§ 416a. — Lease provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC416a]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 416a. Lease provisions
(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 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 within the Salt River Pima-Maricopa Indian Reservation
may contain a provision for the binding arbitration of disputes arising
out of such lease or contract. Such leases or contracts entered into
pursuant to such sections 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, Sec. 2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98-163,
Nov. 22, 1983, 97 Stat. 1016.)
Amendments
1983--Subsec. (c). Pub. L. 98-163 added subsec. (c).
