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FEDERAL · 25 CFR

Part 162 — Leases and Permits

317 sections · Title 25: Indians

§ 162.001What is the purpose of this part?
§ 162.002How is this part subdivided?
§ 162.003What key terms do I need to know?
§ 162.004To what land does this part apply?
§ 162.005When do I need a lease to authorize possession of Indian land?
§ 162.006To what types of land use agreements does this part apply?
§ 162.007To what permits does this part apply?
§ 162.008Does this part apply to lease documents I submitted for approval before January 4, 2013?
§ 162.009Do I need BIA approval of a subleasehold mortgage?
§ 162.010How do I obtain a lease?
§ 162.011How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease?
§ 162.012What are the consent requirements for a lease?
§ 162.013Who is authorized to consent to a lease?
§ 162.014What laws will apply to leases approved under this part?
§ 162.015May a lease contain a preference consistent with tribal law for employment of tribal members?
§ 162.016Will BIA comply with tribal laws in making lease decisions?
§ 162.017What taxes apply to leases approved under this part?
§ 162.018May tribes administer this part on BIA's behalf?
§ 162.019May a lease address access to the leased premises by roads or other infrastructure?
§ 162.020May a lease combine tracts with different Indian landowners?
§ 162.021What are BIA's responsibilities in approving leases?
§ 162.022What are BIA's responsibilities in administering and enforcing leases?
§ 162.023What if an individual or entity takes possession of or uses Indian land without an approved lease or other proper authorization?
§ 162.024May BIA take emergency action if Indian land is threatened?
§ 162.025May decisions under this part be appealed?
§ 162.026Who can answer questions about leasing?
§ 162.027What documentation may BIA require in approving, administering, and enforcing leases?
§ 162.028How may an Indian tribe obtain information about leases on its land?
§ 162.029How does BIA provide notice to the parties to a lease?
§ 162.101What key terms do I need to know for this subpart?
§ 162.105Can tracts with different Indian landowners be unitized for agricultural leasing purposes?
§ 162.106What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?
§ 162.107What are BIA's objectives in granting or approving agricultural leases?
§ 162.108What are BIA's responsibilities in administering and enforcing agricultural leases?
§ 162.109What laws, other than these regulations, will apply to agricultural leases granted or approved under this part?
§ 162.110Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf?
§ 162.111Who owns the records associated with this subpart?
§ 162.112How must records associated with this part be preserved?
§ 162.113May decisions under this subpart be appealed?
§ 162.200What types of leases are covered by this subpart?
§ 162.201Must agricultural land be managed in accordance with a tribe's agricultural resource management plan?
§ 162.202How will tribal laws be enforced on agricultural land?
§ 162.203When can the regulations in this subpart be superseded or modified by tribal laws and leasing policies?
§ 162.204Must notice of applicable tribal laws and leasing policies be provided?
§ 162.205Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies?
§ 162.206Can the terms of an agricultural lease be negotiated with the Indian landowners?
§ 162.207When can the Indian landowners grant an agricultural lease?
§ 162.208Who can represent the Indian landowners in negotiating or granting an agricultural lease?
§ 162.209When can BIA grant an agricultural lease on behalf of an Indian landowner?
§ 162.210When can BIA grant a permit covering agricultural land?
§ 162.211What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land?
§ 162.212When will the BIA advertise Indian land for agricultural leases?
§ 162.213What supporting documents must be provided prior to BIA's grant or approval of an agricultural lease?
§ 162.214How and when will BIA decide whether to approve an agricultural lease?
§ 162.215When will an agricultural lease be effective?
§ 162.216When will a BIA decision to approve an agricultural lease be effective?
§ 162.217Must an agricultural lease or permit be recorded?
§ 162.218Is there a standard agricultural lease form?
§ 162.219Are there any provisions that must be included in an agricultural lease?
§ 162.220Are there any formal requirements that must be satisfied in the execution of an agricultural lease?
§ 162.221How should the land be described in an agricultural lease?
§ 162.222How much rent must be paid under an agricultural lease?
§ 162.223Must the rent be adjusted under an agricultural lease?
