---
kind: "range"
citation: "25 U.S.C. §§ 415–415d"
title: "25"
from: "415"
to: "415d"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/25/415..415d"
---

# §415. Leases of restricted lands

- (a) **Authorized purposes; term; approval by Secretary—** Any restricted [Indian lands](/usc/25/3653.md?p=3), whether tribally, or individually owned, may be leased by the [Indian](/usc/25/1934.md) owners, with the approval of the [Secretary](#d-7) of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said [Secretary](#d-7). All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land located outside the boundaries of [Indian reservations](/usc/25/3653.md?p=3) in the State of New Mexico, leases of land on the Agua Caliente (Palm Springs) [Reservation](/usc/25/2902.md?p=8), the Dania [Reservation](/usc/25/2902.md?p=8), the Pueblo of Santa Ana (with the exception of the lands known as the “Santa Ana Pueblo Spanish Grant”), the [reservation](/usc/25/2902.md?p=8) of the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Warm Springs [Reservation](/usc/25/2902.md?p=8) of Oregon, the Moapa [Indian Reservation](/usc/25/2902.md?p=8), the Swinomish [Indian Reservation](/usc/25/2902.md?p=8), the Southern Ute [Reservation](/usc/25/2902.md?p=8), the Fort Mojave [Reservation](/usc/25/2902.md?p=8), the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Umatilla [Indian Reservation](/usc/25/2902.md?p=8), the Burns Paiute [Reservation](/usc/25/2902.md?p=8), the Coeur d’Alene [Indian Reservation](/usc/25/2902.md?p=8), the Kalispel [Indian Reservation](/usc/25/2902.md?p=8) and land held in trust for the Kalispel [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md), the Puyallup [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md), the pueblo of Cochiti, Ohkay Owingeh pueblo, the pueblo of Pojoaque, the pueblo of Santa Clara, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai [Reservation](/usc/25/2902.md?p=8), the Spokane [Reservation](/usc/25/2902.md?p=8), the San Carlos Apache [Reservation](/usc/25/2902.md?p=8), the Yavapai-Prescott Community [Reservation](/usc/25/2902.md?p=8), the Pyramid Lake [Reservation](/usc/25/2902.md?p=8), the Gila River [Reservation](/usc/25/2902.md?p=8), the Soboba [Indian Reservation](/usc/25/2902.md?p=8), the Viejas [Indian Reservation](/usc/25/2902.md?p=8), the Tulalip [Indian Reservation](/usc/25/2902.md?p=8), the Navajo [Reservation](/usc/25/2902.md?p=8), the Cabazon [Indian Reservation](/usc/25/2902.md?p=8), the Muckleshoot [Indian Reservation](/usc/25/2902.md?p=8) and land held in trust for the Muckleshoot [Indian Tribe](/usc/25/81.md?p=a-2), the Mille Lacs [Indian Reservation](/usc/25/2902.md?p=8) with respect to a lease between an entity established by the Mille Lacs Band of Chippewa [Indians](/usc/25/1934.md) and the Minnesota Historical Society, leases of the land comprising the Moses Allotment Numbered 8 and the Moses Allotment Numbered 10, Chelan County, Washington, and lands held in trust for the Las Vegas Paiute [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md), and lands held in trust for the Twenty-nine Palms Band of Luiseno Mission [Indians](/usc/25/1934.md), and lands held in trust for the Reno Sparks [Indian](/usc/25/1934.md) Colony, lands held in trust for the Torres Martinez Desert Cahuilla [Indians](/usc/25/1934.md), lands held in trust for the Guidiville Band of Pomo [Indians](/usc/25/1934.md) of the Guidiville [Indian](/usc/25/1934.md) Rancheria, lands held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Umatilla [Indian Reservation](/usc/25/2902.md?p=8), lands held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Warm Springs [Reservation](/usc/25/2902.md?p=8) of Oregon, land held in trust for the Coquille [Indian Tribe](/usc/25/81.md?p=a-2), land held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of Siletz [Indians](/usc/25/1934.md), land held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Coos, Lower Umpqua, and Siuslaw [Indians](/usc/25/1934.md), land held in trust for the Klamath [Tribes](/usc/25/3402.md?p=2-A), and land held in trust for the Burns Paiute [Tribe](/usc/25/3402.md?p=2-A), and