Title 25, Part 162 — Leases and Permits

What is the purpose of this part?

How is this part subdivided?

What key terms do I need to know?

To what land does this part apply?

When do I need a lease to authorize possession of Indian land?

To what types of land use agreements does this part apply?

To what permits does this part apply?

Does this part apply to lease documents I submitted for approval before January 4, 2013?

Do I need BIA approval of a subleasehold mortgage?

How do I obtain a lease?

How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease?

What are the consent requirements for a lease?

Who is authorized to consent to a lease?

What laws will apply to leases approved under this part?

May a lease contain a preference consistent with tribal law for employment of tribal members?

Will BIA comply with tribal laws in making lease decisions?

What taxes apply to leases approved under this part?

May tribes administer this part on BIA's behalf?

May a lease address access to the leased premises by roads or other infrastructure?

May a lease combine tracts with different Indian landowners?

What are BIA's responsibilities in approving leases?

What are BIA's responsibilities in administering and enforcing leases?

What if an individual or entity takes possession of or uses Indian land without an approved lease or other proper authorization?

May BIA take emergency action if Indian land is threatened?

May decisions under this part be appealed?

Who can answer questions about leasing?

What documentation may BIA require in approving, administering, and enforcing leases?

How may an Indian tribe obtain information about leases on its land?

How does BIA provide notice to the parties to a lease?

What key terms do I need to know for this subpart?

Can tracts with different Indian landowners be unitized for agricultural leasing purposes?

What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?

What are BIA's objectives in granting or approving agricultural leases?

What are BIA's responsibilities in administering and enforcing agricultural leases?

What laws, other than these regulations, will apply to agricultural leases granted or approved under this part?

Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf?

Who owns the records associated with this subpart?

How must records associated with this part be preserved?

May decisions under this subpart be appealed?

What types of leases are covered by this subpart?

Must agricultural land be managed in accordance with a tribe's agricultural resource management plan?

How will tribal laws be enforced on agricultural land?

When can the regulations in this subpart be superseded or modified by tribal laws and leasing policies?

Must notice of applicable tribal laws and leasing policies be provided?

Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies?

Can the terms of an agricultural lease be negotiated with the Indian landowners?

When can the Indian landowners grant an agricultural lease?

Who can represent the Indian landowners in negotiating or granting an agricultural lease?

When can BIA grant an agricultural lease on behalf of an Indian landowner?

When can BIA grant a permit covering agricultural land?

What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land?

When will the BIA advertise Indian land for agricultural leases?

What supporting documents must be provided prior to BIA's grant or approval of an agricultural lease?

How and when will BIA decide whether to approve an agricultural lease?

When will an agricultural lease be effective?

When will a BIA decision to approve an agricultural lease be effective?

Must an agricultural lease or permit be recorded?

Is there a standard agricultural lease form?

Are there any provisions that must be included in an agricultural lease?

Are there any formal requirements that must be satisfied in the execution of an agricultural lease?

How should the land be described in an agricultural lease?

How much rent must be paid under an agricultural lease?

Must the rent be adjusted under an agricultural lease?

When are rent payments due under an agricultural lease?

Will untimely rent payments made under an agricultural lease be subject to interest charges or late payment penalties?

To whom can rent payments be made under an agricultural lease?

What form of rent payment can be accepted under an agricultural lease?

What other types of payments are required under an agricultural lease?

How long can the term of an agricultural lease run?

Can an agricultural lease be amended, assigned, sublet, or mortgaged?

How can the land be used under an agricultural lease?

Can improvements be made under an agricultural lease?

Who will own the improvements made under an agricultural lease?

Must a tenant provide a bond under an agricultural lease?

What form of bond can be accepted under an agricultural lease?

How will a cash bond be administered?

What insurance is required under an agricultural lease?

What indemnities are required under an agricultural lease?

How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the tenant?

Can an agricultural lease provide for negotiated remedies in the event of a violation?

