§ 3715. — Leasing of Indian agricultural lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3715]
TITLE 25--INDIANS
CHAPTER 39--AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
SUBCHAPTER I--RANGELAND AND FARMLAND ENHANCEMENT
Sec. 3715. Leasing of Indian agricultural lands
(a) Authority of Secretary
The Secretary is authorized to--
(1) approve any agricultural lease or permit with (A) a tenure
of up to 10 years, or (B) a tenure longer than 10 years but not to
exceed 25 years unless authorized by other Federal law, when such
longer tenure is determined by the Secretary to be in the best
interest of the Indian landowners and when such lease or permit
requires substantial investment in the development of the lands or
crops by the lessee; and
(2) lease or permit agricultural lands to the highest
responsible bidder at rates less than the Federal appraisal after
satisfactorily advertising such lands for lease, when, in the
opinion of the Secretary, such action would be in the best interest
of the Indian landowner.
(b) Authority of tribe
When authorized by an appropriate tribal resolution establishing a
general policy for leasing of Indian agricultural lands, the Secretary--
(1) shall provide a preference to Indian operators in the
issuance and renewal of agricultural leases and permits so long as
the lessor receives fair market value for his property;
(2) shall waive or modify the requirement that a lessee post a
surety or performance bond on agricultural leases and permits issued
by the Secretary;
(3) shall provide for posting of other collateral or security in
lieu of surety or other bonds;
(4) when such tribal resolution sets forth a tribal definition
of what constitutes ``highly fractionated undivided heirship lands''
and adopts an alternative plan for providing notice to owners, may
waive or modify any general notice requirement of Federal law and
proceed to negotiate and lease or permit such highly fractionated
undivided interest heirship lands in conformity with tribal law in
order to prevent waste, reduce idle land acreage, and ensure income;
and
(5) shall approve leases and permits of tribally owned
agricultural lands at rates determined by the tribal governing body.
(c) Rights of individual landowners
(1) Nothing in this section shall be construed as limiting or
altering the authority or right of an individual allottee or Indian
tribe in the legal or beneficial use of his, her, or its own land or to
enter into an agricultural lease of the surface interest of his, her, or
its allotment or land under any other provision of law.
(2)(A) The owners of a majority interest in any trust or restricted
land are authorized to enter into an agricultural lease of the surface
interest of a trust or restricted allotment, and such lease shall be
binding upon the owners of the minority interests in such land if the
terms of the lease provide such minority interests with not less than
fair market value for such land.
(B) For the purposes of subparagraph (A), a majority interest in
trust or restricted land is an interest greater than 50 percent of the
legal or beneficial title.
(3) The provisions of subsection (b) of this section shall not apply
to a parcel of trust or restricted land if the owners of at least 50
percent of the legal or beneficial interest in such land file with the
Secretary a written objection to the application of all or any part of
such tribal rules to the leasing of such parcel of land.
(Pub. L. 103-177, title I, Sec. 105, Dec. 3, 1993, 107 Stat. 2017; Pub.
L. 103-435, Sec. 12(a), Nov. 2, 1994, 108 Stat. 4572.)
Amendments
1994--Subsec. (b)(5). Pub. L. 103-435, Sec. 12(a)(1), added par.
(5).
Subsec. (c)(1). Pub. L. 103-435, Sec. 12(a)(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Nothing in
this section shall be construed as limiting or altering the authority or
right of an individual allottee in the legal or beneficial use of his or
her own land or to enter into an agricultural lease of the surface
interest of his or her allotment under any other provision of law.''
