INDIAN LAND LEASE AGREEMENT

Pursuant to 25 C.F.R. Part 162

Lease Number: [________________________________] (BIA Use)

Tract Number: [________________________________]

PARTIES

LESSOR(S):

☐ Tribal Lessor:
[________________________________] Tribe/Nation
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ Individual Indian Landowner(s):

(Hereinafter referred to as "Lessor")

LESSEE:

[________________________________]

☐ Individual ☐ Corporation ☐ LLC ☐ Partnership ☐ Tribal Entity ☐ Other: [________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

(Hereinafter referred to as "Lessee")

RECITALS

WHEREAS, Lessor is the owner(s) of certain Indian trust land located within the exterior boundaries of the [________________________________] Reservation, as more particularly described below;

WHEREAS, Lessee desires to lease said land from Lessor for the purposes set forth herein;

WHEREAS, this lease is subject to approval by the Bureau of Indian Affairs (BIA) pursuant to 25 C.F.R. Part 162;

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE I: PREMISES

1.1 Legal Description

The land subject to this Lease ("Premises") is described as follows:

Reservation: [________________________________]

County: [________________________________]

State: [________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Total Acreage: [________________________________] acres

Tract Number(s): [________________________________]

1.2 Land Status

☐ Tribal trust land
☐ Individual Indian allotted land
☐ Restricted fee land

1.3 Survey

☐ Survey attached as Exhibit A
☐ Survey to be provided before lease commencement

ARTICLE II: TYPE OF LEASE

2.1 Lease Category (25 C.F.R. Part 162)

☐ Agricultural Lease (Subpart B)
☐ Farming
☐ Grazing
☐ Other agricultural use: [________________________________]

☐ Residential Lease (Subpart C)
☐ Single-family residence
☐ Multi-family housing
☐ Public housing

☐ Business Lease (Subpart D)
☐ Commercial
☐ Industrial
☐ Religious
☐ Educational
☐ Recreational
☐ Other: [________________________________]

☐ Wind and Solar Resource Lease (Subpart E)

2.2 Permitted Use

Lessee shall use the Premises solely for the following purpose(s):

[________________________________]
[________________________________]
[________________________________]

Any change in use requires prior written approval from Lessor and the BIA.

ARTICLE III: TERM

3.1 Lease Term

Commencement Date: [__/__/____]

Expiration Date: [__/__/____]

Initial Term: [____] years

3.2 Maximum Term Limitations (25 C.F.R. § 162)

☐ Agricultural Lease: Not to exceed 25 years (10 years for tribal land without required finding)
☐ Residential Lease: Not to exceed 75 years (including renewal options)
☐ Business Lease: Not to exceed 75 years (including renewal options)
☐ WSR Lease: Not to exceed 25 years, plus up to 2 renewal options of 25 years each

3.3 Renewal Option(s)

☐ No renewal option
☐ Renewal option(s) as follows:

Number of renewal terms: [____]
Length of each renewal term: [____] years
Notice required for renewal: [____] days before expiration
Rent for renewal term: ☐ Same as initial ☐ Fair market value ☐ Negotiated

ARTICLE IV: RENT AND COMPENSATION

4.1 Annual Rent

Lessee agrees to pay Lessor annual rent as follows:

Base Annual Rent: $[________________________________]

Payment Schedule:
☐ Annual payment due on: [________________________________]
☐ Semi-annual payments due on: [________________________________]
☐ Quarterly payments due on: [________________________________]
☐ Monthly payments due on: [________________________________]

4.2 Payment Method

Payments shall be made to:

☐ Lessor directly at: [________________________________]
☐ BIA Office at: [________________________________]
☐ Office of the Special Trustee (OST) / BTFA at: [________________________________]

4.3 Rent Adjustments

☐ Fixed rent for entire lease term
☐ Rent adjusted every [____] years based on:
☐ Consumer Price Index (CPI)
☐ Reappraisal to fair market value
☐ Other: [________________________________]

4.4 Fair Market Rental Valuation

☐ Appraisal conducted by: [________________________________]
☐ Appraisal date: [__/__/____]
☐ Appraised fair market rent: $[________________________________] per year

☐ Lessor waives right to fair market rental (tribal land only - documented consent required)

4.5 Additional Compensation

☐ Bonus payment at execution: $[________________________________]
☐ Percentage of gross revenue: [____]%
☐ Other: [________________________________]

4.6 Late Payment

Rent not received within [____] days of due date shall bear interest at the rate of [____]% per annum or the applicable federal rate, whichever is greater.

ARTICLE V: BOND AND INSURANCE

5.1 Performance Bond

☐ No bond required (BIA determination)
☐ Bond required in the amount of: $[________________________________]

Bond form:
☐ Surety bond
☐ Certificate of deposit
☐ Irrevocable letter of credit
☐ Escrow account
☐ Other: [________________________________]

5.2 Insurance Requirements

Lessee shall maintain the following insurance:

☐ Liability Insurance
- Minimum coverage: $[________________________________]
- Lessor and United States named as additional insured

☐ Property Insurance
- Coverage for improvements: $[________________________________]
- Lessor and United States named as loss payees

☐ Workers' Compensation (if employees on premises)

☐ Environmental Liability (if applicable)
- Minimum coverage: $[________________________________]

Certificates of insurance shall be provided to Lessor and BIA annually.

