Section 162.001
|
How is this part subdivided? |
Section 162.002
|
What key terms do I need to know? |
Section 162.003
|
To what land does this part apply? |
Section 162.004
|
When do I need a lease to authorize possession of Indian land? |
Section 162.005
|
To what types of land use agreements does this part apply? |
Section 162.006
|
To what permits does this part apply? |
Section 162.007
|
Does this part apply to lease documents I submitted for approval before January 4, 2013? |
Section 162.008
|
Do I need BIA approval of a subleasehold mortgage? |
Section 162.009
|
How do I obtain a lease? |
Section 162.010
|
How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease? |
Section 162.011
|
What are the consent requirements for a lease? |
Section 162.012
|
Who is authorized to consent to a lease? |
Section 162.013
|
What laws will apply to leases approved under this part? |
Section 162.014
|
May a lease contain a preference consistent with tribal law for employment of tribal members? |
Section 162.015
|
Will BIA comply with tribal laws in making lease decisions? |
Section 162.016
|
What taxes apply to leases approved under this part? |
Section 162.017
|
May tribes administer this part on BIA's behalf? |
Section 162.018
|
May a lease address access to the leased premises by roads or other infrastructure? |
Section 162.019
|
May a lease combine tracts with different Indian landowners? |
Section 162.020
|
What are BIA's responsibilities in approving leases? |
Section 162.021
|
What are BIA's responsibilities in administering and enforcing leases? |
Section 162.022
|
What if an individual or entity takes possession of or uses Indian land without an approved lease or other proper authorization? |
Section 162.023
|
May BIA take emergency action if Indian land is threatened? |
Section 162.024
|
May decisions under this part be appealed? |
Section 162.025
|
Who can answer questions about leasing? |
Section 162.026
|
What documentation may BIA require in approving, administering, and enforcing leases? |
Section 162.027
|
How may an Indian tribe obtain information about leases on its land? |
Section 162.028
|
How does BIA provide notice to the parties to a lease? |
Section 162.029
|
What key terms do I need to know for this subpart? |
Section 162.101
|
Can tracts with different Indian landowners be unitized for agricultural leasing purposes? |
Section 162.105
|
What will BIA do if possession is taken without an approved agricultural lease or other proper authorization? |
Section 162.106
|
What are BIA's objectives in granting or approving agricultural leases? |
Section 162.107
|
What are BIA's responsibilities in administering and enforcing agricultural leases? |
Section 162.108
|
What laws, other than these regulations, will apply to agricultural leases granted or approved under this part? |
Section 162.109
|
Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf? |
Section 162.110
|
Who owns the records associated with this subpart? |
Section 162.111
|
How must records associated with this part be preserved? |
Section 162.112
|
May decisions under this subpart be appealed? |
Section 162.113
|
What types of leases are covered by this subpart? |
Section 162.200
|
Must agricultural land be managed in accordance with a tribe's agricultural resource management plan? |
Section 162.201
|
How will tribal laws be enforced on agricultural land? |
Section 162.202
|
When can the regulations in this subpart be superseded or modified by tribal laws and leasing policies? |
Section 162.203
|
Must notice of applicable tribal laws and leasing policies be provided? |
Section 162.204
|
Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies? |
Section 162.205
|
Can the terms of an agricultural lease be negotiated with the Indian landowners? |
Section 162.206
|
When can the Indian landowners grant an agricultural lease? |
Section 162.207
|
Who can represent the Indian landowners in negotiating or granting an agricultural lease? |
Section 162.208
|
When can BIA grant an agricultural lease on behalf of an Indian landowner? |
Section 162.209
|
When can BIA grant a permit covering agricultural land? |
Section 162.210
|
What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land? |
Section 162.211
|
When will the BIA advertise Indian land for agricultural leases? |
Section 162.212
|
What supporting documents must be provided prior to BIA's grant or approval of an agricultural lease? |