lands held in trust for the Cow Creek Band of Umpqua [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md), land held in trust for the Prairie Band Potawatomi Nation, lands held in trust for the Cherokee Nation of Oklahoma, land held in trust for the Fallon Paiute Shoshone [Tribes](/usc/25/3402.md?p=2-A), land held in trust for the Yurok [Tribe](/usc/25/3402.md?p=2-A), land held in trust for the Hopland Band of Pomo [Indians](/usc/25/1934.md) of the Hopland Rancheria, lands held in trust for the Yurok [Tribe](/usc/25/3402.md?p=2-A), lands held in trust for the Hopland Band of Pomo [Indians](/usc/25/1934.md) of the Hopland Rancheria, lands held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Colville [Reservation](/usc/25/2902.md?p=8), lands held in trust for the Cahuilla Band of [Indians](/usc/25/1934.md) of California, lands held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Grand Ronde Community of Oregon, and the lands held in trust for the Confederated Salish and Kootenai [Tribes](/usc/25/3402.md?p=2-A) of the Flathead [Reservation](/usc/25/2902.md?p=8), Montana, and leases to the Devils Lake Sioux [Tribe](/usc/25/3402.md?p=2-A), or any organization of such [tribe](/usc/25/3402.md?p=2-A), of land on the Devils Lake Sioux [Reservation](/usc/25/2902.md?p=8), land held in trust for the Crow [Tribe](/usc/25/3402.md?p=2-A) of Montana, land held in trust for the Confederated [Tribes](/usc/25/3402.md?p=2-A) of the Chehalis [Reservation](/usc/25/2902.md?p=8), and which may be for a term of not to exceed ninety-nine years, and except leases of land held in trust for the Morongo Band of Mission [Indians](/usc/25/1934.md) which may be for a term of not to exceed 50 years, and except leases of land for grazing purposes which may be for a term of not to exceed ten years. Leases for public, religious, educational, recreational, residential, or business purposes (except leases the initial term of which extends for more than seventy-four years) with the consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twenty-five years, and all leases and renewals shall be made under such terms and regulations as may be prescribed by the [Secretary](#d-7) of the Interior. Prior to approval of any lease or extension of an existing lease pursuant to this section, the [Secretary](#d-7) of the Interior shall first satisfy himself that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring lands; the height, quality, and safety of any structures or other facilities to be constructed on such lands; the availability of police and fire protection and other services; the availability of judicial forums for all criminal and civil causes arising on the leased lands; and the effect on the environment of the uses to which the leased lands will be subject.
- (b) **Leases involving Tulalip Tribes—** Any lease by the Tulalip [Tribes](/usc/25/3402.md?p=2-A), the Puyallup [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md), the Swinomish [Indian](/usc/25/1934.md) Tribal Community, or the Kalispel [Tribe](/usc/25/3402.md?p=2-A) of [Indians](/usc/25/1934.md) under [subsection (a)](#a) of this section, except a lease for the exploitation of any natural resource, shall not require the approval of the [Secretary](#d-7) of the Interior (1) if the term of the lease does not exceed fifteen years, with no option to renew, (2) if the term of the lease does not exceed thirty years, with no option to renew, and the lease is executed pursuant to [tribal regulations](#d-8) previously approved by the [Secretary](#d-7) of the Interior, or (3) if the term does not exceed seventy-five years (including options to renew), and the lease is executed under [tribal regulations](#d-8) approved by the [Secretary](#d-7) under this clause (3).
- (c) **Leases involving Hopi Tribe and Hopi Partitioned Lands Accommodation Agreement—** Notwithstanding [subsection (a)](#a), a lease of land by the Hopi [Tribe](/usc/25/3402.md?p=2-A) to [Navajo Indians](#d-2) on the [Hopi Partitioned Lands](#d-1) may be for a term of 75 years, and may be extended at the conclusion of the term of the lease.
