Subpart E. Subpart E—Wind and Solar Resource Leases

• General Provisions Applicable to WEELs and WSR Leases

  • SECTION § 162.501 - What types of leases does this subpart cover?
  • SECTION § 162.502 - Who must obtain a WEEL or WSR lease?
  • SECTION § 162.503 - Is there a model WEEL or WSR lease?

• WEELs

  • SECTION § 162.511 - What is the purpose of a WEEL?
  • SECTION § 162.512 - How long may the term of a WEEL run?
  • SECTION § 162.513 - Are there mandatory provisions a WEEL must contain?
  • SECTION § 162.514 - May permanent improvements be made under a WEEL?
  • SECTION § 162.515 - How must a WEEL address ownership of permanent improvements?
  • SECTION § 162.516 - How will BIA enforce removal requirements in a WEEL?
  • SECTION § 162.517 - What requirements for due diligence must a WEEL include?
  • SECTION § 162.518 - How must a WEEL describe the land?
  • SECTION § 162.519 - May a WEEL allow for compatible uses by the Indian landowner?
  • SECTION § 162.520 - Who owns the energy resource information obtained under the WEEL?
  • SECTION § 162.521 - May a lessee incorporate its WEEL analyses into its WSR lease analyses?
  • SECTION § 162.522 - May a WEEL contain an option for the lessee to enter into a WSR lease?

• WEEL Monetary Compensation Requirements

  • SECTION § 162.523 - How much compensation must be paid under a WEEL?
  • SECTION § 162.524 - Will BIA require a valuation for a WEEL?

• WEEL Bonding and Insurance

  • SECTION § 162.525 - Must a lessee provide a performance bond for a WEEL?
  • SECTION § 162.526 - [Reserved]
  • SECTION § 162.527 - Must a lessee provide insurance for a WEEL?

• WEEL Approval

  • SECTION § 162.528 - What documents are required for BIA approval of a WEEL?
  • SECTION § 162.529 - Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation?
  • SECTION § 162.530 - What is the approval process for a WEEL?
  • SECTION § 162.531 - How will BIA decide whether to approve a WEEL?
  • SECTION § 162.532 - When will a WEEL be effective?
  • SECTION § 162.533 - Must a WEEL lease document be recorded?

• WEEL Administration

  • SECTION § 162.534 - May the parties amend, assign, sublease, or mortgage a WEEL?

• WEEL Compliance and Enforcement

  • SECTION § 162.535 - What effectiveness, compliance, and enforcement provisions apply to WEELs?
  • SECTION § 162.536 - Under what circumstances may a WEEL be terminated?
  • SECTION § 162.537 - [Reserved]

• WSR Leases

  • SECTION § 162.538 - What is the purpose of a WSR lease?
  • SECTION § 162.539 - Must I obtain a WEEL before obtaining a WSR lease?
  • SECTION § 162.540 - How long may the term of a WSR lease run?
  • SECTION § 162.541 - What must the lease include if it contains an option to renew?
  • SECTION § 162.542 - Are there mandatory provisions a WSR lease must contain?
  • SECTION § 162.543 - May permanent improvements be made under a WSR lease?
  • SECTION § 162.544 - How must a WSR lease address ownership of permanent improvements?
  • SECTION § 162.545 -
  • SECTION § 162.546 - What requirements for due diligence must a WSR lease include?
  • SECTION § 162.547 - How must a WSR lease describe the land?
  • SECTION § 162.548 - May a WSR lease allow compatible uses?

• WSR Lease Monetary Compensation Requirements

  • SECTION § 162.549 - How much monetary compensation must be paid under a WSR lease of tribal land?
  • SECTION § 162.550 - How much monetary compensation must be paid under a WSR lease of individually owned Indian land?
  • SECTION § 162.551 - How will BIA determine fair market rental for a WSR lease?
  • SECTION § 162.552 - When are monetary compensation payments due under a WSR lease?
  • SECTION § 162.553 - Must a WSR lease specify who receives monetary compensation payments?
  • SECTION § 162.554 - What form of monetary compensation payment is acceptable under a WSR lease?
  • SECTION § 162.555 - May a WSR lease provide for non-monetary or varying types of compensation?
  • SECTION § 162.556 - Will BIA notify a lessee when a payment is due under a WSR lease?
  • SECTION § 162.557 - Must a WSR lease provide for compensation reviews or adjustments?
  • SECTION § 162.558 - What other types of payments are required under a WSR lease?