Section 162.213
|
How and when will BIA decide whether to approve an agricultural lease? |
Section 162.214
|
When will an agricultural lease be effective? |
Section 162.215
|
When will a BIA decision to approve an agricultural lease be effective? |
Section 162.216
|
Must an agricultural lease or permit be recorded? |
Section 162.217
|
Is there a standard agricultural lease form? |
Section 162.218
|
Are there any provisions that must be included in an agricultural lease? |
Section 162.219
|
Are there any formal requirements that must be satisfied in the execution of an agricultural lease? |
Section 162.220
|
How should the land be described in an agricultural lease? |
Section 162.221
|
How much rent must be paid under an agricultural lease? |
Section 162.222
|
Must the rent be adjusted under an agricultural lease? |
Section 162.223
|
When are rent payments due under an agricultural lease? |
Section 162.224
|
Will untimely rent payments made under an agricultural lease be subject to interest charges or late payment penalties? |
Section 162.225
|
To whom can rent payments be made under an agricultural lease? |
Section 162.226
|
What form of rent payment can be accepted under an agricultural lease? |
Section 162.227
|
What other types of payments are required under an agricultural lease? |
Section 162.228
|
How long can the term of an agricultural lease run? |
Section 162.229
|
Can an agricultural lease be amended, assigned, sublet, or mortgaged? |
Section 162.230
|
How can the land be used under an agricultural lease? |
Section 162.231
|
Can improvements be made under an agricultural lease? |
Section 162.232
|
Who will own the improvements made under an agricultural lease? |
Section 162.233
|
Must a tenant provide a bond under an agricultural lease? |
Section 162.234
|
What form of bond can be accepted under an agricultural lease? |
Section 162.235
|
How will a cash bond be administered? |
Section 162.236
|
What insurance is required under an agricultural lease? |
Section 162.237
|
What indemnities are required under an agricultural lease? |
Section 162.238
|
How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the |
Section 162.239
|
Can an agricultural lease provide for negotiated remedies in the event of a violation? |
Section 162.240
|
Will administrative fees be charged for actions relating to agricultural leases? |
Section 162.241
|
How will BIA decide whether to approve an amendment to an agricultural lease? |
Section 162.242
|
How will BIA decide whether to approve an assignment or sublease under an agricultural lease? |
Section 162.243
|
How will BIA decide whether to approve a leasehold mortgage under an agricultural lease? |
Section 162.244
|
When will a BIA decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease be effective? |
Section 162.245
|
Must an amendment, assignment, sublease, or mortgage approved under an agricultural lease be recorded? |
Section 162.246
|
Will BIA notify a tenant when a rent payment is due under an agricultural lease? |
Section 162.247
|
What will BIA do if rent payments are not made in the time and manner required by an agricultural lease? |
Section 162.248
|
Will any special fees be assessed on delinquent rent payments due under an agricultural lease? |
Section 162.249
|
How will BIA determine whether the activities of a tenant under an agricultural lease are in compliance with the terms of the lease? |
Section 162.250
|
What will BIA do in the event of a violation under an agricultural lease? |
Section 162.251
|
What will BIA do if a violation of an agricultural lease is not cured within the requisite time period? |
Section 162.252
|
Will BIA's regulations concerning appeal bonds apply to cancellation decisions involving agricultural leases? |
Section 162.253
|
When will a cancellation of an agricultural lease be effective? |
Section 162.254
|
Can BIA take emergency action if the leased premises are threatened with immediate and significant harm? |
Section 162.255
|
What will BIA do if a tenant holds over after the expiration or cancellation of an agricultural lease? |
Section 162.256
|
What types of leases does this subpart cover? |
Section 162.301
|
Is there a model residential lease form? |
Section 162.302
|
Who needs a lease for housing for public purposes? |
Section 162.303
|
How long may the term of a residential lease run? |
Section 162.311
|