- (d) **Definitions—** For purposes of this section—
  - (1) the term “Hopi Partitioned Lands” means lands located in the Hopi Partitioned Area, as defined in [section 168.1(g) of title 25, Code of Federal Regulations](/cfr/25/168.1.md?p=g) (as in effect on October 11, 1996);
  - (2) the term “Navajo Indians” means members of the Navajo [Tribe](/usc/25/3402.md?p=2-A);
  - (3) the term “individually owned Navajo Indian allotted land” means a single parcel of land that—
    - (A) is located within the jurisdiction of the [Navajo Nation](#d-5);
    - (B) is held in trust or restricted status by the United States for the benefit of [Navajo Indians](#d-2) or members of another [Indian tribe](/usc/25/81.md?p=a-2); and
    - (C) was—
      - (i) allotted to a Navajo [Indian](/usc/25/1934.md); or
      - (ii) taken into trust or restricted status by the United States for an individual [Indian](/usc/25/1934.md);
  - (4) the term “interested party” means an [Indian](/usc/25/1934.md) or non-[Indian](/usc/25/1934.md) individual or corporation, or tribal or non-tribal government whose interests could be adversely affected by a tribal trust land leasing decision made by an applicable [Indian tribe](/usc/25/81.md?p=a-2);
  - (5) the term “Navajo Nation” means the Navajo Nation government that is in existence on August 9, 1955, or its successor;
  - (6) the term “petition” means a written request submitted to the [Secretary](#d-7) for the review of an action (or inaction) of an [Indian tribe](/usc/25/81.md?p=a-2) that is claimed to be in violation of the approved tribal leasing regulations;
  - (7) the term “Secretary” means the Secretary of the Interior;
  - (8) the term “tribal regulations” means regulations enacted in accordance with applicable tribal law and approved by the [Secretary](#d-7);
  - (9) the term “[Indian tribe](/usc/25/81.md?p=a-2)” has the meaning given such term in [section 5130 of this title](/usc/25/5130.md); and
  - (10) the term “individually owned allotted land” means a parcel of land that—
    - (A)
      - (i) is located within the jurisdiction of an [Indian tribe](/usc/25/81.md?p=a-2); or
      - (ii) is held in trust or restricted status by the United States for the benefit of an [Indian tribe](/usc/25/81.md?p=a-2) or a member of an [Indian tribe](/usc/25/81.md?p=a-2); and
    - (B) is allotted to a member of an [Indian tribe](/usc/25/81.md?p=a-2).
- (e) **Leases of restricted lands for the Navajo Nation—**
  - (1) Any leases by the [Navajo Nation](#d-5) for purposes authorized under [subsection (a)](#a), and any amendments thereto, including a lease for the exploration, development, or extraction of any mineral resources, shall not require the approval of the [Secretary](#d-7) if the lease is executed under the [tribal regulations](#d-8) approved by the [Secretary](#d-7) under this subsection and the term of the lease does not exceed—
    - (A) in the case of a business or agricultural lease, 99 years;
    - (B) in the case of a lease for public, religious, educational, recreational, or residential purposes, 75 years if such a term is provided for by the [Navajo Nation](#d-5) through the promulgation of regulations; and
    - (C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that—
      - (i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and
      - (ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the [Navajo Nation](#d-5) determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity.
  - (2) [Paragraph (1)](#e-1) shall not apply to [individually owned Navajo Indian allotted land](#d-3).
  - (3) The [Secretary](#d-7) shall have the authority to approve or disapprove [tribal regulations](#d-8) referred to under [paragraph (1)](#e-1). The [Secretary](#d-7) shall approve such [tribal regulations](#d-8) if such regulations are consistent with the regulations of the [Secretary](#d-7) under [subsection (a)](#a), and any amendments thereto, and provide for an environmental review process. The [Secretary](#d-7) shall review and approve or disapprove the regulations of the [Navajo Nation](#d-5) within 120 days of the submission of such regulations to the [Secretary](#d-7). Any disapproval of such regulations by the [Secretary](#d-7) shall be accompanied by written documentation that sets forth the basis for the disapproval. Such 120-day period may be extended by the [Secretary](#d-7) after consultation with the [Navajo Nation](#d-5).
