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United States Code (Last Updated: May 24, 2014) |
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Title 25. INDIANS |
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Chapter 12. LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS |
§ 415. Leases of restricted lands
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(a) Authorized purposes; term; approval by Secretary Any restricted Indian lands, whether tribally, or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land located outside the boundaries of Indian reservations in the State of New Mexico, leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Pueblo of Santa Ana (with the exception of the lands known as the “Santa Ana Pueblo Spanish Grant”), the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Moapa Indian Reservation, the Swinomish Indian Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the Confederated Tribes of the Umatilla Indian Reservation, the Burns Paiute Reservation, the Coeur d’Alene Indian Reservation, the Kalispel Indian Reservation and land held in trust for the Kalispel Tribe of Indians, the Puyallup Tribe of Indians,, et seq.).
(4) Review process (A) In general Not later than 120 days after the date on which the tribal regulations described in paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations.
(B) Written documentation If the Secretary disapproves the tribal regulations described in paragraph (1), the Secretary shall include written documentation with the disapproval notification that describes the basis for the disapproval.
(C) Extension The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Indian tribe.
(5) Federal environmental review Notwithstanding paragraphs (3) and (4), if an Indian tribe carries out a project or activity funded by a Federal agency, the Indian tribe shall have the authority to rely on the environmental review process of the applicable Federal agency rather than any tribal environmental review process under this subsection.
(6) Documentation If an Indian tribe executes a lease pursuant to tribal regulations under paragraph (1), the Indian tribe shall provide the Secretary with— (A) a copy of the lease, including any amendments or renewals to the lease; and (B) in the case of tribal regulations or a lease that allows for lease payments to be made directly to the Indian tribe, documentation of the lease payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under paragraph (7). (7) Trust responsibility (A) In general The United States shall not be liable for losses sustained by any party to a lease executed pursuant to tribal regulations under paragraph (1).
(B) Authority of Secretary Pursuant to the authority of the Secretary to fulfill the trust obligation of the United States to the applicable Indian tribe under Federal law (including regulations), the Secretary may, upon reasonable notice from the applicable Indian tribe and at the discretion of the Secretary, enforce the provisions of, or cancel, any lease executed by the Indian tribe under paragraph (1).
(8) Compliance (A) In general An interested party, after exhausting of any applicable tribal remedies, may submit a petition to the Secretary, at such time and in such form as the Secretary determines to be appropriate, to review the compliance of the applicable Indian tribe with any tribal regulations approved by the Secretary under this subsection.
(B) Violations If, after carrying out a review under subparagraph (A), the Secretary determines that the tribal regulations were violated, the Secretary may take any action the Secretary determines to be necessary to remedy the violation, including rescinding the approval of the tribal regulations and reassuming responsibility for the approval of leases of tribal trust lands.
(C) Documentation If the Secretary determines that a violation of the tribal regulations has occurred and a remedy is necessary, the Secretary shall— (i) make a written determination with respect to the regulations that have been violated; (ii) provide the applicable Indian tribe with a written notice of the alleged violation together with such written determination; and (iii) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of lease approval responsibilities, provide the applicable Indian tribe with— (I) a hearing that is on the record; and (II) a reasonable opportunity to cure the alleged violation. (9) Savings clause Nothing in this subsection shall affect subsection (e) or any tribal regulations issued under that subsection.
References In Text
The Indian Self-Determination Act, referred to in subsec. (h)(3)(D), is title I of Pub. L. 93–638,
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2012—Subsec. (d)(4). Pub. L. 112–151, § 2(1)(A), substituted “an applicable Indian tribe” for “the Navajo Nation”.
Subsec. (d)(6). Pub. L. 112–151, § 2(1)(B), substituted “an Indian tribe” for “the Navajo Nation”.
Subsec. (d)(8). Pub. L. 112–151, § 2(1)(D)(i), (ii), struck out “the Navajo Nation” before “regulations” and substituted “with applicable tribal law” for “with Navajo Nation law”.
Subsec. (d)(9), (10). Pub. L. 112–151, § 2(1)(C), (D)(iii), (E), added pars. (9) and (10).
Subsec. (h). Pub. L. 112–151, § 2(2), added subsec. (h).
2011—Subsec. (a). Pub. L. 111–381 inserted “and lands held in trust for Ohkay Owingeh Pueblo” after “of land on the Devils Lake Sioux Reservation,”.
