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Information on obtaining a business site lease shall be available from the department.

(1) All applicants for a business site lease shall submit the following documents to the department:

(a) Financial statement;

(b) Site survey and legal description, if applicable;

(c) Tribal environmental review, where required; and

(d) Other documents as may be required by the department and pursuant to the department’s business site leasing management plan or policy.

(2) All business site leases shall contain, at a minimum, the following provisions:

(a) The tract, location, or parcel of the land being leased;

(b) The purpose of the lease and authorized uses of the leased premises;

(c) The parties to the lease;

(d) Effective date of lease;

(e) The term of the lease;

(f) The dates upon which all payments are due;

(g) Specification that the lessee shall make payments directly to the department;

(h) Identification of the responsible party for constructing, owning, operating, and maintaining, managing, and removing any permanent improvements to the leased premises, if applicable;

(i) Indemnification of the United States and lessor;

(j) Payment requirements, including rent, fees for late payments, interest and/or other penalties – the form of which must be acceptable to the tribe and be made by cash, money order, personal check, certified check or cashier’s check;

(k) Due diligence, insurance, and bonding requirements as provided in this section;

(l) If the leased premises are within an Indian irrigation project or drainage district, the lease must state the following: “If the leased premises are within an Indian irrigation project or drainage district, except as provided by 25 C.F.R. 171, the lessee must pay all operation and maintenance charges that accrue during the lease term. The lessee must pay these amounts to the appropriate office in charge of the irrigation project or drainage district”; and

(m) A process for restoring property (restoration and/or reclamation) at the end of a lease (which may include removal of improvements).

(3) The department shall submit all business site leases and accompanying documents to the business council for its approval or disapproval. If the lease is approved by the business council, the business council shall, by resolution, authorize the executing official to execute the approved business site lease(s) on behalf of the tribe.

(4) The department shall record business site leases, subleases, assignments, amendments, mortgages, renewals, and cancellations with:

(a) The LTRO having jurisdiction over the tribe’s tribal trust land.

(b) The department is responsible for maintaining all records of all business site leases and for disseminating recorded lease documents to the business council secretary, and, if required by the business council, to the housing department.

(c) The department shall send a copy of these leases and all amendments and renewals, for information purposes only, to the Superintendent of Bureau of Indian Affairs office having jurisdiction over the tribe’s leasing activities.

(d) The department shall send a copy of the ordinance codified in this chapter and any lease that allows for lease payments directly to the tribe to the Superintendent of the Bureau of Indian Affairs office having jurisdiction over the tribe’s leasing activities.

(5) Records of activities taken pursuant to this chapter are the property of the department and the tribe. Records compiled, developed, or received by the Secretary are the property of the United States.

(6) Unless the business site lease states otherwise, a lease may include, consistent with tribal law, a provision to give Indian preference in hiring for employment purposes.

(7) Leases approved under this chapter are subject to tribal law, including but not limited to the tribe’s uniform building code, zoning ordinance, and water and sewer ordinance. [Ord. 05-31-2018-B § 2(22.03.030), 2018.]