Class Synopsis

Lease Negotiation

Why do leases fail?

Why are leases not approved?

Why does it take so long for a lease to be approved?

Why are the leases that come to our office so deficient?

We will discuss these questions and what the parties involved can do to avoid the problems with the negotiation/review/approval process.  All parties must be on board or we will invite failure.  All parties want a lease to be successful so we will discuss what each party brings to the table.

Course Objective:  Participants will learn some basic principles in the negotiation/review/approval process.  They will get a basic understanding of the lease and each of its conditions and what the language in the lease means.  Is the article or paragraph in the lease to our advantage or is it detrimental to us.  The same principles used to negotiate a lease will also be used to negotiate a right of way. 

Course Description:  The students will receive a manual that will include clauses utilized in lease contracts on Federal Indian Land.  The lease will be broken down paragraph by paragraph, what each paragraph does for us, the advantage and disadvantage of certain parts of the lease.  The class will consist of lab work in preparing the negotiation/review/approval process for the lease.  You will learn when to win and to be prepared to give certain things up in the negotiations.

The Role of each party in the negotiation/review/approval process.  The realty branch has a role usually in working with the landowner, the landowner and their representative have a role in the negotiation, and tribal government has a role that includes the governmental function that in some cases is of utmost importance in the negotiations. 

The first meeting:  What you should do in the first meeting

The negotiations:  What we need to do in preparation for the negotiation sessions. (Landowner, Realty, Superintendent)

Let me tell you how it is done in the real world:   How to respond to this statement.

The class will work in small groups and draft the key deal points to a lease.  Certain events will change the proposal during the negotiation process.   The lab exercises will consist of commercial leases but the same rules apply to any other type of lease, i.e. developmental agricultural lease and negotiating rights of way.

Who should attend this class? 

Superintendents and other Line officers involved in the approval process.

Realty staff working in the review of rights of way and leases.

Landowners and representatives involved in the negotiation process.

 These classes apply towards the certification programs.

Certificate in Indian Leasing (CIL)  Requires the completion of 6 leasing classes.

Indian Land Associate – Level 1 (ILA1)

Indian Land Associate – Level 2 (ILA2)

Indian Land Professional (ILP)

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