HEARTH Act of 2012
The Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (the HEARTH Act) creates a voluntary, alternative land leasing process available to tribes by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. Sec. 415. Under the Act, once their governing tribal leasing regulations have been submitted to, and approved by, the Secretary of the Interior, tribes are authorized to negotiate and enter into leases without further approvals by the Secretary. Specifically, the Act authorizes tribes to execute agricultural and business leases of tribal trust lands for a primary term of 25 years and up to two renewal terms of 25 years each. Leases of tribal trust lands for residential, recreational, religious or educational purposes may be executed for a primary term of up to 75 years. In support of tribal self-determination, the Act requires the Secretary to approve tribal leasing regulations if the regulations are consistent with the Department of the Interior’s leasing regulations at 25 CFR Part 162 and they provide for an environmental review process that meets requirements set forth in the Act. Interested tribes may submit their regulations to the Deputy Bureau Director, Bureau of Indian Affairs-Office of Trust Services.
Regulations & Date Approved by the Secretary of the Interior
- Federated Indians of Graton Rancheria (Business), February 1, 2013
- Pueblo of Sandia (Business), March 14, 2013
- Pokagon Band of Potawatomi Indians (Residential), April 11, 2013; Amended November 24, 2014
- Ak-Chin Indian Community (Business), November 10, 2013
- Santa Rosa Band of Cahuilla Indians (Business), November 10, 2013
- Citizen Potawatomi Nation (Business), November 10, 2013
- Ewiiaapaayp Band of Kumeyaay Indians (Business), December 10, 2013
- Kaw Nation (Business), December 13, 2013
- Jamestown S'Klallam Tribe (Business), April 4, 2014
- Dry Creek Rancheria Band of Pomo Indians (Business), April 4, 2014
- Wichita and Affiliated Tribes (Business), April 8, 2014
- Navajo General Leasing, May, 16, 2014
- Mohegan Tribe of Indians of Connecticut (Business), April 8, 2014
- Agua Caliente Band of Cahuilla Indians (Business), September 23, 2014
- Agua Caliente Band of Cahuilla Indians (Business), Amended February 9, 2016
- Seminole Tribe of Florida (Business), January 8, 2015
- Seminole Tribe of Florida (Residential), January 8, 2015
- Cowlitz Indian Tribe (Business), January 22, 2015
- Oneida Indian Nation of New York (Business), January 28, 2015
- Oneida Indian Nation of New York (Residential), June 14, 2016
- Ho-Chunk Nation (Business), February 4, 2015
- Ho-Chunk Nation (Residential), February 4, 2015
- Ho-Chunk Nation (Agricultural), February 4, 2015
- Absentee Shawnee Tribe of Oklahoma (Business), June 3, 2015
- Rincon Band of Luiseno Mission Indians (Business), June 4, 2015
- Makah Indian Tribe (Business/Residential), August 18, 2015
- Squaxin Island Tribe (Business), August 20, 2015
- Gila River Indian Community (Business/Solar), November 20, 2015
- Ohkay Owingeh (Business/Agricultural/Residential/Wind & Solar), January 4, 2016
- Shakopee Mdewakanton Sioux Community (Business), March 3, 2016
- Twenty-Nine Palms Band of Mission Indians of California (Business), June 14, 2016
- Chemehuevi Indian Tribe (Business), October 7, 2016
- Osage Nation (Business), July 17, 2017
- Stillaguamish Tribe of Indians, July 17, 2017
- Cheyenne and Arapaho Tribe of Oklahoma (Business), November 9, 2017
- Kootenai Tribe of Idaho (Residential), November 9, 2017
- Lummi Nation (Business), November 9, 2017
- Little Traverse Bay Bands of Odawa Indians (Business, Agricultural, and Residential), December 29, 2017
- Ramona Band of Cahuilla (Business), December 29, 2017
- Torres Martinez Desert Cahuilla Indians, December 29, 2017
- Confederated Tribes of Warm Springs (Business), June 11, 2018
- San Manuel Band of Mission Indians, June 11, 2018
- Mississippi Band of Choctaw, March 5, 2019
- Pueblo of Isleta Leasing Regs, April 17, 2019
