Code of Federal Regulations · Section
§ 162.596 — What Will Bia Do If A Lessee Remains In Possession After A Wsr Lease Expires Or Is Terminated Or Cancelled?
25 C.F.R. § 162.596
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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.
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