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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter H - Land and Water |
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Part 162 - Leases and Permits |
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Subpart E - Wind and Solar Resource Leases |
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WEEL Bonding and Insurance |
§ 162.527 - Must a lessee provide insurance for a WEEL?
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§ 162.527 Must a lessee provide insurance for a WEEL?
Except as provided in paragraph (d) of this section, a lessee must provide insurance necessary to protect the interests of Indian landowners and in the amount sufficient to protect all insurable permanent improvements on the leased premises.
(a) The insurance may include property, crop, liability, and casualty insurance, depending on the Indian landowners' interests to be protected.
(b) Both the Indian landowners and the United States must be identified as additional insured parties.
(c) Lease insurance may be increased and extended for use as the required WSR lease insurance.
(d) We may waive the requirement for insurance upon the request of the Indian landowner, if a waiver is in the best interest of the Indian landowner, including if the lease is for less than fair market rental or nominal compensation. For tribal land, we will defer, to the maximum extent possible, to the tribe's determination that a waiver is in its best interest.