Title 25 — Indians
Chapter 43 — Native American Housing Assistance and Self-Determination
§ 4211. 50-year leasehold interest in trust or restricted lands for housing purposes
Statutory text
Authority to lease
Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
Term
Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years.
Rule of construction
This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that—
is conferred by or pursuant to any other provision of law; or
provides for leases for any period exceeding 50 years.
Self-implementation
This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Native American Housing Assistance and Self-Determination Act of 1996
Pub. L. 104–330 title VII § 702 · 110 Stat. 4016
Enacted · 25 U.S.C. § 4211
(Pub. L. 104–330, title VII, § 702, Oct. 26, 1996, 110 Stat. 4050.)
Source evidence
Code source credit
(Pub. L. 104–330, title VII, § 702, Oct. 26, 1996, 110 Stat. 4050.)Enacted provision · exact public law section
SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING PURPOSES. (a) Authority To Lease.— Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes. (b) Term.— Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years. (c) Rule of Construction.— This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that— (1) is conferred by or pursuant to any other provision of law; or (2) provides for leases for any period exceeding 50 years. (d) Self-Implementation.— This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 705, referred to in subsec. (d), is section 705 of Pub. L. 104–330, which is set out as an Effective Date note below.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–330, title VII, § 705, , 110 Stat. 4052, provided that: “This title [enacting this subchapter and amending sections 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of Title 42, The Public Health and Welfare] and the amendments made by this title (but not including the amendments made by section 704 [amending sections 11902 to 11905 of Title 42]) shall take effect on the date of the enactment of this Act [].”