Section 162.338 - What documents are required for BIA approval of a residential lease?A lessee or the Indian landowners must submit the following documents to us to obtain BIA approval of a residential lease:
(a) A lease executed by the Indian landowners and the lessee that meets the requirements of this part;(b) For tribal land, a tribal authorization for the lease and, if applicable, meeting the requirements of §§ 162.320(a) , 162.326(b) , and 162.328(a) , or a separate signed certification meeting the requirements of §§ 162.320(a) , 162.326(b) , and 162.328(a) ;(c) A valuation, if required under § 162.320 or § 162.321 ;(d) A statement from the appropriate tribal authority that the proposed use is in conformance with applicable tribal law, if required by the tribe;(e) Reports, surveys, and site assessments as needed to facilitate compliance with applicable Federal and tribal environmental and land use requirements, including any documentation prepared under § 162.027(b) ;(f) A preliminary site plan identifying the proposed location of residential development, roads, and utilities, if applicable, unless the lease is for housing for public purposes;(g) A legal description of the land under § 162.317 ;(h) If the lease is being approved under 25 U.S.C. 415 , information to assist us in our evaluation of the factors in 25 U.S.C. 415(a) ; and(i) If the lessee is a corporation, limited liability company, partnership, joint venture, or other legal entity, except a tribal entity, information such as organizational documents, certificates, filing records, and resolutions, that demonstrates that: (1) The representative has authority to execute a lease;(2) The lease will be enforceable against the lessee; and(3) The legal entity is in good standing and authorized to conduct business in the jurisdiction where the land is located.