Pyramid Lake Paiute Tribal Council

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Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 016-21

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section

16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized

by the United States Government through the Secretary of the Interior and the

Bureau of Indian Affairs; and possesses attributes of sovereignty over both the

members and territory.

WHEREAS, the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the Constitution

and By-laws of the Pyramid Lake Paiute Tribe, authorized the Pyramid Lake Tribal

Council to act on behalf of the Pyramid Lake Tribe, and to promulgate ordinances

to safeguard the peace and safety of residents of the Reservation and to establish

comis for the adjudication of claims and disputes; and

WHEREAS: pursuant to these powers, the Tribal Council has created a Law & Order Code and

other laws and ordinances to govern the conduct of people within the Tribe's

Reservation; and

WHEREAS: the Tribal Council has recognized the importance of reviewing and updating the

Law and Order Code to ensure the Code meets the Tribe's needs and best serves to

protect the interests of the Tribe, its members and persons living and working on

Tribal lands; and

WHEREAS: to meet this goal, the Tribe's Law and Order Committee has recommended that the

Tribal Council add Title 3 Chapter 18 Trust Lands Business Leasing Ordinance to

current code.

WHEREAS: the revised Title 3 Chapter 18 Trust Lands Business Leasing Ordinance was posted

for at least thitiy days to allow for public comment, One comment received by the

Law and Order Committee and the Committee submitted its recommendation to the

Tribal Council;

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

accepts the recommendation of the Law and Order Committee and hereby adopts

the revised Title 3 Chapter 18 Trust Lands Business Leasing Ordinance of the Law

and Order Code.

Pyramid Lake Paiute Tribal Council

Page2

RESOLUTION NO.: PL 016-21

BE IT FURTHER RESOLVED, the Tribal Chairman or designee is hereby authorized to

effectuate any and all administrative actions necessary for implementation of this

resolution.

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Pyramid Lake Paiute Tribe.

CER TI FICA TION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing

body of the Pyramid Lake Paiute Tribe, composed often members, of whom nine (9) constituting a quorum

were present at a meeting duly held on the 51" day of February 2021, was adopted by the affirmative vote

of eight (8) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant to the authority

contained in the Constitution and By-laws of the Pyramid Lake Paiute Tribe.

Title III Chapter 18

Pyramid Lake Paiute Tribe

Tribal Secretary

PYRAMID LAKE PAIUTE TRIBE

TRUST LANDS BUSINESS

LEASING ORDINANCE

TITLE III

CHAPTER 18

Table of Contents

GENERAL PROVISIONS ...................................................................................................................... 1

3.18.01

ORDINANCE ............................................................................................................... 1

3.18.02

AUTHORITY ................................................................................................................ 1

3.18.03

PURPOSE ..................................................................................................................... 1

3.18.04

SCOPE ............................................................................................................................ 1

3.18.05

LEASE MANAGEMENT ............................................................................................. 2

3.18.06

APPLICABLE LAW ..................................................................................................... 2

3.18.07

SOVEREIGN IMMUNITY .......................................................................................... 2

3.18.08

SEVERABILITY ......................................................................................................... 2

3.18.09

EFFECTIVE DATE ...................................................................................................... 3

3.18.10

AMENDMENT .............................................................................................................. 3

3.18.11

DEFINITIONS ............................................................................................................. 3

LEASES .................................................................................................................................................. 5

3.18.12

APPLICABILITY ........................................................................................................ 5

3.18.13

TERMS AND CONDITIONS .................................................................................... 5

3.18.14

DURATION AND RENEWAL .................................................................................... 5

3.18.15

APPROVAL .................................................................................................................. 6

3.18.16

OBTAINING A LEASE ................................................................................................ 6

3.18.17

MANDATORY PROVISIONS OF A LEASE ............................................................ 6

3.18.18

LATE PAYMENTS ..................................................................................................... 7

3.18.19

LAND DESCRIPTIONS ............................................................................................... 7

3.18.20

APPRAISAL AND MARKET ANANLYSIS .......................................................... 8

3.18.21

FAIR ANNUAL LEASE VALUE ................................................................................ 8

3.18.22

INSURANCE ................................................................................................................. 8

3.18.23

PERFORMANCE BOND ........................................................................................... 9

3.18.24

IMPROVEMENTS ....................................................................................................... 9

3.18.25

SUBLEASES, ASSIGNMENTS, AMENDMENTS, AND MORTGAGES .......... .10

3.18.26

ENVIRONMENTAL REVIEW ................................................................................. 11

3.18.27

COMPLIANCE .......................................................................................................... 13

3.18.28

DEFAULTS .................................................................................................................. 13

3.18.29

REMEDIES AND CANCELLATIONS ................................................................. 14

3.18.30

HARMFUL OR THREATENING ACTIVITIES .................................................... 14

3.18.31

ABANDONMENT ....................................................................................................... 14

3.18.32

HOLDOVER ................................................................................................................ 14

3.18.33

TRESPASS ................................................................................................................... 15

3.18.34

COMPLAINT AND APPEALS PROCEDURE ....................................................... 15

3.18.35

APPEAL BONDS ........................................................................................................ 16

Table of Contents

AGRICULTURAL LEASES .................................................................................................................. 16

[Reserved] .......................................................................................................................................... 16

TAXES AND FEES ................................................................................................................................ 16

3.18.36

STATE TAXATION ................................................................................................... 16

3.18.37

ADMINISTRATIVE FEES ........................................................................................ 16

Table of Contents

PYRAMID LAKE PAIUTE

TRIBE TRUST LANDS

BUSINESS LEASING

ORDINANCE

TITLE III

CHAPTER18

GENERAL PROVISIONS

3.18.01

ORDINANCE

This Ordinance shall be known as the Trust Lands Business Leasing Ordinance.

3.18.02

AUTHORITY

This Ordinance is promulgated pursuant to the powers vested to the Pyramid Lake Paiute Tribal

Council in the Constitution and Bylaws, as amended, of the Pyramid Lake Paiute Tribe, of

Nixon, NV.

