The Leasing Of Indian Lands
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.
Tribal and allotted Indian lands must be leased by the individual Indian land owner or tribe. The Secretary of the Interior must approve all leases. Section 415, originally enacted in 1955, gives Indians the right to lease only the surface resources of the land. Indian lands may only be leased for businesses, recreation, religious, public, residential, or educational uses. Businesses may include the development and use of natural resources, farming, grazing, and specific business ventures deemed necessary by the Secretary of the Interior. For example, the Secretary of the Interior can chose specific crops to be harvested on Indian lands for land improvement, and so forth.
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.
Recreation, educational, religious, public, and businesses besides grazing, may renew leases for an additional 25-year term, in most cases. Leases where initial terms were more than 74 years, do not usually have the opportunity to renew the lease. On the contrary, when and if the Secretary of the Interior decides that the lease is beneficial to both parties, then leases more than 74-year terms may be renewed.
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.
Indian Lands comprise 50 million acres in the United States. Seven million acres are leased to non-Indians through permits for grazing. Eight million acres are mineral leases. Indians are prohibited in using the surface of land in mineral leases, such as in strip mining. There is a concern that the mineral leases have an environmental disadvantage to Indian lands. Therefore the Secretary of the Interior must not only make decisions for the betterment of the Indians but for the Indian lands benefit as well.
The Secretary of the Interior has numerous issues concerning what is beneficial and what is not for the Indian people in regards to land leasing. Commercial development and the use of Indian lands by non-Indians brings income to the Indians. The Indians could not survive without the income. However, leasing the land instead of using the land makes the Indians more dependent on the government, which is contrary to what the original intent of the land allotments were.
Land is a primary economic resource for the Indians. Land allows non-Indians to invest in capital on Indian lands, bringing employment to reservations. Indian reservations economic development depends on the extension of land leases. However, states may decide to exercise taxing powers over the reservation businesses. The Indian economy is much below poverty. Tribal control and cultural issues are far greater concerns at present for the federal government, concerning Indian land leases.
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