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25 U.S.C. § 416a — Lease provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Covenant not to cause waste, etc.** Every lease entered into under [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416&num=0&edition=prelim) shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be.
**(b) Judicial enforcement** The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a): Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona.
**(c) Binding arbitration of disputes** Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. Such contracts shall be considered within the meaning of “commerce” as defined and subject to the provisions of [section 1 of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section1&num=0&edition=prelim). Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sec
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Source file: Laws/federal/codes/united-states-code/title-25/section-416a-lease-provisions--4175022e72.md
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Source location: Title 25, Chapter 12, § 416a; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md
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**(a) Covenant not to cause waste, etc.** Every lease entered into under [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416&num=0&edition=prelim) shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be.
**(b) Judicial enforcement** The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a): Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona.
**(c) Binding arbitration of disputes** Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. Such contracts shall be considered within the meaning of “commerce” as defined and subject to the provisions of [section 1 of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section1&num=0&edition=prelim). Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of [section 1331 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1331&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
“Maritime transactions”, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; “commerce”, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.
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Federal law — U.S. Code and appendices · legal_authorities
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.
(2) The term “Indian tribe” has the meaning given that term in [section 5304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim).
(3) The term “Secretary” means the Secretary of the Interior.
**(b) Approval** No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary.
**(c) Exception** Subsection (b) shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection.
**(d) Unapproved agreements** The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) if the Secretary (or a designee of the Secretary) determines that the agreement or contract—
(1) violates Federal law; or
(2) does not include a provision that—
(A) provides for remedies in the case of a breach of the agreement or contract;
(B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or
(C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 81
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Federal law — U.S. Code and appendices · legal_authorities
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
Page 135
TITLE 25—INDIANS
§ 416b
§ 415b. Advance payment of rent or other consid-
eration
No rent or other consideration for the use of
land leased under sections 415 to 415d of this
title shall be paid or collected more than one
year in advance, unless so provided in the lease.
(Aug. 9, 1955, ch. 615, § 4, 69 Stat. 540.)
§ 415c. Approval of leases
The Secretary of the Interior shall approve no
lease pursuant to sections 415 to 415d of this
title that contains any provision that will pre-
vent or delay a termination of Federal trust re-
sponsibilities with respect to the land during
the term of the lease.
(Aug. 9, 1955, ch. 615, § 5, 69 Stat. 540.)
§ 415d. Lease of restricted lands under other laws
unaffected
Nothing contained in sections 415 to 415d of
this title shall be construed to repeal any au-
thority to lease restricted Indian lands con-
ferred by or pursuant to any other provision of
law.
(Aug. 9, 1955, ch. 615, § 6, 69 Stat. 540.)
§ 416. Leases of trust or restricted lands on San
Xavier and Salt River Pima-Maricopa Indian
Reservations
for
public,
religious,
edu-
cational, 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 s
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 416a
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