25 C.F.R. § 900.70

What elements are included in the compensation for a lease entered into between the Secretary and an Indian tribe or tribal organization for a building owned or leased by the Indian tribe or tribal organization that is used for administration or delivery of services under the Act?

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To the extent that no element is duplicative, the following elements may be included in the lease compensation:

(a) Rent (sublease);

(b) Depreciation and use allowance based on the useful life of the facility based on acquisition costs not financed with Federal funds;

(d) Principal and interest paid or accrued;

(e) Operation and maintenance expenses, to the extent not otherwise included in rent or use allowances, including, but not limited to, the following:

(1) Water, sewage;

(2) Utilities;

(3) Fuel;

(4) Insurance;

(5) Building management supervision and custodial services;

(6) Custodial and maintenance supplies;

(7) Pest control;

(8) Site maintenance (including snow and mud removal);

(9) Trash and waste removal and disposal;

(10) Fire protection/fire fighting services and equipment;

(11) Monitoring and preventive maintenance of building structures and systems, including but not limited to:

(i) Heating/ventilation/air conditioning;

(ii) Plumbing;

(iii) Electrical;

(iv) Elevators;

(v) Boilers;

(vi) Fire safety system;

(vii) Security system; and

(viii) Roof, foundation, walls, floors.

(12) Unscheduled maintenance;

(13) Scheduled maintenance (including replacement of floor coverings, lighting fixtures, repainting);

(14) Security services;

(15) Management fees; and

(16) Other reasonable and necessary operation or maintenance costs justified by the contractor;

(f) Repairs to buildings and equipment;

(g) Alterations needed to meet contract requirements;

(h) Other reasonable expenses; and

(i) The fair market rental for buildings or portions of buildings and land, exclusive of the Federal share of building construction or acquisition costs, or the fair market rental for buildings constructed with Federal funds exclusive of fee or profit, and for land.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2014–2025 · leading case: Maniilaq Ass'n v. Burwell, 170 F. Supp. 3d 243 (D.D.C. 2016).

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Maniilaq Ass'n v. Burwell, 170 F. Supp. 3d 243 (D.D.C. 2016). · cites it 3× “A “lease may be based” on the building’s fair market rental, on the other elements in 25 C.F.R. § 900.70 , or on some combination of the two.”

Cook Inlet Tribal Council v. Mandregan, 348 F. Supp. 3d 1 (D.C. Cir. 2018). “73 (referring to 25 C.F.R. § 900.70 and 25 U.S.C. § 5325 (a)(1) ); see also Maniilaq Ass'n , 170 F.”

Red Lake Band of Chippewa Indians v. United States Dep't of Health & Human Servs. (D.D.C. 2024). · cites it 15× “This case turns on whether the Tribe’s proposed compensation for its principal and interest payments and for depreciation are duplicative, which would violate 25 C.F.R. § 900.70 . The Court concludes that to the extent depreciation is based on the portion of the facility’s…”

Red Lake Band of Chippewa Indians v. HHS (D.C. Cir. 2025). · cites it 6× “The Government cited 25 C.F.R. § 900.70 , which interprets the relevant statute to prohibit duplicative compensation.”

Jamestown S'klallam Tribe v. Azar (D.D.C. 2020). · cites it 2× “” 25 C.F.R. § 900.70 ; see also id. § 900.74.”

Maniilaq Ass'n v. Sebelius (D.D.C. 2014). · cites it 2× “E at 4; see -4- 25 C.F.R. § 900.70 (b) and (e).2 The lease would be incorporated into Maniilaq’s 2013 FA, and would be renewable at the option of either party.”

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