Title 25, IndiansRelease 119-110
§2218 Approval of Leases, Rights-of-way, and Sales of Natural Resources
Title 25 › CHAPTER 24 — INDIAN LAND CONSOLIDATION › § 2218
Summary
The Secretary can approve a lease or agreement for individually owned allotted land or land held in trust or restricted for an Indian if owners holding at least the required share of the undivided interests sign written consent and the Secretary finds the approval is in the owners’ best interest. This rule does not cover leases for coal or uranium. "Allotted land" here means land held in trust or restricted by the Secretary for one or more Indians. The needed share depends on how many owners there are: 90% if 5 or fewer owners; 80% if 6–10 owners; 60% if 11–19 owners; and a simple majority if 20 or more owners. The Secretary uses Department of the Interior records on the date the lease is submitted to count owners and their shares. If an owner is dead and heirs are not known, or an heir is known but cannot be found, the Secretary may sign consent for that owner. When the Secretary approves a lease, it binds all the owners and the other parties as if every owner had agreed. If an Indian tribe holds an undivided trust interest but did not consent, the lease still applies to that tribe’s share and the tribe is entitled to payments, but the tribe is not treated as a party and its sovereignty is not affected. Money from the lease must be paid to all owners based on their ownership shares. This law does not change other laws that set different approval rules or that authorize specific land-use deals involving fractional interests.
Full Legal Text
Title 25, §2218
Indians, Source: USLM XML via OLRC
(a)Approval by the Secretary
(1)In general
Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if—
(A)the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
(B)the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2)Rule of construction
Nothing in this section shall be construed to apply to leases involving coal or uranium.
(3)Definition
In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians.
(b)Applicable percentage
(1)Percentage interest
The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A)If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B)If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C)If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D)If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
(2)Determination of owners
(A)In general
For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided interest in the allotted land with respect to a lease or agreement, the Secretary shall make such determination based on the records of the Department of the Interior that identify the owners of such lands and their interests and the number of owners of such land on the date on which the lease or agreement involved is submitted to the Secretary under this section.
(B)Rule of construction
Nothing in subparagraph (A) shall be construed to authorize the Secretary to treat an Indian tribe as the owner of an interest in allotted land that did not escheat to the tribe pursuant to section 2206 of this title as a result of the Supreme Court’s decision in Babbitt v. Youpee (117 S Ct. 727 (1997)).
(c)Authority of Secretary to sign lease or agreement on behalf of certain owners
The Secretary may give written consent to a lease or agreement under subsection (a)—
(1)on behalf of the individual Indian owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or
(2)on behalf of any heir or devisee referred to in paragraph (1) if the heir or devisee has been determined but cannot be located 1
(d)Effect of approval
(1)Application to all parties
(A)In general
Subject to paragraph (2), a lease or agreement approved by the Secretary under subsection (a) shall be binding on the parties described in subparagraph (B), to the same extent as if all of the owners of the undivided interest in allotted land covered under the lease or agreement consented to the lease or agreement.
(B)Description of parties
The parties referred to in subparagraph (A) are—
(i)the owners of the undivided interest in the allotted land covered under the lease or agreement referred to in such subparagraph; and
(ii)all other parties to the lease or agreement.
(2)Tribe not treated as party to lease; no effect on tribal sovereignty, immunity
(A)In general
Subparagraph (B) shall apply with respect to any undivided interest in allotted land held by the Secretary in trust for a tribe if a lease or agreement under subsection (a) is otherwise applicable to such undivided interest by reason of this section even though the Indian tribe did not consent to the lease or agreement.
(B)Application of lease
The lease or agreement described in subparagraph (A) shall apply to the portion of the undivided interest in allotted land described in such paragraph (including entitlement of the Indian tribe to payment under the lease or agreement), and the Indian tribe shall not be treated as being a party to the lease or agreement. Nothing in this section (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe.
(e)Distribution of proceeds
(1)In general
The proceeds derived from a lease or agreement that is approved by the Secretary under subsection (a) shall be distributed to all owners of undivided interest in the allotted land covered under the lease or agreement.
(2)Determination of amounts distributed
The amount of the proceeds under paragraph (1) that are distributed to each owner under that paragraph shall be determined in accordance with the portion of the undivided interest in the allotted land covered under the lease or agreement that is owned by that owner.
(f)Rule of construction
Nothing in this section shall be construed to amend or modify the provisions of Public Law 105–188 (25 U.S.C. 396 note), the American Indian Agricultural Resources Management Act (25 U.S.C. 3701 et seq.), title II of the Indian Land Consolidation Act Amendments of 2000, or any other Act that provides specific standards for the percentage of ownership interest that must approve a lease or agreement on a specified reservation.
(g)Other laws
Nothing in this chapter shall be construed to supersede, repeal, or modify any general or specific statute authorizing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The American Indian Agricultural Resources Management Act, referred to in subsec. (f), probably means the American Indian Agricultural Resource Management Act, Pub. L. 103–177, Dec. 3, 1993, 107 Stat. 2011, as amended, which is classified generally to chapter 39 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 3701 of this title and Tables. The Indian Land Consolidation Act
Amendments
of 2000, referred to in subsec. (f), is Pub. L. 106–462, Nov. 7, 2000, 114 Stat. 1991. Title II of the Act enacted provisions classified as a note under section 396 of this title. For complete classification of this Act to the Code, see
Short Title
of 2000 Amendment note set out under section 2201 of this title and Tables. This chapter, referred to in subsec. (g), was in the original “this Act”, which was translated as reading “this title”, meaning title II of Pub. L. 97–459, to reflect the probable intent of Congress.
Amendments
2004—Subsec. (b)(1)(A). Pub. L. 108–374, § 6(a)(10), substituted “90” for “100”. Subsec. (g). Pub. L. 108–374, § 6(a)(11), added subsec. (g).
Reference
Citations & Metadata
Citation
25 U.S.C. § 2218
Title 25, Indians
Last Updated
Sep 23, 2026
Release point: 119-110