Title 25IndiansRelease 119-73not60

§416i Restrictions

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

Last updated Apr 5, 2026|Official source

Summary

Says that these laws do not allow anyone to sell, mortgage, or tax land or other property (including water rights) that the United States holds in trust or that is held by an individual Indian, the Papago Tribe, or the Salt River Pima‑Maricopa Community when the U.S. has placed a ban on selling it. It also protects income from that property. This does not stop existing powers to lease or dedicate trust land under other law, and it does not stop Arizona from taxing non‑Indian leasehold or possessory interests, buildings, improvements, and personal property on the San Xavier and Salt River Pima‑Maricopa Reservations when those items are not owned by Papago or Pima‑Maricopa Indians living there. It does not give the State of Arizona the right to decide ownership or possession of trust or restricted property in probate or other court actions. It does not change public school districts’ authority to include areas within those reservations. It also does not repeal any other law that lets trust or restricted Indian lands be leased or mortgaged.

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 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60