Title 25IndiansRelease 119-73

§416a Lease provisions

Title 25 › Chapter CHAPTER 12— - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 416a

Last updated Apr 6, 2026|Official source

Summary

Leases made under section 416 must include a promise by the tenant not to cause or allow waste, a nuisance, or anything that creates a health or property hazard, even if the harm affects people or property off the land. The State of Arizona, or any political subdivision that borders the San Xavier or Salt River Pima-Maricopa Indian Reservation, may sue in the United States District Court for the District of Arizona to stop a breach of that promise, without worrying about the amount in controversy. If that District Court says it lacks jurisdiction because of the parties’ citizenship and the law that applies, the suit can be brought in any Arizona state court with proper authority. Contracts that affect land in the Salt River Pima-Maricopa Indian Reservation, including leases, may include binding arbitration clauses. Those contracts count as "commerce" under section 1 of title 9 and are covered by that law. If a party refuses to submit to arbitration or to accept the arbitration result under chapter 1 of title 9 (sections 1 through 14), that refusal is treated as a federal civil action under section 1331 of title 28.

Full Legal Text

Title 25, §416a

Indians — Source: USLM XML via OLRC

(a)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)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): 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)Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. Such contracts 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (c). Pub. L. 108–329, in first sentence, substituted “Any contract, including a lease, affecting land” for “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” and “such contract” for “such lease or contract” and, in second sentence, substituted “Such contracts” for “Such leases or contracts entered into pursuant to such sections”. 1983—Subsec. (c). Pub. L. 98–163 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 Amendment Pub. L. 108–329, § 1(b), Oct. 16, 2004, 118 Stat. 1274, provided that: “The

Amendments

made by this section [amending this section] shall take effect as if included in the Indian Tribal Economic Development and Contract Encouragement Act of 2000 (Public Law 106–179).”

Reference

Citations & Metadata

Citation

25 U.S.C. § 416a

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73