Class Synopsis

Lease Compliance and Trespass on Federal Indian Lands

I. Contract Compliance.

The compliance conducted in the office. Payment of rentals. Reporting requirements in the lease. Problems with monitoring direct pay.

II. Physical Inspections.

Conducting the on-site inspections for compliance with the lease contract. Example: House on HUD development burnt down. Housing Authority has not cleaned up the property. Can BIA clean up property and bill housing authority?

III. Trespass

• Site inspections for trespass activity.
• Trespassers refusal to leave the premises
• Cattle trespass
• Authority of the tribal court
• Impoundment of cattle

IV. Right of Way Compliance Actions

Are the affidavits of completion filed? Is the Grantee using the right of way for another purpose. Has grantee illegally granted someone else a right to use the right of way? Change in location without your approval.

V. Underground Storage Tanks

• Who is responsible?
• Who is liable?
• Can Indian landowners be sued for noncompliance?

VI. Mortgage Leasehold Interests

• Failure to notify BIA of default.
• No Secretarial approval.

VII. Bankruptcy

• Chapter 7, Chapter 11. Jurisdiction of the court
• How does Bankruptcy affect Payment of Rent
• How does it affect other conditions to a lease
• What is the responsibility of realty staff when a lessee (tenant) files for bankruptcy?
• Should we assume the bankruptcy judge has knowledge of Federal Indian Law?
• What are the signs to look for to anticipate a tenant filing for Chapter 7 or Chapter 11?

VIII. HUD Leases

IX. Mutual Termination

When is it advantageous to mutually terminate a lease? How a mutual termination can develop into a serious liability problem for the Indian landowner.

X. Taking action.

• Includes show cause and default notices, lease cancellations or trespass action.
• Landowner doesn't want you to take action even though the lease is in default.

XI. Your responsibilities during the appeal process.

• Arbitration, Tribal Court, Exclusion Ordinances.

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