25-U.S.C.-416A
§416A – Lease Provisions
Pathway
Title 25 > Chapter 12 > Section 416a
Details
- Reference: Section 416a
- Legend: §416A – Lease Provisions
- USCode Year: 2013
Provision Content
(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) of this section: 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.
(Pub. L. 89–715, §2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98–163, Nov. 22, 1983, 97 Stat. 1016; Pub. L. 108–329, §1(a), Oct. 16, 2004, 118 Stat. 1274.)
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).
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).
U.S. Encyclopedia of Law Coverage
25-U.S.C.-412A in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-412A, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
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