§ 48.118. What will the Bureau do if a lessee does not cure a lease violation on time?
343 words·~2 min read·
/us/cfr/t25/s§ 48.118·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If the lessee does not cure a violation of a lease within the required time period, or provide adequate proof of payment as required in the notice of violation, the Bureau will take one or more of the following actions:
(1)Cancel the lease;
(2)Invoke other remedies available under the lease or applicable law, including collection on any available performance bond or, for failure to pay compensation, referral of the debt to the Department of the Treasury for collection; or
(3)Grant the lessee additional time in which to cure the violation.
(b)The Bureau may take action to recover unpaid compensation and any associated late payment charges under § 48.113, and does not have to cancel the lease or give any further notice to the lessee before taking action to recover unpaid compensation. The Bureau may still take action to recover any unpaid compensation if it cancels the lease.
(c)If the Bureau decides to cancel the lease, it will send the lessee and any surety and mortgagee a cancellation letter by certified mail, return receipt requested, within 5 business days of its decision. The cancellation letter will:
(1)Explain the grounds for cancellation;
(2)If applicable, notify the lessee of the amount of any unpaid compensation or late payment charges due under the lease;
(3)Notify the lessee of the lessee's right to appeal to the Director if the decision is made by the Director's designee, or to the Interior Board of Indian Appeals if the decision is made by the Director, including the possibility that the official to whom the appeal is made may require the lessee to post an appeal bond;
(4)Order the lessee to vacate the property within 31 days of the date of receipt of the cancellation letter, if an appeal is not filed by that time; and
(5)Order the lessee to take any other action the Bureau deems necessary to protect the facility.
(d)The Bureau may invoke any other remedies available under the lease, including collecting on any available performance bond.