Opinion

Jay Daniels: Final BIA regulations a big improvement for leasing





"Well, it’s finally official as the new regulations for 25 C.F.R. § 162 (“new regulations”), including residential, business agricultural, religious, recreational and other purposes have become final as of January 4, 2013. Another change, but it is a change for the better compared to the prior regulations.

The Part 162 new regulations major changes were identified in a two page table. In reviewing the tables, the following are highlights:

• If BIA does not approve a sublease for a house, when a complete application package has been provided within 30 days, the sublease is considered to have been deemed approved, and automatically goes into effect.

• Does not require BIA approval of assignments if a lease is for housing for public purposes or the assignment is to certain parties.

• Provides flexibility by allowing original lease to provide for up-front or deemed consent of leasehold mortgages, subleases, etc.

• Permits for activities on Indian lands for special events or one time use of land are exempt from BIA approval.

• Requires BIA to defer to tribal decisions on rental rates, and does not require an appraisal of land unless the tribe requests one. Allows for more flexibility in determining and requiring fair market value for individually-owned land. Allows rent for wind energy evaluation leases to be at any amount negotiated by the landowners."

Get the Story:
Jay Daniels: Another change – but this time one for the better! (Round House Talk 1/6)

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