On July 27, the Office of the Assistant Secretary – Indian Affairs (IA) and the Indian Health Service (IHS) issued a joint “Dear Tribal Leader” letter announcing consultation on Section 105(l) lease requirements and payments in order to improve lease administration, as required by Congress under the Consolidated Appropriations Act of 2021 (P.L. 116-260). In the DTLL, the agencies pose consultation questions on issues related to process, as well as facility size, with a goal of, “seeking to establish as consistent and transparent an approach as possible in their administration of 105(l) leases.” The agencies do appear to be considering some facility size limitations in an effort to control costs.

A virtual consultation will be held on Friday, August 27, from 1-4 pm ET. You can register for the consultation here. In addition, the agencies are accepting written comments via email to to consultation@bia.gov and consultation@ihs.gov through September 13, 2021.