What must the lease include if it contains an option to renew? |
Section 162.312
|
Are there mandatory provisions that a residential lease must contain? |
Section 162.313
|
May permanent improvements be made under a residential lease? |
Section 162.314
|
How must a residential lease address ownership of permanent improvements? |
Section 162.315
|
How will BIA enforce removal requirements in a residential lease? |
Section 162.316
|
How must a residential lease describe the land? |
Section 162.317
|
How much rent must be paid under a residential lease of tribal land? |
Section 162.320
|
How much rent must be paid under a residential lease of individually owned Indian land? |
Section 162.321
|
How will BIA determine fair market rental for a residential lease? |
Section 162.322
|
When are rental payments due under a residential lease? |
Section 162.323
|
Must a residential lease specify who receives rental payments? |
Section 162.324
|
What form of payment is acceptable under a residential lease? |
Section 162.325
|
May a residential lease provide for non-monetary or varying types of compensation? |
Section 162.326
|
Will BIA notify a lessee when a payment is due under a residential lease? |
Section 162.327
|
Must a residential lease provide for rental reviews or adjustments? |
Section 162.328
|
What other types of payments are required under a residential lease? |
Section 162.329
|
Is a performance bond required for a residential lease document? |
Section 162.334
|
Is insurance required for a residential lease document? |
Section 162.335
|
What documents are required for BIA approval of a residential lease? |
Section 162.338
|
Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation? |
Section 162.339
|
What is the approval process for a residential lease? |
Section 162.340
|
How will BIA decide whether to approve a residential lease? |
Section 162.341
|
When will a residential lease be effective? |
Section 162.342
|
Must a residential lease document be recorded? |
Section 162.343
|
Will BIA require an appeal bond for an appeal of a decision on a residential lease document? |
Section 162.344
|
May the parties amend a residential lease? |
Section 162.345
|
What are the consent requirements for an amendment of a residential lease? |
Section 162.346
|
What is the approval process for an amendment of a residential lease? |
Section 162.347
|
How will BIA decide whether to approve an amendment of a residential lease? |
Section 162.348
|
May a lessee assign a residential lease? |
Section 162.349
|
What are the consent requirements for an assignment of a residential lease? |
Section 162.350
|
What is the approval process for an assignment of a residential lease? |
Section 162.351
|
How will BIA decide whether to approve an assignment of a residential lease? |
Section 162.352
|
May a lessee sublease a residential lease? |
Section 162.353
|
What are the consent requirements for a sublease of a residential lease? |
Section 162.354
|
What is the approval process for a sublease of a residential lease? |
Section 162.355
|
How will BIA decide whether to approve a sublease of a residential lease? |
Section 162.356
|
May a lessee mortgage a residential lease? |
Section 162.357
|
What are the consent requirements for a leasehold mortgage of a residential lease? |
Section 162.358
|
What is the approval process for a leasehold mortgage of a residential lease? |
Section 162.359
|
How will BIA decide whether to approve a leasehold mortgage of a residential lease? |
Section 162.360
|
When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective? |
Section 162.361
|
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage? |
Section 162.362
|
What happens if BIA does not meet a deadline for issuing a decision on a lease document? |
Section 162.363
|
May BIA investigate compliance with a residential lease? |
Section 162.364
|
May a residential lease provide for negotiated remedies if there is a violation? |
Section 162.365
|
What will BIA do about a violation of a residential lease? |
Section 162.366
|
What will BIA do if the lessee does not cure a violation of a residential lease on time? |
Section 162.367
|
Will late payment charges or special fees apply to delinquent payments due under a residential lease? |
Section 162.368
|
How will payment rights relating to a residential lease be allocated? |
Section 162.369
|
When will a cancellation of a residential lease be effective? |