• WSR Lease Bonding and Insurance

  • SECTION § 162.559 - Must a lessee provide a performance bond for a WSR lease?
  • SECTION § 162.560 - What forms of security are acceptable under a WSR lease?
  • SECTION § 162.561 - What is the release process for a performance bond or alternative form of security under a WSR lease?
  • SECTION § 162.562 - Must a lessee provide insurance for a WSR lease?

• WSR Lease Approval

  • SECTION § 162.563 - What documents are required for BIA approval of a WSR lease?
  • SECTION § 162.564 - Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation?
  • SECTION § 162.565 - What is the approval process for a WSR lease?
  • SECTION § 162.566 - How will BIA decide whether to approve a WSR lease?
  • SECTION § 162.567 - When will a WSR lease be effective?
  • SECTION § 162.568 - Must a WSR lease document be recorded?
  • SECTION § 162.569 - Will BIA require an appeal bond for an appeal of a decision on a WSR lease document?

• WSR Lease Amendments

  • SECTION § 162.570 - May the parties amend a WSR lease?
  • SECTION § 162.571 - What are the consent requirements for an amendment to a WSR lease?
  • SECTION § 162.572 - What is the approval process for an amendment to a WSR lease?
  • SECTION § 162.573 - How will BIA decide whether to approve an amendment to a WSR lease?

• WSR Lease Assignments

  • SECTION § 162.574 - May a lessee assign a WSR lease?
  • SECTION § 162.575 - What are the consent requirements for an assignment of a WSR lease?
  • SECTION § 162.576 - What is the approval process for an assignment of a WSR lease?
  • SECTION § 162.577 - How will BIA decide whether to approve an assignment of a WSR lease?

• WSR Lease Subleases

  • SECTION § 162.578 - May a lessee sublease a WSR lease?
  • SECTION § 162.579 - What are the consent requirements for a sublease of a WSR lease?
  • SECTION § 162.580 - What is the approval process for a sublease of a WSR lease?
  • SECTION § 162.581 - How will BIA decide whether to approve a sublease of a WSR lease?

• WSR Leasehold Mortgages

  • SECTION § 162.582 - May a lessee mortgage a WSR lease?
  • SECTION § 162.583 - What are the consent requirements for a leasehold mortgage of a WSR lease?
  • SECTION § 162.584 - What is the approval process for a leasehold mortgage of a WSR lease?
  • SECTION § 162.585 - How will BIA decide whether to approve a leasehold mortgage of a WSR lease?

• WSR Lease Effectiveness, Compliance, and Enforcement

  • SECTION § 162.586 - When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective?
  • SECTION § 162.587 - What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease?
  • SECTION § 162.588 - What happens if BIA does not meet a deadline for issuing a decision on a lease document?
  • SECTION § 162.589 - May BIA investigate compliance with a WSR lease?
  • SECTION § 162.590 - May a WSR lease provide for negotiated remedies if there is a violation?
  • SECTION § 162.591 - What will BIA do about a violation of a WSR lease?
  • SECTION § 162.592 - What will BIA do if a lessee does not cure a violation of a WSR lease on time?
  • SECTION § 162.593 - Will late payment charges or special fees apply to delinquent payments due under a WSR lease?
  • SECTION § 162.594 - How will payment rights relating to WSR leases be allocated?
  • SECTION § 162.595 - When will a cancellation of a WSR lease be effective?
  • SECTION § 162.596 - What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
  • SECTION § 162.597 - Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases?
  • SECTION § 162.598 - When will BIA issue a decision on an appeal from a WSR leasing decision?
  • SECTION § 162.599 - What happens if the lessee abandons the leased premises?