Code of Federal Regulations · Section
§ 162.322 — How Will Bia Determine Fair Market Rental For A Residential Lease?
25 C.F.R. § 162.322
(a) We will use a market analysis, appraisal, or other appropriate valuation method to determine the fair market rental for residential leases of individually owned Indian land. We will also do this, at the request of the tribe, for tribal land.
(b) We will either:
(1) Prepare, or have prepared, a market analysis, appraisal, or other appropriate valuation method; or
(2) Use an approved market analysis, appraisal, or other appropriate valuation method from the Indian landowners or lessee.
(c) We will use or approve a market analysis, appraisal, or other appropriate valuation method for use only if it:
(1) Has been prepared in accordance with USPAP or a valuation method developed by the Secretary under 25 U.S.C. 2214; and
(2) Complies with Department policies regarding appraisals, including third-party appraisals.
Authorizing Statute
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Duties of Commissioner25 U.S.C. § 2
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Lease of inherited allotments by superintendent25 U.S.C. § 380
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Establishing fair market value25 U.S.C. § 2214