ARTICLE · 12 DECEMBER 2012

Indian Nations Law Update - December 2012

Godfrey & Kahn S.C.

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Federal laws require that leases of tribal trust and restricted lands be approved by the Secretary of the Interior or Bureau of Indian Affairs (BIA) officials to whom the Secretary has delegated authority.

United StatesGovernment, Public Sector

Interior Department Issues Long-Awaited Leasing Regulations

Federal laws require that leases of tribal trust and restricted lands be approved by the Secretary of the Interior or Bureau of Indian Affairs (BIA) officials to whom the Secretary has delegated authority. The approval process has caused delay, added costs and made it more difficult tor tribes to issue leases for economic development or housing for members.

On December 5, the Interior Department published new Part 162 leasing regulations intended to streamline lease issuance. Decades-old existing regulations included a subpart for agricultural leases and a generic "non-agricultural leases" subpart for all other types of leases. The new regulations, effective January 4, 2013, retain the agricultural lease provisions but add new subparts for:

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