Leasing Indian Lands
Indians rely heavily on the income produced by leasing tribal and allotted lands to non- Indians. A concern is Indians may lose cultural identities through the influx of non- Indian communities leasing Indian lands. In Palm Springs, California, the Agua Caliente Reservation generates two million dollars a year for tribal members in community development leases. However, much of the tribe no longer lives in the affluent areas of Palm Springs. Indian lands are leased by the approval of the Secretary of the Interior under 25 U.S.C. Section 415.
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 Section 415, originally enacted in 1955, allows Indians to lease the surface of the land to non-Indians through designated terms.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.
Leasing terms vary in length of time. Before Section 415, commercial development was widely discouraged for Indian lands. The reasoning behind this discouragement was that the federal government wanted the Indians to learn how to use the land for themselves to become successful at farming, ranching, and businesses. Therefore, before 1955 leases could not exceed five to 10 year terms. After the enactment of Section 415, leases cannot exceed 25-year terms, unless they are Indian lands outside the reservation boundaries of the state of New Mexico. Grazing leases cannot exceed a term of ten years. On the other hand, specific tribes are allowed 99-year leases for lands outside the boundaries of reservations when the Secretary of the Interior deems beneficial to both parties.
Recreational businesses leasing Indian lands may renew leases for an additional 25-year extension on leases. The same pertains to educational, religious, and public enterprises leasing Indian lands. Leases where initial terms are more than 74 years do not have the opportunity of renewal. However, the Secretary of the Interior does have the authority to renew such leases if deemed necessary.
The United States Congress has the responsibility to act as guardians through an economic trust relationship with Indians. The basis behind statutes such as Section 415 is in protecting Indian lands and people from unscrupulous dealings of non-Indians with Indians. However, questions arise more often, to what extent the federal guardianship is unbiased when tribal authority has very little power to say how long lease terms should or should not be. Therefore, it is unclear to what extent the governments standards rely 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.
