§ 162.338. What documents are required for BIA approval of a residential lease?
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/us/cfr/t25/s§ 162.338·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A lessee or the Indian landowners must submit the following documents to us to obtain BIA approval of a residential lease:
(a)A lease executed by the Indian landowners and the lessee that meets the requirements of this part;
(b)For tribal land, a tribal authorization for the lease and, if applicable, meeting the requirements of §§ 162.320(a), 162.326(b), and 162.328(a), or a separate signed certification meeting the requirements of §§ 162.320(a), 162.326(b), and 162.328(a);
(c)A valuation, if required under § 162.320 or § 162.321;
(d)A statement from the appropriate tribal authority that the proposed use is in conformance with applicable tribal law, if required by the tribe;
(e)Reports, surveys, and site assessments as needed to facilitate compliance with applicable Federal and tribal environmental and land use requirements, including any documentation prepared under § 162.027(b);
(f)A preliminary site plan identifying the proposed location of residential development, roads, and utilities, if applicable, unless the lease is for housing for public purposes;
(g)A legal description of the land under § 162.317;
(h)If the lease is being approved under 25 U.S.C. 415, information to assist us in our evaluation of the factors in 25 U.S.C. 415(a); and
(i)If the lessee is a corporation, limited liability company, partnership, joint venture, or other legal entity, except a tribal entity, information such as organizational documents, certificates, filing records, and resolutions, that demonstrates that:
(1)The representative has authority to execute a lease;
(2)The lease will be enforceable against the lessee; and
(3)The legal entity is in good standing and authorized to conduct business in the jurisdiction where the land is located.
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§ 162.338
What documents are required for BIA approval of a residential lease?
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