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U.S. Code as of:
01/19/04
Section 415. Leases of restricted lands
(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,(!1) the Swinomish Indian Reservation, the
Southern Ute Reservation, the Fort Mojave Reservation, the Burns
Paiute Reservation, the Coeur d'Alene Indian Reservation, the
Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai
Reservation, the Spokane Reservation, the San Carlos Apache
Reservation, Yavapai-Prescott (!2) Community Reservation, the
Pyramid Lake Reservation, the Gila River Reservation, the Soboba
Indian Reservation, the Viejas Indian Reservation, the Tulalip
Indian Reservation, the Navajo Reservation, the Cabazon Indian
Reservation, 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, leases of
the lands comprising the Moses Allotment Numbered 10, Chelan
County, Washington,,(!1) and lands held in trust for the Las Vegas
Paiute Tribe of Indians, and lands held in trust for the
Twenty-nine Palms Band of Luiseno Mission Indians, and lands held
in trust for the Reno Sparks Indian Colony, 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, lands held in trust for the
Confederated Tribes of the Warm Springs Reservation of Oregon,
lands held in trust for the Cherokee Nation of Oklahoma, lands held
in trust for the Pueblo of Santa Clara, lands held in trust for the
Yurok Tribe, lands held in trust for the Hopland Band of Pomo
Indians of the Hopland Rancheria, lands held in trust for the
Confederated Tribes of the Colville Reservation, lands held in
trust for the Cahuilla Band of Indians of California, lands held in
trust for the Confederated Tribes of the Grand Ronde Community of
Oregon, and the lands held in trust for the Confederated Salish and
Kootenai Tribes of the Flathead Reservation, Montana, and leases to
the Devils Lake Sioux Tribe, or any organization of such tribe, of
land on the Devils Lake Sioux Reservation, which may be for a term
of not to exceed ninety-nine years, and except leases of land for
grazing purposes which may be for a term of not to exceed ten
years. Leases for public, religious, educational, recreational,
residential, or business purposes (except leases the initial term
of which extends for more than seventy-four years) with the consent
of both parties may include provisions authorizing their renewal
for one additional term of not to exceed twenty-five years, and all
leases and renewals shall be made under such terms and regulations
as may be prescribed by the Secretary of the Interior. Prior to
approval of any lease or extension of an existing lease pursuant to
this section, the Secretary of the Interior shall first satisfy
himself that adequate consideration has been given to the
relationship between the use of the leased lands and the use of
neighboring lands; the height, quality, and safety of any
structures or other facilities to be constructed on such lands; the
availability of police and fire protection and other services; the
availability of judicial forums for all criminal and civil causes
arising on the leased lands; and the effect on the environment of
the uses to which the leased lands will be subject.
(b) Leases involving Tulalip Tribes
Any lease by the Tulalip Tribes under subsection (a) of this
section, except a lease for the exploitation of any natural
resource, shall not require the approval of the Secretary of the
Interior (1) if the term of the lease does not exceed fifteen
years, with no option to renew, (2) if the term of the lease does
not exceed thirty years, with no option to renew, and the lease is
executed pursuant to tribal regulations previously approved by the
Secretary of the Interior, or (3) if the term does not exceed
seventy-five years (including options to renew), and the lease is
executed under tribal regulations approved by the Secretary under
this clause (3).
(c) Leases involving Hopi Tribe and Hopi Partitioned Lands
Accommodation Agreement
Notwithstanding subsection (a) of this section, a lease of land
by the Hopi Tribe to Navajo Indians on the Hopi Partitioned Lands
may be for a term of 75 years, and may be extended at the
conclusion of the term of the lease.
