25 C.F.R. § 162.241

Will administrative fees be charged for actions relating to agricultural leases?

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(a) We will charge an administrative fee each time we approve an agricultural lease, amendment, assignment, sublease, mortgage, or related document. These fees will be paid by the tenant, assignee, or subtenant, to cover our costs in preparing or processing the documents and administering the lease.

(b) Except as provided in paragraph (c) of this section, we will charge administrative fees based on the rent payable under the lease. The fee will be 3% of the annual rent payable, including any percentage-based rent that can be reasonably estimated.

(c) The minimum administrative fee is $10.00 and the maximum administrative fee is $500.00, and any administrative fees that have been paid will be non-refundable. However, we may waive all or part of these administrative fees, in our discretion.

(d) If all or part of the expenses of the work are paid from tribal funds, the tribe may establish an additional or alternate schedule of fees.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016).

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Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016). “Relevant here, Parts 162 and 166 impose upon the government a duty to administer and approve subleases, 25 C.F.R. §§ 162.241 -.246, 166.229, and to consider “the best interest of the Indian owners” before permitting an assignment or sublease, 25 C.”

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