The Leasing Of Indian Lands
By: MelanieHomeGun Date: Thu, 2 Jul 2009 Time: 7:44 PM
Indian lands are leased by the approval of the Secretary of the Interior under 25 U.S.C. Section 415(a). Strict restrictions are outlined in Section 415, however the Secretary of the Interior has the power to alter terms as deemed necessary. A concern exists in Indian lands that are leased, in that Indians are not using the land themselves to learn better how to live off of the land. In addition, there are concerns of Indians cultural identity and values being altered by the influx of non-Indian communities. In Palm Springs, California, the Agua Caliente Reservation produces two million dollars a year in residential lease income for tribal members. While the income is helpful to the tribe the tribe has lost much of its cultural ways. Indians rely heavily on the income produced by land leases and are affected by non-Indian communities.
Indian lands are leased by the approval of the Secretary of the Interior under 25 U.S.C. Section 415(a). Section 415, originally enacted in 1955, allows Indians to lease the surface of the land to non-Indians through designated terms. Indian lands may be leased by Indians through the approval of the Secretary of the Interior for businesses, education, religious, public, and recreational uses. Businesses may include, grazing, farming, and the development and use of natural resources.
Leases cannot exceed 25-year terms, unless they are Indian lands located outside the reservation boundaries in the state of New Mexico. Grazing leases cannot exceed a term of 10 years. In contrast, specific tribes are allowed 99-year leases for lands outside of the boundaries of the reservation, in some cases. Moreover, the Secretary of the Interior has the power to extend or cancel Indian land leases as deemed necessary.
The Secretary of the Interior has the authority to renew leases. For example, leases where initial terms exceeded 74 years do not have the opportunity to renew leases, unless the federal government finds viable reason why the lease should be renewed. Lease terms are complex and controversial in nature. The complexity of lease negotiations have left many individual Indians feeling short changed by the lack of input they are allowed in Indian land leasing arrangements.
The Secretary of the Interiors authority is based on the U.S. Congress responsibility to regulate commerce concerning Indians. For this reason, tribal and allotted Indian lands cannot be leased without the approval of the Secretary of the Interior. The basis behind statutes such as Section 415 is in protecting Indian lands. Indian lands are trust responsibilities of the federal government. Despite the responsibility of protection and guardianship of Indian lands, it is unclear to what extent the governments standards rely on in limiting discretion of Indian lands that are leased.
There are 50 million acres in the United States of Indian trust land. There are eight million acres in mineral leases, and seven million acres of Indian lands in grazing permits for non-Indian ranchers. Mineral leases prohibit Indians from using the surface of the land. For example, the surface of the land becomes useless in strip mining businesses.
Commercial development and the use of Indian lands by non-Indians is an issue at large. Between 1890 and 1955, commercial developments were discouraged. Leases during these years were limited to five and ten year terms. Section 415 brought upon 25-year lease terms, with the option to renew for another 25 years, with the approval of the Secretary of the Interior. In addition, 24 tribes were given extensions for 99-year lease terms through Section 415.
Indian reservations economic development relies on the extension of land leases. Land is a primary economic resource to the Indians. Land allows non-Indians to invest in capital on Indian lands, bringing employment to reservations. A concern is leases could bring large populations of non-Indians to the reservation, and states may decide to exercise taxing powers over reservation businesses. Tribal control and Indian cultural issues are far greater concerns at present for the Secretary of the Interior and the U.S. federal governments responsibility to protect Indian people and values through a guardianship relationship.
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