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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 21, 2014

TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER H—LAND AND WATER

PART 162—LEASES AND PERMITS

rule

Subpart A—GENERAL PROVISIONS

Purpose, Definitions, and Scope

§162.001
What is the purpose of this part?
§162.002
How is this part subdivided?
§162.003
What key terms do I need to know?
§162.004
To what land does this part apply?

When to Get a Lease

§162.005
When do I need a lease to authorize possession of Indian land?
§162.006
To what types of land use agreements does this part apply?
§162.007
To what permits does this part apply?
§162.008
Does this part apply to lease documents I submitted for approval before January 4, 2013?
§162.009
Do I need BIA approval of a subleasehold mortgage?

How to Get a Lease

§162.010
How do I obtain a lease?
§162.011
How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease?
§162.012
What are the consent requirements for a lease?
§162.013
Who is authorized to consent to a lease?

Lease Administration

§162.014
What laws will apply to leases approved under this part?
§162.015
May a lease contain a preference consistent with tribal law for employment of tribal members?
§162.016
Will BIA comply with tribal laws in making lease decisions?
§162.017
What taxes apply to leases approved under this part?
§162.018
May tribes administer this part on BIA's behalf?
§162.019
May a lease address access to the leased premises by roads or other infrastructure?
§162.020
May a lease combine tracts with different Indian landowners?
§162.021
What are BIA's responsibilities in approving leases?
§162.022
What are BIA's responsibilities in administering and enforcing leases?
§162.023
What if an individual or entity takes possession of or uses Indian land without an approved lease or other proper authorization?
§162.024
May BIA take emergency action if Indian land is threatened?
§162.025
May decisions under this part be appealed?
§162.026
Who can answer questions about leasing?
§162.027
What documentation may BIA require in approving, administering, and enforcing leases?
§162.028
How may an Indian tribe obtain information about leases on its land?
§162.029
How does BIA provide notice to the parties to a lease?
rule

Subpart B—AGRICULTURAL LEASES

§162.101
What key terms do I need to know for this subpart?
§162.105
Can tracts with different Indian landowners be unitized for agricultural leasing purposes?
§162.106
What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?
§162.107
What are BIA's objectives in granting or approving agricultural leases?
§162.108
What are BIA's responsibilities in administering and enforcing agricultural leases?
§162.109
What laws, other than these regulations, will apply to agricultural leases granted or approved under this part?
§162.110
Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf?
§162.111
Who owns the records associated with this subpart?
§162.112
How must records associated with this part be preserved?
§162.113
May decisions under this subpart be appealed?

General Provisions

§162.200
What types of leases are covered by this subpart?
§162.201
Must agricultural land be managed in accordance with a tribe's agricultural resource management plan?
§162.202
How will tribal laws be enforced on agricultural land?
§162.203
When can the regulations in this subpart be superseded or modified by tribal laws and leasing policies?
§162.204
Must notice of applicable tribal laws and leasing policies be provided?
§162.205
Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies?

How to Obtain a Lease

§162.206
Can the terms of an agricultural lease be negotiated with the Indian landowners?
§162.207
When can the Indian landowners grant an agricultural lease?
§162.208
Who can represent the Indian landowners in negotiating or granting an agricultural lease?
§162.209
When can BIA grant an agricultural lease on behalf of an Indian landowner?
§162.210
When can BIA grant a permit covering agricultural land?
§162.211
What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land?
§162.212
When will the BIA advertise Indian land for agricultural leases?
§162.213
What supporting documents must be provided prior to BIA's grant or approval of an agricultural lease?
§162.214
How and when will BIA decide whether to approve an agricultural lease?
§162.215
When will an agricultural lease be effective?
§162.216
When will a BIA decision to approve an agricultural lease be effective?
§162.217
Must an agricultural lease or permit be recorded?

Lease Requirements

§162.218
Is there a standard agricultural lease form?
§162.219
Are there any provisions that must be included in an agricultural lease?
§162.220
Are there any formal requirements that must be satisfied in the execution of an agricultural lease?
§162.221
How should the land be described in an agricultural lease?
§162.222
How much rent must be paid under an agricultural lease?
§162.223
Must the rent be adjusted under an agricultural lease?
§162.224
When are rent payments due under an agricultural lease?
§162.225
Will untimely rent payments made under an agricultural lease be subject to interest charges or late payment penalties?
§162.226
To whom can rent payments be made under an agricultural lease?
§162.227
What form of rent payment can be accepted under an agricultural lease?
§162.228
What other types of payments are required under an agricultural lease?
§162.229
How long can the term of an agricultural lease run?
§162.230
Can an agricultural lease be amended, assigned, sublet, or mortgaged?
§162.231
How can the land be used under an agricultural lease?
§162.232
Can improvements be made under an agricultural lease?
§162.233
Who will own the improvements made under an agricultural lease?
§162.234
Must a tenant provide a bond under an agricultural lease?
§162.235
What form of bond can be accepted under an agricultural lease?
§162.236
How will a cash bond be administered?
§162.237
What insurance is required under an agricultural lease?
§162.238
What indemnities are required under an agricultural lease?
§162.239
How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the tenant?
§162.240
Can an agricultural lease provide for negotiated remedies in the event of a violation?

Lease Administration

§162.241
Will administrative fees be charged for actions relating to agricultural leases?
§162.242
How will BIA decide whether to approve an amendment to an agricultural lease?
§162.243
How will BIA decide whether to approve an assignment or sublease under an agricultural lease?
§162.244
How will BIA decide whether to approve a leasehold mortgage under an agricultural lease?
§162.245
When will a BIA decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease be effective?
§162.246
Must an amendment, assignment, sublease, or mortgage approved under an agricultural lease be recorded?

Lease Enforcement

§162.247
Will BIA notify a tenant when a rent payment is due under an agricultural lease?
§162.248
What will BIA do if rent payments are not made in the time and manner required by an agricultural lease?
§162.249
Will any special fees be assessed on delinquent rent payments due under an agricultural lease?
§162.250
How will BIA determine whether the activities of a tenant under an agricultural lease are in compliance with the terms of the lease?
§162.251
What will BIA do in the event of a violation under an agricultural lease?
§162.252
What will BIA do if a violation of an agricultural lease is not cured within the requisite time period?
§162.253
Will BIA's regulations concerning appeal bonds apply to cancellation decisions involving agricultural leases?
§162.254
When will a cancellation of an agricultural lease be effective?
§162.255
Can BIA take emergency action if the leased premises are threatened with immediate and significant harm?
§162.256
What will BIA do if a tenant holds over after the expiration or cancellation of an agricultural lease?
rule

Subpart C—RESIDENTIAL LEASES

Residential Leasing General Provisions

§162.301
What types of leases does this subpart cover?
§162.302
Is there a model residential lease form?
§162.303
Who needs a lease for housing for public purposes?

Lease Requirements

§162.311
How long may the term of a residential lease run?
§162.312
What must the lease include if it contains an option to renew?
§162.313
Are there mandatory provisions that a residential lease must contain?
§162.314
May permanent improvements be made under a residential lease?
§162.315
How must a residential lease address ownership of permanent improvements?
§162.316
How will BIA enforce removal requirements in a residential lease?
§162.317
How must a residential lease describe the land?

Rental Requirements

§162.320
How much rent must be paid under a residential lease of tribal land?
§162.321
How much rent must be paid under a residential lease of individually owned Indian land?
§162.322
How will BIA determine fair market rental for a residential lease?
§162.323
When are rental payments due under a residential lease?
§162.324
Must a residential lease specify who receives rental payments?
§162.325
What form of payment is acceptable under a residential lease?
§162.326
May a residential lease provide for non-monetary or varying types of compensation?
§162.327
Will BIA notify a lessee when a payment is due under a residential lease?
§162.328
Must a residential lease provide for rental reviews or adjustments?
§162.329
What other types of payments are required under a residential lease?

Bonding and Insurance

§162.334
Is a performance bond required for a residential lease document?
§162.335
Is insurance required for a residential lease document?
§§162.336-162.337
[Reserved]

Approval

§162.338
What documents are required for BIA approval of a residential lease?
§162.339
Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation?
§162.340
What is the approval process for a residential lease?
§162.341
How will BIA decide whether to approve a residential lease?
§162.342
When will a residential lease be effective?
§162.343
Must a residential lease document be recorded?
§162.344
Will BIA require an appeal bond for an appeal of a decision on a residential lease document?

Amendments

§162.345
May the parties amend a residential lease?
§162.346
What are the consent requirements for an amendment of a residential lease?
§162.347
What is the approval process for an amendment of a residential lease?
§162.348
How will BIA decide whether to approve an amendment of a residential lease?

Assignments

§162.349
May a lessee assign a residential lease?
§162.350
What are the consent requirements for an assignment of a residential lease?
§162.351
What is the approval process for an assignment of a residential lease?
§162.352
How will BIA decide whether to approve an assignment of a residential lease?

Subleases

§162.353
May a lessee sublease a residential lease?
§162.354
What are the consent requirements for a sublease of a residential lease?
§162.355
What is the approval process for a sublease of a residential lease?
§162.356
How will BIA decide whether to approve a sublease of a residential lease?

Leasehold Mortgages

§162.357
May a lessee mortgage a residential lease?
§162.358
What are the consent requirements for a leasehold mortgage of a residential lease?
§162.359
What is the approval process for a leasehold mortgage of a residential lease?
§162.360
How will BIA decide whether to approve a leasehold mortgage of a residential lease?

Effectiveness, Compliance, and Enforcement

§162.361
When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective?
§162.362
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage?
§162.363
What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§162.364
May BIA investigate compliance with a residential lease?
§162.365
May a residential lease provide for negotiated remedies if there is a violation?
162.366
162.366   What will BIA do about a violation of a residential lease?
§162.367
What will BIA do if the lessee does not cure a violation of a residential lease on time?
§162.368
Will late payment charges or special fees apply to delinquent payments due under a residential lease?
§162.369
How will payment rights relating to a residential lease be allocated?
§162.370
When will a cancellation of a residential lease be effective?
§162.371
What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?
§162.372
Will BIA appeal bond regulations apply to cancellation decisions involving residential leases?
§162.373
When will BIA issue a decision on an appeal from a residential leasing decision?
§162.374
What happens if the lessee abandons the leased premises?
rule

Subpart D—BUSINESS LEASES

Business Leasing General Provisions

§162.401
What types of leases does this subpart cover?
§162.402
Is there a model business lease form?

Lease Requirements

§162.411
How long may the term of a business lease run?
§162.412
What must the lease include if it contains an option to renew?
§162.413
Are there mandatory provisions that a business lease must contain?
§162.414
May permanent improvements be made under a business lease?
§162.415
How must a business lease address ownership of permanent improvements?
§162.416
How will BIA enforce removal requirements in a business lease?
§162.417
What requirements for due diligence must a business lease include?
§162.418
How must a business lease describe the land?
§162.419
May a business lease allow compatible uses?

Monetary Compensation Requirements

§162.420
How much monetary compensation must be paid under a business lease of tribal land?
§162.421
How much monetary compensation must be paid under a business lease of individually owned Indian land?
§162.422
How will BIA determine fair market rental for a business lease?
§162.423
When are monetary compensation payments due under a business lease?
§162.424
Must a business lease specify who receives monetary compensation payments?
§162.425
What form of monetary compensation payment is acceptable under a business lease?
§162.426
May the business lease provide for non-monetary or varying types of compensation?
§162.427
Will BIA notify a lessee when a payment is due under a business lease?
§162.428
Must a business lease provide for compensation reviews or adjustments?
§162.429
What other types of payments are required under a business lease?

Bonding and Insurance

§162.434
Must a lessee provide a performance bond for a business lease?
§162.435
What forms of security are acceptable under a business lease?
§162.436
What is the release process for a performance bond or alternative form of security under a business lease?
§162.437
Must a lessee provide insurance for a business lease?

Approval

§162.438
What documents are required for BIA approval of a business lease?
§162.439
Will BIA review a proposed business lease before or during preparation of the NEPA review documentation?
§162.440
What is the approval process for a business lease?
§162.441
How will BIA decide whether to approve a business lease?
§162.442
When will a business lease be effective?
§162.443
Must a business lease document be recorded?
§162.444
Will BIA require an appeal bond for an appeal of a decision on a business lease document?

Amendments

§162.445
May the parties amend a business lease?
§162.446
What are the consent requirements for an amendment to a business lease?
§162.447
What is the approval process for an amendment to a business lease?
§162.448
How will BIA decide whether to approve an amendment to a business lease?

Assignments

§162.449
May a lessee assign a business lease?
§162.450
What are the consent requirements for an assignment of a business lease?
§162.451
What is the approval process for an assignment of a business lease?
§162.452
How will BIA decide whether to approve an assignment of a business lease?

Subleases

§162.453
May a lessee sublease a business lease?
§162.454
What are the consent requirements for a sublease of a business lease?
§162.455
What is the approval process for a sublease of a business lease?
§162.456
How will BIA decide whether to approve a sublease of a business lease?

Leasehold Mortgages

§162.457
May a lessee mortgage a business lease?
§162.458
What are the consent requirements for a leasehold mortgage of a business lease?
§162.459
What is the approval process for a leasehold mortgage of a business lease?
§162.460
How will BIA decide whether to approve a leasehold mortgage of a business lease?

Effectiveness, Compliance, and Enforcement

§162.461
When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective?
§162.462
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?
§162.463
What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§162.464
May BIA investigate compliance with a business lease?
§162.465
May a business lease provide for negotiated remedies if there is a violation?
§162.466
What will BIA do about a violation of a business lease?
§162.467
What will BIA do if the lessee does not cure a violation of a business lease on time?
§162.468
Will late payment charges or special fees apply to delinquent payments due under a business lease?
§162.469
How will payment rights relating to a business lease be allocated?
§162.470
When will a cancellation of a business lease be effective?
§162.471
What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?
§162.472
Will BIA appeal bond regulations apply to cancellation decisions involving business leases?
§162.473
When will BIA issue a decision on an appeal from a business leasing decision?
§162.474
What happens if the lessee abandons the leased premises?
rule

Subpart E—WIND AND SOLAR RESOURCE LEASES

General Provisions Applicable to WEELs and WSR Leases

§162.501
What types of leases does this subpart cover?
§162.502
Who must obtain a WEEL or WSR lease?
§162.503
Is there a model WEEL or WSR lease?

WEELs

§162.511
What is the purpose of a WEEL?
§162.512
How long may the term of a WEEL run?
§162.513
Are there mandatory provisions a WEEL must contain?
§162.514
May permanent improvements be made under a WEEL?
§162.515
How must a WEEL address ownership of permanent improvements?
§162.516
How will BIA enforce removal requirements in a WEEL?
§162.517
What requirements for due diligence must a WEEL include?
§162.518
How must a WEEL describe the land?
§162.519
May a WEEL allow for compatible uses by the Indian landowner?
§162.520
Who owns the energy resource information obtained under the WEEL?
§162.521
May a lessee incorporate its WEEL analyses into its WSR lease analyses?
§162.522
May a WEEL contain an option for the lessee to enter into a WSR lease?

WEEL Monetary Compensation Requirements

§162.523
How much compensation must be paid under a WEEL?
§162.524
Will BIA require a valuation for a WEEL?

WEEL Bonding and Insurance

§162.525
Must a lessee provide a performance bond for a WEEL?
§162.526
[Reserved]
§162.527
Must a lessee provide insurance for a WEEL?

WEEL Approval

§162.528
What documents are required for BIA approval of a WEEL?
§162.529
Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation?
§162.530
What is the approval process for a WEEL?
§162.531
How will BIA decide whether to approve a WEEL?
§162.532
When will a WEEL be effective?
§162.533
Must a WEEL lease document be recorded?

WEEL Administration

§162.534
May the parties amend, assign, sublease, or mortgage a WEEL?

WEEL Compliance and Enforcement

§162.535
What effectiveness, compliance, and enforcement provisions apply to WEELs?
§162.536
Under what circumstances may a WEEL be terminated?
§162.537
[Reserved]

WSR Leases

§162.538
What is the purpose of a WSR lease?
§162.539
Must I obtain a WEEL before obtaining a WSR lease?
§162.540
How long may the term of a WSR lease run?
§162.541
What must the lease include if it contains an option to renew?
§162.542
Are there mandatory provisions a WSR lease must contain?
§162.543
May permanent improvements be made under a WSR lease?
§162.544
How must a WSR lease address ownership of permanent improvements?
§162.545
How will BIA enforce removal requirements in a WSR lease?
§162.546
What requirements for due diligence must a WSR lease include?
§162.547
How must a WSR lease describe the land?
§162.548
May a WSR lease allow compatible uses?

