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 D—Business Leases

25 C.F.R. § 162.441

How will BIA decide whether to approve a business lease?

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(a) We will approve a business lease unless:

(1) The required consents have not been obtained from the parties to the lease;

(2) The requirements of this subpart have not been met; or

(3) We find a compelling reason to withhold our approval in order to protect the best interests of the Indian landowners.

(b) We will defer, to the maximum extent possible, to the Indian landowners' determination that the lease is in their best interest.

(c) We may not unreasonably withhold approval of a lease.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Warehouse Mkt. v. State Ex Rel. Oklahoma Tax Comm., 2021 OK 6 (Okla. 2021).
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Warehouse Mkt. v. State Ex Rel. Oklahoma Tax Comm., 2021 OK 6 (Okla. 2021). · cites it 3× “25 C.F.R. §162.441 provides: § 162.441 How will BIA decide whether to approve a business lease? (a) We will approve a business lease unless: (1) The required consents have not been obtained from the parties to the lease; (2) The requirements of this subpart have not been met; or…”
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