3.18.03

PURPOSE

(a) The purpose of this Ordinance is to implement the Helping Expedite and Advance

Responsible Tribal Home Ownership Act of 2012 (HEARTH Act), codified at 25 U.S.C.

415(h). The HEARTH Act removes the requirement of obtaining approval from the Bureau of

Indian Affairs (BIA) for certain leases of restricted Indian lands when an Indian Tribe executes

a lease under Tribal Regulations approved by the Secretary of the Interior.

(b) The Pyramid Lake Paiute Tribal Council finds that the ability to lease Pyramid Lake Paiute

Tribal Trust Lands without first obtaining approval by the BIA is an attribute of self-governance

and tribal sovereignty, and exercising that ability leads to a fuller expression of sovereignty and

self-governance.

(c)

The Pyramid Lake Paiute Tribal Council also finds that this Ordinance will enhance

accountability and ensure that Pyramid Lake Paiute Tribal trust lands leased from the

Pyramid Lake Paiute Tribe are used to promote self-governance, encourage economic

self-sufficiency, and increase business activity and employment.

3.18.04

SCOPE

(a) Ordinance shall apply solely to the lands, regardless of location, that are held in trust by the

United States for the benefit of the Pyramid Lake Paiute Tribe over which the Tribe exercises

governmental power, referred to hereafter as "Pyramid Lake Paiute Tribal Trust Lands."

(b) This Ordinance shall not apply to unrestricted fee lands or lands held in trust by the United

States for individual landowners.

any mineral resources.

3.18.05

LEASE MANAGEMENT

(a) Whenever a responsibility or authority is granted under this Ordinance to the Pyramid Lake

Paiute Tribe, the Pyramid Lake Paiute Tribal Council shall be vested with that responsibility or

authority until such time as it may, in a duly enacted resolution, delegate that responsibility to

such qualified Pyramid Lake Paiute Tribal employees, agencies, or departments as the Pyramid

Lake Paiute Tribal Council determines are appropriate to hold and exercise that responsibility

or authority. When making delegation of responsibility or authority under this Section, the

Pyramid Lake Paiute Tribal Council may impose such deadlines or conditions on the exercise

of responsibility or authority as may fmiher the purposes of this Ordinance and the best interests

of the Tribe.

(b) The Pyramid Lake Paiute Tribe or other individual or entity as designated by the Pyramid

Lake Paiute Tribal Council, is authorized to institute regulations governing Leasing policies and

procedures as deemed appropriate to implement the provisions of this Ordinance. All such

regulations shall be consistent with the provisions of this Ordinance.

3.18.06

APPLICABLE LAW

(a) Except where otherwise required by federal law or as agreed to in the Lease pursuant to this

Ordinance, the Pyramid Lake Paiute Tribe's Law and Order Code shall govern the

interpretation, implementation, and management of all Leases approved under this Ordinance.

(b) Unless explicitly prohibited by the laws of the Pyramid Lake Paiute Tribe or federal law,

the parties to a Lease under this Ordinance may agree to subject a Lease to a provision of state

or local law or regulation in the absence of an applicable Pyramid Lake Paiute Tribe or federal

law if:

(1) the Lease includes a specific provision to that effect;

(2) the Tribe expressly agrees that the Lease will be subject to the state or local law cited in

such provision; and

(3) the Lease clarifies that such incorporation will only be in effect during the term of the

Lease and will otherwise not apply to the Tribe, any of its entities, enterprises,

instrumentalities, agencies, organizations, depaiiments, tribally owned corporations, or

political subdivisions, or its trust or reservation lands, except for the Lease premises as

specifically provided.

3.18.07

SOVEREIGN IMMUNITY

Nothing in this Ordinance or any Lease executed under this Ordinance shall be deemed,

construed, interpreted or implied to have waived, or authorized the waiver of, the sovereign

immunity of the Tribe or any of its any of its entities, enterprises, instrumentalities, agencies,

organizations, departments, tribally owned corporations, or political subdivisions, officers,

agents, or employees unless such waiver is explicitly granted in writing by the Pyramid Lake

Paiute Tribal Council.

3.18.08

SEVERABILITY

If any paragraph, section, or provision of this Ordinance shall be declared invalid by a court of

competent jurisdiction for any reason, that paragraph, section, or provision shall be severed

from the remainder of this Ordinance and the validity of the remainder of this Ordinance shall

not be affected by such decision.

3.18.09

EFFECTIVE DATE

This Ordinance shall take effect when it is approved by the BIA pursuant to the HEARTH

Act, in writing, after its adoption by the Tribe in a duly enacted resolution.

3.18.10

AMENDMENT

If major substantive amendments are made to this Ordinance subsequent to the initial effective

date, those amendments shall only become effective when approved by the BIA in writing.

Minor technical amendments may be made without BIA approval.

3.18.11

DEFINITIONS

Where a term is not defined in this Ordinance, it shall be given its ordinary meaning. Terms

used in this Ordinance, and in regulations adopted under it, shall have the following meaning,

except where othe1wise defined within this Ordinance or where the context clearly indicates

otherwise:

(a) "Assignment" means an agreement between a Lessee and an assignee whereby the assignee

acquires all or some of the Lessee's rights and assumes all or some of the Lessee's obligations

under a lease.

(b) "Best Interest of the Tribe" means, but is not limited to, when an outcome is most favorable

based on a balancing of interests undertaken in order to attain the highest economic income,

increase economic development in Indian Countiy, preserve and enhance the value of Pyramid

Lake Paiute Tribal Trust Land, increase employment in Indian Countiy, and preserve the

sovereignty of the Tribe.

States Depaitment of the Interior.

(d) "Cancellation" means action by the Tribe to end a lease pursuant to this Ordinance.

(e) "Day" means a calendar day unless otherwise specified.

(f) "Development Period" means the time period from when a Lease is executed to when

improvements are expected to be substantially completed.

(g) "Environmental Review" means a review of the anticipated environmental effects of a

proposed leasing transaction to assess whether a proposed development or Project will have a

positive or negative environmental impact.

(h) "Environmental Reviewer" means an official designated by the Tribal Council, or as

otherwise designated by the Tribe in a duly enacted resolution, authorized to conduct the

Enviromnental Review.