(d) Definitions
For purposes of this section -
(1) the term "Hopi Partitioned Lands" means lands located in
the Hopi Partitioned Area, as defined in section 168.1(g) of
title 25, Code of Federal Regulations (as in effect on October
11, 1996);
(2) the term "Navajo Indians" means members of the Navajo
Tribe;
(3) the term "individually owned Navajo Indian allotted land"
means a single parcel of land that -
(A) is located within the jurisdiction of the Navajo Nation;
(B) is held in trust or restricted status by the United
States for the benefit of Navajo Indians or members of another
Indian tribe; and
(C) was -
(i) allotted to a Navajo Indian; or
(ii) taken into trust or restricted status by the United
States for an individual Indian;
(4) the term "interested party" means an Indian or non-Indian
individual or corporation, or tribal or non-tribal government
whose interests could be adversely affected by a tribal trust
land leasing decision made by the Navajo Nation;
(5) the term "Navajo Nation" means the Navajo Nation government
that is in existence on August 9, 1955, or its successor;
(6) the term "petition" means a written request submitted to
the Secretary for the review of an action (or inaction) of the
Navajo Nation that is claimed to be in violation of the approved
tribal leasing regulations;
(7) the term "Secretary" means the Secretary of the Interior;
and
(8) the term "tribal regulations" means the Navajo Nation
regulations enacted in accordance with Navajo Nation law and
approved by the Secretary.
(e) Leases of restricted lands for the Navajo Nation
(1) Any leases by the Navajo Nation for purposes authorized under
subsection (a) of this section, and any amendments thereto, except
a lease for the exploration, development, or extraction of any
mineral resources, shall not require the approval of the Secretary
if the lease is executed under the tribal regulations approved by
the Secretary under this subsection and the term of the lease does
not exceed -
(A) in the case of a business or agricultural lease, 25 years,
except that any such lease may include an option to renew for up
to two additional terms, each of which may not exceed 25 years;
and
(B) in the case of a lease for public, religious, educational,
recreational, or residential purposes, 75 years if such a term is
provided for by the Navajo Nation through the promulgation of
regulations.
(2) Paragraph (1) shall not apply to individually owned Navajo
Indian allotted land.
(3) The Secretary shall have the authority to approve or
disapprove tribal regulations referred to under paragraph (1). The
Secretary shall approve such tribal regulations if such regulations
are consistent with the regulations of the Secretary under
subsection (a) of this section, and any amendments thereto, and
provide for an environmental review process. The Secretary shall
review and approve or disapprove the regulations of the Navajo
Nation within 120 days of the submission of such regulations to the
Secretary. Any disapproval of such regulations by the Secretary
shall be accompanied by written documentation that sets forth the
basis for the disapproval. Such 120-day period may be extended by
the Secretary after consultation with the Navajo Nation.
(4) If the Navajo Nation has executed a lease pursuant to tribal
regulations under paragraph (1), the Navajo Nation shall provide
the Secretary with -
(A) a copy of the lease and all amendments and renewals
thereto; and
(B) in the case of regulations or a lease that permits payment
to be made directly to the Navajo Nation, documentation of the
lease payments sufficient to enable the Secretary to discharge
the trust responsibility of the United States under paragraph
(5).
(5) The United States shall not be liable for losses sustained by
any party to a lease executed pursuant to tribal regulations under
paragraph (1), including the Navajo Nation. Nothing in this
paragraph shall be construed to diminish the authority of the
Secretary to take appropriate actions, including the cancellation
of a lease, in furtherance of the trust obligation of the United
States to the Navajo Nation.
(6)(A) An interested party may, after exhaustion of tribal
remedies, submit, in a timely manner, a petition to the Secretary
to review the compliance of the Navajo Nation with any regulations
approved under this subsection. If upon such review the Secretary
determines that the regulations were violated, the Secretary may
take such action as may be necessary to remedy the violation,
including rescinding the approval of the tribal regulations and
reassuming responsibility for the approval of leases for Navajo
Nation tribal trust lands.
(B) If the Secretary seeks to remedy a violation described in
subparagraph (A), the Secretary shall -
(i) make a written determination with respect to the
regulations that have been violated;
(ii) provide the Navajo Nation with a written notice of the
alleged violation together with such written determination; and
(iii) prior to the exercise of any remedy or the rescission of
the approval of the regulation involved and the reassumption of
the lease approval responsibility, provide the Navajo Nation with
a hearing on the record and a reasonable opportunity to cure the
alleged violation.
(f) Leases involving Gila River Indian Community Reservation;
arbitration of disputes
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 within the Gila River Indian Community 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 Acts 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.
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