§ 162.224When are rent payments due under an agricultural lease?
§ 162.225Will untimely rent payments made under an agricultural lease be subject to interest charges or late payment penalties?
§ 162.226To whom can rent payments be made under an agricultural lease?
§ 162.227What form of rent payment can be accepted under an agricultural lease?
§ 162.228What other types of payments are required under an agricultural lease?
§ 162.229How long can the term of an agricultural lease run?
§ 162.230Can an agricultural lease be amended, assigned, sublet, or mortgaged?
§ 162.231How can the land be used under an agricultural lease?
§ 162.232Can improvements be made under an agricultural lease?
§ 162.233Who will own the improvements made under an agricultural lease?
§ 162.234Must a tenant provide a bond under an agricultural lease?
§ 162.235What form of bond can be accepted under an agricultural lease?
§ 162.236How will a cash bond be administered?
§ 162.237What insurance is required under an agricultural lease?
§ 162.238What indemnities are required under an agricultural lease?
§ 162.239How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the tenant?
§ 162.240Can an agricultural lease provide for negotiated remedies in the event of a violation?
§ 162.241Will administrative fees be charged for actions relating to agricultural leases?
§ 162.242How will BIA decide whether to approve an amendment to an agricultural lease?
§ 162.243How will BIA decide whether to approve an assignment or sublease under an agricultural lease?
§ 162.244How will BIA decide whether to approve a leasehold mortgage under an agricultural lease?
§ 162.245When will a BIA decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease be effective?
§ 162.246Must an amendment, assignment, sublease, or mortgage approved under an agricultural lease be recorded?
§ 162.247Will BIA notify a tenant when a rent payment is due under an agricultural lease?
§ 162.248What will BIA do if rent payments are not made in the time and manner required by an agricultural lease?
§ 162.249Will any special fees be assessed on delinquent rent payments due under an agricultural lease?
§ 162.250How will BIA determine whether the activities of a tenant under an agricultural lease are in compliance with the terms of the lease?
§ 162.251What will BIA do in the event of a violation under an agricultural lease?
§ 162.252What will BIA do if a violation of an agricultural lease is not cured within the requisite time period?
§ 162.253Will BIA's regulations concerning appeal bonds apply to cancellation decisions involving agricultural leases?
§ 162.254When will a cancellation of an agricultural lease be effective?
§ 162.255Can BIA take emergency action if the leased premises are threatened with immediate and significant harm?
§ 162.256What will BIA do if a tenant holds over after the expiration or cancellation of an agricultural lease?
§ 162.301What types of leases does this subpart cover?
§ 162.302Is there a model residential lease form?
§ 162.303Who needs a lease for housing for public purposes?
§ 162.311How long may the term of a residential lease run?
§ 162.312What must the lease include if it contains an option to renew?
§ 162.313Are there mandatory provisions that a residential lease must contain?
§ 162.314May permanent improvements be made under a residential lease?
§ 162.315How must a residential lease address ownership of permanent improvements?
§ 162.316How will BIA enforce removal requirements in a residential lease?
§ 162.317How must a residential lease describe the land?
§ 162.320How much rent must be paid under a residential lease of tribal land?
§ 162.321How much rent must be paid under a residential lease of individually owned Indian land?
§ 162.322How will BIA determine fair market rental for a residential lease?
§ 162.323When are rental payments due under a residential lease?
§ 162.324Must a residential lease specify who receives rental payments?
§ 162.325What form of payment is acceptable under a residential lease?
§ 162.326May a residential lease provide for non-monetary or varying types of compensation?
§ 162.327Will BIA notify a lessee when a payment is due under a residential lease?
§ 162.328Must a residential lease provide for rental reviews or adjustments?
§ 162.329What other types of payments are required under a residential lease?
§ 162.334Is a performance bond required for a residential lease document?
§ 162.335Is insurance required for a residential lease document?
§ 162.336-162.337§§ 162.336-162.337 [Reserved]
§ 162.338What documents are required for BIA approval of a residential lease?
§ 162.339Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation?
§ 162.340What is the approval process for a residential lease?