Section 162.370
|
What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled? |
Section 162.371
|
Will BIA appeal bond regulations apply to cancellation decisions involving residential leases? |
Section 162.372
|
When will BIA issue a decision on an appeal from a residential leasing decision? |
Section 162.373
|
What happens if the lessee abandons the leased premises? |
Section 162.374
|
What types of leases does this subpart cover? |
Section 162.401
|
Is there a model business lease form? |
Section 162.402
|
How long may the term of a business lease run? |
Section 162.411
|
What must the lease include if it contains an option to renew? |
Section 162.412
|
Are there mandatory provisions that a business lease must contain? |
Section 162.413
|
May permanent improvements be made under a business lease? |
Section 162.414
|
How must a business lease address ownership of permanent improvements? |
Section 162.415
|
How will BIA enforce removal requirements in a business lease? |
Section 162.416
|
What requirements for due diligence must a business lease include? |
Section 162.417
|
How must a business lease describe the land? |
Section 162.418
|
May a business lease allow compatible uses? |
Section 162.419
|
How much monetary compensation must be paid under a business lease of tribal land? |
Section 162.420
|
How much monetary compensation must be paid under a business lease of individually owned Indian land? |
Section 162.421
|
How will BIA determine fair market rental for a business lease? |
Section 162.422
|
When are monetary compensation payments due under a business lease? |
Section 162.423
|
Must a business lease specify who receives monetary compensation payments? |
Section 162.424
|
What form of monetary compensation payment is acceptable under a business lease? |
Section 162.425
|
May the business lease provide for non-monetary or varying types of compensation? |
Section 162.426
|
Will BIA notify a lessee when a payment is due under a business lease? |
Section 162.427
|
Must a business lease provide for compensation reviews or adjustments? |
Section 162.428
|
What other types of payments are required under a business lease? |
Section 162.429
|
Must a lessee provide a performance bond for a business lease? |
Section 162.434
|
What forms of security are acceptable under a business lease? |
Section 162.435
|
What is the release process for a performance bond or alternative form of security under a business lease? |
Section 162.436
|
Must a lessee provide insurance for a business lease? |
Section 162.437
|
What documents are required for BIA approval of a business lease? |
Section 162.438
|
Will BIA review a proposed business lease before or during preparation of the NEPA review documentation? |
Section 162.439
|
What is the approval process for a business lease? |
Section 162.440
|
How will BIA decide whether to approve a business lease? |
Section 162.441
|
When will a business lease be effective? |
Section 162.442
|
Must a business lease document be recorded? |
Section 162.443
|
Will BIA require an appeal bond for an appeal of a decision on a business lease document? |
Section 162.444
|
May the parties amend a business lease? |
Section 162.445
|
What are the consent requirements for an amendment to a business lease? |
Section 162.446
|
What is the approval process for an amendment to a business lease? |
Section 162.447
|
How will BIA decide whether to approve an amendment to a business lease? |
Section 162.448
|
May a lessee assign a business lease? |
Section 162.449
|
What are the consent requirements for an assignment of a business lease? |
Section 162.450
|
What is the approval process for an assignment of a business lease? |
Section 162.451
|
How will BIA decide whether to approve an assignment of a business lease? |
Section 162.452
|
May a lessee sublease a business lease? |
Section 162.453
|
What are the consent requirements for a sublease of a business lease? |
Section 162.454
|
What is the approval process for a sublease of a business lease? |
Section 162.455
|
How will BIA decide whether to approve a sublease of a business lease? |
Section 162.456
|
May a lessee mortgage a business lease? |
Section 162.457
|
What are the consent requirements for a leasehold mortgage of a business lease? |
Section 162.458
|
What is the approval process for a leasehold mortgage of a business lease? |
Section 162.459
|