  - (4) If the [Navajo Nation](#d-5) has executed a lease pursuant to [tribal regulations](#d-8) under [paragraph (1)](#e-1), the [Navajo Nation](#d-5) shall provide the [Secretary](#d-7) with—
    - (A) a copy of the lease and all amendments and renewals thereto; and
    - (B) in the case of regulations or a lease that permits payment to be made directly to the [Navajo Nation](#d-5), documentation of the lease payments sufficient to enable the [Secretary](#d-7) to discharge the trust responsibility of the United States under [paragraph (5)](#e-5).
  - (5) The United States shall not be liable for losses sustained by any party to a lease executed pursuant to [tribal regulations](#d-8) under [paragraph (1)](#e-1), including the [Navajo Nation](#d-5). Nothing in this paragraph shall be construed to diminish the authority of the [Secretary](#d-7) to take appropriate actions, including the cancellation of a lease, in furtherance of the trust obligation of the United States to the [Navajo Nation](#d-5).
  - (6)
    - (A) An [interested party](#d-4) may, after exhaustion of tribal remedies, submit, in a timely manner, a [petition](#d-6) to the [Secretary](#d-7) to review the compliance of the [Navajo Nation](#d-5) with any regulations approved under this subsection. If upon such review the [Secretary](#d-7) determines that the regulations were violated, the [Secretary](#d-7) may take such action as may be necessary to remedy the violation, including rescinding the approval of the [tribal regulations](#d-8) and reassuming responsibility for the approval of leases for [Navajo Nation](#d-5) tribal trust lands.
    - (B) If the [Secretary](#d-7) seeks to remedy a violation described in [subparagraph (A)](#e-6-A), the [Secretary](#d-7) shall—
      - (i) make a written determination with respect to the regulations that have been violated;
      - (ii) provide the [Navajo Nation](#d-5) with a written notice of the alleged violation together with such written determination; and
      - (iii) prior to the exercise of any remedy or the rescission of the approval of the regulation involved and the reassumption of the lease approval responsibility, provide the [Navajo Nation](#d-5) with a hearing on the record and a reasonable opportunity to cure the alleged violation.
- (f) **Leases involving Gila River Indian Community Reservation; arbitration of disputes—** Any contract, including a lease or construction contract, affecting land within the Gila River [Indian](/usc/25/1934.md) Community [Reservation](/usc/25/2902.md?p=8) 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](/usc/9/1.md). Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by [title 9](/usc/9.md) to abide by the outcome of arbitration pursuant to the provisions of [chapter 1](/usc/9/ch1.md) of title 9, [sections 1 through 14](/usc/25/1..14.md), 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](/usc/28/1331.md).
- (g) **Lease of tribally-owned land by Assiniboine and Sioux Tribes of the Fort Peck Reservation—**
  - (1) **In general—** Notwithstanding [subsection (a)](#a) and any regulations under [part 162 of title 25, Code of Federal Regulations](/cfr/25/part162.md) (or any successor regulation), subject to [paragraph (2)](#g-2), the Assiniboine and Sioux [Tribes](/usc/25/3402.md?p=2-A) of the Fort Peck [Reservation](/usc/25/2902.md?p=8) may lease to the Northern Border Pipeline Company tribally-owned land on the Fort Peck [Indian Reservation](/usc/25/2902.md?p=8) for 1 or more interstate gas pipelines.
  - (2) **Conditions—** A lease entered into under [paragraph (1)](#g-1)—
    - (A) shall commence during fiscal year 2011 for an initial term of 25 years;
    - (B) may be renewed for an additional term of 25 years; and
    - (C) shall specify in the terms of the lease an annual rental rate—
      - (i) which rate shall be increased by 3 percent per year on a cumulative basis for each 5-year period; and
      - (ii) the adjustment of which in accordance with [clause (i)](#g-2-C-i) shall be considered to satisfy any review requirement under [part 162 of title 25, Code of Federal Regulations](/cfr/25/part162.md) (or any successor regulation).
