Covenant not to cause waste, etc.
section 416 of this titleEvery lease entered into under shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be.
Judicial enforcement
ProvidedThe State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a): , That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona.
Binding arbitration of disputes
section 1 of title 9section 1331 of title 28Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation 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 . Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sections 1 through 14, shall be deemed to be a civil action arising under the Constitution, laws or treaties of the United States within the meaning of .
Pub. L. 89–715, § 280 Stat. 1112Pub. L. 98–16397 Stat. 1016Pub. L. 108–329, § 1(a)118 Stat. 1274(, , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 108–329section 81 of this title2004—Subsec. (c). , in first sentence, substituted “Any contract, including a lease, affecting land” for “Any lease entered into under sections 416 to 416j or 415 to 415d of this title or any contract entered into under , affecting land” and “such contract” for “such lease or contract” and, in second sentence, substituted “Such contracts” for “Such leases or contracts entered into pursuant to such sections”.
Pub. L. 98–1631983—Subsec. (c). added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–329, § 1(b)118 Stat. 1274