25 U.S.C. § 415 : US Code - Section 415: Leases of restricted lands

    (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,,(!1) 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
    (!1) 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 (!2) 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.


    (b) Leases involving Tulalip Tribes
      Any lease by the Tulalip Tribes, the Puyallup Tribe of Indians,
    the Swinomish Indian Tribal Community, or the Kalispel Tribe of
    Indians under subsection (a) of this section, except a lease for
    the exploitation of any natural resource, shall not require the
    approval of the Secretary of the Interior (1) if the term of the
    lease does not exceed fifteen years, with no option to renew, (2)
    if the term of the lease does not exceed thirty years, with no
    option to renew, and the lease is executed pursuant to tribal
    regulations previously approved by the Secretary of the Interior,
    or (3) if the term does not exceed seventy-five years (including
    options to renew), and the lease is executed under tribal
    regulations approved by the Secretary under this clause (3).
    (c) Leases involving Hopi Tribe and Hopi Partitioned Lands
      Accommodation Agreement
      Notwithstanding subsection (a) of this section, a lease of land
    by the Hopi Tribe to Navajo Indians on the Hopi Partitioned Lands
    may be for a term of 75 years, and may be extended at the
    conclusion of the term of the lease.
    (d) Definitions
      For purposes of this section - 
        (1) the term "Hopi Partitioned Lands" means lands located in
      the Hopi Partitioned Area, as defined in section 168.1(g) of
      title 25, Code of Federal Regulations (as in effect on October
      11, 1996);
        (2) the term "Navajo Indians" means members of the Navajo
      Tribe;
        (3) the term "individually owned Navajo Indian allotted land"
      means a single parcel of land that - 
          (A) is located within the jurisdiction of the Navajo Nation;
          (B) is held in trust or restricted status by the United
        States for the benefit of Navajo Indians or members of another
        Indian tribe; and
          (C) was - 
            (i) allotted to a Navajo Indian; or
            (ii) taken into trust or restricted status by the United
          States for an individual Indian;

        (4) the term "interested party" means an Indian or non-Indian
      individual or corporation, or tribal or non-tribal government
      whose interests could be adversely affected by a tribal trust
      land leasing decision made by the Navajo Nation;
        (5) the term "Navajo Nation" means the Navajo Nation government
      that is in existence on August 9, 1955, or its successor;
        (6) the term "petition" means a written request submitted to
      the Secretary for the review of an action (or inaction) of the
      Navajo Nation that is claimed to be in violation of the approved
      tribal leasing regulations;
        (7) the term "Secretary" means the Secretary of the Interior;
      and
        (8) the term "tribal regulations" means the Navajo Nation
      regulations enacted in accordance with Navajo Nation law and
      approved by the Secretary.
    (e) Leases of restricted lands for the Navajo Nation
      (1) Any leases by the Navajo Nation for purposes authorized under
    subsection (a) of this section, and any amendments thereto, except
    a lease for the exploration, development, or extraction of any
    mineral resources, shall not require the approval of the Secretary
    if the lease is executed under the tribal regulations approved by
    the Secretary under this subsection and the term of the lease does
    not exceed - 
        (A) in the case of a business or agricultural lease, 25 years,
      except that any such lease may include an option to renew for up
      to two additional terms, each of which may not exceed 25 years;
      and
        (B) in the case of a lease for public, religious, educational,
      recreational, or residential purposes, 75 years if such a term is
      provided for by the Navajo Nation through the promulgation of
      regulations.

      (2) Paragraph (1) shall not apply to individually owned Navajo
    Indian allotted land.
      (3) The Secretary shall have the authority to approve or
    disapprove tribal regulations referred to under paragraph (1). The
    Secretary shall approve such tribal regulations if such regulations
    are consistent with the regulations of the Secretary under
    subsection (a) of this section, and any amendments thereto, and
    provide for an environmental review process. The Secretary shall
    review and approve or disapprove the regulations of the Navajo
    Nation within 120 days of the submission of such regulations to the
    Secretary. Any disapproval of such regulations by the Secretary
    shall be accompanied by written documentation that sets forth the
    basis for the disapproval. Such 120-day period may be extended by
    the Secretary after consultation with the Navajo Nation.
      (4) If the Navajo Nation has executed a lease pursuant to tribal
    regulations under paragraph (1), the Navajo Nation shall provide
    the Secretary with - 
        (A) a copy of the lease and all amendments and renewals
      thereto; and
        (B) in the case of regulations or a lease that permits payment
      to be made directly to the Navajo Nation, documentation of the
      lease payments sufficient to enable the Secretary to discharge
      the trust responsibility of the United States under paragraph
      (5).

      (5) The United States shall not be liable for losses sustained by
    any party to a lease executed pursuant to tribal regulations under
    paragraph (1), including the Navajo Nation. Nothing in this
    paragraph shall be construed to diminish the authority of the
    Secretary to take appropriate actions, including the cancellation
    of a lease, in furtherance of the trust obligation of the United
    States to the Navajo Nation.
      (6)(A) An interested party may, after exhaustion of tribal
    remedies, submit, in a timely manner, a petition to the Secretary
    to review the compliance of the Navajo Nation with any regulations
    approved under this subsection. If upon such review the Secretary
    determines that the regulations were violated, the Secretary may
    take such action as may be necessary to remedy the violation,
    including rescinding the approval of the tribal regulations and
    reassuming responsibility for the approval of leases for Navajo
    Nation tribal trust lands.
      (B) If the Secretary seeks to remedy a violation described in
    subparagraph (A), the Secretary shall - 
        (i) make a written determination with respect to the
      regulations that have been violated;
        (ii) provide the Navajo Nation with a written notice of the
      alleged violation together with such written determination; and
        (iii) prior to the exercise of any remedy or the rescission of
      the approval of the regulation involved and the reassumption of
      the lease approval responsibility, provide the Navajo Nation with
      a hearing on the record and a reasonable opportunity to cure the
      alleged violation.
    (f) Leases involving Gila River Indian Community Reservation;
      arbitration of disputes
      Any contract, including a lease or construction contract,
    affecting land within the Gila River Indian Community 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.
    (g) Lease of tribally-owned land by Assiniboine and Sioux Tribes of
      the Fort Peck Reservation
      (1) In general
        Notwithstanding subsection (a) of this section and any
      regulations under part 162 of title 25, Code of Federal
      Regulations (or any successor regulation), subject to paragraph
      (2), the Assiniboine and Sioux Tribes of the Fort Peck
      Reservation may lease to the Northern Border Pipeline Company
      tribally-owned land on the Fort Peck Indian Reservation for 1 or
      more interstate gas pipelines.
      (2) Conditions
        A lease entered into under paragraph (1) - 
          (A) shall commence during fiscal year 2011 for an initial
        term of 25 years;
          (B) may be renewed for an additional term of 25 years; and
          (C) shall specify in the terms of the lease an annual rental
        rate - 
            (i) which rate shall be increased by 3 percent per year on
          a cumulative basis for each 5-year period; and
            (ii) the adjustment of which in accordance with clause (i)
          shall be considered to satisfy any review requirement under
          part 162 of title 25, Code of Federal Regulations (or any
          successor regulation).