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25 U.S.C. § 416aLease provisions

submitted 60 years ago by Pub. L. 89-715 to r/title-25-INDIANS · 302 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for leases on the San Xavier and Salt River reservations. Tenants must promise not to damage the land, create hazards, or cause a nuisance. Arizona or nearby towns can sue to stop violations, and contracts may use binding arbitration instead.

(a) Covenant not to cause waste, etc. Every lease made under section 416 of this title must include a promise from the tenant (lessee). The tenant promises not to commit or permit any act on the leased land that causes waste, creates a nuisance, or creates a hazard to the health of any person or property — wherever that person or property may be. (b) Judicial enforcement The State of Arizona, or any of its political subdivisions contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may sue to stop or prevent a violation of that covenant. They can file in the U.S. District Court for the District of Arizona, without regard to how much money is at stake. If that federal court decides it lacks jurisdiction — because of who the parties are and what law applies — the suit may instead be brought in a court of competent jurisdiction in Arizona. (c) Binding arbitration of disputes Any contract affecting land within the Salt River Pima-Maricopa Indian Reservation, including a lease, may include a provision for binding arbitration of disputes. Such contracts count as "commerce" as defined in section 1 of title 9 (the Federal Arbitration Act) and are subject to its provisions. Refusing to submit to arbitration under a binding arbitration agreement, or refusing to honor a right under title 9 to abide by an arbitration outcome under chapter 1 of title 9 (sections 1 through 14), is treated as a civil action arising under the Constitution, laws, or treaties of the United States — meaning it falls within section 1331 of title 28.
the actual law source: uscode.house.gov ↗public domain
(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 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. 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-715 · 80 Stat. 1112
  • 1983Amended · Pub. L. 98-163 · 97 Stat. 1016
  • 2004Amended · Pub. L. 108-329 · 118 Stat. 1274

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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