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

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 such official to the Secretary under such rules and regulations as he may prescribe. (Pub. L. 89–715, § 4, Nov. 2, 1966, 80 Stat. 1113.) § 416d. Advance payment of rent or other consid- eration No rent or other consideration for the use of land leased under sections 416 to 416j of this title shall be paid or collected more than one year in advance, unless so provided in the lease. (Pub. L. 89–715, § 5, Nov. 2, 1966, 80 Stat. 1113.) § 416e. Approval of leases The Secretary of the Interior shall approve no lease pursuant to sections 416 to 416j of this title that contains any provision that will prevent or delay a termination of Federal trust responsibil- ities with respect to the land during the term of the lease. (Pub. L. 89–715, § 6, Nov. 2, 1966, 80 Stat. 1113.) § 416f. Dedication of land for public purposes Individual or tribal owners of trust or re- stricted 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 Ari- zona that are applicable to the dedication of land for public purposes. (Pub. L. 89–715, § 7, Nov. 2, 1966, 80 Stat. 1113.) § 416g. Contract for water, sewerage, law en- forcement, or other public services The Papago Council and the Salt River Pima- Maricopa Community Council, with the ap- proval of the Secretary of the Interior, may con- tract with the State of Arizona or its political subdivisions for the furnishing of water, sewer- age, law enforcement, or other public services on terms and conditions deemed advantageous to the tribe and individual Indian landowners. (Pub. L. 89–715, § 8, Nov. 2, 1966, 80 Stat. 1113.) § 416h. Zoning, building, and sanitary regulations The Papago Council and the Salt River Pima- Maricopa Community Council, with the consent of the Secretary of the Interior, are hereby au- thorized, for their respective reservations, to enact zoning, building, and sanitary regulations covering the lands on their reservations for which leasing authority is granted by sections 416 to 416j of this title in the absence of State civil and criminal jurisdiction over such par- ticular lands, and said councils may contract with local municipalities for assistance in pre- paring such regulations. (Pub. L. 89–715, § 9, Nov. 2, 1966, 80 Stat. 1113.) § 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 re- striction against alienation imposed by the United States, or any income therefrom: Pro- vided, That the foregoing shall not affect the power to lease as provided in section 416 of this title or the power to dedicate as provided in section 416f of this title 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-Mari- copa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon; (b) confer jurisdiction on the State of Ari- zona 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. (Pub. L. 89–715, § 10, Nov. 2, 1966, 80 Stat. 1113.)