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 B—Agricultural Leases

25 C.F.R. § 162.254

When will a cancellation of an agricultural lease be effective?

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A cancellation decision involving an agricultural lease will not be effective until 30 days after the tenant receives a cancellation letter from us. The cancellation decision will remain ineffective if the tenant files an appeal under § 162.253 of this subpart and part 2 of this chapter, unless the decision is made immediately effective under part 2. While a cancellation decision is ineffective, the tenant must continue to pay rent and comply with the other terms of the lease. If an appeal is not filed in accordance with § 162.253 of this subpart and part 2 of this chapter, the cancellation decision will be effective on the 31st day after the tenant receives the cancellation letter from us.

Notes of Decisions
Cited in 3 cases, 2017–2019 · leading case: Moody v. United States, 931 F.3d 1136 (Fed. Cir. 2019).
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Moody v. United States, 931 F.3d 1136 (Fed. Cir. 2019). “Based on the allegations in the complaint, it appears that the Moodys would have had good grounds to appeal the lease terminations with the BIA. After there is a cancellation decision on an agricultural lease, the tenant has 30 days from receiving the cancellation letter to…”
Moody v. United States (Fed. Cl. 2017). · cites it 2× “25 C.F.R. § 162.254 . If the land is not vacated after the thirty day notice, the continued possession of the land constitutes a trespass and the BIA will take action to recover the land.”
Moody v. United States (Fed. Cl. 2017). · cites it 2× “25 C.F.R. § 162.254 . If the land is not vacated after the thirty day notice, the continued possession of the land constitutes a trespass and the BIA will take action to recover the land.”
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