C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER H—LAND AND WATER › PART 162—LEASES AND PERMITS › Subpart A—General Provisions

25 C.F.R. § 162.008

Does this part apply to lease documents I submitted for approval before January 4, 2013?

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This part applies to all lease documents, except as provided in § 162.006. If you submitted your lease document to us for approval before January 4, 2013, the qualifications in paragraphs (a) and (b) of this section also apply.

(a) If we approved your lease document before January 4, 2013, this part applies to that lease document; however, if the provisions of the lease document conflict with this part, the provisions of the lease govern.

(b) If you submitted a lease document but we did not approve it before January 4, 2013, then:

(1) We will review the lease document under the regulations in effect at the time of your submission; and

(2) Once we approve the lease document, this part applies to that lease document; however, if the provisions of the lease document conflict with this part, the provisions of the lease document govern.

Notes of Decisions
Cited in 3 cases, 2014–2015 · leading case: Seminole Tribe of Florida v. Marshall Stranburg
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Seminole Tribe of Florida v. Marshall Stranburg (2015) ca11 “” 25 C.F.R. § 162.008 (a). Because the Secretary approved the Ark Entities’ leases prior to January 4, 2013, Stranburg contends that the lease provisions should prevail.”
Seminole Tribe v. Florida (2014) flsd “” As the Seminole Tribe points out, Stranburg’s argument is flawed for several reasons. First, the lease agreements do not specifically refer to Florida’s Rental Tax.”
Seminole Tribe of Florida v. Marshall Stranburg (2015) ca11 “” 25 C.F.R. § 162.008 (a). Because the Secretary approved the Ark Entities’ leases prior to January 4, 2013, Stranburg contends that the lease provisions should prevail.”
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