- (h) **Tribal approval of leases—**
  - (1) **In general—** At the discretion of any [Indian tribe](/usc/25/81.md?p=a-2), any lease by the [Indian tribe](/usc/25/81.md?p=a-2) for the purposes authorized under [subsection (a)](#a) (including any amendments to [subsection (a)](#a)), except a lease for the exploration, development, or extraction of any mineral resources, shall not require the approval of the [Secretary](#d-7), if the lease is executed under the [tribal regulations](#d-8) approved by the [Secretary](#d-7) under this subsection and the term of the lease does not exceed—
    - (A) in the case of a business or agricultural lease, 25 years, except that any such lease may include an option to renew for up to 2 additional terms, each of which may not exceed 25 years; and
    - (B) in the case of a lease for public, religious, educational, recreational, or residential purposes, 75 years, if such a term is provided for by the regulations issued by the [Indian tribe](/usc/25/81.md?p=a-2).
  - (2) **Allotted land—** [Paragraph (1)](#h-1) shall not apply to any lease of individually owned [Indian](/usc/25/1934.md) allotted land.
  - (3) **Authority of Secretary over tribal regulations—**
    - (A) **In general—** The [Secretary](#d-7) shall have the authority to approve or disapprove any [tribal regulations](#d-8) issued in accordance with [paragraph (1)](#h-1).
    - (B) **Considerations for approval—** The [Secretary](#d-7) shall approve any tribal regulation issued in accordance with [paragraph (1)](#h-1), if the [tribal regulations](#d-8)—
      - (i) are consistent with any regulations issued by the [Secretary](#d-7) under [subsection (a)](#a) (including any amendments to the subsection or regulations); and
      - (ii) provide for an environmental review process that includes—
        - (I) the identification and evaluation of any significant effects of the proposed action on the environment; and
        - (II) a process for ensuring that—
          - (aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the [Indian tribe](/usc/25/81.md?p=a-2); and
          - (bb) the [Indian tribe](/usc/25/81.md?p=a-2) provides responses to relevant and substantive public comments on any such impacts before the [Indian tribe](/usc/25/81.md?p=a-2) approves the lease.
    - (C) **Technical assistance—** The [Secretary](#d-7) may provide technical assistance, upon request of the [Indian tribe](/usc/25/81.md?p=a-2), for development of a regulatory environmental review process under [subparagraph (B)(ii)](#h-3-B-ii).
    - (D) **Indian Self-Determination Act—** The technical assistance to be provided by the [Secretary](#d-7) pursuant to [subparagraph (C)](#h-3-C) may be made available through contracts, grants, or agreements entered into in accordance with, and made available to entities eligible for, such contracts, grants, or agreements under the [Indian](/usc/25/1934.md) Self-Determination Act ([25 U.S.C. 450](/usc/25/450.md) et seq.).[^3]
  - (4) **Review process—**
    - (A) **In general—** Not later than 120 days after the date on which the [tribal regulations](#d-8) described in [paragraph (1)](#h-1) are submitted to the [Secretary](#d-7), the [Secretary](#d-7) shall review and approve or disapprove the regulations.
    - (B) **Written documentation—** If the [Secretary](#d-7) disapproves the [tribal regulations](#d-8) described in [paragraph (1)](#h-1), the [Secretary](#d-7) shall include written documentation with the disapproval notification that describes the basis for the disapproval.
    - (C) **Extension—** The deadline described in [subparagraph (A)](#h-4-A) may be extended by the [Secretary](#d-7), after consultation with the [Indian tribe](/usc/25/81.md?p=a-2).
  - (5) **Federal environmental review—** Notwithstanding paragraphs [(3)](#h-3) and [(4)](#h-4), if an [Indian tribe](/usc/25/81.md?p=a-2) carries out a [project](/usc/25/5611.md?p=2) or activity funded by a Federal agency, the [Indian tribe](/usc/25/81.md?p=a-2) shall have the authority to rely on the environmental review process of the applicable Federal agency rather than any tribal environmental review process under this subsection.
