PRIA Logo™
Take the PRIA Score
Title 25 — IndiansRelease 119-73

§4211 50-year leasehold interest in trust or restricted lands for housing purposes

Title 25 › Chapter CHAPTER 43— - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › Subchapter SUBCHAPTER VII— - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS › § 4211

Last updated Apr 6, 2026|Official source

Summary

Indian owners may lease trust or restricted Indian lands, whether held by a tribe or an individual, for housing and homes if the affected tribe and the Secretary of the Interior agree. Leases under this rule can last up to 50 years. This does not cancel other laws that allow leases (including ones longer than 50 years). The rule takes effect on its own and does not need new rules, regulations, or orders under section 705.

Full Legal Text

Title 25, §4211

Indians — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
(b)Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years.
(c)This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that—
(1)is conferred by or pursuant to any other provision of law; or
(2)provides for leases for any period exceeding 50 years.
(d)This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 705, referred to in subsec. (d), is section 705 of Pub. L. 104–330, which is set out as an

Effective Date

note below.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–330, title VII, § 705, Oct. 26, 1996, 110 Stat. 4052, provided that: “This title [enacting this subchapter and amending section 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of Title 42, The Public Health and Welfare] and the

Amendments

made by this title (but not including the

Amendments

made by section 704 [amending sections 11902 to 11905 of Title 42]) shall take effect on the date of the enactment of this Act [Oct. 26, 1996].”

Reference

Citations & Metadata

Citation

25 U.S.C. § 4211

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73