25 C.F.R. Subpart M—Life Estate Leases
Title 25 - Indians
Authority: Sec. 30(b), Pub. L. 96–305, 94 Stat. 929 (25 U.S.C. 640d).
Source: 46 FR 27921, May 22, 1981; 47 FR 15774, Apr. 13, 1982, unless otherwise noted.
The following standards and procedures shall govern the application for life estate leases: (a) Filing of application. Applications for life estate leases shall be filed at the Commission's office in Flagstaff, AZ, not later than July 1, 1981, unless extended for good cause. Application should be made on an approved Commission form known as “Application for Life Estate Lease” and should contain the following information: (1) Name, address, birthdate, social security number, census number, spouse, and date of marriage, if married. The head of household who applies for a life estate lease shall be known as the “applicant”. (2) Applicant's Quad Map location in the Former Joint Use Area. (3) Information listing any other places of Applicant's residence since December 22, 1974. (4) Name, birthdate, census number, and social security number, if any, of the applicant's minor dependent children. (5) A statement by the applicant setting forth the nature of the applicant's disability, if any. (6) Applications should be accompanied, wherever possible, with documentation such as Birth Certificates, Baptismal Records, Tribal Records, Family Census Cards, Marriage Certificates, Tax Returns, and such other documentation required by the Commission. (b) Extensions of time for filing of applications for life estate leases. Extensions of time for filing of applications for life estate leases shall be governed by the following procedures: (1) The Commission shall, on a case-by-case basis, determine whether good cause exists to warrent a time extension for the receipt of applications. (2) Initial Commission determinations concerning the time extension for receipt of applications shall be made by the Certification Officer. Any extensions granted shall be in writing and shall state the length of the extensions and the reasons therefore. (3) In no event shall an extension be granted for more than eighty-nine (89) days after July 1, 1981. (4) In the event an extension of time is denied or an application is refused for filing, the Certification Officer shall state the reasons therefore and such determination shall be communicated to the applicant by certified letter or in person by Commission staff. (5) All persons aggrieved by initial Commission determination may have a hearing to present evidence and argument concerning the determination. Such hearings shall be requested and governed by the Commission's Hearings and Administrative Review Procedures contained in §700.8 of the Commission's Operations and Relocation Procedures. (6) For purpose of this subsection, “good cause” shall be defined as follows: (i) Lack of actual notice. (ii) Lack of transportation or physical incapacity preventing timely filing. (iii) Acts of God. (iv) Such other facts or reasons deemed sufficient in the discretion of the Commission. The Commission shall determine disability pursuant to the following: (a) An applicant shall be considered to be disabled if he/she is unable to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months. A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. (b) Each applicant who claims entitlement to a life estate lease by virture of a disability shall be examined by a physician selected by the Commission or one selected by the applicant and approved by the Commission. The reasonable costs of such examinations shall be paid by the Commission. The examining physician shall submit a report of his/her examination to the rating physician who shall be a physician selected by the Commission. The rating physician shall submit to the Commission a report stating his/her opinion as to whether or not the applicant is a least 50% (fifty percent) disabled and if so, the percent of disability. In addition, the rating physician shall state in his/her report the conditions or conditions of the applicant upon which the rating is based. (c) In performing examinations and in making ratings, the physician shall follow the procedures and adopt the standards set forth in subpart I—Determination of Disability or Blindness, of the Social Security Administration, contained in title 20, Code of Federal Regulations, §§416.901 through 416.985, including the appendices, etc., to the extent that such procedures and standards are appropriate to this examination and rating. (d) In making its determination as to the disability and the percentage thereof of an applicant who claims disability, the Commission shall consider the report of the rating physician and such other matters as the Commission deems relevant. Upon receipt of applications filed pursuant to this section, the Commission shall group and award life estate leases in the following manner: (a) Applicants who are determined to be at least 50% (fifty percent) disabled as certified by a physician approved by the Commission. Such applicants shall be ranked in the order of the severity of their disability. (b) Applicants who are not at least 50% (fifty percent) disabled shall be ranked in order of their age with the oldest listed first and the youngest listed last; provided that, if any applicant physically resides in Quarter Quad Numbers 78 NW, 77NE, 55SW, or 54 SE, as designated on the Quarter Quad Maps of the Former Joint Use Area prepared by the Bureau of Indian Affairs Field Administrative Office, such applicant shall be given priority over another applicant of equal age. (c) Applicants who did not, as of December 22, 1974, and continuously thereafter, maintain a separate place of abode and actually remain domiciled on Hopi Partitioned Lands, and who, but for this subsection would be required to relocate, shall be rejected by the Commission. (d) Applicants who were not at least forty-nine (49) years of age on December 22, 1974, or are not at least 50% (fifty percent) disabled shall also be rejected by the Commission. (e) The Commission shall award life estate leases to not more than one hundred and twenty (120) Navajo applicants with first priority being given to applicants listed pursuant to §700.335(a) and the next priority being given to applicants listed pursuant to §700.335(b), in order of such listing. (f) The Commission shall award life estate leases to not more than ten (10) Hopi applicants with first priority being given to applicants listed pursuant to §700.335(a) and the next priority being given to applicants listed pursuant to §700.335(b) in order of such listing except that the portion of §700.335(b) concerning residency in Quarter Quad Numbers 78 NW, 77NE, 77NW, 55 SW, 54SE, etc., shall not apply to Hopi applicants. (a) Prior to the issuance of a life estate lease, the Commission shall, after consultation with the Tribe upon whose land the life estate lease will be located, establish the actual configuration, shape and boundaries of the land area of the life estate lease. The present residence of the life tenant shall be within the boundaries of the life estate lease and the area of the life estate lease shall not exceed ninety (90) acres. (b) The following factors will be considered in establishing the configuration, shape, and boundaries of a life estate lease: (1) The location of the present residence of the applicant and the traditional land use area associated with such residence. (2) The topography and soil conditions of the land in the immediate vicinity of the applicant's present residence. (3) The location of the nearest source of water. (4) The proximity of roads. (5) Such other factors may be necessary or appropriate. (a) No person may reside on a life estate lease other than the life tenant, his or her spouse, and minor dependents and such persons who are necessarily present, as determined by the Commission, to provide for the care of the life tenant. (b) In determining who is necessarily present for the care of the life tenant, the Commission shall consider the following criteria: (1) The age of the life tenant. (2) The nature and extent of the life tenant's disability, if any. (3) The location of the life estate lease, including but not limited to, the following factors: (i) Topography, (ii) Proximity to water, (iii) Proximity to fuel, (iv) Proximity to shopping and medical services, and (v) Any other factors deemed relevant to the Commission. (4) The nature and extent of care to be provided to a disabled life tenant. (5) Any other factors deemed relevant by the Commission. (c) In the event it becomes necessary to change the identity of the person(s) or number of persons identified as necessarily present for the care of the life tenant, the life tenant shall make such request for change to the Commission. The Commission, upon review of the request, may grant an amended life estate lease to reflect the requested change. (a) Family members and other persons may enter upon the life estate lease premises for the purpose of visiting the life estate lease residents so long as such visit does not exceed thirty (30) consecutive days in any one visit or ninety (90) days total of all visits within any lease year, except that grandchildren and their descendants who are not minor dependents of the life tenant and who have not attained the age of 18 (eighteen) years may visit for ninety (90) consecutive days in any lease year, the first of which shall commence on the date of issuance of the life estate lease. There shall be no limitation on visits which do not extend overnight. (b) Visitors and residents shall use the existing road systems and access rights of way when traveling to and from life estate lease premises. The Commission shall execute a life estate lease to each applicant to whom a life estate lease is granted, which lease shall contain the following: (a) The names of the persons entitled to reside on the life estate lease which shall be the life tenant, his or her spouse, and minor dependents and/or such persons who are necessarily present to provide for the care of life tenant. (b) A description of the exterior boundaries of the land included in said lease. (c) The term of the life estate lease which shall end either upon voluntary relinquishment or upon the death of the life tenant or his/her spouse, whichever occurs last. (d) That the life tenant may feed not to exceed twenty-five (25) sheep units per year or equivalent livestock on the life estate lease premises. (e) That no person may reside on a life estate lease other than the life tenant, his or her spouse, and minor dependents, and/or such persons who are necessarily present to provide for the care of the life tenant. (f) That the Secretary of Interior shall pay, pursuant to 25 U.S.C. 640d–28(i), Pub. L. 96–305, section 30(i), on an annual basis, the fair market rental value of such life estate lease to the tribe to whom the lands leased were partitioned. Rental payments shall be made within thirty (30) days of the execution date of the life estate lease. (g) That the life tenant may make reasonable improvements on the life estate lease which are related to the residence and agricultural purposes of the life tenancy as determined by the Commission. Such improvements: (1) May include the renovation or replacement of existing dwelling structures and privies or outhouses so as to improve their utility, safety or level of modern utilities or amenities, but (2) Shall not increase the number, size, or capacity of dwelling structures on the leased area except with the express written approval of the Commission based upon a showing of actual need, or to reasonably accommodate a resident care provider for whom there is not adequate existing residential capacity. (3) May include not more than one shed or barn to be used in connection with livestock and/or agricultural activities permitted. (4) May include one ceremonial hogan and one traditional ramada type structure. (5) May include a garden of reasonable size. (6) May include such other improvements as the Commission finds to be reasonable under the circumstances of each lease. (h) That no person may visit on a life estate lease for more than thirty (30) consecutive days in any one visit or ninety (90) days total of all visits within any lease year the first of which shall commence on the date of issuance of the life estate lease, except that grandchildren and their descendants who are not minor dependents of the life tenant and who have not attained the age of eighteen (18) years may visit for ninety (90) consecutive days in any lease year. There shall be no limitation on visits which do not extend overnight. (i) That said life tenant or his or her surviving spouse may relinquish said life estate lease at any time and may receive relocation benefits from the Secretary at the time of relinquishment as provided in 25 U.S.C. 640d–28(h), (Pub. L. 96–305, section 30(h)). (j) The purposes for which the life estate lease may be used. (k) The life estate tenure shall end by voluntary relinquishment, or at the death of the life tenant or the death of his or her spouse, whichever occurs last, all as provided in 25 U.S.C. 640d–28(g) (Pub. L. 96–305, section 30(g)). (l) No livestock shall be allowed in the lease area until the perimeter of the lease area is fenced. (m) Such other terms and conditions deemed necessary or appropriate by the Commission.
Title 25: Indians
PART 700—COMMISSION OPERATIONS AND RELOCATION PROCEDURES
Subpart M—Life Estate Leases
§ 700.331 Application for life estate leases.
§ 700.333 Determination of disability.
§ 700.335 Grouping and granting of applications for life estate leases.
§ 700.337 Establishment of boundaries of life estate leases.
§ 700.339 Residency on life estate leases.
§ 700.341 Access to life estate leases.
§ 700.343 Life estate leases.
