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25 U.S.C. § 396 — Leases of allotted lands for mining purposes
Federal law — U.S. Code and appendices · legal_authorities
All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale.
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Source file: Laws/federal/codes/united-states-code/title-25/section-396-leases-of-allotted-lands-for-mining-purposes--809506cbec.md
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Source location: Title 25, Chapter 12, § 396; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md
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All lands allotted to Indians in severalty, except allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining purposes for any term of years as may be deemed advisable by the Secretary of the Interior; and the Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this section into full force and effect: Provided, That if the said allottee is deceased and the heirs to or devisees of any interest in the allotment have not been determined, or, if determined, some or all of them cannot be located, the Secretary of the Interior may offer for sale leases for mining purposes to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and conditions as the Secretary of the Interior may prescribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judgment the interests of the Indians will be served by so doing, and to readvertise such lease for sale.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval by the Secretary**
(1) **In general** — Notwithstanding any other provision of law, the Secretary may approve any lease or agreement that affects individually owned allotted land or any other land held in trust or restricted status by the Secretary on behalf of an Indian, if—
(A) the owners of not less than the applicable percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agreement consent in writing to the lease or agreement; and
(B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the allotted land.
(2) **Rule of construction** — Nothing in this section shall be construed to apply to leases involving coal or uranium.
(3) **Definition** — In this section, the term “allotted land” includes any land held in trust or restricted status by the Secretary on behalf of one or more Indians.
**(b) Applicable percentage**
(1) **Percentage interest** — The applicable percentage referred to in subsection (a)(1) shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest in the allotted land, the applicable percentage shall be 90 percent.
(B) If there are more than 5 such owners, but fewer than 11 such owners, the applicable percentage shall be 80 percent.
(C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent.
(D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land.
(2) **Determination of owners**
(A) *In general* — For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided
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Federal law — U.S. Code and appendices · legal_authorities
Page 117
TITLE 25—INDIANS
§ 396b
§ 394. Leases of arid allotted lands
Whenever it shall appear to the satisfaction of
the Secretary of the Interior that the allotted
lands of any Indian are arid but susceptible of
irrigation and that the allottee, by reason of old
age or other disability, cannot personally oc-
cupy or improve his allotment or any portion
thereof, such lands, or such portion thereof, may
be leased for a period not exceeding ten years,
under such terms, rules, and regulations as may
be prescribed by the Secretary of the Interior.
(May 18, 1916, ch. 125, § 1, 39 Stat. 128.)
§ 395. Leases of allotted lands where allottee is
incapacitated
Whenever it shall be made to appear to the
Secretary of the Interior that, by reason of age,
disability, or inability, any allottee of Indian
lands cannot personally, and with benefit to
himself, occupy or improve his allotment or any
part thereof, the same may be leased upon such
terms, regulations, and conditions as shall be
prescribed by the Secretary for a term not ex-
ceeding five years, for farming purposes only.
(May 31, 1900, ch. 598, 31 Stat. 229.)
Editorial Notes
CODIFICATION
Act May 31, 1900, is applicable to ‘‘any allottee of In-
dian lands’’ and authorizes leases ‘‘for a term not ex-
ceeding five years, for farming purposes only’’ and su-
persedes the following prior provisions:
Act June 7, 1897, ch. 3, 30 Stat. 85.
Act June 10, 1896, ch. 398, 29 Stat. 340.
Act Mar. 2, 1895, ch. 188, 28 Stat. 900.
Act Aug. 15, 1894, ch. 290, 28 Stat. 305.
Statutory Notes and Related Subsidiaries
OTHER LEASING PROVISIONS
Special provisions for leasing allotted lands on cer-
tain reservations named in Utah and in Wyoming, for
cultivation under irrigation, were made by act Apr. 30,
1908, ch. 153, 35
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