General Leasing on Federal Indian Lands

Who Should Attend? All persons involved in leasing at all levels. Realty Technicians, Realty Specialists, Realty Officers must understand the basics in leasing to provide the required service to the landowners. Superintendents, Deputy Superintendents, Tribal Council members should all have a basic understanding of leasing and lease compliance to make necessary decisions in granting or approving the lease and not only protecting the interest of the landowner but providing a source of economic development.

The General Leasing course will cover contracts, leasing in general, and Federal Indian Leasing Statutes. The new leasing regulations offer some unique opportunities not in the former regulations. The course will also cover the impact of the Indian Land Consolidation Act on Leasing. The course will include a discussion on the tribes authority to lease for up to 25 years without BIA approval. The students will be involved in group exercises resolving case studies. Upon completing this course the student should have a basic understanding of leasing practices.

I. Contracts
a. Definition
b. Elements of a Contract

  • c Types of Contracts
d. Interpretation of Contracts
        II. Leases
        a. History of Leasing
        b. Definition of Lease
        c. Preliminary negotiations
        d. Parties to a lease
        e. Types of Tenancies
        f. Nature and Duration of a Lease
        g. Transfer of Interest
        1. Landlord
        2. Tenant
        h. Landlords Rights
        i. Tenants Rights
        j. Liability
        1. Hazardous Waste
        k. Real Property vs. Personal Property
        l. Term of Years Estate
        m. Rent
        n. Airspace
        • Management Agreements vs. Leases
        • Assignments, Subletting and Mortgaging
        q. Destruction of Leased Property
        r. Condemnation of the Leased property
        s. Default of the Lease
        t. Holdover
        u. Modification of Lease
        v. Recording of Lease

        III. Statute and Regulations

        • a. General Provisions
        • Impact of ILCA Amendments on Leasing Regulations
        • Approval of Lease vs. Grant of Lease
        • When can a majority Grant a Lease and bind the minority.
        • Agricultural Lease
        • Grants of Leases
        • Lease Administration
        • Unitized Leases
        • Lease Enforcement
        • Negotiation of Leases
        • Advertisement
        • Duration of Leases
        • Ownership of Improvements
        • Unitization for Leasing
        • Conservation and Land Use Requirements
        • Sublease and Assignment
        • Mortgages of Leasehold Interest – Don’t Overmortgage.
        • Payment of Fees and Drainage and Irrigation Charges
        • Violation of the Lease
        • Grazing Units Excepted
        • Advantages of Tribal utilization of Section 17 Corporations for business ventures.
        • Administrative Fees. The Tribe’s option to set the fee and utilize it in their realty program.