§ 162.341How will BIA decide whether to approve a residential lease?
§ 162.342When will a residential lease be effective?
§ 162.343Must a residential lease document be recorded?
§ 162.344Will BIA require an appeal bond for an appeal of a decision on a residential lease document?
§ 162.345May the parties amend a residential lease?
§ 162.346What are the consent requirements for an amendment of a residential lease?
§ 162.347What is the approval process for an amendment of a residential lease?
§ 162.348How will BIA decide whether to approve an amendment of a residential lease?
§ 162.349May a lessee assign a residential lease?
§ 162.350What are the consent requirements for an assignment of a residential lease?
§ 162.351What is the approval process for an assignment of a residential lease?
§ 162.352How will BIA decide whether to approve an assignment of a residential lease?
§ 162.353May a lessee sublease a residential lease?
§ 162.354What are the consent requirements for a sublease of a residential lease?
§ 162.355What is the approval process for a sublease of a residential lease?
§ 162.356How will BIA decide whether to approve a sublease of a residential lease?
§ 162.357May a lessee mortgage a residential lease?
§ 162.358What are the consent requirements for a leasehold mortgage of a residential lease?
§ 162.359What is the approval process for a leasehold mortgage of a residential lease?
§ 162.360How will BIA decide whether to approve a leasehold mortgage of a residential lease?
§ 162.361When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective?
§ 162.362What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage?
§ 162.363What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§ 162.364May BIA investigate compliance with a residential lease?
§ 162.365May a residential lease provide for negotiated remedies if there is a violation?
§ 162.366What will BIA do about a violation of a residential lease?
§ 162.367What will BIA do if the lessee does not cure a violation of a residential lease on time?
§ 162.368Will late payment charges or special fees apply to delinquent payments due under a residential lease?
§ 162.369How will payment rights relating to a residential lease be allocated?
§ 162.370When will a cancellation of a residential lease be effective?
§ 162.371What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?
§ 162.372Will BIA appeal bond regulations apply to cancellation decisions involving residential leases?
§ 162.373When will BIA issue a decision on an appeal from a residential leasing decision?
§ 162.374What happens if the lessee abandons the leased premises?
§ 162.401What types of leases does this subpart cover?
§ 162.402Is there a model business lease form?
§ 162.411How long may the term of a business lease run?
§ 162.412What must the lease include if it contains an option to renew?
§ 162.413Are there mandatory provisions that a business lease must contain?
§ 162.414May permanent improvements be made under a business lease?
§ 162.415How must a business lease address ownership of permanent improvements?
§ 162.416How will BIA enforce removal requirements in a business lease?
§ 162.417What requirements for due diligence must a business lease include?
§ 162.418How must a business lease describe the land?
§ 162.419May a business lease allow compatible uses?
§ 162.420How much monetary compensation must be paid under a business lease of tribal land?
§ 162.421How much monetary compensation must be paid under a business lease of individually owned Indian land?
§ 162.422How will BIA determine fair market rental for a business lease?
§ 162.423When are monetary compensation payments due under a business lease?
§ 162.424Must a business lease specify who receives monetary compensation payments?
§ 162.425What form of monetary compensation payment is acceptable under a business lease?
§ 162.426May the business lease provide for non-monetary or varying types of compensation?
§ 162.427Will BIA notify a lessee when a payment is due under a business lease?
§ 162.428Must a business lease provide for compensation reviews or adjustments?
§ 162.429What other types of payments are required under a business lease?
§ 162.434Must a lessee provide a performance bond for a business lease?
§ 162.435What forms of security are acceptable under a business lease?
§ 162.436What is the release process for a performance bond or alternative form of security under a business lease?
§ 162.437Must a lessee provide insurance for a business lease?
§ 162.438What documents are required for BIA approval of a business lease?
§ 162.439Will BIA review a proposed business lease before or during preparation of the NEPA review documentation?
§ 162.440What is the approval process for a business lease?
§ 162.441How will BIA decide whether to approve a business lease?
§ 162.442When will a business lease be effective?
§ 162.443Must a business lease document be recorded?
§ 162.444Will BIA require an appeal bond for an appeal of a decision on a business lease document?
