§ 416d TITLE 25—INDIANS Page 120

Maricopa Reservations may be leased under sections 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 Secretary under this section is delegated to a subordinate 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 consideration

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 responsibilities 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 restricted 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 Arizona that are applicable to the dedication of

land for public purposes.

(Pub. L. 89–715, §7, Nov. 2, 1966, 80 Stat. 1113.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 416i of this title.

§ 416g. Contract for water, sewerage, law enforcement, or other public services

The Papago Council and the Salt River PimaMaricopa Community Council, with the approval of the Secretary of the Interior, may contract with the State of Arizona or its political

subdivisions for the furnishing of water, sewerage, 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 PimaMaricopa Community Council, with the consent

of the Secretary of the Interior, are hereby authorized, 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 particular lands, and said councils may contract

with local municipalities for assistance in preparing 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 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 PimaMaricopa 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.)

§ 416j. Mission San Xavier del Bac

Nothing in sections 416 to 416j of this title

shall authorize the Secretary to approve any development which would detract from the scenic,

historic, and religious values of the Mission San

Xavier del Bac owned by the Franciscan Order of

Friars Minor and located on the San Xavier Reservation.

(Pub. L. 89–715, §11, Nov. 2, 1966, 80 Stat. 1114.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 416, 416a, 416b,

416c, 416d, 416e, 416h, 416i of this title.

CHAPTER 13—CEDED INDIAN LANDS

§§ 421 to 427. Transferred

CODIFICATION

Section 421, act May 17, 1900, ch. 479, §1, 31 Stat. 179,

which provided for free homesteads to settlers, commutation rights, and payments to Indians, was transferred to section 179 of Title 43, Public Lands.

Section 422, act Jan. 26, 1901, ch. 180, 31 Stat. 740,

which related to right of settlers to commute entry,

was transferred to section 180 of Title 43.

Section 423, act May 22, 1902, ch. 821, §2, 32 Stat. 203,

which related to second homestead entry by certain

settlers, was transferred to section 187b of Title 43.

Section 424, act Mar. 3, 1901, ch. 832, §1, 31 Stat. 1077,

which related to negotiations for cession of lands, was

transferred to section 1195 of Title 43.

Section 425, act June 6, 1912, ch. 155, 37 Stat. 125,

which related to classification and appraisement of un-