ARTICLE VI: IMPROVEMENTS

6.1 Authorized Improvements

Lessee is authorized to construct the following improvements:

6.2 Approval Requirements

☐ Detailed plans and specifications submitted to BIA
☐ Environmental review completed (NEPA)
☐ Tribal land use authorization obtained
☐ All permits obtained

6.3 Ownership of Improvements

During lease term: Improvements owned by ☐ Lessee ☐ Lessor

Upon lease termination:
☐ Improvements remain and become property of Lessor
☐ Lessee shall remove improvements and restore premises
☐ Lessor may require removal of specified improvements

ARTICLE VII: ENVIRONMENTAL COMPLIANCE

7.1 Environmental Review

☐ Categorical Exclusion applies
☐ Environmental Assessment (EA) completed - Date: [__/__/____]
☐ Environmental Impact Statement (EIS) completed - Date: [__/__/____]
☐ Finding of No Significant Impact (FONSI) issued - Date: [__/__/____]

7.2 Environmental Obligations

Lessee shall:

☐ Comply with all applicable federal, tribal, and state environmental laws
☐ Obtain all required environmental permits
☐ Not release hazardous substances on the Premises
☐ Immediately notify Lessor and BIA of any contamination
☐ Remediate any contamination caused by Lessee's activities

7.3 Cultural Resources

If historic properties, archaeological resources, human remains, or cultural items are discovered:

☐ Lessee shall cease all ground-disturbing activities
☐ Lessee shall notify Lessor and BIA within 24 hours
☐ Work shall not resume until authorized

ARTICLE VIII: OBLIGATIONS OF LESSEE

8.1 General Obligations

Lessee agrees to:

☐ Use the Premises only for the authorized purpose
☐ Comply with all applicable laws, ordinances, and regulations
☐ Maintain the Premises in good condition
☐ Not commit waste or allow nuisance
☐ Permit inspection by Lessor and BIA
☐ Keep accurate records and allow audit
☐ Pay all taxes and assessments on Lessee's improvements
☐ Not sublease without prior written approval

8.2 Assignment and Subleasing

☐ Assignment prohibited without BIA approval
☐ Subleasing prohibited without BIA approval

Procedure for approval:
[________________________________]

ARTICLE IX: DEFAULT AND REMEDIES

9.1 Events of Default

The following constitute events of default:

☐ Failure to pay rent within [____] days of due date
☐ Failure to maintain required insurance or bond
☐ Unauthorized use of Premises
☐ Unauthorized assignment or sublease
☐ Failure to comply with applicable laws
☐ Abandonment of Premises
☐ Filing of bankruptcy
☐ Other: [________________________________]

9.2 Notice and Cure

Upon default, Lessor shall provide written notice to Lessee specifying the default. Lessee shall have:

☐ [____] days to cure monetary defaults
☐ [____] days to cure non-monetary defaults

9.3 Remedies

Upon failure to cure, Lessor and/or BIA may:

☐ Terminate the lease
☐ Take possession of the Premises
☐ Pursue damages
☐ Exercise other remedies available at law

9.4 BIA Cancellation Authority

BIA may cancel this lease for cause pursuant to 25 C.F.R. § 162.619 (Business), § 162.467 (Residential), or § 162.283 (Agricultural), after providing appropriate notice and opportunity to cure.

ARTICLE X: TERMINATION

10.1 Termination

This Lease shall terminate upon:

☐ Expiration of the lease term
☐ Mutual agreement of the parties (with BIA approval)
☐ Cancellation by BIA for cause

10.2 Surrender of Premises

Upon termination, Lessee shall:

☐ Surrender possession of the Premises
☐ Remove personal property within [____] days
☐ Remove or retain improvements as required
☐ Restore Premises as required

ARTICLE XI: GENERAL PROVISIONS

11.1 Governing Law

This Lease shall be governed by federal law, including 25 C.F.R. Part 162, and applicable tribal law.

11.2 Dispute Resolution

☐ Disputes shall first be submitted to BIA for administrative review
☐ Mediation required before litigation
☐ Tribal court jurisdiction: [________________________________]
☐ Federal court jurisdiction

11.3 United States as Necessary Party

The United States is a necessary party to any suit regarding this Lease and must be joined under 25 U.S.C. § 175.

11.4 Amendments

This Lease may be amended only in writing signed by both parties and approved by BIA.

11.5 Recording

This Lease shall be recorded in the Land Titles and Records Office (LTRO) with jurisdiction over the land.

11.6 Notices

All notices shall be in writing and delivered to:

To Lessor: [________________________________]

To Lessee: [________________________________]

To BIA: [________________________________]

ARTICLE XII: SIGNATURES

LESSOR:

☐ Tribal Lessor:

By: [________________________________]
Title: [________________________________]
Date: [__/__/____]

Tribal Resolution No.: [________________________________]
Date of Resolution: [__/__/____]

☐ Individual Indian Landowner(s):

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

(Add additional signature lines as needed for all landowners with ≥50% interest)

LESSEE:

Signature: [________________________________]
Printed Name: [________________________________]
Title (if entity): [________________________________]
Date: [__/__/____]

ARTICLE XIII: BIA APPROVAL

This Lease is subject to approval by the Bureau of Indian Affairs.

BIA APPROVAL:

This Lease is hereby approved pursuant to 25 C.F.R. Part 162.

Approved By: [________________________________]
Title: [________________________________]
Date: [__/__/____]

ATTACHMENTS

☐ Exhibit A - Survey/Plat of Premises
☐ Exhibit B - Appraisal Report
☐ Exhibit C - Environmental Review Documentation
☐ Exhibit D - Bond/Insurance Certificates
☐ Exhibit E - Tribal Resolution (for tribal land)
☐ Exhibit F - Landowner Consents (for fractionated land)
☐ Exhibit G - Improvement Plans

SOURCES AND REFERENCES

• 25 C.F.R. Part 162 - Leases and Permits
• Bureau of Indian Affairs - Real Estate Services
• 25 U.S.C. § 415 - Leasing of Tribal Lands

This lease is not effective until approved by the Bureau of Indian Affairs. Unauthorized occupation of Indian trust land may result in civil and criminal penalties.