§ 162.445May the parties amend a business lease?
§ 162.446What are the consent requirements for an amendment to a business lease?
§ 162.447What is the approval process for an amendment to a business lease?
§ 162.448How will BIA decide whether to approve an amendment to a business lease?
§ 162.449May a lessee assign a business lease?
§ 162.450What are the consent requirements for an assignment of a business lease?
§ 162.451What is the approval process for an assignment of a business lease?
§ 162.452How will BIA decide whether to approve an assignment of a business lease?
§ 162.453May a lessee sublease a business lease?
§ 162.454What are the consent requirements for a sublease of a business lease?
§ 162.455What is the approval process for a sublease of a business lease?
§ 162.456How will BIA decide whether to approve a sublease of a business lease?
§ 162.457May a lessee mortgage a business lease?
§ 162.458What are the consent requirements for a leasehold mortgage of a business lease?
§ 162.459What is the approval process for a leasehold mortgage of a business lease?
§ 162.460How will BIA decide whether to approve a leasehold mortgage of a business lease?
§ 162.461When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective?
§ 162.462What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?
§ 162.463What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§ 162.464May BIA investigate compliance with a business lease?
§ 162.465May a business lease provide for negotiated remedies if there is a violation?
§ 162.466What will BIA do about a violation of a business lease?
§ 162.467What will BIA do if the lessee does not cure a violation of a business lease on time?
§ 162.468Will late payment charges or special fees apply to delinquent payments due under a business lease?
§ 162.469How will payment rights relating to a business lease be allocated?
§ 162.470When will a cancellation of a business lease be effective?
§ 162.471What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?
§ 162.472Will BIA appeal bond regulations apply to cancellation decisions involving business leases?
§ 162.473When will BIA issue a decision on an appeal from a business leasing decision?
§ 162.474What happens if the lessee abandons the leased premises?
§ 162.501What types of leases does this subpart cover?
§ 162.502Who must obtain a WEEL or WSR lease?
§ 162.503Is there a model WEEL or WSR lease?
§ 162.511What is the purpose of a WEEL?
§ 162.512How long may the term of a WEEL run?
§ 162.513Are there mandatory provisions a WEEL must contain?
§ 162.514May permanent improvements be made under a WEEL?
§ 162.515How must a WEEL address ownership of permanent improvements?
§ 162.516How will BIA enforce removal requirements in a WEEL?
§ 162.517What requirements for due diligence must a WEEL include?
§ 162.518How must a WEEL describe the land?
§ 162.519May a WEEL allow for compatible uses by the Indian landowner?
§ 162.520Who owns the energy resource information obtained under the WEEL?
§ 162.521May a lessee incorporate its WEEL analyses into its WSR lease analyses?
§ 162.522May a WEEL contain an option for the lessee to enter into a WSR lease?
§ 162.523How much compensation must be paid under a WEEL?
§ 162.524Will BIA require a valuation for a WEEL?
§ 162.525Must a lessee provide a performance bond for a WEEL?
§ 162.526§ 162.526 [Reserved]
§ 162.527Must a lessee provide insurance for a WEEL?
§ 162.528What documents are required for BIA approval of a WEEL?
§ 162.529Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation?
§ 162.530What is the approval process for a WEEL?
§ 162.531How will BIA decide whether to approve a WEEL?
§ 162.532When will a WEEL be effective?
§ 162.533Must a WEEL lease document be recorded?
§ 162.534May the parties amend, assign, sublease, or mortgage a WEEL?
§ 162.535What effectiveness, compliance, and enforcement provisions apply to WEELs?
§ 162.536Under what circumstances may a WEEL be terminated?
§ 162.537§ 162.537 [Reserved]
§ 162.538What is the purpose of a WSR lease?
§ 162.539Must I obtain a WEEL before obtaining a WSR lease?
§ 162.540How long may the term of a WSR lease run?
§ 162.541What must the lease include if it contains an option to renew?
§ 162.542Are there mandatory provisions a WSR lease must contain?
§ 162.543May permanent improvements be made under a WSR lease?
