Page 119 TITLE 25—INDIANS § 416c

ferred by or pursuant to any other provision of

law.

(Aug. 9, 1955, ch. 615, §6, 69 Stat. 540.)

SECTION REFERRED TO IN OTHER SECTIONS

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

416a, 1724, 1771e of this title.

§ 416. Leases of trust or restricted lands on San

Xavier and Salt River Pima-Maricopa Indian

Reservations for public, religious, educational, recreational, residential, business,

farming or grazing purposes

Any trust or restricted Indian lands, whether

tribally or individually owned, located on the

San Xavier Indian Reservation and the Salt

River Pima-Maricopa Indian Reservation, in the

State of Arizona, may be leased by the Indian

owners, with the approval of the Secretary of

the Interior, for public, religious, educational,

recreational, residential, business, farming or

grazing purposes, including the development or

utilization of natural resources in connection

with operations under such leases, but no lease

shall be executed under sections 416 to 416j of

this title for purposes that are subject to the

laws governing mining leases on Indian lands.

The term of a grazing lease shall not exceed ten

years, the term of a farming lease that does not

require the making of a substantial investment

in the improvement of the land shall not exceed

ten years, and the term of a farming lease that

requires the making of a substantial investment

in the improvement of the land shall not exceed

forty years. The term of any other lease shall

not exceed ninety-nine years. No lease shall contain an option to renew which, if exercised, will

extend the total term beyond the maximum

term permitted by sections 416 to 416j of this

title. The Secretary of the Interior shall not approve any lease with a term that is longer than

is necessary in his judgment to obtain maximum

economic benefits for the Indian owners.

(Pub. L. 89–715, §1, Nov. 2, 1966, 80 Stat. 1112.)

SECTION REFERRED TO IN OTHER SECTIONS

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

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

§ 416a. Lease provisions

(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) of this section: 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 lease entered into under sections 416 to

416j or 415 to 415d of this title or any contract

entered into under section 81 of this title, affecting land within the Salt River Pima-Maricopa

Indian Reservation may contain a provision for

the binding arbitration of disputes arising out of

such lease or contract. Such leases or contracts

entered into pursuant to such sections 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.

(Pub. L. 89–715, §2, Nov. 2, 1966, 80 Stat. 1112;

Pub. L. 98–163, Nov. 22, 1983, 97 Stat. 1016.)

AMENDMENTS

1983—Subsec. (c). Pub. L. 98–163 added subsec. (c).

§ 416b. Development pursuant to lease

(a) Notice requirements prior to approval of

lease

The Secretary of the Interior shall, before he

approves any lease under sections 416 to 416j of

this title for public, religious, educational, recreational, business, or residential purposes and

if he determines that such lease will substantially affect the governmental interests of a municipality described hereunder, notify the appropriate authorities of any municipality contiguous to the San Xavier or Salt River Pima-Maricopa Reservation, as the case may be, of the

pendency of the proposed lease and, in his discretion, furnish them with an outline of the

major provisions of the lease which affect such

governmental interests and shall consider any

comments on the terms of the lease affecting

the municipality, or on the absence of such

terms from the lease, that such authorities may

offer within such reasonable period, but not

more than thirty days, as the Secretary may

prescribe in his notice to them.

(b) Development by non-Indian lessees

It is the intent of the Congress that the terms

under which lands located on the San Xavier and

Salt River Pima-Maricopa Reservations are developed by non-Indian lessees shall, to the extent reasonably possible, be similar to those applicable under State or local law to the development of non-Indian lands in the municipalities

contiguous thereto.

(Pub. L. 89–715, §3, Nov. 2, 1966, 80 Stat. 1112.)

§ 416c. Lease of lands of deceased Indians for

benefit of heirs or devisees

Trust or restricted lands of deceased Indians

located on the San Xavier and Salt River Pima-