Code of Federal Regulations · Section
§ 162.106 — What Will Bia Do If Possession Is Taken Without An Approved Agricultural Lease Or Other Proper Authorization?
25 C.F.R. § 162.106
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(a) If an agricultural lease is required, and possession is taken without an agricultural lease by a party other than an Indian landowner of the tract, we will treat the unauthorized use as a trespass. Unless we have reason to believe that the party in possession is engaged in negotiations with the Indian landowners to obtain an agricultural lease, we will take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law.
(b) Where a trespass involves Indian agricultural land, we will also assess civil penalties and costs under part 166, subpart I, of this chapter.
Authorizing Statute
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Duties of Commissioner25 U.S.C. § 2
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Lease of inherited allotments by superintendent25 U.S.C. § 380