CHAPTER 34-4
TRIBAL COUNCIL LEASE MANAGEMENT AND ENFORCEMENT
34-4-1 Management.
Except where required otherwise by agreement or applicable law, the Tribal Council shall manage all Agricultural Leases pursuant to this title.
(A) Plan. Tribal Council shall institute an agricultural leasing management plan or policy that employs real estate management practices, conservation practices consistent with the ARMP that is current as of the date of the agricultural lease and follows the Natural Resources Conservation Services (NRCS) tillage and residue management practices for all farming operations, including repairing any erosion or gullies, particularly on Highly Erodible Land (HEL) soil.
(B) Fees. The Tribal Council may charge administrative fees for costs associated with issuing or recording a deed, Lease, Sublease, Assignment, Leasehold Mortgage, amendment, or other administrative transaction.
(C) Authority to Approve. Final determination of whether the Lease shall be approved or not rests with the Tribal Council. Tribal Council has the authority to delegate some or all of its authority to tribal departments on behalf of the Nation.
(D) Notice of Decision. The Executing Official or other such person designated by the Tribal Council shall provide written notice of all final Tribal Council decisions to the prospective Lessee, by personal delivery, facsimile transmission, email, or United States first class mail to the mailing address as set forth in the Lease documents. Failure to give or receive such notice shall not affect the validity of any determination, recommendation, or action.
(E) Appeals.
(1) Generally. Appeals may be filed with the Tribal Council or other official as designated in the Agricultural Leasing Procedures. Such appeals shall be initiated by a written notice setting forth the basis for the appeal, a short statement indicating the nature and circumstances of the appeal, and a short statement indicating the remedy being sought. An appeal must be filed within ten (10) business days of a final determination made pursuant to this title.
(2) Scope of Review. The Tribal Council or other official as designated in the Agricultural Leasing Procedures shall review whether the determination was arbitrary, capricious, or an abuse of discretion; not supported by substantial evidence in the record; or otherwise not in accordance with the law. The decision of the Tribal Council or aforementioned other official shall be final.
(F) Execution of Lease. If Tribal Council approval is given pursuant to this subsection, the Executing Official shall be authorized to sign and execute the Lease on behalf of the Nation.
(G) Filing with the Secretary. The Tribal Council, Tribal Land Office, or other Nation department, if delegated to the said office or department by the Tribal Council, shall ensure that a copy of all Leases, Subleases, Assignments, amendments, and renewal notices related to Leases, Leasehold Mortgages, and Terminations, with supporting documentation, shall be provided to the Secretary of the Interior, or such other office delegated authority by the Secretary, as required by 25 U.S.C. § 415(h)(6)(A) and for purpose of recording with the LTRO. The Tribal Council shall endeavor to provide such notices within thirty (30) days of the effective date of the instrument or action. Additionally, proof of Lease payment(s) made directly to the Nation shall also be provided to the Secretary.
(H) Availability of Information. Information on obtaining an Agricultural Lease shall be available from the Tribal Council, the Land Maintenance Department or such other Nation department properly delegated the responsibility by the Tribal Council.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-2 Enforcement.
The Tribal Council shall have all powers necessary and proper to enforce the Lease terms, laws, ordinances, regulations, rules, policies, and covenants, consistent with the Agricultural Leasing Procedures. This includes the power to enter the premises for reasonable cause at a reasonable time, with reasonable notice, assess late payment interest and penalties, and assess late payments.
The Secretary may, upon the request of the Nation, at his/her discretion, enter the Leased premises to enforce any Lease executed under this Chapter.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-3 Defaults.
(A) If the Tribal Council determines the Lessee is in default, the Tribal Council shall send the Lessee a notice of default within a reasonable time of the determination. Such time period for notice shall be expressly provided for either in the Agricultural Leasing Procedures or in the Lease itself. The notice of default may be provided by certified mail, return receipt requested.
(B) Within ten (10) business days of receipt of the mailing, the Lessee shall:
(1) Cure the default and notify the Tribal Council in writing that the default has been cured;
(2) Dispute the Tribal Council’s determination that the Lease is in default and explain why the Lease should not be terminated; or
(3) Request additional time to cure the default.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-4 Remedies.
(A) If the Lessee fails to cure the default within the prescribed period, the Tribal Council may:
(1) Terminate the Lease pursuant to the Lease or this title;
(2) Grant an extension of time to cure the default;
(3) Pursue other negotiated remedies, including execution on Bonds or collection of insurance proceeds;
(4) Any combination of remedies listed above; or
(5) Any other remedy set forth in the Agricultural Lease procedures.
(B) If the Tribal Council terminates an Agricultural Lease, the Tribal Council shall send the Lessee a Termination letter within a reasonable time period. The Termination letter may be sent to the Lessee by certified mail, return receipt requested. The Termination letter shall:
(1) Explain the grounds for Termination;
(2) Notify the Lessee of unpaid amounts, interest charges, or late payment penalties due under the Lease;
(3) Notify the Lessee of their right to appeal; and
(4) Order the Lessee to vacate the premises within thirty (30) business days of receipt of mailing of the Termination letter, if an appeal is not filed by that time.
(C) A Termination shall become immediately effective thirty-one (31) business days after receipt of mailing of the order to vacate. The filing of an appeal shall not change the effective date of the Termination. If the Lessee submits a request in writing to the Tribal Council and the request is received within seven (7) business days of the mailing date of the order to vacate, the Tribal Council in its discretion may grant the Lessee permission to occupy the premises beyond the Termination effective date during the pendency of an appeal. If permission is granted, the Lessee shall be required to make Lease payments during the pendency of the appeal. Pending the outcome of an appeal, the Lessee shall comply with the terms of the Lease.
(D) If the Tribal Council decides to grant an extension of time to cure a default, the Lessee shall proceed diligently to perform and complete the corrective actions within a reasonable time period.
(E) At the Nation’s request, the BIA may, upon reasonable notice from the Nation and at the BIA’s discretion, enforce the provisions of, or cancel, a Lease document.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-5 Penalties.
The Lease shall specify the rate of interest to be charged if the Lessee fails to make payments in a timely manner. The Lease shall identify additional late payment penalties. Unless the Lease provides otherwise, interest charges and late payment penalties are not subject to notice and shall apply automatically, and the failure to pay such amount shall be treated as a Violation of the Lease.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-6 Harmful or Threatening Activities.
If a Lessee or other party causes or threatens to cause immediate and significant harm to the premises under the Lease, or undertakes illegal activity thereon, the Tribal Council may take appropriate emergency action.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-7 Holdover.
If a Lessee remains in possession after the expiration or Termination of a Lease, the Tribal Council shall treat such occupation as a trespass. The Tribal Council shall take action to recover possession and pursue additional remedies. Filing shall be pursuant to tribal laws or, alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2023-223, August 10, 2023)
34-4-8 Trespass.
If a person occupies the premises without the Tribal Council’s approval, the Tribal Council may pursue appropriate remedies, including the filing of a trespass action to regain possession under tribal law. Alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2023-223, August 10, 2023)