Title 25 — IndiansRelease 119-73

§416i Restrictions

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

Last updated Apr 6, 2026|Official source

Summary

Keeps land and money held in trust for Indians, including water rights, from being sold, mortgaged, or taxed. It does not stop the United States from leasing or dedicating those lands as already allowed, and Arizona may still tax non‑Indian leasehold and personal property on the San Xavier and Salt River Pima‑Maricopa Reservations when not owned by resident Papago or Pima‑Maricopa Indians. It also does not give Arizona courts the power to decide who owns or possesses trust or restricted property, does not change local school district boundaries on those reservations, and does not cancel any other law that allows leasing or mortgaging of trust or restricted Indian lands.

Full Legal Text

Title 25, §416i

Indians — Source: USLM XML via OLRC

Nothing contained in sections 416 to 416j of this title 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 subject 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 section 416 of this title or the power to dedicate as provided in section 416f of this title 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 personal property located on the San Xavier and Salt River Pima-Maricopa 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 possession of trust or restricted property or any interests therein;

(c)alter or abridge in any way the authority of public school districts to include areas within the San Xavier and Salt River Pima-Maricopa Reservation;

(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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 416i

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73