§ 415a TITLE 25—INDIANS Page 118

1994—Subsec. (a). Pub. L. 103–435 inserted ‘‘the Viejas

Indian Reservation,’’ after ‘‘Soboba Indian Reservation,’’ in second sentence.

1992—Subsec. (a). Pub. L. 102–497, in second sentence,

inserted ‘‘lands held in trust for the Pueblo of Santa

Clara, lands held in trust for the Confederated Tribes of

the Colville Reservation, lands held in trust for the

Cahuilla Band of Indians of California,’’ after ‘‘Oklahoma,’’.

1990—Subsec. (a). Pub. L. 101–630 inserted ‘‘the Mille

Lacs Indian Reservation with respect to a lease between an entity established by the Mille Lacs Band of

Chippewa Indians and the Minnesota Historical Society,’’ after ‘‘the Navajo Reservation,’’.

1986—Subsec. (a). Pub. L. 99–575 inserted ‘‘the Pueblo

of Santa Ana (with the exception of the lands known as

the ‘Santa Ana Pueblo Spanish Grant’)’’ after ‘‘the

Dania Reservation,’’.

Pub. L. 99–389 inserted ‘‘, and lands held in trust for

the Reno Sparks Indian Colony,’’.

Subsec. (b). Pub. L. 99–500 and Pub. L. 99–591 added cl.

(3).

1985—Pub. L. 99–221 inserted ‘‘, lands held in trust for

the Cherokee Nation of Oklahoma,’’.

1983—Subsec. (a). Pub. L. 98–203 inserted ‘‘, and lands

held in trust for the Las Vegas Paiute Tribe of Indians,’’.

Pub. L. 98–70 inserted ‘‘, and lands held in trust for

the Twenty-nine Palms Band of Luiseno Mission Indians, and the lands held in trust for the Confederated

Salish and Kootenai Tribes of the Flathead Reservation, Montana’’.

Pub. L. 97–459 struck out ‘‘and’’ before ‘‘leases of land

on the Agua Caliente’’ and authorized ninety-nine year

leases of land on the Devils Lake Sioux Reservation to

the Devils Lake Sioux Tribe or any organization of

such tribe.

1980—Subsec. (a). Pub. L. 96–491 inserted ‘‘the Moapa

Indian reservation’’.

Pub. L. 96–216 inserted provisions relating to lands

comprising the Moses Allotment Numbered 10, Chelan

County, Washington.

1972—Subsec. (a). Pub. L. 92–488 inserted ‘‘the Burns

Paiute Reservation,’’ after ‘‘the Fort Mojave Reservation,’’.

Pub. L. 92–472 inserted ‘‘the Coeur d’Alene Indian Reservation,’’ after ‘‘the Fort Mojave Reservation,’’.

Pub. L. 92–431 inserted provision excepting leases of

land located outside the boundaries of Indian reservations in State of New Mexico from the twenty-five year

time limit.

1971—Subsec. (a). Pub. L. 92–182 inserted ‘‘the Kalispel

Indian Reservation’’ after ‘‘the Fort Mojave Reservation’’.

1970—Subsec. (a). Pub. L. 91–557 inserted ‘‘the Soboba

Indian Reservation,’’ after ‘‘Gila River Reservation,’’.

Pub. L. 91–275 inserted ‘‘Yavapai-Prescott Community Reservation,’’ after ‘‘San Carlos Apache Reservation,’’ and inserted list of factors that the Secretary

must consider before approving a lease or an extension

of an existing lease.

Pub. L. 91–274, §§2, 3, designated existing provisions

as subsec. (a) and inserted ‘‘the Tulalip Indian Reservation,’’ after ‘‘the Gila River Reservation,’’.

Subsec. (b). Pub. L. 91–274, §3, added subsec. (b).

1968—Pub. L. 90–570 inserted ‘‘the pueblo of Cochiti,

the pueblo of Pojoaque, the pueblo of Tesuque, the

pueblo of Zuni,’’ after ‘‘Fort Mojava Reservation,’’.

Pub. L. 90–534 inserted ‘‘the Swinomish Indian Reservation,’’ after ‘‘Dania Reservation,’’.

Pub. L. 90–355 inserted ‘‘the Hualapai Reservation,’’

after ‘‘Fort Mojave Reservation,’’.

Pub. L. 90–335 inserted ‘‘the Spokane Reservation,’’

after ‘‘the Fort Mojave Reservation’’.

1967—Pub. L. 90–184 inserted ‘‘the San Carlos Apache

Reservation’’ after ‘‘Fort Mojave Reservation’’.

Pub. L. 90–182 inserted ‘‘the Gila Reservation,’’ after

‘‘Pyramid Lake Reservation’’.

1966—Pub. L. 89–408 inserted ‘‘the Pyramid Lake Reservation’’ after ‘‘Fort Mojave Reservation,’’.

1963—Pub. L. 88–167 inserted ‘‘the Fort Mojave Reservation,’’ after ‘‘Southern Ute Reservation’’.

1962—Pub. L. 87–785 authorized leases for not more

than 99 years of lands on Southern Ute Reservation.

1961—Pub. L. 87–375 authorized longer term leases of

Indian lands on Dania Reservation and excepted from

renewal leases the initial term of which extends for

more than 74 years.

1960—Pub. L. 86–505 authorized leases for not more

than 99 years of lands on Navajo Reservation.

1959—Pub. L. 86–326 substituted ‘‘except leases of land

on the Agua Caliente (Palm Springs) Reservation which

may be for a term of not to exceed ninety-nine years,

and except leases of land for grazing purposes which

may’’ for ‘‘excepting leases for grazing purposes, which

shall’’, in second sentence.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 6(a) of Pub. L. 99–575 provided in part that the

amendment made by Pub. L. 99–575 is effective Oct. 28,

1986.

SHORT TITLE OF 1985 AMENDMENT

Section 1 of Pub. L. 99–221 provided that: ‘‘This Act

[amending this section, section 450i of this title, section 3121 of Title 26, Internal Revenue Code, and section

410 of Title 42, The Public Health and Welfare, and enacting a provision set out as a note under section 410 of

Title 42] may be cited as the ‘Cherokee Leasing Act’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 415a, 415b, 415c,

415d, 416a, 941j, 1724, 1771e of this title.

§ 415a. Lease of lands of deceased Indians for

benefit of heirs or devisees

Restricted lands of deceased Indians may be

leased under sections 415 to 415d 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 any 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.

(Aug. 9, 1955, ch. 615, §2, 69 Stat. 539.)

§ 415b. Advance payment of rent or other consideration

No rent or other consideration for the use of

land leased under sections 415 to 415d of this

title shall be paid or collected more than one

year in advance, unless so provided in the lease.

(Aug. 9, 1955, ch. 615, §4, 69 Stat. 540.)

§ 415c. Approval of leases

The Secretary of the Interior shall approve no

lease pursuant to sections 415 to 415d 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.

(Aug. 9, 1955, ch. 615, §5, 69 Stat. 540.)

§ 415d. Lease of restricted lands under other laws

unaffected

Nothing contained in sections 415 to 415d of

this title shall be construed to repeal any authority to lease restricted Indian lands con-