Will administrative fees be charged for actions relating to agricultural leases?

How will BIA decide whether to approve an amendment to an agricultural lease?

How will BIA decide whether to approve an assignment or sublease under an agricultural lease?

How will BIA decide whether to approve a leasehold mortgage under an agricultural lease?

When will a BIA decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease be effective?

Must an amendment, assignment, sublease, or mortgage approved under an agricultural lease be recorded?

Will BIA notify a tenant when a rent payment is due under an agricultural lease?

What will BIA do if rent payments are not made in the time and manner required by an agricultural lease?

Will any special fees be assessed on delinquent rent payments due under an agricultural lease?

How will BIA determine whether the activities of a tenant under an agricultural lease are in compliance with the terms of the lease?

What will BIA do in the event of a violation under an agricultural lease?

What will BIA do if a violation of an agricultural lease is not cured within the requisite time period?

Will BIA's regulations concerning appeal bonds apply to cancellation decisions involving agricultural leases?

When will a cancellation of an agricultural lease be effective?

Can BIA take emergency action if the leased premises are threatened with immediate and significant harm?

What will BIA do if a tenant holds over after the expiration or cancellation of an agricultural lease?

What types of leases does this subpart cover?

Is there a model residential lease form?

Who needs a lease for housing for public purposes?

How long may the term of a residential lease run?

What must the lease include if it contains an option to renew?

Are there mandatory provisions that a residential lease must contain?

May permanent improvements be made under a residential lease?

How must a residential lease address ownership of permanent improvements?

How will BIA enforce removal requirements in a residential lease?

How must a residential lease describe the land?

How much rent must be paid under a residential lease of tribal land?

How much rent must be paid under a residential lease of individually owned Indian land?

How will BIA determine fair market rental for a residential lease?

When are rental payments due under a residential lease?

Must a residential lease specify who receives rental payments?

What form of payment is acceptable under a residential lease?

May a residential lease provide for non-monetary or varying types of compensation?

Will BIA notify a lessee when a payment is due under a residential lease?

Must a residential lease provide for rental reviews or adjustments?

What other types of payments are required under a residential lease?

Is a performance bond required for a residential lease document?

Is insurance required for a residential lease document?

§§ 162.336-162.337 [Reserved]

What documents are required for BIA approval of a residential lease?

Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation?

What is the approval process for a residential lease?

How will BIA decide whether to approve a residential lease?

When will a residential lease be effective?

Must a residential lease document be recorded?

Will BIA require an appeal bond for an appeal of a decision on a residential lease document?

May the parties amend a residential lease?

What are the consent requirements for an amendment of a residential lease?

What is the approval process for an amendment of a residential lease?

How will BIA decide whether to approve an amendment of a residential lease?

May a lessee assign a residential lease?

What are the consent requirements for an assignment of a residential lease?

What is the approval process for an assignment of a residential lease?

How will BIA decide whether to approve an assignment of a residential lease?

May a lessee sublease a residential lease?

What are the consent requirements for a sublease of a residential lease?

What is the approval process for a sublease of a residential lease?

How will BIA decide whether to approve a sublease of a residential lease?

May a lessee mortgage a residential lease?

What are the consent requirements for a leasehold mortgage of a residential lease?

What is the approval process for a leasehold mortgage of a residential lease?

How will BIA decide whether to approve a leasehold mortgage of a residential lease?

When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective?

What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage?

What happens if BIA does not meet a deadline for issuing a decision on a lease document?

May BIA investigate compliance with a residential lease?

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?

What will BIA do if the lessee does not cure a violation of a residential lease on time?

Will late payment charges or special fees apply to delinquent payments due under a residential lease?

How will payment rights relating to a residential lease be allocated?

When will a cancellation of a residential lease be effective?

What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?

Will BIA appeal bond regulations apply to cancellation decisions involving residential leases?

When will BIA issue a decision on an appeal from a residential leasing decision?

