§ 1-204 Obtaining a lease.
A. Information on obtaining a lease shall be available from the Tribe’s Department of Administration.
B. Any applicant for a lease must submit the following documents to the executing official:
1. Any financial information the executing official deems necessary to determine whether the proposed lessee can meet the financial obligations of the lease;
2. Site surveys and a legal description;
3. Environmental review process documents; and
4. Any other documents deemed necessary by the executing official.
C. All leases shall contain, at a minimum, the following provisions:
1. The tract, location, or parcel of the land being leased, with a legal description sufficient to meet LTRO requirements;
2. The purpose of the lease and authorized uses of the leased premises;
3. The parties to the lease;
4. The term and effective date of the lease;
5. Identification of the responsible party for constructing, owning, operating, maintaining and removing any improvements to the leased premises;
6. Indemnification of the United States and lessor;
7. Payment requirements, including:
a. Interest and additional late payment penalties;
b. Acceptable form(s) of payment;
c. The dates on which all payments are due;
d. The lessee shall make payments directly to the Tribe; and
e. Unless otherwise provided in the lease, payments may not be made or accepted more than one (1) year in advance of the due date;
8. Default provisions;
9. Due diligence, insurance and bonding requirements as provided in this section;
10. Consent to tribal jurisdiction, including, to the extent applicable, Tribal Court jurisdiction, regulatory oversight, taxation, employment preference requirements, business licensing requirements, and all other tribal laws, unless otherwise agreed to by the parties; and
11. Dispute resolution mechanisms.
D. The Tribe shall forward all approved leases, subleases, assignments, amendments, leasehold mortgages, renewals, modifications and terminations to the Superintendent of the Central California Agency, Bureau of Indian Affairs, for filing and recordation with the LTRO.
E. The Tribe is responsible for maintaining all records of all leases and for disseminating recorded lease documents to the Tribal Vice-Chairperson, the Department of Administration, the Finance Department, and such other departments required by the Tribal Council.
F. For a lease that provides for rental payment directly to the Tribe, the Tribe shall provide documentation of the lease payments to the BIA that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under Article VII of this chapter.
G. If the leased premises are within an Indian irrigation project or drainage district, a lease must also contain the following provision:
If the leased premises are within an Indian irrigation project or drainage district, except as provided by 25 C.F.R. Part 271, the Lessee must pay all operation and maintenance charges that accrue during the Lease term. The Lessee must pay these amounts to the appropriate office in charge of the irrigation project or drainage district.
(Res. 2020-30)