(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, the Swinomish Indian Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the Confederated Tribes of the Umatilla Indian Reservation, the Burns Paiute Reservation, the Coeur d’Alene Indian Reservation, the Kalispel Indian Reservation and land held in trust for the Kalispel Tribe of Indians, the Puyallup Tribe of Indians,, 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, the Yavapai-Prescott 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 Muckleshoot Indian Reservation and land held in trust for the Muckleshoot Indian Tribe, 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 the lands comprising the Moses Allotment Numbered 8 and the Moses Allotment Numbered 10, Chelan County, Washington, 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, land held in trust for the Coquille Indian Tribe, land held in trust for the Confederated Tribes of Siletz Indians, land held in trust for the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, land held in trust for the Klamath Tribes, and land held in trust for the Burns Paiute Tribe, and lands held in trust for the Cow Creek Band of Umpqua Tribe of Indians, land held in trust for the Prairie Band Potawatomi Nation, lands held in trust for the Cherokee Nation of Oklahoma, land held in trust for the Fallon Paiute Shoshone Tribes, lands held in trust for the Pueblo of Santa Clara, land held in trust for the Yurok Tribe, land held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria, 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, and lands held in trust for Ohkay Owingeh Pueblo which may be for a term of not to exceed ninety-nine years, and except leases of land held in trust for the Morongo Band of Mission Indians which may be for a term of not to exceed 50 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.
So in original. Probably should be followed by a comma.
References in Text
The Indian Self-Determination Act (25 U.S.C. 450 et seq.), referred to in subsec. (h)(3)(D), probably means title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which was classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of this title prior to editorial reclassification as subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2012—Subsec. (d)(4). Pub. L. 112–151, § 2(1)(A), substituted “an applicable Indian tribe” for “the Navajo Nation”.
Subsec. (d)(6). Pub. L. 112–151, § 2(1)(B), substituted “an Indian tribe” for “the Navajo Nation”.
Subsec. (d)(8). Pub. L. 112–151, § 2(1)(D)(i), (ii), struck out “the Navajo Nation” before “regulations” and substituted “with applicable tribal law” for “with Navajo Nation law”.
Subsec. (d)(9), (10). Pub. L. 112–151, § 2(1)(C), (D)(iii), (E), added pars. (9) and (10).
Subsec. (h). Pub. L. 112–151, § 2(2), added subsec. (h).
2011—Subsec. (a). Pub. L. 111–381 inserted “and lands held in trust for Ohkay Owingeh Pueblo” after “of land on the Devils Lake Sioux Reservation,”.
2010—Subsec. (a). Pub. L. 111–336, § 1(1), inserted “and land held in trust for the Kalispel Tribe of Indians, the Puyallup Tribe of Indians,” after “the Kalispel Indian Reservation”.
Pub. L. 111–334 inserted “land held in trust for the Coquille Indian Tribe, land held in trust for the Confederated Tribes of Siletz Indians, land held in trust for the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, land held in trust for the Klamath Tribes, and land held in trust for the Burns Paiute Tribe,” after “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,”.
Subsec. (b). Pub. L. 111–336, § 1(2), inserted “, the Puyallup Tribe of Indians, the Swinomish Indian Tribal Community, or the Kalispel Tribe of Indians” after “Tulalip Tribes”.
2008—Subsec. (a). Pub. L. 110–453, § 205(a), inserted “and lands held in trust for the Cow Creek Band of Umpqua Tribe of Indians,” after “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,”.
Pub. L. 110–453, § 204, inserted “and except leases of land held in trust for the Morongo Band of Mission Indians which may be for a term of not to exceed 50 years,” after “which may be for a term of not to exceed ninety-nine years,”.
Subsec. (f). Pub. L. 110–453, § 202, substituted “lease or construction contract, affecting” for “lease, affecting”.
