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25 U.S.C. § 416i — Restrictions

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 416i — Restrictions

Nothing contained in sections 416 to 416j of this title shall— **(a)** authorize the alienation, encumbrance, or taxation of any interest in real or personal property, including water rights, held in trust by the United States or held by an individual Indian, the Papago Tribe or the Salt River Pima-Maricopa Community subject to a restriction against alienation imposed by the United States, or any income therefrom: Provided, That the foregoing shall not affect the power to lease as provided in [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416&num=0&edition=prelim) or the power to dedicate as provided in [section 416f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416f&num=0&edition=prelim) and shall not affect or abridge any right of the State of Arizona or its political subdivisions to tax non-Indian leasehold and possessory interests, buildings, improvements and personal property located on the San Xavier and Salt River Pima-Maricopa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon; **(b)** confer jurisdiction on the State of Arizona to adjudicate in probate proceedings or otherwise the ownership or right to possession of trust or restricted property or any interests therein; **(c)** alter or abridge in any way the authority of public school districts to include areas within the San Xavier and Salt River Pima-Maricopa Reservation; **(d)** be construed to repeal any authority to lease or mortgage trust or restricted Indian lands conferred by or pursuant to any other provision of law.

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Source file: Laws/federal/codes/united-states-code/title-25/section-416i-restrictions--e6bdda05dc.md
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Source location: Title 25, Chapter 12, § 416i; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md

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Nothing contained in sections 416 to 416j of this title shall— **(a)** authorize the alienation, encumbrance, or taxation of any interest in real or personal property, including water rights, held in trust by the United States or held by an individual Indian, the Papago Tribe or the Salt River Pima-Maricopa Community subject to a restriction against alienation imposed by the United States, or any income therefrom: Provided, That the foregoing shall not affect the power to lease as provided in [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416&num=0&edition=prelim) or the power to dedicate as provided in [section 416f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416f&num=0&edition=prelim) and shall not affect or abridge any right of the State of Arizona or its political subdivisions to tax non-Indian leasehold and possessory interests, buildings, improvements and personal property located on the San Xavier and Salt River Pima-Maricopa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon; **(b)** confer jurisdiction on the State of Arizona to adjudicate in probate proceedings or otherwise the ownership or right to possession of trust or restricted property or any interests therein; **(c)** alter or abridge in any way the authority of public school districts to include areas within the San Xavier and Salt River Pima-Maricopa Reservation; **(d)** be construed to repeal any authority to lease or mortgage trust or restricted Indian lands conferred by or pursuant to any other provision of law.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 416f — Dedication of land for public purposes

Individual or tribal owners of trust or restricted Indian land on the San Xavier and Salt River Pima-Maricopa Reservations may, with the approval of the Secretary, dedicate land to the public for streets, alleys, or other public purposes under those laws of the State of Arizona that are applicable to the dedication of land for public purposes.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 416 — Leases of trust or restricted lands on San Xavier and Salt River Pima-Maricopa Indian Reservations for public, religious, educational, recreational, residential, business, farming or grazing purposes

Any trust or restricted Indian lands, whether tribally or individually owned, located on the San Xavier Indian Reservation and the Salt River Pima-Maricopa Indian Reservation, in the State of Arizona, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, business, farming or grazing purposes, including the development or utilization of natural resources in connection with operations under such leases, but no lease shall be executed under sections 416 to 416j of this title for purposes that are subject to the laws governing mining leases on Indian lands. The term of a grazing lease shall not exceed ten years, the term of a farming lease that does not require the making of a substantial investment in the improvement of the land shall not exceed ten years, and the term of a farming lease that requires the making of a substantial investment in the improvement of the land shall not exceed forty years. The term of any other lease shall not exceed ninety-nine years. No lease shall contain an option to renew which, if exercised, will extend the total term beyond the maximum term permitted by sections 416 to 416j of this title. The Secretary of the Interior shall not approve any lease with a term that is longer than is necessary in his judgment to obtain maximum economic benefits for the Indian owners.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 416

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 416i — Restrictions

Page 136 TITLE 25—INDIANS § 416c if he determines that such lease will substan- tially affect the governmental interests of a mu- nicipality described hereunder, notify the appro- priate authorities of any municipality contig- uous to the San Xavier or Salt River Pima-Mari- copa Reservation, as the case may be, of the pendency of the proposed lease and, in his dis- cretion, furnish them with an outline of the major provisions of the lease which affect such governmental interests and shall consider any comments on the terms of the lease affecting the municipality, or on the absence of such terms from the lease, that such authorities may offer within such reasonable period, but not more than thirty days, as the Secretary may prescribe in his notice to them. (b) Development by non-Indian lessees It is the intent of the Congress that the terms under which lands located on the San Xavier and Salt River Pima-Maricopa Reservations are de- veloped by non-Indian lessees shall, to the ex- tent reasonably possible, be similar to those ap- plicable under State or local law to the develop- ment of non-Indian lands in the municipalities contiguous thereto. (Pub. L. 89–715, § 3, Nov. 2, 1966, 80 Stat. 1112.) § 416c. Lease of lands of deceased Indians for benefit of heirs or devisees Trust or restricted lands of deceased Indians located on the San Xavier and Salt River Pima- Maricopa Reservations may be leased under sec- tions 416 to 416j of this title, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in section 380 of this title: Provided, That if the authority of the Sec- retary under this section is delegated to a subor- dinate official, then any heir or devisee shall have the right to appeal the action of any suc

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 416i

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