§ 162.013. Who is authorized to consent to a lease?
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/us/cfr/t25/s§ 162.013·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Indian tribes, adult Indian landowners, and emancipated minors, may consent to a lease of their land, including undivided interests in fractionated tracts.
(b)The following individuals or entities may consent on behalf of an individual Indian landowner:
(1)An adult with legal custody acting on behalf of his or her minor children;
(2)A guardian, conservator, or other fiduciary appointed by a court of competent jurisdiction to act on behalf of an individual Indian landowner;
(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;
(4)BIA, under the circumstances in paragraph
(c)of this section; or
(5)An adult or legal entity who has been given a written power of attorney that:
(i)Meets all of the formal requirements of any applicable law under § 162.014;
(ii)Identifies the attorney-in-fact; and
(iii)Describes the scope of the powers granted, to include leasing land, and any limits on those powers.
(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:
(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;
(2)An individual whose whereabouts are unknown to us, after we make a reasonable attempt to locate the individual;
(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;
(4)An orphaned minor who does not have a guardian duly appointed by a court of competent jurisdiction;
(5)An individual who has given us a written power of attorney to lease their land; and
(6)The individual Indian landowners of a fractionated tract where:
(i)We have given the Indian landowners written notice of our intent to consent to a lease on their behalf;
(ii)The Indian landowners are unable to agree upon a lease during a 3 month negotiation period following the notice; and
(iii)The land is not being used by an Indian landowner under § 162.005(b)(1).
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- 43 CFR 1.3(b)
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§ 162.013
Who is authorized to consent to a lease?
Cite43 CFR 1.3(b)
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