(i) "Fair Annual Lease Value" means the amount ofrental income that a leased tract of Pyramid

Lake Paiute Tribal Trust Land would most probably command in an open and competitive

market reflecting all terms and conditions of the proposed Lease, or as determined by

competitive bidding.

U) "Holdover" means circumstances in which a Lessee remains in possession of the leased

premises after the lease term expires or the Lease is terminated or cancelled.

(k) "PLPTO" means the Pyramid Lake Paiute Tribal Ordinances.

(1) "Lease" means a written contract between the Lessor and a Lessee, whereby the Lessee is

granted a right to possess Pyramid Lake Paiute Tribal Trust Land for a specified purpose and

duration. The Lessee's right to possess will limit the Lessor's right to possess the leased premises

only to the extent provided in the Lease.

(m) "Leasehold Mortgage" or "Mortgage" means a mortgage, deed of trust, or other instrument

that pledges a Lessee's leasehold interest as security for debt or other obligation owed by the

Lessee to a lender or other Lessee.

(n) "Leasing Authority" means the governmental employee or entity designated by the Tribe

to: perform the duties and responsibilities of the Lessor on behalf of the Tribe; approve and

disapprove leasing transactions, which includes but are not limited to: lease issuance, lease

amendment or modification, subleasing, lease assignment or transfer, tenant leases, and lease

terms Tribes; and to manage and administer the lease, if entered into. The Business Office is

designated as the Leasing Authority, unless or until the Tribe designates another governmental

employee or entity in a duly enacted resolution. The Business Office may delegate Leasing

Authority responsibilities to other employees of the Pyramid Lake Paiute Tribal Administration.

(o) "Leasing Decision" means the following type of Lease transactions that will be acted on by

the Tribe: Lease execution; Lease amendment or modification; sublease if such sublease

requires consent by the Tribe under this Ordinance, and Lease Assignment if such Assignment

requires consent of the Tribe under this Ordinance.

(p) "Lessee" means a person or entity that has acquired a legal right to possess Pyramid Lake

Paiute Tribal Trust Land by a lease pursuant to this Ordinance.

(q) "Lessor" means the Tribe, who holds beneficial Ordinance to Pyramid Lake Paiute Tribe

Trust Lands Business Ordinance and conveys the right to possess property under a lease

pursuant to this Ordinance.

(r) "PLPT" means the Pyramid Lake Paiute Tribal Council, the duly constituted governing body

of the Pyramid Lake Paiute Tribe by the authority of the Constitution and Bylaws, as amended,

of the Pyramid Lake Paiute Tribe of the Pyramid Lake Paiute Reservation, Nixon, NV.

(s) "LTRO" means the Land Ordinances and Records Office of the BIA.

(t) "Pyramid Lake Paiute Tribal Trust Land" means all land, whether located within or outside

the exterior boundaries of the Pyramid Lake Paiute Reservation, held in trust by the United

States for the benefit of the Pyramid Lake Paiute Tribe.

(u) "Tribe" shall mean the Pyramid Lake Paiute Tribe, a federally recognized Indian Tribe in

the United States, also listed in the Federal Register as the Pyramid Lake Paiute Tribe of the

Pyramid Lake Paiute Reservation.

(v) "Nominal Rental or Nominal Compensation" means a rental amount that is so insignificant

that is bears no relationship to the value of the property that is being leased.

(w)"Public" shall mean enrolled members of the Pyramid Lake Paiute Tribe.

(x) "Restoration and Reclamation Plan" means a plan that defines reclamation, revegetation,

restoration, and soil stabilization requirements for the project area, and requires the expeditious

reclamation or construction areas and revegetation of disturbed areas to reduce invasive plant

infestation and erosion.

(y) "Secretary" means the Secretary of the Interior.

(z) "Significant Effect on the Environment" means a substantial, or potentially substantial,

adverse change in the environment, including land, air, water, minerals, flora, fauna, ambient

noise, cultural areas, and objects of historic, cultural or aesthetic or socio- economic

significance.

(aa) "Sublease" means a written agreement by which the Lessee grants to an individual or entity

a right to possession no greater than that held by the Lessee under a lease.

(bb) "Tribal Lease Environmental Impact Statement" and "TLEIS" mean a public document

used to analyze and report on the probable significant impact and effects of development on the

human environment, to identifiable, and to disclose possible ways to reduce or avoid

environmental damage.

(cc) "Trust Land" means all lands of the Tribe within the limits of the Tribe's reservation or

land over which the Tribe exercises governmental power and that is held in tlust by the United

States for the benefit of the Tribe.

LEASES

3.18.12

APPLICABILITY

(a.) This Chapter applies to all Leases of the Pyramid Lake Paiute Tribal Trust Lands governed

by this Title except Agricultural Leases. A Lease shall be:

(1) ground leases (undeveloped land);

(2) leases of developed land (together with the permanent improvements thereon);

(3) leases for residential purposes;

(4) leases

for

religious,

educational, cultural, or other public purpose; and

(5) commercial or industrial leases for hotel, retail, office, manufacturing, storage,

biomass, wind and/or solar energy facilities, waste-to-energy, or other business purpose.

(b) A Lease may authorize the construction of a single-purpose or mixed use Project designed

for the use by any number ofLessees or occupants.

effect before this Ordinance became effective. The Tribe shall not exercise Lease approval

authority as provided herein until such time as the Secretary approves this Ordinance pursuant

to the HEARTH Act, and after such approval no Lease shall be valid or binding upon any party

until approved according to this Ordinance.

3.18.13

TERMS AND CONDITIONS

Leases shall be governed by the terms and condition set forth in Lease subject to the requirements

of this Ordinance. The terms and conditions of a Lease may only be modified by the written

approval of the Lessee and the Pyramid Lake Paiute Tribal Council. The Lessee is responsible

for understanding the Lease terms and conditions utilizing its own consultants and advisors.

