25 U.S.C. § 416a — Lease provisions

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 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 con- tain 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 ap- prove any lease with a term that is longer than is necessary in his judgment to obtain maximum economic benefits for the Indian owners. (Pub. L. 89–715, § 1, Nov. 2, 1966, 80 Stat. 1112.) § 416a. Lease provisions (a) Covenant not to cause waste, etc. Every lease entered into under section 416 of this title 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 subdivi- sion 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 com- petent 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 consid- ered within the meaning of ‘‘commerce’’ as de- fined and subject to the provisions of section 1 of title 9. 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 sec- tion 1331 of title 28. (Pub. L. 89–715, § 2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98–163, Nov. 22, 1983, 97 Stat. 1016; Pub. L. 108–329, § 1(a), Oct. 16, 2004, 118 Stat. 1274.) Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–329, in first sentence, substituted ‘‘Any contract, including a lease, affecting land’’ for ‘‘Any lease entered into under sections 416 to 416j or 415 to 415d of this title or any contract entered into under section 81 of this title, affecting land’’ and ‘‘such contract’’ for ‘‘such lease or contract’’ and, in second sentence, substituted ‘‘Such contracts’’ for ‘‘Such leases or contracts entered into pursuant to such sections’’. 1983—Subsec. (c). Pub. L. 98–163 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–329, § 1(b), Oct. 16, 2004, 118 Stat. 1274, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect as if included in the Indian Tribal Economic Development and Con- tract Encouragement Act of 2000 (Public Law 106–179).’’ § 416b. Development pursuant to lease (a) Notice requirements prior to approval of lease The Secretary of the Interior shall, before he approves any lease under sections 416 to 416j of this title for public, religious, educational, rec- reational, business, or residential purposes and