  - (6) **Documentation—** If an [Indian tribe](/usc/25/81.md?p=a-2) executes a lease pursuant to [tribal regulations](#d-8) under [paragraph (1)](#h-1), the [Indian tribe](/usc/25/81.md?p=a-2) shall provide the [Secretary](#d-7) with—
    - (A) a copy of the lease, including any amendments or renewals to the lease; and
    - (B) in the case of [tribal regulations](#d-8) or a lease that allows for lease payments to be made directly to the [Indian tribe](/usc/25/81.md?p=a-2), documentation of the lease payments that are sufficient to enable the [Secretary](#d-7) to discharge the trust responsibility of the United States under [paragraph (7)](#h-7).
  - (7) **Trust responsibility—**
    - (A) **In general—** The United States shall not be liable for losses sustained by any party to a lease executed pursuant to [tribal regulations](#d-8) under [paragraph (1)](#h-1).
    - (B) **Authority of Secretary—** Pursuant to the authority of the [Secretary](#d-7) to fulfill the trust obligation of the United States to the applicable [Indian tribe](/usc/25/81.md?p=a-2) under Federal law (including regulations), the [Secretary](#d-7) may, upon reasonable notice from the applicable [Indian tribe](/usc/25/81.md?p=a-2) and at the discretion of the [Secretary](#d-7), enforce the provisions of, or cancel, any lease executed by the [Indian tribe](/usc/25/81.md?p=a-2) under [paragraph (1)](#h-1).
  - (8) **Compliance—**
    - (A) **In general—** An [interested party](#d-4), after exhausting of any applicable tribal remedies, may submit a [petition](#d-6) to the [Secretary](#d-7), at such time and in such form as the [Secretary](#d-7) determines to be appropriate, to review the compliance of the applicable [Indian tribe](/usc/25/81.md?p=a-2) with any [tribal regulations](#d-8) approved by the [Secretary](#d-7) under this subsection.
    - (B) **Violations—** If, after carrying out a review under [subparagraph (A)](#h-8-A), the [Secretary](#d-7) determines that the [tribal regulations](#d-8) were violated, the [Secretary](#d-7) may take any action the [Secretary](#d-7) determines to be necessary to remedy the violation, including rescinding the approval of the [tribal regulations](#d-8) and reassuming responsibility for the approval of leases of tribal trust lands.
    - (C) **Documentation—** If the [Secretary](#d-7) determines that a violation of the [tribal regulations](#d-8) has occurred and a remedy is necessary, the [Secretary](#d-7) shall—
      - (i) make a written determination with respect to the regulations that have been violated;
      - (ii) provide the applicable [Indian tribe](/usc/25/81.md?p=a-2) with a written notice of the alleged violation together with such written determination; and
      - (iii) prior to the exercise of any remedy, the rescission of the approval of the regulation involved, or the reassumption of lease approval responsibilities, provide the applicable [Indian tribe](/usc/25/81.md?p=a-2) with—
        - (I) a hearing that is on the record; and
        - (II) a reasonable opportunity to cure the alleged violation.
  - (9) **Savings clause—** Nothing in this subsection shall affect [subsection (e)](#e) or any [tribal regulations](#d-8) issued under that subsection.

# §415a. Lease of lands of deceased Indians for benefit of heirs or devisees


Restricted lands of deceased [Indians](/usc/25/1934.md) may be leased under [sections 415 to 415d](/usc/25/415..415d.md) of this title, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in [section 380 of this title](/usc/25/380.md): Provided, That if the authority of the [Secretary](/usc/25/5130.md?p=1) under this section is delegated to any subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the [Secretary](/usc/25/5130.md?p=1) under such rules and regulations as he may prescribe.


# §415b. Advance payment of rent or other consideration


No rent or other consideration for the use of land leased under [sections 415 to 415d](/usc/25/415..415d.md) of this title shall be paid or collected more than one year in advance, unless so provided in the lease.


# §415c. Approval of leases


The [Secretary](/usc/25/5130.md?p=1) of the Interior shall approve no lease pursuant to [sections 415 to 415d](/usc/25/415..415d.md) of this title that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease.


# §415d. Lease of restricted lands under other laws unaffected


Nothing contained in [sections 415 to 415d](/usc/25/415..415d.md) of this title shall be construed to repeal any authority to lease restricted [Indian lands](/usc/25/3653.md?p=3) conferred by or pursuant to any other provision of law.