Subpart D. Subpart D—Business Leases

• Business Leasing General Provisions

  • SECTION § 162.401 - What types of leases does this subpart cover?
  • SECTION § 162.402 - Is there a model business lease form?

• Lease Requirements

  • SECTION § 162.411 - How long may the term of a business lease run?
  • SECTION § 162.412 - What must the lease include if it contains an option to renew?
  • SECTION § 162.413 - Are there mandatory provisions that a business lease must contain?
  • SECTION § 162.414 - May permanent improvements be made under a business lease?
  • SECTION § 162.415 - How must a business lease address ownership of permanent improvements?
  • SECTION § 162.416 - How will BIA enforce removal requirements in a business lease?
  • SECTION § 162.417 - What requirements for due diligence must a business lease include?
  • SECTION § 162.418 - How must a business lease describe the land?
  • SECTION § 162.419 - May a business lease allow compatible uses?

• Monetary Compensation Requirements

  • SECTION § 162.420 - How much monetary compensation must be paid under a business lease of tribal land?
  • SECTION § 162.421 - How much monetary compensation must be paid under a business lease of individually owned Indian land?
  • SECTION § 162.422 - How will BIA determine fair market rental for a business lease?
  • SECTION § 162.423 - When are monetary compensation payments due under a business lease?
  • SECTION § 162.424 - Must a business lease specify who receives monetary compensation payments?
  • SECTION § 162.425 - What form of monetary compensation payment is acceptable under a business lease?
  • SECTION § 162.426 - May the business lease provide for non-monetary or varying types of compensation?
  • SECTION § 162.427 - Will BIA notify a lessee when a payment is due under a business lease?
  • SECTION § 162.428 - Must a business lease provide for compensation reviews or adjustments?
  • SECTION § 162.429 - What other types of payments are required under a business lease?

• Bonding and Insurance

  • SECTION § 162.434 - Must a lessee provide a performance bond for a business lease?
  • SECTION § 162.435 - What forms of security are acceptable under a business lease?
  • SECTION § 162.436 - What is the release process for a performance bond or alternative form of security under a business lease?
  • SECTION § 162.437 - Must a lessee provide insurance for a business lease?

• Approval

  • SECTION § 162.438 - What documents are required for BIA approval of a business lease?
  • SECTION § 162.439 - Will BIA review a proposed business lease before or during preparation of the NEPA review documentation?
  • SECTION § 162.440 - What is the approval process for a business lease?
  • SECTION § 162.441 - How will BIA decide whether to approve a business lease?
  • SECTION § 162.442 - When will a business lease be effective?
  • SECTION § 162.443 - Must a business lease document be recorded?
  • SECTION § 162.444 - Will BIA require an appeal bond for an appeal of a decision on a business lease document?

• Amendments

  • SECTION § 162.445 - May the parties amend a business lease?
  • SECTION § 162.446 - What are the consent requirements for an amendment to a business lease?
  • SECTION § 162.447 - What is the approval process for an amendment to a business lease?
  • SECTION § 162.448 - How will BIA decide whether to approve an amendment to a business lease?

• Assignments

  • SECTION § 162.449 - May a lessee assign a business lease?
  • SECTION § 162.450 - What are the consent requirements for an assignment of a business lease?
  • SECTION § 162.451 - What is the approval process for an assignment of a business lease?
  • SECTION § 162.452 - How will BIA decide whether to approve an assignment of a business lease?

• Subleases

  • SECTION § 162.453 - May a lessee sublease a business lease?
  • SECTION § 162.454 - What are the consent requirements for a sublease of a business lease?
  • SECTION § 162.455 - What is the approval process for a sublease of a business lease?
  • SECTION § 162.456 - How will BIA decide whether to approve a sublease of a business lease?

• Leasehold Mortgages

  • SECTION § 162.457 - May a lessee mortgage a business lease?
  • SECTION § 162.458 - What are the consent requirements for a leasehold mortgage of a business lease?
  • SECTION § 162.459 - What is the approval process for a leasehold mortgage of a business lease?
  • SECTION § 162.460 - How will BIA decide whether to approve a leasehold mortgage of a business lease?

• Effectiveness, Compliance, and Enforcement

  • SECTION § 162.461 - When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective?
  • SECTION § 162.462 - What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?
  • SECTION § 162.463 - What happens if BIA does not meet a deadline for issuing a decision on a lease document?
  • SECTION § 162.464 - May BIA investigate compliance with a business lease?
  • SECTION § 162.465 - May a business lease provide for negotiated remedies if there is a violation?
  • SECTION § 162.466 - What will BIA do about a violation of a business lease?
  • SECTION § 162.467 - What will BIA do if the lessee does not cure a violation of a business lease on time?
  • SECTION § 162.468 - Will late payment charges or special fees apply to delinquent payments due under a business lease?
  • SECTION § 162.469 - How will payment rights relating to a business lease be allocated?
  • SECTION § 162.470 - When will a cancellation of a business lease be effective?
  • SECTION § 162.471 - What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?
  • SECTION § 162.472 - Will BIA appeal bond regulations apply to cancellation decisions involving business leases?
  • SECTION § 162.473 - When will BIA issue a decision on an appeal from a business leasing decision?
  • SECTION § 162.474 - What happens if the lessee abandons the leased premises?