2010—Subsec. (a). Pub. L. 111–336, § 1(1), inserted “and land held in trust for the Kalispel Tribe of Indians, the Puyallup Tribe of Indians,” after “the Kalispel Indian Reservation”.
Pub. L. 111–334 inserted “land held in trust for the Coquille Indian Tribe, land held in trust for the Confederated Tribes of Siletz Indians, land held in trust for the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, land held in trust for the Klamath Tribes, and land held in trust for the Burns Paiute Tribe,” after “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,”.
Subsec. (b). Pub. L. 111–336, § 1(2), inserted “, the Puyallup Tribe of Indians, the Swinomish Indian Tribal Community, or the Kalispel Tribe of Indians” after “Tulalip Tribes”.
2008—Subsec. (a). Pub. L. 110–453, § 205(a), inserted “and lands held in trust for the Cow Creek Band of Umpqua Tribe of Indians,” after “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,”.
Pub. L. 110–453, § 204, inserted “and except leases of land held in trust for the Morongo Band of Mission Indians which may be for a term of not to exceed 50 years,” after “which may be for a term of not to exceed ninety-nine years,”.
Subsec. (f). Pub. L. 110–453, § 202, substituted “lease or construction contract, affecting” for “lease, affecting”.
2006—Subsec. (a). Pub. L. 109–221, in second sentence, substituted “Moapa Indian Reservation” for “Moapa Indian reservation” and “the lands comprising the Moses Allotment Numbered 8 and the Moses Allotment Numbered 10, Chelan County, Washington,” for “lands comprising the Moses Allotment Numbered 10, Chelan County, Washington,,” and inserted “the Confederated Tribes of the Umatilla Indian Reservation,” before “the Burns Paiute Reservation”, “the” before “Yavapai-Prescott”, “the Muckleshoot Indian Reservation and land held in trust for the Muckleshoot Indian Tribe,” after “the Cabazon Indian Reservation,”, “land held in trust for the Prairie Band Potawatomi Nation,” before “lands held in trust for the Cherokee Nation of Oklahoma”, “land held in trust for the Fallon Paiute Shoshone Tribes,” before “lands held in trust for the Pueblo of Santa Clara”, and “land held in trust for the Yurok Tribe, land held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria,” after “Pueblo of Santa Clara,”.
2005—Subsec. (f). Pub. L. 109–147 substituted “Any contract, including a lease, affecting land” for “Any lease entered into under sections 415 to 415d of this title, or any contract entered into under section 81 of this title, affecting land”, “such contract” for “such lease or contract”, and “Such contracts” for “Such leases or contracts entered into pursuant to such Acts”.
2004—Subsec. (g). Pub. L. 108–199 added subsec. (g).
2002—Subsec. (a). Pub. L. 107–331 inserted “lands held in trust for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria,” after “Pueblo of Santa Clara,”.
Subsec. (f). Pub. L. 107–159 added subsec. (f).
2001—Subsec. (a). Pub. L. 107–102 inserted “, the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon,” after “Spanish Grant’)” and “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon” before “, lands held in trust for the Cherokee Nation of Oklahoma”.
2000—Subsec. (a). Pub. L. 106–216 inserted “lands held in trust for the Torres Martinez Desert Cahuilla Indians, lands held in trust for the Guidiville Band of Pomo Indians of the Guidiville Indian Rancheria, lands held in trust for the Confederated Tribes of the Umatilla Indian Reservation” after “Sparks Indian Colony,”.
Subsec. (d)(3) to (8). Pub. L. 106–568, § 1203(1), added pars. (3) to (8).
Subsec. (e). Pub. L. 106–568, § 1203(2), added subsec. (e).
1998—Subsec. (a). Pub. L. 105–256, in second sentence, inserted “the Cabazon Indian Reservation,” after “the Navajo Reservation,” and “lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,” after “lands held in trust for the Cahuilla Band of Indians of California,”.
1996—Subsecs. (c), (d). Pub. L. 104–301 added subsecs. (c) and (d).
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 Amendment
Pub. L. 110–453, title II, § 205(b),
Pub. L. 109–221, title II, § 202(b),
Pub. L. 109–147, § 1(b),
Pub. L. 107–331, title X, § 1002(b),
Pub. L. 107–102, § 3,
Pub. L. 106–216, § 1(b),
Pub. L. 99–575, § 6(a),
Short Title Of Amendment
Pub. L. 112–151, § 1,
Pub. L. 106–568, title XII, § 1201,
Pub. L. 99–221, § 1,
Miscellaneous
Pub. L. 106–568, title XII, § 1202,