Current through October 31, 2024
Section 162.454 - What are the consent requirements for a sublease of a business lease?(a) Unless the lease provides otherwise, the lessee must notify all Indian landowners of the proposed sublease.(b) The Indian landowners must consent to a sublease of a business lease in the same percentages and manner as a new business lease under § 162.012 , unless the lease: (1) Provides that individual Indian landowners are deemed to have consented where they do not object in writing to the sublease within a specified period of time following the landowners' receipt of the sublease and the lease meets the requirements of paragraph (c) of this section;(2) Authorizes one or more representatives to consent to a sublease on behalf of all Indian landowners; or(3) Designates us as the Indian landowners' representative for the purposes of consenting to a sublease.(c) If the lease provides for deemed consent under paragraph (b)(1) of this section, it must require the parties to submit to us:(1) A copy of the executed sublease or other documentation of any Indian landowners' actual consent;(2) Proof of mailing of the sublease to any Indian landowners who are deemed to have consented; and(3) Any other pertinent information for us to review.