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U.S. Code of Federal Regula...
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Title 25—Indians
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CHAPTER I—BUREAU OF INDIAN ...
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PART 162—LEASES AND PERMITS
PART 162—LEASES AND PERMITS
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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 - What documents are required for BIA approval of a residential lease?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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 - 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?
§ 162.401 - What types of leases does this subpart cover?
§ 162.402 - Is there a model business lease form?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 162.523 - How much compensation must be paid under a WEEL?
§ 162.524 - Will BIA require a valuation for a WEEL?
§ 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?
§ 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?
§ 162.534 - May the parties amend, assign, sublease, or mortgage a WEEL?
§ 162.535 - What effectiveness, compliance, and enforcement provisions apply to WEELs?
§ 162.536 - Under what circumstances may a WEEL be terminated?
§ 162.537 - What is the purpose of a WSR lease?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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.
§ 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?