3.18.14

DURATION AND RENEWAL

(a) Duration. The maximum term of a Lease shall be as follows:

(1) a Lease for religious, educational, recreational, or other public purpose shall not exceed

seventy-five (75) years; and

(2) all other Leases shall not exceed twenty-five (25) years, except that such Lease may

include an option to renew for up to two (2) additional terms, each of which may not exceed

twenty-five (25) years.

(b) Renewal. If the Lease provides for an option to renew, the Lease must specify:

(1) the time and manner in which the option must be exercised or is automatically

effective;

(2) that confirmation of the renewal will be submitted to the Leasing Authority unless

the lease provides for automatic renewal;

(3) whether consent by the Tribe to the renewal is required;

(4) that the lessee must provide notice of the renewal to the Leasing Authority and any

sureties and mortgagees;

(5) the additional consideration, if any, that will be due upon the exercise of the option

to renew or the start of the renewal term; and

(6) any other conditions for renewal (such as, but not limited to, that the Lessee must not

be in violation of the Lease at the time of renewal).

3.18.15

APPROVAL

(a) The Leasing Authority may issue a Lease, which is subject to approval by the PLPT, so

long as the Lease complies with all provisions of this Ordinance and it is in the Best

Interest of the Tribe. The Leasing Authority shall not issue the Lease until the PLPT has

duly enacted a resolution approving such Lease.

3.18.16

OBTAINING A LEASE

(a) Information on obtaining a Lease shall be available from the Leasing Authority.

(b) All applicants for a Lease shall submit the following documents to the Leasing

Authority:

(1) Completed Lease application;

(2) Information adequate to allow the Leasing Authority to assess the proposed assignee's

financial and other capability to undertake the Lease obligations;

(3) Site survey and legal description completed in accordance with this Ordinance;

(4) Environmental Review, where required by this Ordinance;

(5) Evidence of compliance with all applicable Pyramid Lake Paiute Tribal Ordinances

requiring appropriate approvals, authorizations and/or permits; and

( 6) Other documents as may be required by the Leasing Authority.

record Leases, Subleases, Assignments, amendments, encumbrances, renewals,

modifications, cancellations, and tem1inations, with the L TRO having jurisdiction over the

land. The Leasing Authority will provide copies of all Leases to the BIA.

(d) Records of activities undertaken pursuant to this Chapter are the property of the Tribe.

Records compiled, developed, or received by the Secretary pursuant to this Chapter are the

property of the Secretary.

(e) The Tribe shall have all powers necessary and proper to enforce all applicable laws,

ordinances and regulations, subject to the terms of the Lease, including, but not limited to,

the assistance of the Pyramid Lake Paiute Tribal Police Department.

3.18.17

MANDATORY PROVISIONS OF A LEASE

(a) All Leases shall, at a minimum, identify the following:

(1) The tract, location, or parcel of land being leased sufficient in detail to meet the

recording requirements of the BIA's LTRO;

(2) The purpose of the Lease and authorized uses of the leased premises;

(3) The parties, terms, and effective date of the Lease;

(4) Payment requirements, including but not limited to:

(A) how much rent is due;

(B) the dates on which payments are due,

(C)the form and method of payment, the person or entity to whom payment must be

directed, and

(D) late payment charges or other penalty charges, including interest rate charges;

(5) The ownership of permanent improvements and the responsibility for constructing,

operating, maintaining, managing, and removing any permanent improvements to the

leased premises in accordance with PLPTO §18.03.130;

(6) Insurance requirements under PLPTO §18.03.110;

(7) Bonding requirements under PLPTO §18.03.120; and

(8) Due diligence requirements under PLPTO 18.03.130.

(b) All Leases shall, at a minimum, include the following provisions:

(1) There must not be any unlawful, harmful or threatening conduct, creation of a nuisance,

illegal activity, or negligent use or waste of the leased premises;

(2) State the governing law in accordance with PLPTO §18.06.020 and that the Lessee must

comply with all applicable laws, ordinances, rules, regulations, and other legal requirements

in accordance withPLPTO §18.06.0lO(b) and §18.06.020;

(3) The Tribe has the right, at any reasonable time during the term of the lease and upon

reasonable notice, under PLPTO § 18.03 .160, to enter the leased premises for inspection and

to ensure compliance;

(4) An indemnification and hold-harmless provision in favor of the Tribe, the United States

and Lessor, for the Lessee's use or occupancy ofleased premises; and

(5) If the Leased premises are within an Indian project or drainage district the Lease must

state the following: "If the leased premises are within an Indian project or drainage district,

except as provided by 25 CFR part 171, the lessee must pay all operation and maintenance

charges that accrued during the Lease term, the lessee must pay these amounts to the

appropriate office in charge of the irrigation project or drainage district."

mitigation measures or a Restoration and Reclamation Plan is required, such requirements shall

be provided in the Lease.

3.18.18

LA TE PAYMENTS

Unless the Lease expressly provides otherwise, if any rents payable under the Lease are not

received within ten (10) days after becoming due, interest at the rate of 18 percent per annum

will accrue and become due and payable from the date such rentals are due until such payment

is received by the Tribe. The Lease shall identify any additional late payment charges. Unless

the Lease expressly provides otherwise, interest charges and late payment charges shall apply in

the absence of any specific notice to the Lessee from the Tribe, and the failure to pay such

amount shall be treated as a breach of the Lease.

3.18.19

LAND DESCRIPTIONS

Leases shall contain an accurate and detailed description of the leased premises including

adequate site surveys and legal descriptions based on metes and bounds, rectangular or lot and

block systems, physical location (including an address, if applicable), existing improvements,

existing utilities, and square footage. Such description may include renderings, architectural

drawings, or other schematics, as appropriate. The Leasing Authority, in its discretion, shall

determine what is appropriate for the Lessee to supply under this Section.

3.18.20

APPRAISAL AND MARKET ANANL YSIS

(a) Every Lease shall have a Fair Annual Lease Value determination calculated in one of the

following ways:

1. The Fair Annual Lease Value may be determined by an appraisal, market analysis, or other

appropriate valuation method as determined by the Leasing Authority, utilizing the

following data: improvement cost, replacement cost, earning capacity, sales and lease data

of comparable sites, or by similar methodology as approved by the Leasing Authority and

deemed to be in the Best Interest of the Tribe; or

2. The Fair Annual Lease Value may be determined by an appraisal performed by a licensed

appraiser utilizing the Uniform Standards of Professional Appraisal Practice or another

commonly accepted method of appraisal.

