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25 U.S.C. § 396b — Public auction of oil and gas leases; requirements

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 396b — Public auction of oil and gas leases; requirements

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.].

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Source location: Title 25, Chapter 12, § 396b; chapter-012-lease-sale-or-surrender-of-allotted-or-unallotted-lands.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5101 — Allotment of land on Indian reservations

On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5123 — Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when— (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and (2) approved by the Secretary pursuant to subsection (d) of this section. **(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws. **(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings** (1) The Secretary shall call and hold an election as required by subsection (a) of this section— (A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or (B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. (2) During the time periods established by paragraph (1), the Secretary shall— (A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and (B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws. (3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 396a — Leases of unallotted lands for mining purposes; duration of leases

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

25 U.S.C. § 396b — Public auction of oil and gas leases; re-

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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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5101 — Allotment of land on Indian reservations

Page 691 TITLE 25—INDIANS § 5103 Sec. 5116. Standards for Indians appointed to In- dian Office. 5117. Indian preference laws applicable to Bu- reau of Indian Affairs and Indian Health Service positions. 5118. Application generally. 5119. Application to Alaska. 5120. Continuation of allowances. 5121. Claims or suits of Indian tribes against United States; rights unimpaired. 5122. Offsets of gratuities. 5123. Organization of Indian tribes; constitu- tion and bylaws and amendment there- of; special election. 5124. Incorporation of Indian tribes; charter; ratification by election. 5125. Acceptance optional. 5126. Mandatory application of sections 5102 and 5124. 5127. Procedure. 5128. Application of laws and treaties. 5129. Definitions. 5130. Definitions. 5131. Publication of list of recognized tribes. 5132. Indians eligible for loans. 5133. Revolving fund; loans; regulations. 5134. Sale of land by individual Indian owners. 5135. Mortgages and deeds of trust by indi- vidual Indian owners; removal from trust or restricted status; application to Secretary. 5136. Loans to purchasers of highly fractioned land. 5137. Removal of duplicative appraisals. 5138. Title in trust to United States. 5139. Tribal rights and privileges in connec- tion with loans. 5140. Mortgaged property governed by State law. 5141. Interest rates and taxes. 5142. Reduction of unpaid principal. 5143. Authorization of appropriations. 5144. Certification of rental proceeds. § 5101. Allotment of land on Indian reservations On and after June 18, 1934, no land of any In- dian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5123 — Organization of Indian tribes; constitu-

Page 699 TITLE 25—INDIANS § 5123 relief from distress caused by unemployment and conditions resulting therefrom, the prosecu- tion of public works and public projects for the relief of unemployment or to increase employ- ment, and for work relief (including the civil- works program) shall be considered in connec- tion with the operation of this section. (Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596; Pub. L. 97–164, title I, § 160(a)(8), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CODIFICATION Section was formerly classified to section 475a of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ wherever appearing. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’ wherever appear- ing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 5123. Organization of Indian tribe

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