Notes on 25 U.S.C. § 415 : US Code - Notes

Search Notes on 25 U.S.C. § 415 : US Code - Notes

(Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539; Pub. L. 86-326, Sept.
21, 1959, 73 Stat. 597; Pub. L. 86-505, Sec. 2, June 11, 1960, 74
Stat. 199; Pub. L. 87-375, Oct. 4, 1961, 75 Stat. 804; Pub. L. 87-
785, Oct. 10, 1962, 76 Stat. 805; Pub. L. 88-167, Nov. 4, 1963, 77
Stat. 301; Pub. L. 89-408, Apr. 27, 1966, 80 Stat. 132; Pub. L. 90-
182, Dec. 8, 1967, 81 Stat. 559; Pub. L. 90-184, Dec. 10, 1967, 81
Stat. 560; Pub. L. 90-335, Sec. 1(f), June 10, 1968, 82 Stat. 175;
Pub. L. 90-355, June 20, 1968, 82 Stat. 242; Pub. L. 90-534, Sec.
6, Sept. 28, 1968, 82 Stat. 884; Pub. L. 90-570, Oct. 12, 1968, 82
Stat. 1003; Pub. L. 91-274, Secs. 2, 3, June 2, 1970, 84 Stat. 302;
Pub. L. 91-275, Secs. 1, 2, June 2, 1970, 84 Stat. 303; Pub. L. 91-
557, Sec. 8, Dec. 17, 1970, 84 Stat. 1468; Pub. L. 92-182, Sec. 6,
Dec. 15, 1971, 85 Stat. 626; Pub. L. 92-431, Sept. 26, 1972, 86
Stat. 723; Pub. L. 92-472, Sec. 7, Oct. 9, 1972, 86 Stat. 788; Pub.
L. 92-488, Sec. 4, Oct. 13, 1972, 86 Stat. 806; Pub. L. 96-216,
Mar. 27, 1980, 94 Stat. 125; Pub. L. 96-491, Sec. 3, Dec. 2, 1980,
94 Stat. 2564; Pub. L. 97-459, title I, Sec. 107, Jan. 12, 1983, 96
Stat. 2516; Pub. L. 98-70, Aug. 8, 1983, 97 Stat. 401; Pub. L. 98-
203, Sec. 1(c), Dec. 2, 1983, 97 Stat. 1384; Pub. L. 99-221, Sec.
2, Dec. 26, 1985, 99 Stat. 1735; Pub. L. 99-389, Sec. 3(a), Aug.
23, 1986, 100 Stat. 829; Pub. L. 99-500, Sec. 101(h) [title I, Sec.
122], Oct. 18, 1986, 100 Stat. 1783-242, 1783-267, and Pub. L. 99-
591, Sec. 101(h) [title I, Sec. 122], Oct. 30, 1986, 100 Stat.
3341-242, 3341-267; Pub. L. 99-575, Sec. 5, Oct. 28, 1986, 100
Stat. 3246; Pub. L. 101-630, title II, Sec. 201, Nov. 28, 1990, 104
Stat. 4532; Pub. L. 102-497, Sec. 5, Oct. 24, 1992, 106 Stat. 3255;
Pub. L. 103-435, Sec. 5, Nov. 2, 1994, 108 Stat. 4569; Pub. L. 104-
301, Sec. 9, Oct. 11, 1996, 110 Stat. 3652; Pub. L. 105-256, Sec.
1, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 106-216, Sec. 1(a), June
20, 2000, 114 Stat. 343; Pub. L. 106-568, title XII, Sec. 1203,
Dec. 27, 2000, 114 Stat. 2934; Pub. L. 107-102, Sec. 1, Dec. 27,
2001, 115 Stat. 974; Pub. L. 107-159, Apr. 4, 2002, 116 Stat. 122;
Pub. L. 107-331, title X, Sec. 1002(a), Dec. 13, 2002, 116 Stat.
2869; Pub. L. 108-199, div. H, Sec. 149, Jan. 23, 2004, 118 Stat.
446; Pub. L. 109-147, Sec. 1(a), Dec. 22, 2005, 119 Stat. 2679.)
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
AMENDMENTS
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, Sec. 1203(1), added pars.
(3) to (8).
Subsec. (e). Pub. L. 106-568, Sec. 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, Secs. 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, Sec. 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 2005 AMENDMENT
Pub. L. 109-147, Sec. 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, Sec. 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, Sec. 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, Sec. 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
Section 6(a) of Pub. L. 99-575 provided in part that the
amendment made by Pub. L. 99-575 is effective Oct. 28, 1986.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-568, title XII, Sec. 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
Section 1 of Pub. L. 99-221 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, Sec. 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."
(!1) So in original.
(!2) So in original. Probably should be preceded by "the".