TRIBAL ALERT!
May 6, 2004
COMMENTS TO PROPOSED BIA LEASING REGULATIONS DUE MAY 10, 2004

The National American Indian Housing Council (NAIHC), through the efforts of a special workgroup, is recommending changes to long-awaited Bureau of Indian Affairs (BIA) proposed leasing regulations to streamline leases and ease the mortgage process in order to spur Native American homeownership. NAIHC Urges Tribes to Speak Out On Regulations. New Regulations Should Attract Lenders to Indian Country. California Indian Legal Services (CILS) agrees with these comments and also recently attended a BIA tribal consultation at Pechanga. CILS reminds tribes of the proposed regulations and of the opportunity to comment.

What California Tribes Can Do: 

(1) Fax in your Tribe’s own comments – please contact your local CILS office to request assistance immediately; or (2) Fax in a statement (click here to see model) supporting NAIHC’s BIA Leasing Comments, summarized below. Written comments on the business and residential leasing regulations must be submitted no later than May 10, 2004.

NAIHC Requests Support for the Following Changes to Proposed BIA Leasing Regulations:

• Expedient processing of all lease forms, including faster turnaround of the approval of leases, leasehold mortgage applications and issuing title status reports.

• Requirement that the BIA provide a model lease or a checklist of lease requirements.

• Allow the BIA Secretary to correct lease defects that do not affect the parties' substantive rights without invalidating an approved lease.

• BIA authority should not be expanded, but consistent with authority currently granted by Congress under federal law.

• Eliminate requirement of a second environmental review by the BIA where a tribe or another federal agency has already performed an environmental review.

• Consistency with NAHASDA by recognizing tribal government authority to approve leases of both tribal lands and individually-owned trust and restricted lands.

• Consistency with the federal Indian law principal that federal laws of general applicability do not apply to tribal leases if they affect the exclusive rights of self-government in purely tribal matters.

• Requirement of a deadline of ten (10) business-day for the BIA to act on applications for lease approvals and related requests.

• Eliminate the requirement of appraisals and bonds before leases are approved. While appraisals or bonds may be required by the tribal lessor or a lender, they should not be part of the BIA lease approval process.

Comments on the proposed rule should be addressed to: Ben Burshia, Chief, Division of Real Estate Services, Office of Trust Responsibilities, Bureau of Indian Affairs, 1849 C Street NW, MS4513-MIB, Washington, DC 20240 – Comments or letters should be sent by facsimile to (202) 219-1255.

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