2006—Subsec. (a). Pub. L. 109–221, in second sentence, substituted “Moapa Indian Reservation” for “Moapa Indian reservation” and “the lands comprising the Moses Allotment Numbered 8 and the Moses Allotment Numbered 10, Chelan County, Washington,” for “lands comprising the Moses Allotment Numbered 10, Chelan County, Washington,,” and inserted “the Confederated Tribes of the Umatilla Indian Reservation,” before “the Burns Paiute Reservation”, “the” before “Yavapai-Prescott”, “the Muckleshoot Indian Reservation and land held in trust for the Muckleshoot Indian Tribe,” after “the Cabazon Indian Reservation,”, “land held in trust for the Prairie Band Potawatomi Nation,” before “lands held in trust for the Cherokee Nation of Oklahoma”, “land held in trust for the Fallon Paiute Shoshone Tribes,” before “lands held in trust for the Pueblo of Santa Clara”, and “land held in trust for the Yurok Tribe, land held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria,” after “Pueblo of Santa Clara,”.
2005—Subsec. (f). Pub. L. 109–147 substituted “Any contract, including a lease, affecting land” for “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”, “such contract” for “such lease or contract”, and “Such contracts” for “Such leases or contracts entered into pursuant to such Acts”.
2004—Subsec. (g). Pub. L. 108–199 added subsec. (g).
2002—Subsec. (a). Pub. L. 107–331 inserted “lands held in trust for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo Indians of the Hopland Rancheria,” after “Pueblo of Santa Clara,”.
Subsec. (f). Pub. L. 107–159 added subsec. (f).
2001—Subsec. (a). Pub. L. 107–102 inserted “, the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon,” after “Spanish Grant’)” and “lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon” before “, lands held in trust for the Cherokee Nation of Oklahoma”.
2000—Subsec. (a). Pub. L. 106–216 inserted “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” after “Sparks Indian Colony,”.
Subsec. (d)(3) to (8). Pub. L. 106–568, § 1203(1), added pars. (3) to (8).
Subsec. (e). Pub. L. 106–568, § 1203(2), added subsec. (e).
1998—Subsec. (a). Pub. L. 105–256, in second sentence, inserted “the Cabazon Indian Reservation,” after “the Navajo Reservation,” and “lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,” after “lands held in trust for the Cahuilla Band of Indians of California,”.
1996—Subsecs. (c), (d). Pub. L. 104–301 added subsecs. (c) and (d).
1994—Subsec. (a). Pub. L. 103–435 inserted “the Viejas Indian Reservation,” after “Soboba Indian Reservation,” in second sentence.
1992—Subsec. (a). Pub. L. 102–497, in second sentence, inserted “lands held in trust for the Pueblo of Santa Clara, lands held in trust for the Confederated Tribes of the Colville Reservation, lands held in trust for the Cahuilla Band of Indians of California,” after “Oklahoma,”.
1990—Subsec. (a). Pub. L. 101–630 inserted “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,” after “the Navajo Reservation,”.
1986—Subsec. (a). Pub. L. 99–575 inserted “the Pueblo of Santa Ana (with the exception of the lands known as the ‘Santa Ana Pueblo Spanish Grant’)” after “the Dania Reservation,”.
Pub. L. 99–389 inserted “, and lands held in trust for the Reno Sparks Indian Colony,”.
Subsec. (b). Pub. L. 99–500 and Pub. L. 99–591 added cl. (3).
1985—Pub. L. 99–221 inserted “, lands held in trust for the Cherokee Nation of Oklahoma,”.
1983—Subsec. (a). Pub. L. 98–203 inserted “, and lands held in trust for the Las Vegas Paiute Tribe of Indians,”.
Pub. L. 98–70 inserted “, and lands held in trust for the Twenty-nine Palms Band of Luiseno Mission Indians, and the lands held in trust for the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana”.
Pub. L. 97–459 struck out “and” before “leases of land on the Agua Caliente” and authorized ninety-nine year leases of land on the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe or any organization of such tribe.
