR 1.3(b) and has been retained by the Indian landowner for this purpose;\n(4) BIA, under the circumstances in paragraph (c) of this section; or\n(5) An adult or legal entity who has been given a written power of attorney that:\n(i) Meets all of the formal requirements of any applicable law under § 162.014;\n(ii) Identifies the attorney-in-fact; and\n(iii) Describes the scope of the powers granted, to include leasing land, and any limits on those powers.\n(c) BIA may give written consent to a lease, and that consent must be counted in the percentage ownership described in § 162.012, on behalf of:\n(1) The individual owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined;\n(2) An individual whose whereabouts are unknown to us, after we make a reasonable attempt to locate the individual;\n(3) An individual who is found to be non compos mentis or determined to be an adult in need of assistance who does not have a guardian duly appointed by a court of competent jurisdiction, or an individual under legal disability as defined in part 115 of this chapter;\n(4) An orphaned minor who does not have a guardian duly appointed by a court of competent jurisdiction;\n(5) An individual who has given us a written power of attorney to lease their land; and\n(6) The individual Indian landowners of a fractionated tract where:\n(i) We have given the Indian landowners written notice of our intent to consent to a lease on their behalf;\n(ii) The Indian landowners are unable to agree upon a lease during a 3 month negotiation period following the notice; and\n(iii) The land is not being used by an Indian landowner under § 162.005(b)(1).","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"1b229d6aa46e692c2b995312caf47972903a3b94f538e3046ba7706031ad892c","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-162.012","next":"us/25-cfr-162.014"},"notice":"GroundRules: Original legal text. Not legal advice."}