{"data":{"id":"us/25-cfr-162.458","jurisdiction":"us","citation":"25 CFR 162.458","heading":"What are the consent requirements for a leasehold mortgage of a business lease?","body":"(a) Unless the lease provides otherwise, the lessee must notify all Indian landowners of the proposed leasehold mortgage.\n(b) The Indian landowners, or their representatives under § 162.013, must consent to a leasehold mortgage of a business lease in the same percentages and manner as a new business lease under § 162.012, unless the lease:\n(1) States that landowner consent is not required for a leasehold mortgage and identifies what law would apply in case of foreclosure;\n(2) Provides that individual Indian landowners are deemed to have consented where they do not object in writing to the leasehold mortgage within a specified period of time following the landowners' receipt of the leasehold mortgage and the lease meets the requirements of paragraph (c) of this section;\n(3) Authorizes one or more representatives to consent to a leasehold mortgage on behalf of all Indian landowners; or\n(4) Designates us as the Indian landowners' representative for the purposes of consenting to a leasehold mortgage.\n(c) If the lease provides for deemed consent under paragraph (b)(2) of this section, it must require the parties to submit to us:\n(1) A copy of the executed leasehold mortgage or other documentation of any Indian landowners' actual consent;\n(2) Proof of mailing of the leasehold mortgage to any Indian landowners who are deemed to have consented; and\n(3) Any other pertinent information for us to review.","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 D—Business 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":"fa799c4e7f8ae94bdb1ec94a11c3ed4eda470de5676da3e8e288a4766d30380e","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-162.457","next":"us/25-cfr-162.459"},"notice":"GroundRules: Original legal text. Not legal advice."}