What happens if the lessee abandons the leased premises?

What types of leases does this subpart cover?

Is there a model business lease form?

How long may the term of a business lease run?

What must the lease include if it contains an option to renew?

Are there mandatory provisions that a business lease must contain?

May permanent improvements be made under a business lease?

How must a business lease address ownership of permanent improvements?

How will BIA enforce removal requirements in a business lease?

What requirements for due diligence must a business lease include?

How must a business lease describe the land?

May a business lease allow compatible uses?

How much monetary compensation must be paid under a business lease of tribal land?

How much monetary compensation must be paid under a business lease of individually owned Indian land?

How will BIA determine fair market rental for a business lease?

When are monetary compensation payments due under a business lease?

Must a business lease specify who receives monetary compensation payments?

What form of monetary compensation payment is acceptable under a business lease?

May the business lease provide for non-monetary or varying types of compensation?

Will BIA notify a lessee when a payment is due under a business lease?

Must a business lease provide for compensation reviews or adjustments?

What other types of payments are required under a business lease?

Must a lessee provide a performance bond for a business lease?

What forms of security are acceptable under a business lease?

What is the release process for a performance bond or alternative form of security under a business lease?

Must a lessee provide insurance for a business lease?

What documents are required for BIA approval of a business lease?

Will BIA review a proposed business lease before or during preparation of the NEPA review documentation?

What is the approval process for a business lease?

How will BIA decide whether to approve a business lease?

When will a business lease be effective?

Must a business lease document be recorded?

Will BIA require an appeal bond for an appeal of a decision on a business lease document?

May the parties amend a business lease?

What are the consent requirements for an amendment to a business lease?

What is the approval process for an amendment to a business lease?

How will BIA decide whether to approve an amendment to a business lease?

May a lessee assign a business lease?

What are the consent requirements for an assignment of a business lease?

What is the approval process for an assignment of a business lease?

How will BIA decide whether to approve an assignment of a business lease?

May a lessee sublease a business lease?

What are the consent requirements for a sublease of a business lease?

What is the approval process for a sublease of a business lease?

How will BIA decide whether to approve a sublease of a business lease?

May a lessee mortgage a business lease?

What are the consent requirements for a leasehold mortgage of a business lease?

What is the approval process for a leasehold mortgage of a business lease?

How will BIA decide whether to approve a leasehold mortgage of a business lease?

When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective?

What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?

What happens if BIA does not meet a deadline for issuing a decision on a lease document?

May BIA investigate compliance with a business lease?

May a business lease provide for negotiated remedies if there is a violation?

What will BIA do about a violation of a business lease?

What will BIA do if the lessee does not cure a violation of a business lease on time?

Will late payment charges or special fees apply to delinquent payments due under a business lease?

How will payment rights relating to a business lease be allocated?

When will a cancellation of a business lease be effective?

What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?

Will BIA appeal bond regulations apply to cancellation decisions involving business leases?

When will BIA issue a decision on an appeal from a business leasing decision?

What happens if the lessee abandons the leased premises?

What types of leases does this subpart cover?

Who must obtain a WEEL or WSR lease?

Is there a model WEEL or WSR lease?

What is the purpose of a WEEL?

How long may the term of a WEEL run?

Are there mandatory provisions a WEEL must contain?

May permanent improvements be made under a WEEL?

How must a WEEL address ownership of permanent improvements?

How will BIA enforce removal requirements in a WEEL?

What requirements for due diligence must a WEEL include?

How must a WEEL describe the land?

May a WEEL allow for compatible uses by the Indian landowner?

Who owns the energy resource information obtained under the WEEL?

May a lessee incorporate its WEEL analyses into its WSR lease analyses?

May a WEEL contain an option for the lessee to enter into a WSR lease?

How much compensation must be paid under a WEEL?

Will BIA require a valuation for a WEEL?

Must a lessee provide a performance bond for a WEEL?

