You may need to obtain a lease from an American Indian and Alaska Native (AI/AN) Tribe or individual and the Bureau of Indian Affairs (BIA) for development projects on lands held in trust or restricted status by the federal government for Native people.

BIA regulations for leases are in 25 CFR. The updated leasing policy intends to expedite the process under which BIA will review requests for leases over and across Tribal lands, individually owned AI/AN lands, and BIA lands by allowing for the use of the broad authority under the Indian Long-Term Leasing Act of 1955, 25 U.S.C. § 415. The Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act) creates a voluntary, alternative land leasing process for Tribes by amending 25 U.S.C. § 415.

Timely leasing decisions support the development of economic opportunities for AI/AN landowners and Tribes and promote Tribal self-determination.

Agency or Tribal staff are generally responsible for obtaining documentation that supports a lease and reviewing the proposed lease terms, conditions, and provisions.

For more information on obtaining a lease, please contact DRES or your BIA regional office.

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Division of Real Estate Services
1001 Indian School Road, NW, Box #44
Albuquerque, NM 87104
9:00 a.m. – 4:00 p.m. MDT, Monday-Friday