How will BIA decide whether to approve a leasehold mortgage of a business lease? |
Section 162.460
|
When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective? |
Section 162.461
|
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease? |
Section 162.462
|
What happens if BIA does not meet a deadline for issuing a decision on a lease document? |
Section 162.463
|
May BIA investigate compliance with a business lease? |
Section 162.464
|
May a business lease provide for negotiated remedies if there is a violation? |
Section 162.465
|
What will BIA do about a violation of a business lease? |
Section 162.466
|
What will BIA do if the lessee does not cure a violation of a business lease on time? |
Section 162.467
|
Will late payment charges or special fees apply to delinquent payments due under a business lease? |
Section 162.468
|
How will payment rights relating to a business lease be allocated? |
Section 162.469
|
When will a cancellation of a business lease be effective? |
Section 162.470
|
What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled? |
Section 162.471
|
Will BIA appeal bond regulations apply to cancellation decisions involving business leases? |
Section 162.472
|
When will BIA issue a decision on an appeal from a business leasing decision? |
Section 162.473
|
What happens if the lessee abandons the leased premises? |
Section 162.474
|
What types of leases does this subpart cover? |
Section 162.501
|
Who must obtain a WEEL or WSR lease? |
Section 162.502
|
Is there a model WEEL or WSR lease? |
Section 162.503
|
What is the purpose of a WEEL? |
Section 162.511
|
How long may the term of a WEEL run? |
Section 162.512
|
Are there mandatory provisions a WEEL must contain? |
Section 162.513
|
May permanent improvements be made under a WEEL? |
Section 162.514
|
How must a WEEL address ownership of permanent improvements? |
Section 162.515
|
How will BIA enforce removal requirements in a WEEL? |
Section 162.516
|
What requirements for due diligence must a WEEL include? |
Section 162.517
|
How must a WEEL describe the land? |
Section 162.518
|
May a WEEL allow for compatible uses by the Indian landowner? |
Section 162.519
|
Who owns the energy resource information obtained under the WEEL? |
Section 162.520
|
May a lessee incorporate its WEEL analyses into its WSR lease analyses? |
Section 162.521
|
May a WEEL contain an option for the lessee to enter into a WSR lease? |
Section 162.522
|
How much compensation must be paid under a WEEL? |
Section 162.523
|
Will BIA require a valuation for a WEEL? |
Section 162.524
|
Must a lessee provide a performance bond for a WEEL? |
Section 162.525
|
Must a lessee provide insurance for a WEEL? |
Section 162.527
|
What documents are required for BIA approval of a WEEL? |
Section 162.528
|
Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation? |
Section 162.529
|
What is the approval process for a WEEL? |
Section 162.530
|
How will BIA decide whether to approve a WEEL? |
Section 162.531
|
When will a WEEL be effective? |
Section 162.532
|
Must a WEEL lease document be recorded? |
Section 162.533
|
May the parties amend, assign, sublease, or mortgage a WEEL? |
Section 162.534
|
What effectiveness, compliance, and enforcement provisions apply to WEELs? |
Section 162.535
|
Under what circumstances may a WEEL be terminated? |
Section 162.536
|
What is the purpose of a WSR lease? |
Section 162.538
|
Must I obtain a WEEL before obtaining a WSR lease? |
Section 162.539
|
How long may the term of a WSR lease run? |
Section 162.540
|
What must the lease include if it contains an option to renew? |
Section 162.541
|
Are there mandatory provisions a WSR lease must contain? |
Section 162.542
|
May permanent improvements be made under a WSR lease? |
Section 162.543
|
How must a WSR lease address ownership of permanent improvements? |
Section 162.544
|
How will BIA enforce removal requirements in a WSR lease? |
Section 162.545
|
What requirements for due diligence must a WSR lease include? |
Section 162.546
|
How must a WSR lease describe the land? |
Section 162.547
|
May a WSR lease allow compatible uses? |
Section 162.548
|
How much monetary compensation must be paid under a WSR lease of tribal land? |
Section 162.549
|
How much monetary compensation must be paid under a WSR lease of individually owned Indian land? |
Section 162.550
|
How will BIA determine fair market rental for a WSR lease? |
Section 162.551
|