§ 162.544How must a WSR lease address ownership of permanent improvements?
§ 162.545How will BIA enforce removal requirements in a WSR lease?
§ 162.546What requirements for due diligence must a WSR lease include?
§ 162.547How must a WSR lease describe the land?
§ 162.548May a WSR lease allow compatible uses?
§ 162.549How much monetary compensation must be paid under a WSR lease of tribal land?
§ 162.550How much monetary compensation must be paid under a WSR lease of individually owned Indian land?
§ 162.551How will BIA determine fair market rental for a WSR lease?
§ 162.552When are monetary compensation payments due under a WSR lease?
§ 162.553Must a WSR lease specify who receives monetary compensation payments?
§ 162.554What form of monetary compensation payment is acceptable under a WSR lease?
§ 162.555May a WSR lease provide for non-monetary or varying types of compensation?
§ 162.556Will BIA notify a lessee when a payment is due under a WSR lease?
§ 162.557Must a WSR lease provide for compensation reviews or adjustments?
§ 162.558What other types of payments are required under a WSR lease?
§ 162.559Must a lessee provide a performance bond for a WSR lease?
§ 162.560What forms of security are acceptable under a WSR lease?
§ 162.561What is the release process for a performance bond or alternative form of security under a WSR lease?
§ 162.562Must a lessee provide insurance for a WSR lease?
§ 162.563What documents are required for BIA approval of a WSR lease?
§ 162.564Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation?
§ 162.565What is the approval process for a WSR lease?
§ 162.566How will BIA decide whether to approve a WSR lease?
§ 162.567When will a WSR lease be effective?
§ 162.568Must a WSR lease document be recorded?
§ 162.569Will BIA require an appeal bond for an appeal of a decision on a WSR lease document?
§ 162.570May the parties amend a WSR lease?
§ 162.571What are the consent requirements for an amendment to a WSR lease?
§ 162.572What is the approval process for an amendment to a WSR lease?
§ 162.573How will BIA decide whether to approve an amendment to a WSR lease?
§ 162.574May a lessee assign a WSR lease?
§ 162.575What are the consent requirements for an assignment of a WSR lease?
§ 162.576What is the approval process for an assignment of a WSR lease?
§ 162.577How will BIA decide whether to approve an assignment of a WSR lease?
§ 162.578May a lessee sublease a WSR lease?
§ 162.579What are the consent requirements for a sublease of a WSR lease?
§ 162.580What is the approval process for a sublease of a WSR lease?
§ 162.581How will BIA decide whether to approve a sublease of a WSR lease?
§ 162.582May a lessee mortgage a WSR lease?
§ 162.583What are the consent requirements for a leasehold mortgage of a WSR lease?
§ 162.584What is the approval process for a leasehold mortgage of a WSR lease?
§ 162.585How will BIA decide whether to approve a leasehold mortgage of a WSR lease?
§ 162.586When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective?
§ 162.587What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease?
§ 162.588What happens if BIA does not meet a deadline for issuing a decision on a lease document?
§ 162.589May BIA investigate compliance with a WSR lease?
§ 162.590May a WSR lease provide for negotiated remedies if there is a violation?
§ 162.591What will BIA do about a violation of a WSR lease?
§ 162.592What will BIA do if a lessee does not cure a violation of a WSR lease on time?
§ 162.593Will late payment charges or special fees apply to delinquent payments due under a WSR lease?
§ 162.594How will payment rights relating to WSR leases be allocated?
§ 162.595When will a cancellation of a WSR lease be effective?
§ 162.596What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
§ 162.597Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases?
§ 162.598When will BIA issue a decision on an appeal from a WSR leasing decision?
§ 162.599What happens if the lessee abandons the leased premises?
§ 162.600Crow Reservation.
§ 162.601Fort Belknap Reservation.
§ 162.602Cabazon, Augustine, and Torres-Martinez Reservations, California.
§ 162.603San Xavier and Salt River Pima-Maricopa Reservations.
§ 162.701Who owns the records associated with this part?
§ 162.702How must records associated with this part be preserved?
§ 162.703How does the Paperwork Reduction Act affect this part?