Presentation on theme: "INDIAN LAND LEASING ON THE AGUA CALIENTE INDIAN RESERVATION"— Presentation transcript:
1 INDIAN LAND LEASING ON THE AGUA CALIENTE INDIAN RESERVATION United States Department of the Interior Bureau of Indian Affairs - Palm springs Agency
2 Bureau of Indian Affairs – Palm Springs Agency The Bureau of Indian Affairs-Palm Springs Agency serves as the federal agency having a fiduciary trust responsibility for the land on the Agua Caliente Indian Reservation.The Agua Caliente Indian Reservation encompasses approximately 28,000 acres of land in the western Coachella Valley, including portions of Palm Springs, Cathedral City, Rancho Mirage, and unincorporated areas of Riverside County.There are 1,175 commercial lease, 7,671 residential subleases and 11,118 time shares on Indian land under the jurisdiction of the Palm Springs Agency.
3 Organizational Structure of the Palm Springs Agency The BIA-PSA has two divisions; Indian Services and Trust Services. All real estate and title matters fall under the jurisdiction of Trust Services. The Agua Caliente Band of Cahuilla Indian has contracted with the Federal Government to manage and operate the Agency’s Residential Leasing Department and the Land Titles and Records Office.Bureau of Indian AffairsPalm Springs AgencyPalm Springs, CASuperintendent - VACANTTrust ServicesMatthew C. KirklandDeputy Superintendent- Trust ServicesLand Titles and Records OfficeConnie Medina, ACBCI, Realty Director(638 Contract)Marcos Apodaca, LTRO ManagerCheyanne Cook, Legal Instruments ExaminerTrust AccountingSteven Matano, Supervisory AccountantDOI-BIAD’Andrea Harrell, Accounting TechnicianSandy Griffin, Accounting TechnicianResidential LeasingConnie Medina, ACBCI , Realty DirectorAntoinette Saubel, Supervisory Realty OfficerMarricella Flores, Realty ManagerDeAnna Cabansag, Realty SpecialistCourtney Estrada, Realty SpecialistDavid Delgado, Realty SpecialistDaisy Reyes, Realty AssistantRealty Estate ServicesBelinda Ray, Realty OfficerClaudia Salgado, Realty SpecialistCalvin Ray, Realty SpecialistBruce Beyal, Realty SpecialistBernadine Saldana, Realty SpecialistCynthia Morales, Realty SpecialistChickasaw Nations Industries – CNIKathy Kramer, Lease Analyst(8A Sole Source Contract)Indian ServiceOllie BeyalDeputy Superintendent – Indian ServicesActing Superintendent
4 What is the role of the BIA The BIA has been designated by federal law as the “trustee” of Indian land, to include the Agua Caliente Indian ReservationAs “trustee”, the BIA has a fiduciary responsibility to ensure Indian landowners receive fair consideration for the use of their landThe BIA holds approval authority for leasing and sales of trust lands on the Agua Caliente Indian Reservation.
5 What is the role of the BIA The BIA provides technical assistance to Indian landowners on matters of real property managementThe BIA does not represent lessees or developersThe BIA will answer general questions from the public regarding the leasing of federal trust lands on the Agua Caliente Indian Reservation
6 Commercial Leasing Overview What is a commercial leaseWho do I contact if I want to enter into or extend a commercial leaseIf you are interested in a new lease of Indian land you may contact the Land Titles and Records Office to obtain a name and address report of the owners of the land.The prospective lessee is responsible for contacting the landowners and negotiating the lease.If you intend to extend an existing lease you should contact the lessor from whom you lease your land.Lease extensions are negotiated between the parties to the contract.The BIA has approval authority for new leases and lease extensions.Commercial Leases under the jurisdiction of the Agency are ground leases for commercial or residential development.Commercial leases are between the Indian landowner and the developer who in-turn sub- leases to the tenants and fall in the structure shown below:Lessor (Landowner)Lessee (Developer)Sub-lessee (Tenant)LowesWal-MartPet SmartStein MartP.S. Convention Center
7 Residential Leasing Overview What is a residential leaseWho do I contact if I want to extend a residential leaseResidential leases under the jurisdiction of the Agency are leases of a single family residences.The majority of residential leases are between the homeowner and a HOA or developer. However, 1,557 homeowners lease their land and improvement directly from the Indian landowner; these leases are commonly referred to as mini-masters as shown below:Residential SubleaseLessor (Landowner)Lessee (Developer)Sub-lessee (HOA)Sub-sub-lessee (Homeowner)Mini-MasterLessee (Homeowner)If you are a homeowner and want to extend your lease, who you contact depends on the lease.If you have a mini-master lease, you may contact the Land Titles and Records Office to obtain the name and address of the Indian landowners.If you are a sub-lessee you will need to contact the HOA or DeveloperLease extensions are negotiated between the parties to the contract.The BIA has approval authority for lease extensions.By Federal statute, a lease may only be extended once for a period not to exceed 25 years, provided the total term of the lease does not exceed 99 years.
8 Approval of Lease Extensions The U.S. Department of the Interior, through the BIA, has a judicially recognized and enforced trust responsibility to Tribes and Indian individuals who own land held in Trust by the United States.As the trustee of Federal Indian land, the Secretary of the Interior, as designated to the BIA’s Regional Directors and Superintendents, holds the approval authority for leases on Indian land.Landowners may, at their discretion, enter into or extend a leaseThe BIA does not compel landowners to enter into or extend leasesThe parties must negotiate and execute the leaseThe lease needs to be at or above Fair Market Value
9 Fair Market Value Land Value of : $60,000.00 Yield Rate Many leases on the Agua Caliente Indian Reservation have fallen below fair market valueIf you are purchasing a home on Indian land or negotiating a new lease, you can estimate the fair market rent on Indian landTo estimate the fair monthly rent for a land lease you need to know the value of the landFair Market Rent is based on the value of the land with a yield rate generally between 7% and 10%Land values can be obtained from the appraisal or the county assessors office.Value of trust land as if vacant (gross acreage) $60,000.00Multiplied by Yield Rate (generally between 7-10%) xEquals Fair Annual Rental $ 4,200.00Divided by 12 monthly payments ÷Equals the Fair Market Rental Value $Land Value of : $60,000.00Yield Rate0.070.080.090.10Fair Annual Rental Value$ 4,200.00$ 4,800.00$ 5,400.00$ 6,000.00Fair Monthly Rental Value$$$$
10 Contact InformationResidential Leasingx 246Commercial Leasingx 230Land Titles and Records Officex 273Trust Accountingx 260