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25 U.S.C. § 416Leases 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

submitted 60 years ago by Pub. L. 89-715 to r/title-25-INDIANS · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

Indian owners on the San Xavier and Salt River Pima-Maricopa Reservations can lease their trust or restricted land. The Secretary of the Interior must approve it, and the lease cannot cover anything governed by separate Indian mining-lease laws. Lease terms are capped by purpose, from 10 years for grazing up to 99 years for most other uses.

This section has no lettered subsections. It is one continuous provision covering several rules about leasing land on two specific reservations. Trust or restricted Indian land — whether owned by a tribe or by individuals — located on the San Xavier Indian Reservation or the Salt River Pima-Maricopa Indian Reservation, both in Arizona, can be leased by the Indian owners, with the approval of the Secretary of the Interior. Allowed purposes are public, religious, educational, recreational, residential, or business use, including developing or using natural resources as part of the lease, plus farming and grazing. One kind of lease is off-limits: this section (and the related sections 416 through 416j) cannot be used for anything that is instead covered by separate laws governing mining leases on Indian land. Term limits depend on the purpose. A grazing lease cannot run longer than 10 years. A farming lease that does not require a big investment to improve the land also cannot run longer than 10 years. A farming lease that does require a big investment to improve the land can run up to 40 years. Any other lease — such as for homes, business, or public use — can run up to 99 years. No lease can include a renewal option that, if used, would push the total lease time beyond these maximum terms. Finally, the Secretary of the Interior cannot approve a lease with a term longer than what the Secretary judges necessary to get the maximum economic benefit for the Indian owners, even if a longer term would otherwise be allowed under the limits above.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Pub. L. 89–715, § 1, Nov. 2, 1966, 80 Stat. 1112.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-715 · 80 Stat. 1112

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-715 on 1966-11-02.

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