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25 U.S.C. § 416iRestrictions

submitted 60 years ago by Pub. L. 89-715 to r/title-25-INDIANS · 229 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits what leasing power under sections 416 to 416j can and can't do. It doesn't let anyone sell, tax, or encumber trust land, though Arizona can still tax non-Indian leaseholders. It also leaves state probate jurisdiction, school district boundaries, and other leasing laws unchanged.

Sections 416 through 416j of this title do not do four things. (a) They don't authorize the alienation (sale), 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 federal restriction against alienation, or any income from that property. This doesn't affect the leasing power under section 416 or the dedication power under section 416f, and it doesn't affect or reduce the 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-Maricopa Reservations that aren't owned by Papago or Pima-Maricopa Indians living there. (b) They don't give the State of Arizona jurisdiction to decide, in probate proceedings or otherwise, who owns or has the right to possess trust or restricted property or any interest in it. (c) They don't alter or reduce, in any way, the authority of public school districts to include areas within the San Xavier and Salt River Pima-Maricopa Reservations. (d) They must not be read to repeal any other law's authority to lease or mortgage trust or restricted Indian lands.
the actual law source: uscode.house.gov ↗public domain

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 restriction against alienation imposed by the United States, or any income therefrom: Provided, 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-Maricopa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon;

(b)

confer jurisdiction on the State of Arizona 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.

Source credit: (Pub. L. 89–715, § 10, Nov. 2, 1966, 80 Stat. 1113.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-715 · 80 Stat. 1113

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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