(a) You need a lease under this part to possess Indian land if you meet one of the criteria in the following table, unless you are authorized to possess or use the Indian land by a land use agreement not subject to this part under Sec. 162.006(b) or by a permit. ------------------------------------------------------------------------
then you must obtain a lease
(1) A person or legal entity (including from the owners of the land
an independent legal entity owned and before taking possession of
operated by a tribe) who is not an owner the land or any portion
of the Indian land. thereof.(2) An Indian landowner of a fractional from the owners of other
interest in the land. trust and restricted
interests in the land,
unless all of the owners
have given you permission to
take or continue in
possession without a lease.------------------------------------------------------------------------
(b) You do not need a lease to possess Indian land if:
(1) You are an Indian landowner who owns 100 percent of the trust or restricted interests in a tract; or
(2) You meet any of the criteria in the following table. ------------------------------------------------------------------------
but the following conditions
(i) A parent or guardian of a minor child We may require you to
who owns 100 percent of the trust or provide evidence of a
restricted interests in the land. direct benefit to the minor
child and when the child is
no longer a minor, you must
obtain a lease to authorize
continued possession.(ii) A 25 U.S.C. 477 corporate entity that You must record documents in
manages or has the power to manage the accordance with Sec.
tribal land directly under its Federal 162.343, Sec. 162.443,
charter or under a tribal authorization and Sec. 162.568.
(not under a lease from the Indian tribe).------------------------------------------------------------------------