C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart H—Lease of Tribally-Owned Buildings by the Secretary

25 C.F.R. § 900.74

How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities?

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There are three options available:

(a) The lease may be based on fair market rental.

(b) The lease may be based on a combination of fair market rental and paragraphs (a) through (h) of § 900.70, provided that no element of expense is duplicated in fair market rental.

(c) The lease may be based on paragraphs (a) through (h) of § 900.70 only.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2025 · 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× “25 C.F.R. § 900.74 . Manii-laq chose option two for its Kivalina clinic lease, submitting a list of the allowable cost elements with a corresponding funding request for each.”
Red Lake Band of Chippewa Indians v. HHS (D.C. Cir. 2025). · cites it 2× “” 25 C.F.R. § 900.74 (emphasis added). B Several hundred years ago, the Ojibwe and the Dakota fought for an area around Red Lake in Northwest Minnesota.”
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