When are monetary compensation payments due under a WSR lease? |
Section 162.552
|
Must a WSR lease specify who receives monetary compensation payments? |
Section 162.553
|
What form of monetary compensation payment is acceptable under a WSR lease? |
Section 162.554
|
May a WSR lease provide for non-monetary or varying types of compensation? |
Section 162.555
|
Will BIA notify a lessee when a payment is due under a WSR lease? |
Section 162.556
|
Must a WSR lease provide for compensation reviews or adjustments? |
Section 162.557
|
What other types of payments are required under a WSR lease? |
Section 162.558
|
Must a lessee provide a performance bond for a WSR lease? |
Section 162.559
|
What forms of security are acceptable under a WSR lease? |
Section 162.560
|
What is the release process for a performance bond or alternative form of security under a WSR lease? |
Section 162.561
|
Must a lessee provide insurance for a WSR lease? |
Section 162.562
|
What documents are required for BIA approval of a WSR lease? |
Section 162.563
|
Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation? |
Section 162.564
|
What is the approval process for a WSR lease? |
Section 162.565
|
How will BIA decide whether to approve a WSR lease? |
Section 162.566
|
When will a WSR lease be effective? |
Section 162.567
|
Must a WSR lease document be recorded? |
Section 162.568
|
Will BIA require an appeal bond for an appeal of a decision on a WSR lease document? |
Section 162.569
|
May the parties amend a WSR lease? |
Section 162.570
|
What are the consent requirements for an amendment to a WSR lease? |
Section 162.571
|
What is the approval process for an amendment to a WSR lease? |
Section 162.572
|
How will BIA decide whether to approve an amendment to a WSR lease? |
Section 162.573
|
May a lessee assign a WSR lease? |
Section 162.574
|
What are the consent requirements for an assignment of a WSR lease? |
Section 162.575
|
What is the approval process for an assignment of a WSR lease? |
Section 162.576
|
How will BIA decide whether to approve an assignment of a WSR lease? |
Section 162.577
|
May a lessee sublease a WSR lease? |
Section 162.578
|
What are the consent requirements for a sublease of a WSR lease? |
Section 162.579
|
What is the approval process for a sublease of a WSR lease? |
Section 162.580
|
How will BIA decide whether to approve a sublease of a WSR lease? |
Section 162.581
|
May a lessee mortgage a WSR lease? |
Section 162.582
|
What are the consent requirements for a leasehold mortgage of a WSR lease? |
Section 162.583
|
What is the approval process for a leasehold mortgage of a WSR lease? |
Section 162.584
|
How will BIA decide whether to approve a leasehold mortgage of a WSR lease? |
Section 162.585
|
When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective? |
Section 162.586
|
What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease? |
Section 162.587
|
What happens if BIA does not meet a deadline for issuing a decision on a lease document? |
Section 162.588
|
May BIA investigate compliance with a WSR lease? |
Section 162.589
|
May a WSR lease provide for negotiated remedies if there is a violation? |
Section 162.590
|
What will BIA do about a violation of a WSR lease? |
Section 162.591
|
What will BIA do if a lessee does not cure a violation of a WSR lease on time? |
Section 162.592
|
Will late payment charges or special fees apply to delinquent payments due under a WSR lease? |
Section 162.593
|
How will payment rights relating to WSR leases be allocated? |
Section 162.594
|
When will a cancellation of a WSR lease be effective? |
Section 162.595
|
What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled? |
Section 162.596
|
Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases? |
Section 162.597
|
When will BIA issue a decision on an appeal from a WSR leasing decision? |
Section 162.598
|
What happens if the lessee abandons the leased premises? |
Section 162.599
|
Crow Reservation |
Section 162.600
|
Fort Belknap Reservation |
Section 162.601
|
Cabazon, Augustine, and Torres-Martinez Reservations, California |
Section 162.602
|
San Xavier and Salt River Pima-Maricopa Reservations |
Section 162.603
|
Who owns the records associated with this part? |
Section 162.701
|
How must records associated with this part be preserved? |
Section 162.702
|
How does the Paperwork Reduction Act affect this part? |
Section 162.703
|
Definitions |