[Reserved]

Must a lessee provide insurance for a WEEL?

What documents are required for BIA approval of a WEEL?

Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation?

What is the approval process for a WEEL?

How will BIA decide whether to approve a WEEL?

When will a WEEL be effective?

Must a WEEL lease document be recorded?

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

What effectiveness, compliance, and enforcement provisions apply to WEELs?

Under what circumstances may a WEEL be terminated?

[Reserved]

What is the purpose of a WSR lease?

Must I obtain a WEEL before obtaining a WSR lease?

How long may the term of a WSR lease run?

What must the lease include if it contains an option to renew?

Are there mandatory provisions a WSR lease must contain?

May permanent improvements be made under a WSR lease?

How must a WSR lease address ownership of permanent improvements?

How will BIA enforce removal requirements in a WSR lease?

What requirements for due diligence must a WSR lease include?

How must a WSR lease describe the land?

May a WSR lease allow compatible uses?

How much monetary compensation must be paid under a WSR lease of tribal land?

How much monetary compensation must be paid under a WSR lease of individually owned Indian land?

How will BIA determine fair market rental for a WSR lease?

When are monetary compensation payments due under a WSR lease?

Must a WSR lease specify who receives monetary compensation payments?

What form of monetary compensation payment is acceptable under a WSR lease?

May a WSR lease provide for non-monetary or varying types of compensation?

Will BIA notify a lessee when a payment is due under a WSR lease?

Must a WSR lease provide for compensation reviews or adjustments?

What other types of payments are required under a WSR lease?

Must a lessee provide a performance bond for a WSR lease?

What forms of security are acceptable under a WSR lease?

What is the release process for a performance bond or alternative form of security under a WSR lease?

Must a lessee provide insurance for a WSR lease?

What documents are required for BIA approval of a WSR lease?

Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation?

What is the approval process for a WSR lease?

How will BIA decide whether to approve a WSR lease?

When will a WSR lease be effective?

Must a WSR lease document be recorded?

Will BIA require an appeal bond for an appeal of a decision on a WSR lease document?

May the parties amend a WSR lease?

What are the consent requirements for an amendment to a WSR lease?

What is the approval process for an amendment to a WSR lease?

How will BIA decide whether to approve an amendment to a WSR lease?

May a lessee assign a WSR lease?

What are the consent requirements for an assignment of a WSR lease?

What is the approval process for an assignment of a WSR lease?

How will BIA decide whether to approve an assignment of a WSR lease?

May a lessee sublease a WSR lease?

What are the consent requirements for a sublease of a WSR lease?

What is the approval process for a sublease of a WSR lease?

How will BIA decide whether to approve a sublease of a WSR lease?

May a lessee mortgage a WSR lease?

What are the consent requirements for a leasehold mortgage of a WSR lease?

What is the approval process for a leasehold mortgage of a WSR lease?

How will BIA decide whether to approve a leasehold mortgage of a WSR lease?

When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective?

What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease?

What happens if BIA does not meet a deadline for issuing a decision on a lease document?

May BIA investigate compliance with a WSR lease?

May a WSR lease provide for negotiated remedies if there is a violation?

What will BIA do about a violation of a WSR lease?

What will BIA do if a lessee does not cure a violation of a WSR lease on time?

Will late payment charges or special fees apply to delinquent payments due under a WSR lease?

How will payment rights relating to WSR leases be allocated?

When will a cancellation of a WSR lease be effective?

What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?

Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases?

When will BIA issue a decision on an appeal from a WSR leasing decision?

What happens if the lessee abandons the leased premises?

Crow Reservation.

Fort Belknap Reservation.

Cabazon, Augustine, and Torres-Martinez Reservations, California.

San Xavier and Salt River Pima-Maricopa Reservations.

Who owns the records associated with this part?

How must records associated with this part be preserved?

How does the Paperwork Reduction Act affect this part?