{"data":{"id":"us/25-cfr-162.321","jurisdiction":"us","citation":"25 CFR 162.321","heading":"How much rent must be paid under a residential lease of individually owned Indian land?","body":"(a) A residential lease of individually owned Indian land must require payment of not less than fair market rental except that we may approve a lease of individually owned Indian land that provides for the payment of nominal rent, or less than a fair market rental, if:\n(1) One hundred percent of the Indian landowners execute a written waiver of the right to receive fair market rental; or\n(2) We waive the requirement under paragraph (c) of this section.\n(b) We will require a valuation in accordance with § 162.322, unless:\n(1) One hundred percent of the Indian landowners submit to us a written request to waive the valuation requirement; or\n(2) We waive the requirement under paragraph (c) of this section.\n(c) If the owners of the applicable percentage of interests under § 162.012 consent to a residential lease on behalf of all the Indian landowners of a fractionated tract, the lease must provide that the non-consenting Indian landowners (and those on whose behalf we have consented) receive fair market rental, as determined by a valuation, unless we waive the requirement because:\n(1) The lessee is a co-owner who, as of January 4, 2013, has been residing on the tract for at least 7 years, and no other co-owner raises an objection to BIA by July 3, 2013 to the lessee's continued possession of the tract; or\n(2) The tribe or lessee will construct infrastructure improvements on, or serving, the leased premises, and we determine it is in the best interest of all the landowners.","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 C—Residential Leases"],"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":"b17759be0f0f5e6018b56e4b77dfb5c6637f17c68cb27a1532f4f3000967c9ea","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-162.320","next":"us/25-cfr-162.322"},"notice":"GroundRules: Original legal text. Not legal advice."}