25 U.S.C. § 416a: Lease provisions

Summary

Leases made under section 416 must include a promise by the tenant not to cause waste, create a nuisance, or make hazards to people’s health or to property, wherever those people or property are. The State of Arizona, or a nearby local government next to the San Xavier or Salt River Pima-Maricopa Reservation, may sue in the United States District Court for the District of Arizona to stop violations, no matter how much money is involved; if that federal court says it cannot hear the case because of the parties’ citizenship or the law, the suit can be filed in any Arizona court that has authority. Any contract about land inside the Salt River Pima-Maricopa Indian Reservation may include a binding arbitration clause. Such contracts count as “commerce” under section 1 of title 9. If someone refuses to go to arbitration or to follow the arbitration result under chapter 1 of title 9, sections 1 through 14, that refusal is treated as a federal civil case under section 1331 of title 28.

Title 25, §416a

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(a)Covenant not to cause waste, etc.

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)Judicial enforcement

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)Binding arbitration of disputes

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.

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).”

§416a Lease Provisions

Summary

Title 25, §416a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata