An Act to authorize long-term leases on the Papago Indian Reservation
PL 89-715 (H.R.7648), enacted 11/02/1966

1112 
PUBLIC LAW 89-715-NOV. 2, 1966 
[80 
STAT. 
November 2, 1966 
[H. R. 7648] 
Public Law 89-715 
AN ACT 
To authorize long-term leases on the San Xavier and Salt River Pima-Maricopa 
Indian Reservations, and for other purposes. 
San Xavier and 
Salt River Pima-
Maricopa Indian 
Reservations. 
Leases. 
Covenant pro-
vision. 
Right to bring 
suit in U.S. Dis-
trict Court. 
Notification of 
lease provisions. 
Non-Indian 
l e s s e e s . 
Be it enacted hy the Senate and Hou^e of Representatives 
of the 
United States of America 171 Congress assembled, That 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 this Act for pur-
poses 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 sub-
stantial 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 this Act. 
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. 
SEC. 2. (a) Every lease entered into under the first section of this 
Act 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) The State of Arizona, or any political subdivision thereof con-
tiguous with the San Xavier or Salt River Pima-Maricopa Indian 
Reservation, may bring suit, without regard to the amount in con-
troversy, in the United States District Court for the District of 
Arizona to abate or enjoin any violation of the covenant required 
under section 2(a) of this Act: 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. 
SEC. 3. (a) The Secretary of the Interior shall, before he approves 
any lease under this Act 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 munici-
pality 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 pro-
visions 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 m his notice to them. 
(b) 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 
80 STAT. ] 
PUBLIC LAW 89-715-NOV. 2, 1966 
1113 
Lands of de-
ceased Indians. 
Payment of rent. 
Land for public 
purposes. 
Contract for 
water, sewerage, 
etc. 
law to the development of non-Indian lands in the municipalities 
contiguous thereto. 
SEC. 4. Trust or restricted lands of deceased Indians located on the 
San Xavier and Salt River Pima-Maricopa Reservations may be leased 
under this Act, for the benefit of their heirs or devisees, in the cir-
cumstances and by the persons prescribed in the Act of July 8, 1940 
(54 Stat. 745; 25 U.S.C. 380) : 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. 
SEC. 5. No rent or other consideration for the use of land leased 
under this Act shall be paid or collected more than one year in ad-
vance, unless so provided m the lease. 
SEC. 6. The Secretary of the Interior shall approve no lease pur-
suant to this Act 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. 
SEC. 7. 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. 
SEC.N 8. The Papago Council and the Salt River Pima-Maricopa 
Community Council, with the approval of the Secretary of the In-
terior, may contract with the State of Arizona or its political sub-
divisions tor the furnishing of water, sewerage, law enforcement, or 
other public services on terms and conditions deemed advantageous 
to the tribe and individual Indian landowners. 
SEC. 9. The Papago Council and the Salt River Pima-Maricopa ij^^°gj"^ re'^u^a-^'^" 
Community Council, with the consent of the Secretary of the Interior, uons. 
are hereby authorized, for their respective reservations, to enact zon-
ing, building, and sanitary regulations covering the lands on their 
reservations for which leasing authority is granted by this Act 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. 
SEC. 10. Nothmg contained in this Act 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 sub-
ject 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 the first section 
of this Act or the power to dedicate as provided in section 7 of 
this Act 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 per^^onal 
property located on the San Xavier and Salt River Pima-Mari-
copa 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 pos-
session of trust or restricted property or any interests therein; 
(c) al^er or abridge in any way the authority of public school 
districts to include areas within the San Xavier and Sa^t R'ver 
Pima-JNIaricopa Reservation; 
Restrictions. 
1114 
PUBLIC LAW 89-716-NOV. 2, 1966 
[80 
STAT. 
Mission San 
Xavier del Bac. 
(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. 
SEC. 11. Nothing in this Act shall authorize the Secretary to ap-
prove 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. 
Approved November 2, 1966. 
November 2, 1966 
[H. R.7973] 
Public Law 89-716 
AN ACT 
To amend section 4339 of title 10, United States Code. 
U.S. Military 
Academy. 
70A Stat. 240. 
Be it enacted by the Senate and House of Representatives 
of the 
United /States of America In Congress assembled, That section 4339 
of title 10, United States Code, is repealed. 
SEC. 2. The organist and choirmaster and the civilian instructors in 
the departments of foreign languages and tactics at the United States 
Military Academy who are serving under appointments made prior 
to January 17, 1963, are entitled to public quarters without charge, 
and to fuel and light without charge when they occupy public 
quarters. 
Approved November 2, 1966. 
November 2, 1966 
[H. R. 8917] 
Public Law 89-717 
AN ACT 
To provide for the disposition of funds appropriated to pay a judgment in favor 
of the Omaha Tribe of Nebraska, and for other purposes. 
Omaha Tribe of 
Indians. 
Judgement funds. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America In Congress assembled, That from the funds 
on deposit in the Treasury of the United States to the credit of the 
Omaha Tribe of Nebraska that were appropriated by the Act of June 
9, 1964, to pay a judgment obtained by the tribe in Indian Claims 
Commission docket numbered 138, after deduction of attorney fees, 
litigation expenses, and such sums as may be required to distribute 
individual shares, the Secretary of the Interior shall make a per 
capita distribution of no more than $270 to each person living on the 
date of this Act whose name appears on the roll of the tribe prepared 
pursuant to Section 1 of the Act of September 14, 1961 (75 Stat. 508), 
and to each child living on the date of this Act who was born after 
September 14,1961, and who possesses aboriginal Omaha blood of the 
degree of one-fourth or more except for any such child who is enrolled 
with any other tribe of Indians. 
The balance of such funds, and the 
interest thereon, may be advanced or expended for any purpose that