Energy Leasing and Agreement Authorities on Tribal Lands: In Brief

Congress has enacted many authorities for leasing and agreements that enable energy production on tribal lands. Various statutes require that the Secretary of the Interior approve tribal leases or agreements. DOI’s Bureau of Indian Affairs (BIA) has primary authority for negotiating energy leases or agreements on tribal lands, in coordination with other DOI bureaus and offices. DOI and Tribes may choose from several types of leases or agreements to develop energy on tribal lands. The appropriate type of lease or agreement to use depends on factors such as the type of tribal land and the ownership and type of energy resource (i.e., surface [above ground] or subsurface [below ground]). Some leases or agreements can be used for energy development on tribal lands, and others can be used for individually owned allotted lands. Alaska Native Corporations are generally ineligible for the energy leases and agreements featured in this report.