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25 U.S.C. § 402Leases of surplus lands

submitted 132 years ago by ch. 290 to r/title-25-INDIANS · 47 words · no verdicts yet

in plain englishAI-generated · not legal advice

Tribal councils may lease their tribe's surplus land for farming. These leases must follow the same rules and time limits used for grazing leases on August 15, 1894.

This section lets a tribe's council lease out the tribe's "surplus lands" — land the tribe has beyond what individual members hold — for farming. The council does not need a new set of rules to do this. Instead, farming leases must follow the same rules, regulations, and length of lease term that applied to grazing leases as of August 15, 1894. That date locks in the older grazing-lease framework as the model: whatever rules and time limits governed how a grazing lease could be made, and how long it could run, apply the same way to a farming lease under this section. The section does not create new standards just for farming leases — it extends the existing grazing-lease rules to cover farming too. It also does not spell out what those 1894 grazing-lease rules actually were; this section does not define them itself, so knowing the exact terms and time limits allowed requires looking at the grazing-lease law that was in effect on that date.
the actual law source: uscode.house.gov ↗public domain

The surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as was on August 15, 1894, allowed in the case of leases for grazing purposes.

Source credit: (Aug. 15, 1894, ch. 290, § 1, 28 Stat. 305.)

history & why it existsrecord from the source credit
  • 1894Enacted · Act of Aug. 15, 1894, ch. 290 · 28 Stat. 305

A history note hasn’t been published yet. The record shows enactment by ch. 290 on 1894-08-15.

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