1980—Subsec. (a). Pub. L. 96–491 inserted “the Moapa Indian reservation”.
Pub. L. 96–216 inserted provisions relating to lands comprising the Moses Allotment Numbered 10, Chelan County, Washington.
1972—Subsec. (a). Pub. L. 92–488 inserted “the Burns Paiute Reservation,” after “the Fort Mojave Reservation,”.
Pub. L. 92–472 inserted “the Coeur d’Alene Indian Reservation,” after “the Fort Mojave Reservation,”.
Pub. L. 92–431 inserted provision excepting leases of land located outside the boundaries of Indian reservations in State of New Mexico from the twenty-five year time limit.
1971—Subsec. (a). Pub. L. 92–182 inserted “the Kalispel Indian Reservation” after “the Fort Mojave Reservation”.
1970—Subsec. (a). Pub. L. 91–557 inserted “the Soboba Indian Reservation,” after “Gila River Reservation,”.
Pub. L. 91–275 inserted “Yavapai-Prescott Community Reservation,” after “San Carlos Apache Reservation,” and inserted list of factors that the Secretary must consider before approving a lease or an extension of an existing lease.
Pub. L. 91–274, §§ 2, 3, designated existing provisions as subsec. (a) and inserted “the Tulalip Indian Reservation,” after “the Gila River Reservation,”.
Subsec. (b). Pub. L. 91–274, § 3, added subsec. (b).
1968—Pub. L. 90–570 inserted “the pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni,” after “Fort Mojava Reservation,”.
Pub. L. 90–534 inserted “the Swinomish Indian Reservation,” after “Dania Reservation,”.
Pub. L. 90–355 inserted “the Hualapai Reservation,” after “Fort Mojave Reservation,”.
Pub. L. 90–335 inserted “the Spokane Reservation,” after “the Fort Mojave Reservation”.
1967—Pub. L. 90–184 inserted “the San Carlos Apache Reservation” after “Fort Mojave Reservation”.
Pub. L. 90–182 inserted “the Gila Reservation,” after “Pyramid Lake Reservation”.
1966—Pub. L. 89–408 inserted “the Pyramid Lake Reservation” after “Fort Mojave Reservation,”.
1963—Pub. L. 88–167 inserted “the Fort Mojave Reservation,” after “Southern Ute Reservation”.
1962—Pub. L. 87–785 authorized leases for not more than 99 years of lands on Southern Ute Reservation.
1961—Pub. L. 87–375 authorized longer term leases of Indian lands on Dania Reservation and excepted from renewal leases the initial term of which extends for more than 74 years.
1960—Pub. L. 86–505 authorized leases for not more than 99 years of lands on Navajo Reservation.
1959—Pub. L. 86–326 substituted “except leases of land on the Agua Caliente (Palm Springs) Reservation which may be for a term of not to exceed ninety-nine years, and except leases of land for grazing purposes which may” for “excepting leases for grazing purposes, which shall”, in second sentence.
Effective Date of 2008 Amendment
Pub. L. 110–453, title II, § 205(b), Dec. 2, 2008, 122 Stat. 5030, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of the enactment of this Act [Dec. 2, 2008].”
Effective Date of 2006 Amendment
Pub. L. 109–221, title II, § 202(b), May 12, 2006, 120 Stat. 341, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of enactment of this Act [May 12, 2006].”
Effective Date of 2005 Amendment
Pub. L. 109–147, § 1(b), Dec. 22, 2005, 119 Stat. 2679, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect as if included in
Public Law 107–159 (
116 Stat. 122).”
Effective Date of 2002 Amendment
Pub. L. 107–331, title X, § 1002(b), Dec. 13, 2002, 116 Stat. 2870, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of the enactment of this title [Dec. 13, 2002].”
Effective Date of 2001 Amendment
Pub. L. 107–102, § 3, Dec. 27, 2001, 115 Stat. 975, provided that:
“This Act [amending this section] shall take effect as of April 12, 2000.”