3.18.21

FAIR ANNUAL LEASE VALUE

(a) No Lease shall be approved for less than the present Fair Annual Lease Value, as set f01ih

in the appraisal, market analysis, or other method set forth in PLPTO §18.03.090, except as

follows:

(1) The Lease is in the Development Period;

(2) The Tribe is providing an incentive for a business to locate on Pyramid Lake Paiute Tribal

Trust Land, and must provide Lease concessions, lease improvement credits, and/or lease

abatements to attract such business;

(3) The Tribe determines that negotiated Lease payments of less than Fair Annual Lease

Value such as a Nominal Rental or a Nominal Compensation are in the Best Interest of the

Tribe; or

(4) The Lessee is an instrumentality or business entity of the Tribe.

(b) Rent under a Lease may be structured as a fixed amount, as a fixed amount plus a percentage

of gross receipts (e.g., if the Lessee is a business located in a shopping center or mall), as a

percentage of gross receipts or based on a market indicator, or in such other manner as may be

approved by the Leasing Authority.

adjustments will be made, who will make such adjustments, when the adjustments will go into

effect, and how disputes related to rental rates shall be reso 1ved.

(d) A Lease may be amended to allow for rental rate adjustments.

(e) A Lessee may also be required to pay additional fees, taxes, and assessments associated with

the use of the land and those payments shall be made to the Pyramid Lake Paiute Finance

Department.

3.18.22

INSURANCE

(a) Unless waived pursuant to Subsection (b) below, a Lessee shall provide proof of insurance

necessaiy to protect the interests of the Lessor and in amounts sufficient to protect all insurable

improvements on the premises. The insurance may include, but is not limited to, property,

liability and casualty insurance, or other insurance as specified in the Lease. The Tribe, Lessor

and the United States must be identified as additional insured parties inall policies.

(b) The Tribe may waive the insurance requirements, or reduce the amount of insurance, if the

waiver is in the Best Interest of the Tribe, provided, however, that the waiver may be unilaterally

revoked by the Tribe at any time the waiver is determined to no longer be in the Best Interests

of the Tribe. Upon such revocation, the Tribe shall notify the Lessee in writing and indicate the

type and level of insurance protection that has been determined to be adequate to protect

insurable improvements on the leased premises. The Tribe shall maintain written records of

waivers and revocations.

3.18.23

PERFORMANCE BOND

(a) Unless waived pursuant to Subsection (b) below, Lessee shall obtain a satisfactory

performance bond in an amount sufficient to secure its contractual obligations under the Lease.

Such bond may be called upon to guarantee:

(1) The annual rental payment;

(2) The estimated development and construction cost of improvements; and

(3) Any additional amount necessary to ensure compliance with the Lease.

(b) The Tribe may waive the bond requirement, or reduce the amount of the performance bond,

if doing so is determined to be in the Best Interest of the Tribe, provided, however that the

waiver may be unilaterally revoked by the Tribe at any time if the waiver is determined to no

longer be in the Best Interest of the Tribe. Upon such revocation, the Tribe shall notify the

Lessee in writing and indicate the type and level of performance bond that has been determined

to be adequate to secure the Lessee's contractual obligations.

(1) Certificates of deposit issued by a federally insured financial institution authorized to do

business in the United States;

(2) Irrevocable letters of credit issued by a federally insured financial institution authorized

to do business in the United States;

(3) Negotiable Treasury securities; or

(4) Surety bonds issued by a company approved by the U.S. Department of the Treasury.

3.18.24

IMPROVEMENTS

(a) Unless the Tribe waives some or all of the requirements of this Section because it is in the

best interests of the Tribe, a Lease shall require the Lessee to exercise due diligence and no less

than good faith efforts to complete the construction of any improvements within the schedule

specified in the Lease.

(b) Lessee, at Lessee's expense or as otherwise provided in the Lease, may construct

improvements under a Lease if the Lease specifies, or provides for the development of:

(1 ) a plan that describes the type and location of any improvements to be constructed

by the Lessee; and

(2) a general schedule for construction of the improvements, including dates for

commencement and completion of construction.

the anticipated date of construction of the improvements, and evidence of progress toward

commencement of construction. When requested by the Leasing Authority or otherwise required

in the Lease, the Lessee shall fmiher provide the Leasing Authority, in writing, an updated

schedule for construction. Modified construction plans or schedule, when approved by both

parties, shall become a modified exhibit to the Lease.

(d) Improvements to the premises shall become the property of the Tribe unless otherwise

provided in the Lease. The Lease may provide for Lessee ownership of the improvements and

may allow the Lessee to sell its interest in the improvements to the Tribe or such other person or

entity as may be authorized under the Lease, so long as the sale is consistent with all requirements

of this Chapter and applicable law.

(e) If improvements will be removed, and the Lease does not specify the maximum amount of

time allowed for removal, the maximum time allowed shall be 120 days from the expiration,

termination, or cancellation of the Lease. Unless expressly otherwise provided in the Lease, a

Lessee obligated to remove improvements shall be obligated to leave the leased premises in good

order and condition, repair any damage caused by the removal of the Improvements, remove any

and all debris from the leased property, and remove any and all Lessee property from the leased

pren11ses.

(f) Improvements may be subject to taxation by the Tribe, subject to limitations provided in the

Lease.

(g) Failure of the Lessee to comply with the requirements of this Section shall be a breach of the

Lease and may lead to cancellation.

3.18.25

SUBLEASES, ASSIGNMENTS, AMENDMENTS, AND MORTGAGES

(a) Subleases, Assignments, amendments or m011gages of any Lease shall only be effective

with the written approval of the Tribe and Lessee, unless otherwise provided herein or in the

Lease.

