25 CFR Part 162
PART 162—LEASES AND PERMITS
- PART 162—LEASES AND PERMITS
- Chapter I—Bureau of Indian Affairs, Department of the Interior › Subchapter H—Land and Water
- 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?
- 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?
- 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 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?
- 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?
- 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?
- 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.
- 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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