WSR Lease Monetary Compensation Requirements

§162.549
How much monetary compensation must be paid under a WSR lease of tribal land?
§162.550
How much monetary compensation must be paid under a WSR lease of individually owned Indian land?
§162.551
How will BIA determine fair market rental for a WSR lease?
§162.552
When are monetary compensation payments due under a WSR lease?
§162.553
Must a WSR lease specify who receives monetary compensation payments?
§162.554
What form of monetary compensation payment is acceptable under a WSR lease?
§162.555
May a WSR lease provide for non-monetary or varying types of compensation?
§162.556
Will BIA notify a lessee when a payment is due under a WSR lease?
§162.557
Must a WSR lease provide for compensation reviews or adjustments?
§162.558
What other types of payments are required under a WSR lease?

WSR Lease Bonding and Insurance

§162.559
Must a lessee provide a performance bond for a WSR lease?
§162.560
What forms of security are acceptable under a WSR lease?
§162.561
What is the release process for a performance bond or alternative form of security under a WSR lease?
§162.562
Must a lessee provide insurance for a WSR lease?

WSR Lease Approval

§162.563
What documents are required for BIA approval of a WSR lease?
§162.564
Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation?
§162.565
What is the approval process for a WSR lease?
§162.566
How will BIA decide whether to approve a WSR lease?
§162.567
When will a WSR lease be effective?
§162.568
Must a WSR lease document be recorded?
§162.569
Will BIA require an appeal bond for an appeal of a decision on a WSR lease document?

WSR Lease Amendments

§162.570
May the parties amend a WSR lease?
§162.571
What are the consent requirements for an amendment to a WSR lease?
§162.572
What is the approval process for an amendment to a WSR lease?
§162.573
How will BIA decide whether to approve an amendment to a WSR lease?

WSR Lease Assignments

§162.574
May a lessee assign a WSR lease?
§162.575
What are the consent requirements for an assignment of a WSR lease?
§162.576
What is the approval process for an assignment of a WSR lease?
§162.577
How will BIA decide whether to approve an assignment of a WSR lease?

WSR Lease Subleases

§162.578
May a lessee sublease a WSR lease?
§162.579
What are the consent requirements for a sublease of a WSR lease?
§162.580
What is the approval process for a sublease of a WSR lease?
§162.581
How will BIA decide whether to approve a sublease of a WSR lease?

WSR Leasehold Mortgages

§162.582
May a lessee mortgage a WSR lease?
§162.583
What are the consent requirements for a leasehold mortgage of a WSR lease?
§162.584
What is the approval process for a leasehold mortgage of a WSR lease?
§162.585
How will BIA decide whether to approve a leasehold mortgage of a WSR lease?

WSR Lease Effectiveness, Compliance, and Enforcement

§162.586
When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective?
§162.587
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease?
§162.588
What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§162.589
May BIA investigate compliance with a WSR lease?
§162.590
May a WSR lease provide for negotiated remedies if there is a violation?
§162.591
What will BIA do about a violation of a WSR lease?
§162.592
What will BIA do if a lessee does not cure a violation of a WSR lease on time?
§162.593
Will late payment charges or special fees apply to delinquent payments due under a WSR lease?
§162.594
How will payment rights relating to WSR leases be allocated?
§162.595
When will a cancellation of a WSR lease be effective?
§162.596
What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
§162.597
Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases?
§162.598
When will BIA issue a decision on an appeal from a WSR leasing decision?
§162.599
What happens if the lessee abandons the leased premises?
rule

Subpart F—SPECIAL REQUIREMENTS FOR CERTAIN RESERVATIONS

§162.600
Crow Reservation.
§162.601
Fort Belknap Reservation.
§162.602
Cabazon, Augustine, and Torres-Martinez Reservations, California.
§162.603
San Xavier and Salt River Pima-Maricopa Reservations.
rule

Subpart G—RECORDS

§162.701
Who owns the records associated with this part?
§162.702
How must records associated with this part be preserved?
§162.703
How does the Paperwork Reduction Act affect this part?


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