A. No lease shall be approved for less than the present fair annual lease value as set forth in the appraisal, unless the Tribe determines such action is in the best interest of the Tribe.

B. A lease may be structured at a flat lease rate.

C. A lease may be structured at a flat lease rate plus a percentage of gross receipts.

D. A lease may be structured based on a percentage of gross receipts, or based on a market indicator.

E. The lease may provide for periodic review and such review may give consideration to the economic conditions, exclusive of improvement or development required by the contract or the contribution value of such improvements.

F. Leases may be structured to allow for lease rate adjustments. The lease shall specify how adjustments will be made, who will make such adjustments, when adjustments will go into effect, and how disputes shall be resolved.

G. Leases may be amended to allow for lease rate adjustments.

H. The Tribe shall keep written records of the basis used in determining the fair annual lease value, as well as the basis for adjustments. These records shall be presented to the lessee for its review and acceptance or nonacceptance and included in any lease file. (Res. 2020-30)