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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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WSR Lease Effectiveness, Compliance, and Enforcement |
§ 162.596 - What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
Latest version.
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§ 162.596 What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
If a lessee remains in possession after the expiration, termination, or cancellation of a WSR lease, we may treat the unauthorized possession as a trespass under applicable law in consultation with the Indian landowners. Unless the Indian landowners of the applicable percentage of interests under § 162.012 have notified us in writing that they are engaged in good faith negotiations with the holdover lessee to obtain a new lease, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action.