- Jamul Indian Village (Business), June 14, 2019
- Coquille Indian Tribe (Business), November 9, 2019
- Apache Tribe of Oklahoma (Business), December 28, 2017
- Oneida Nation Leasing Law (Business, Agricultural, and Residential), January 23, 2018
- Prairie Band Potawatomi Nation Business Site Ordinance, September 18, 2018
- Quinault Indian Nation (Business and Residential), October 31, 2018
- Pechanga Band of Luiseno Mission Indians (Business), December 28, 2017
- Minnesota Chippewa Tribe, Fond Du Lac Band Leasing Ordinance, March 6, 2019
- Pueblo of Laguna Residential Leasing Code, April 13, 2020
- Shingle Springs Band of Miwok Indians (Business), April 13, 2020
- Menominee Indian Tribe of Wisconsin Agriculture, Business, and Residential Leasing July 25, 2019
- Fort Belknap Indian Community Leasing Act June 12, 2020
- Catawba Indian Nation Business Leasing Ordinance June 25, 2020
- Wilton Rancheria Real and Personal Property Code September 24, 2020
- Kickapoo Traditional Tribe of Texas Business Leasing Code September 4, 2020
- Manzanita Band of the Diegueno Mission Leasing Ordinance October 29, 2020
- San Pasqual Band of Diegueno Mission Leasing Ordinance November 5, 2020
- Cahuilla Band of Indians, California, Leasing Ordinance January 6, 2021
- Confederated Tribes of the Colville Reservation Business Leasing Ordinance May 3, 2021
- Cow Creek Band of Umpqua Leasing Ordinance April 26, 2021
- Grand Traverse Band of Ottawa & Chippewa Business site Leasing Ordinance April 5, 2021
- Santa Ynez Band of Chumash Indians Leasing Ordinance October 9, 2020
- Standing Rock Sioux Leasing Ordinance April 14, 2021
- Match-e-be-nash-she-wish Band Leasing Ordinance August 25, 2021
- Pascua Yaqui Tribe of Arizona Business Leasing Ordinance August 25, 2021
- Table Mountain Rancheria Residential Leasing Ordinance August 25, 2021
- Pueblo of Jemez Residential Leasing Ordinance August 25, 2021
- Pueblo of Jemez Title XVI Tribal Leasing Ordinance August 25, 2021
- Pascua Yaqui Tribe of Arizona Residential Leasing Ordinance October 26, 2021
- Cabazon Band of Mission Indians Business Site Leasing Ordinance October 26, 2021
- Sycuan Band of the Kumeyaay Nation Business Leasing Regulations October 29, 2021
- Tule River Indian Tribe (Leasing Ordinance), December 16, 2021
- Pascua Yaqui Tribe of Arizona (Solar & Renewable Energy Leasing Ordinance), December 22, 2021
- Eastern Shawnee Tribe of Oklahoma (Agriculture Leasing Act), December 22, 2021
- Eastern Shawnee Tribe of Oklahoma (Business Leasing Act), December 22, 2021
- Pyramid Lake Paiute Tribe (Business Leasing Ordinance), December 22, 2021
Related Links & Documents
- HEARTH Act Info. Series Part 1 - General Overview (.pdf-view with Internet Explorer or download)
- HEARTH Act Info. Series Part 2 - Business Leasing: Submitting Regulations (.pdf)
- § 415 Leases of restricted lands (.pdf)
- National Policy Memorandum - HEARTH Act (.pdf)
- SAMPLE-Acknowledgment Ltr Hearth Submissions 2014.04.29 (.docx)
- SAMPLE-Checklist (HEARTH Act) for Tribal Reference (.pdf)
- SAMPLE-Notice Ltr Hearth Approval 2014.05.09 (.docx)
Between July 2014 and September 2014, the BIA held three initial HEARTH Act presentations to assist tribes and BIA personnel in processing tribal leasing regulations submitted for review and approval under the HEARTH Act. Since the initial presentations, the BIA has continued to offer HEARTH Act information to groups consisting of, or serving, tribal governments, including the National Congress of American Indians, USDA's Rural Development, HUD's Office of Native American Programs, the National Tribal Land Association, and at sessions for tribes and BIA personnel hosted by BIA Regional and Agency Offices. Additional sessions will be scheduled in the future. If you are interested in attending a HEARTH Act presentation, or have questions regarding the BIA's HEARTH Act review process for tribal leasing regulations, please email or contact:
