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25 U.S.C. § 396a — Leases of unallotted lands for mining purposes; duration of leases
Federal law — U.S. Code and appendices · legal_authorities
On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities.
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Stable record: federal_law:legal_authorities:record_usc_a7900c5c23c1c1dc6ead652f
Source file: Laws/federal/codes/united-states-code/title-25/section-396a-leases-of-unallotted-lands-for-mining-purposes-duration-of-leases--c0d09152ba.md
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Source location: Title 25, Chapter 12, § 396a; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md
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On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “national defense” includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions.
(2) The term “naval petroleum reserves” means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.
(3) The term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.
(4) The term “Secretary” means the Secretary of Energy.
(5) The term “small refiner” means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration.
(6) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8720
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Federal law — U.S. Code and appendices · legal_authorities
Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [[25 U.S.C. 5123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 5124], to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to the Act of June 18, 1934 [[25 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396b
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Federal law — U.S. Code and appendices · legal_authorities
On and after May 11, 1938, lessees of restricted Indian lands, tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing compliance with the terms of their leases: Provided, That personal surety bonds may be accepted where the sureties deposit as collateral with the said Secretary of the Interior any public-debt obligations of the United States guaranteed as to principal and interest by the United States equal to the full amount of such bonds, or other collateral satisfactory to the Secretary of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396c
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Federal law — U.S. Code and appendices · legal_authorities
All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a to 396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396d
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior may, in his discretion, authorize superintendents or other officials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396e
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Federal law — U.S. Code and appendices · legal_authorities
Sections 396a, 396b, 396c, and 396d of this title shall not apply to the Crow Reservation in Montana, the ceded lands of the Shoshone Reservation in Wyoming, the Osage Reservation in Oklahoma, nor to the coal and asphalt lands of the Choctaw and Chickasaw Tribes in Oklahoma.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396f
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the Indians, is authorized in his discretion to approve leases of lands that are subject to lease under section 396 or 396a of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the Secretary is authorized, in order to provide for the subsurface storage of oil or gas, to approve modifications, amendments, or extensions of the oil and gas or other mining lease(s), if any, in effect as to restricted Indian lands, tribal or allotted, and may promulgate rules and regulations consistent with such leases, modifications, amendments, and extensions, relating to the storage of oil or gas thereunder. Any such leases may provide for the payment of a storage fee or rental on such stored oil or gas or, in lieu of such fee or rental, for a royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. It may be provided that any oil and gas lease under which storage of oil or gas is so authorized shall be continued in effect at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 396g
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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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 396a
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