Effective Date of 2000 Amendment
Pub. L. 106–216, § 1(b), June 20, 2000, 114 Stat. 343, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to any lease entered into or renewed after the date of the enactment of this Act [June 20, 2000].”
Effective Date of 1986 Amendment
Pub. L. 99–575, § 6(a), Oct. 28, 1986, 100 Stat. 3246, provided in part that the amendment made by Pub. L. 99–575 is effective Oct. 28, 1986.
Short Title of 2012 Amendment
Pub. L. 112–151, § 1, July 30, 2012, 126 Stat. 1150, provided that:
“This Act [amending this section] may be cited as the ‘Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012’ or the ‘HEARTH Act of 2012’.”
Short Title of 2000 Amendment
Pub. L. 106–568, title XII, § 1201, Dec. 27, 2000, 114 Stat. 2933, provided that:
“This title [amending this section and enacting provisions set out as a note under this section] may be cited as the ‘Navajo Nation Trust Land Leasing Act of 2000’.”
Short Title of 1985 Amendment
Pub. L. 99–221, § 1, Dec. 26, 1985, 99 Stat. 1735, provided that:
“This Act [amending this section,
section 450i of this title,
section 3121 of Title 26, Internal Revenue Code, and
section 410 of Title 42, The Public Health and Welfare, and enacting a provision set out as a note under
section 410 of Title 42] may be cited as the ‘Cherokee Leasing Act’.”
Congressional Findings and Declaration of Purposes
Pub. L. 106–568, title XII, § 1202, Dec. 27, 2000, 114 Stat. 2933, provided that:
“(a) Findings.—
Recognizing the special relationship between the United States and the Navajo Nation and its members, and the Federal responsibility to the Navajo people, Congress finds that—
“(1) the third clause of section 8, Article I of the United States Constitution provides that ‘The Congress shall have Power * * * to regulate Commerce * * * with Indian tribes’, and, through this and other constitutional authority, Congress has plenary power over Indian affairs;
“(2) Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;
“(3) the United States has a trust obligation to guard and preserve the sovereignty of Indian tribes in order to foster strong tribal governments, Indian self-determination, and economic self-sufficiency;
“(4) pursuant to the first section of the Act of August 9, 1955 (25 U.S.C. 415), Congress conferred upon the Secretary of the Interior the power to promulgate regulations governing tribal leases and to approve tribal leases for tribes according to regulations promulgated by the Secretary;
“(5) the Secretary of the Interior has promulgated the regulations described in paragraph (4) at part 162 of title 25, Code of Federal Regulations;
“(6) the requirement that the Secretary approve leases for the development of Navajo trust lands has added a level of review and regulation that does not apply to the development of non-Indian land; and
“(7) in the global economy of the 21st Century, it is crucial that individual leases of Navajo trust lands not be subject to Secretarial approval and that the Navajo Nation be able to make immediate decisions over the use of Navajo trust lands.
“(b) Purposes.—
The purposes of this title [see Short Title of 2000 Amendment note above] are as follows:
“(1) To establish a streamlined process for the Navajo Nation to lease trust lands without having to obtain the approval of the Secretary of the Interior for individual leases, except leases for exploration, development, or extraction of any mineral resources.
“(2) To authorize the Navajo Nation, pursuant to tribal regulations, which must be approved by the Secretary, to lease Navajo trust lands without the approval of the Secretary of the Interior for the individual leases, except leases for exploration, development, or extraction of any mineral resources.
“(3) To revitalize the distressed Navajo Reservation by promoting political self-determination, and encouraging economic self-sufficiency, including economic development that increases productivity and the standard of living for members of the Navajo Nation.
“(4) To maintain, strengthen, and protect the Navajo Nation’s leasing power over Navajo trust lands.
“(5) To ensure that the United States is faithfully executing its trust obligation to the Navajo Nation by maintaining Federal supervision through oversight of and record keeping related to leases of Navajo Nation tribal trust lands.”