(b) Leases may authorize Subleases or Assignments, in whole or in part, only with approval from

the Pyramid Lake Paiute Tribal Council, provided a copy of the Sublease or Assigmnent is promptly

provided to the Leasing Authority and the following conditions, where applicable, are met and

stated in the Lease:

(1) There is no existing event of default by the Lessee under the Lease or violations of this

Ordinance or other applicable laws or regulations;

(2) Any restrictions and limitations on the use of the premises shall continue to apply to any

sublessee or assignee;

(3) The proposed sublessee or assignee submits information adequate to allow the Leasing

Authority to assess the proposed sublessee's or assignee's financial and other capability to

undertake the Lease obligations; and

(4) Upon sublease or assigmnent, the sublease or assignor shall not be relieved or released

from its obligations under the Lease unless otherwise provided in the Lease.

This Subsection in no way relieves the patties from carrying out their duties under the Lease,

which may contain additional restrictions and conditions.

for the purpose of financing to develop and improve the leased premises. At no time may a

direct encumbrance on Pyramid Lake Paiute Tribal Trust Land be allowed. Only a Lessee's

leasehold interest may be encumbered.

(d) If a sale or foreclosure of the Lessee's leasehold interest occurs, the leasehold m011gagee

may assign the Lease, subject to the Tribe's approval, provided the assignee agrees in writing

to be bound by all the terms and conditions of the Lease. The Lease may authorize such

Assignment, in whole or in part, without approval from the Tribe, provided that the

requirements of Subsection (b) are met.

(e) Subleases shall contain adequate legal descriptions of the land on which they are located

and descriptions of the location and square footage of the space being subleased within any

building and may include renderings, architectural drawings or other schematics to illustrate the

location of the space.

3.18.26

ENVIRONMENTAL REVIEW

(a) Environmental Review Required. The Leasing Authority shall assign an Environmental

Reviewer to complete the review process under this Section. Unless an exemption applies or a

Lease is not otherwise subject to Enviromnental Review, no Lease shall be approved until the

Enviromnental Review process is complete. Leases approved and executed without compliance

with this Section shall be null and void. Since no federal action is involved in the execution of

Leases under this Ordinance, the provisions of the Tribal Enviromnental Policy Act ofl 969,

42 U.S.C. 4311 et seq. ("NEPA") do not apply.

(b) Threshold Determination Within (10) business days following the submission of a complete

leasing application, as determined by the Leasing Authority, the Environmental Reviewer will

make a threshold dete1mination as follows:

(1) Leases Not Subject to Enviromnental Review. If the Enviromnental Reviewer

determines that the Leasing Decision by its nature would not have a Significant Effect on

the Enviromnent, the Leasing Decision is exempt from additional requirements of the

Environmental Review.

(2) Leases Subject to Enviromnental Review. If the Environmental Reviewer determines

that the Leasing Decision could reasonably be expected to have a Significant Effect on the

Environment, the Lessee must fulfill the requirements of the Enviromnental Review.

(3) Exemption for Leases in Gaming Facility. Leasing Decisions involving Leases

proposing use of space within the footprint of the Gaming Facility as that term is defined in

the Compact shall be exempt from the additional requirements ofEnviromnental Review and

the Tribe shall not be required to prepare a TLEIS. For purposes of this subsection, "Compact"

means the tribal-state compact entered into between the Tribe and the State of Washington

and approved by the Secreta1y, as amended, governing the conduct of class III gaming

activities by the Tribe pursuant to the Indian Gaming Regulatory Act, 25

U.S.C. 2710( d) (1) (C).

(4) Existing Business Sites. Approvals of Leases for an existing business site, including any

associated existing improvements, existing access roads and utilities are exempt from the

additional requirements of Environmental Review and the Tribe shall not be required to

prepare a TLEIS. Exemptions under this categ01y are granted when a previous Enviromnental

Review was completed for the previous Lease and the site and impacts associated with a

current Leasing Decision have not substantially changed.

Enviromnental Reviewer dete1mines that the Leasing Decision is subject to Environmental

Review, the Tribe may not consider the Leasing Decision until the Environmental Reviewer

closes the Environmental Review in accordance with this Section.

Upon request of the Lessee, the Leasing Authority may review the proposed Lease after

negotiation by the parties, before or during preparation of the Enviromnental Review

documentation. Within sixty (60) days of receiving the proposed lease, the Leasing Authority

will provide an acknowledgement of the terms of the lease and identify any provisions that,

based on this acknowledgment review, would justify disapproval of the lease, pending results

of the Environmental Review.

(d) Earlier or Concurrent Tribal and/or Federal Environmental Review Determinations.

(1) As early in the process as possible, the Environmental Reviewer shall review the earlier

or concurrent Enviromnental Review documents and assess whether they sufficiently

evaluate the impacts of the proposed Leasing Decision as required by this Ordinance. If the

impacts were not evaluated sufficiently to meet the standards of this Ordinance, the Lessee

may obtain a compliance update or amendment from the Tribal department or federal

department that has regulatory responsibility for the relevant resource. If the impacts

associated with the Leasing Decision were adequately evaluated in the earlier or concurrent

documents to meet the requirements of this Ordinance, the Environmental Reviewer may

determine that the Environmental Review required under this Ordinance is complete.

( e) Environmental Review. Unless an exemption applies, an earlier or concurrent

Environmental Review meets the requires of this Ordinance, or a Lease is not otherwise subject

to the Environmental Review, then, before the execution of the Lease, the Tribe shall cause to

be prepared a comprehensive and adequate TLEIS, analyzing the potentially significant effects

of the proposed action on the environment. However; information or data which is relevant to

such a TLEIS and is a matter of public record or is generally available to the public need not

be repeated in its entirety in the TLEIS, but may be specifically cited as the source for

conclusions stated therein; and provided further that such information or data shall be briefly

described, that its relationship to the TLEIS shall be indicated, and that the source thereof shall

be reasonably available for inspection at a public place or public building.

The TLEIS shall provide detailed information about the Significant Effect on the Environment

which the proposed Lease is likely to have, and shall include a detailed statement setting fmih

all of the following:

(1) A description of the physical environmental conditions in the vicinity of the leased

premises (the environmental setting and existing baseline conditions), as they exist at the

time the notice of preparation is issued;

(2) All Significant Effects on the Environment from the proposed Lease.

(3) In a separate section setting forth:

(A) Any Significant Effect on the Environment that cam1ot be avoided if the Lease is

executed;

(B) Any Significant Effect on the Environment that would be irreversible if the Lease is

executed; and

recommended, or required.

(4) The TLEIS shall also contain a statement indicating the reasons for determining whether

the various effects, if any, of the Lease on the environment located outside of the exterior

boundaries of the Reservation or the exterior boundaries of Pyramid Lake Paiute Tribal Trust

Lands located outside of the Reservation, are not significant and consequently have not been

discussed in detail in the TLEIS. In the TLEIS, the direct and indirect Significant Effects on

the Environment shall be clearly identified and described, giving due consideration to both

the short-term, long- term, and cumulative effects.

(5) The Lease application process shall be suspended until the Draft TLEIS is complete.

(f) Notice of Completion of Draft TLEIS.

(1) By the close of the next business day after a Draft TLEIS is complete, the Environmental

Reviewer shall file a copy of the draft with the Leasing Authority. The Leasing Authority

shall prepare a public notice entitled "Notice of Completion" which shall include all of the

following information:

(A) A brief description of the project;

(B) The proposed location of the project;

(D) Notice of a period of at least thhiy (30) days during which the Leasing Authority will

receive comments on the draft TLEIS; The deadline to submit written comments, including

instructions on how, where, and to whom comments should be submitted; and

(E) Notice that all comments received within the comment period will be available for

review on request at the Pyramid Lake Paiute Tribal Administration Building, which is

open to the public during regular business hours.

(2) To satisfy the requirement of public notice and opp01iunity for comment under the

HEARTH Act, the Leasing Authority shall:

(A) Cause the Notice of Completion to be published in a newspaper of general circulation

in the area affected by the proposed Lease;

(B) At the Leasing Authority's discretion, post the Notice of Completion and the draft

TLEIS on the Pyramid Lake Paiute Tribe's governmental website as designated by the

Tribe.

(g) Response to Public Comments. After the comment period has ended, the Leasing Authority

will review all comments timely received. Prior to the approval and execution of a Lease, the

Leasing Authority will provide written responses to relevant and substantive comments on any

Significant Effect on the Environment arising as a result of the proposed project and proposed

or recommended mitigation measures addressing such impacts.

3.18.27

COMPLIANCE

(a) The Tribe shall have all powers necessary and proper to enforce the terms of the Lease,

subject to the terms of the Lease. These include the power to enter the leased premises with

reasonable notice and at a reasonable time (or no notice in the event the Leasing Authority

determines that there is an emergency) and subject to the terms of the Lease, to determine

compliance with the terms of the Lease and this Chapter.

(b)

Failure of the Lessee to comply with the requirements of this Chapter will be deemed a

violation of the Lease and may lead to cancellation of the Lease pursuant to this Ordinance.

3.18.28

DEFAULTS

(a) Negotiated Default and Remedies. The Lease may include negotiated events of default

and remedies in the event of a Lease violation, including but not limited to the power to

terminate the Lease, and the manner in which the remedies may be exercised. Negotiated

remedies (including termination) may apply in addition to, or instead of, the cancellation

remedy available to the Tribe under this Ordinance, as specified in the Lease.

(b) Unless otherwise provided in the Lease, if the Leasing Authority determines the Lessee

is in default, the Leasing Authority shall send the Lessee a written notice of default. The notice

of default shall be provided by ce1iified mail, return receipt requested, or personal delivery to

the leased premises.

(c)

Unless otherwise provided in the Lease, within thi1iy (30) days (or fifteen (15) days if the

default is for failure to pay rent) after receipt of the notice of default, or mailing if receipt is

rejected, taxes or other monetary default, the Lessee shall:

(1) Cure the default and notify the Leasing Authority, in writing, that the default has been

cured;

(2) Request additional time from the Leasing Authority, in writing, to cure the default (which

may or may not be granted); or

(3) Dispute the Leasing Authority's determination, in writing, that the Lease is in default and

explain why the Lease should not be cancelled.

3.18.29

REMEDIES AND CANCELLATIONS

(a) If the Lessee fails to cure the default within the prescribed period, subject to the provisions of the

Lease, the Leasing Authority may:

1. Cancel the Lease pursuant to this Ordinance;

2. Grant a written extension of time to cure the default;

3. Pursue other remedies, with the Lessee, including negotiated remedies and

execution on bonds or collection of insurance proceeds;

4. Undertake any combination of the remedies listed above; or

5. Undertake any other appropriate remedies, including those set forth in the Lease.

(b) Cancellation. If the Leasing Authority cancels a Lease, it shall send the Lessee a cancellation

letter within a reasonable time period or as provided in the Lease. The cancellation letter shall

be provided by certified mail, return receipt requested, or personal delivery to the leased

premises.

1. The cancellation letter shall:

a. Explain the grounds for cancellation;

b. Notify the Lessee of unpaid amounts, interest charges, late payment penalties

or other appropriate charges due under the Lease;

c. Notify the Lessee of its right to appeal; and

d. Order the Lessee to vacate the premises within thirty (30) days after receipt

of the cancellation letter, or mailing ifreceipt is rejected, or such other period

as set forth in the Lease, if an appeal is not filed by that time.

2. A cancellation shall become effective thirty-one (31) days after receipt of the

cancellation letter, or mailing if receipt is rejected, or such other date as set forth in

the Lease. The filing of an appeal shall not change the effective date of the

cancellation.

(c)If the Leasing Authority decides to grant an extension of time to cure a default, the Lessee

shall proceed diligently to perfo1m and complete the corrective actions within a reasonable

time period.

3.18.30

HARMFUL OR THREATENING ACTIVITIES

If the Lessee or other party causes or threatens to cause immediate and significant harm to the

premises, or undertakes criminal activity thereon, the Leasing Authority may take appropriate

emergency action, including, without limitation, immediate cancellation of the Lease. The

Leasing Authority will notify the Lessee of the cancellation by certified mail, return receipt

requested, or personal delive1y to the leased premises, within a reasonable time, or as provided

in the Lease.

3.18.31

ABANDONMENT

If a Lessee abandons the premises under a Lease, the Leasing Authority may treat such

abandonment as a termination of the Lease, provided that the Leasing Authority may pursue

such remedies available under the Lease or this Chapter, including damages for Lease payments

through the remaining term (as if abandonment and termination had not occurred) of the Lease.

3.18.32

HOLDOVER

If a Lessee remains in possession after the expiration, termination or cancellation of a Lease, the

Leasing Authority shall treat such occupation as a trespass. The Leasing Authority shall take action

to recover possession and pursue additional remedies. Such action shall be pursuant to the Pyramid

Lake Paiute Tribe's Ordinances.

3.18.33

TRESPASS

If a person or entity occupies the premises without the Leasing Authority's approval, the

Leasing Authority may pursue all approp 1iate remedies, which may include a civil action for

unlawful detainer pursuant to 3.04.288 of the Pyramid Lake Paiute Tribe Law and Order Code.

3.18.34

COMPLAINT AND APPEALS PROCEDURE

(a) The Lessee, or another interested party whose interests could be adversely affected, who

has reasonable grounds to believe that a determination by the Tribe does not comply with this

Chapter, may file a complaint with the Leasing Authority.

(b) The Leasing Authority shall make reasonable efforts to resolve the complaint informally,

including, but not limited to, scheduling a meeting with the Lessee or interested party for such

purpose. Within thirty (30) days of receiving the written complaint, the Leasing Authority shall

reduce to writing that:

(1) the pmiies reached a resolution to the complaint and it is signed by the Leasing Authority

and the Lessee or interested pmiy, or

(2) no informal resolution was reached.

party whose interests could be adversely affected, may appeal a determination of the Tribe.

Appeals under this Chapter are limited to dete1minations by the Tribe regarding approved

Leases and no other appeals shall be authorized.

(d) Unless an alternate appeals process is provided in the Lease, the appeal shall be filed with

the Pyramid Lake Paiute Tribal Court.

(e)

The process for filing an appeal shall be as follows:

(1) A written, signed appeal must be filed within fourteen (14) days after Leasing Authority

issues a written outcome of the informal resolution;

(2) The appeal must describe in reasonable detail:

(A) a description of the alleged noncompliance with this Ordinance which is the subject

of the appeal; and

(B) the remedy being sought.

(3) The appeal must be served on the Tribe, by and through the Tribal Chairman, unless

another pmiy for service is identified in the Lease, and proof of service must be filed with

the Pyramid Lake Paiute Tribal Comi.

service.

(d) At the hearing, the Lessee or interested pmiy and the Tribe shall be provided reasonable

oppmiunity to admit documentary evidence, offer testimony, cross-examine the witness(es) of

the other pa1iy, and to make arguments of law.

(e) The Judge shall review whether the Tribe's determination was: arbitrary, capricious, or an

abuse of discretion; not suppmied by substantial evidence in the record; or otherwise, not in

accordance with the law. The Judge shall provide written findings to the parties within fomieen

(14) days following the close of the hearing.

(f) The decision of the Pyramid Lake Paiute Tribal Comi shall be final and may not be appealed

to Federal Comi of Appeals.

(g) Only upon exhaustion of tribal remedies as provided in this Section, may a Lessee or

interested patiy seek BIA review of an appeal regarding the Tribe's compliance with this Chapter

in accordance with the HEARTHAct.

(h) This Section is not intended to, nor does it create any rights whatsoever to appeal the Tribe's

decision declining to enter into a Lease with individuals or entities seeking the use of Pyramid

Lake Paiute Tribal Trust Lands. There is no individual right to use Pyramid Lake Paiute Tribal

Trust Lands prior to obtaining a Lease approved pursuant to this Ordinance or federal law.

3.18.35

APPEAL BONDS

(a) If a Lessee appeals a final Lease determination of the Tribe to cancel or terminate the Lease

and a stay of enforcement is requested, an appeal bond must be filed concurrently with the

appeal.

(b) The appeal bond shall protect the party whose remedy has been stayed from all financial

losses that may occur as a result of the appeal. Appeal bonds shall not be separately appealed,

but may be contested during the cancellation or termination appeal.

AGRICULTURAL LEASES

[Reserved]

TAXES AND FEES

3.18.36

STATE TAXATION

(a) Subject only to applicable provisions of Pyramid Lake Paiute Tribe or federal law, no fee,

tax, assessment, levy or charge imposed by a State or political subdivision of a State shall

apply to any of the following leases executed under this Ordinance:

(1) Permanent improvements on land leased under a Lease;

(2) Activities under a Lease conducted on the leased premises; or

(3) The leasehold or possesso1y interest under a Lease.

(b) This Section shall prevent state taxation to the full extent that federal law would prevent

taxation had the lease been approved directly by the BIA.

impose fees or charges related to any of the rights, interest or activities cited in Section

(a) above.

(d) Nothing in this Section shall be interpreted to prohibit or otherwise limit the Tribe's ability

to enter agreements with state or local governments.

3.18.37

ADMINISTRATIVE FEES

(a) The Tribe may charge reasonable administrative fees to:

(I) Recover the Tribe's costs associated with processing an application for a Lease, whether

or not the application is approved; and

(2) For issuing a Lease, Sublease, Assignment, amendment, Leasehold Mo1igage, or other

administrative transaction.

(b) Payments shall be made to the Pyramid Lake Paiute Tribe Finance Depaiiment.

CERTIFICATION

I hereby certify that the Pyramid Lake Paiute Tribal Council, governing body of the Pyramid Lake

Paiute Tribe, composed of ten members, of whom nine (9) constituting a quorum were present at a

meeting duly held on the 5th day of February, 2021 adopted by the affirmative vote of eight (8) FOR

and zero (0) AGAINST, with zero (0) ABSTENTIONS, Resolution No.: PL 016-21 to adopt the

Pyramid Lake Paiute Tribe Trust Lands Business Leasing Ordinance, pursuant to the authority in the

Constitution of the Pyramid Lake Paiute Tribe.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.