25 U.S.C. § 396g — Subsurface storage of oil or gas

Page 119 TITLE 25—INDIANS § 398c § 396g. Subsurface storage of oil or gas The Secretary of the Interior, to avoid waste or to promote the conservation of natural re- sources or the welfare of the Indians, is author- ized 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 author- ized, in order to provide for the subsurface stor- age 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 re- stricted 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 pro- duced. It may be provided that any oil and gas lease under which storage of oil or gas is so au- thorized shall be continued in effect at least for the period of such storage use and so long there- after as oil or gas not previously produced is produced in paying quantities. (May 11, 1938, ch. 198, § 8, as added Aug. 1, 1956, ch. 808, 70 Stat. 774.) Statutory Notes and Related Subsidiaries REPEAL OF INCONSISTENT ACTS For repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title. § 397. Leases of lands for grazing or mining Where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural pur- poses, and are not desired for individual allot- ments, the same may be leased by authority of the council speaking for such Indians, for a pe- riod not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, sub- ject to the approval of the Secretary of the Inte- rior. (Feb. 28, 1891, ch. 383, § 3, 26 Stat. 795.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 398. Leases of unallotted lands for oil and gas mining purposes Unallotted land on Indian reservations other than lands of the Five Civilized Tribes and the Osage Reservation subject to lease for mining purposes for a period of ten years under section 397 of this title may be leased at public auction by the Secretary of the Interior, with the con- sent of the council speaking for such Indians, for oil and gas mining purposes for a period of not to exceed ten years, and as much longer as oil or gas shall be found in paying quantities, and the terms of any existing oil and gas mining lease may in like manner be amended by extending the term thereof for as long as oil or gas shall be found in paying quantities: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Sec- retary of the Interior is authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner. (May 29, 1924, ch. 210, 43 Stat. 244.) § 398a. Leases of unallotted lands for oil and gas mining purposes within Executive order In- dian reservations Unallotted lands within the limits of any res- ervation or withdrawal created by Executive order for Indian purposes or for the use or occu- pancy of any Indians or tribe may be leased for oil and gas mining purposes in accordance with the provisions contained in section 398 of this title. (Mar. 3, 1927, ch. 299, § 1, 44 Stat. 1347.) § 398b. Proceeds from rentals, royalties, and bo- nuses; disposition The proceeds from rentals, royalties, or bo- nuses of oil and gas leases upon lands within Ex- ecutive order Indian reservations or withdrawals shall be deposited in the Treasury of the United States to the credit of the tribe of Indians for whose benefit the reservation or withdrawal was created or who are using and occupying the land, and shall draw interest at the rate of 4 per centum per annum and be available for appro- priation by Congress for expenses in connection with the supervision of the development and op- eration of the oil and gas industry and for the use and benefit of such Indians: Provided, That said Indians, or their tribal council, shall be consulted in regard to the expenditure of such money, but no per capita payment shall be made except by Act of Congress. (Mar. 3, 1927, ch. 299, § 2, 44 Stat. 1347.) § 398c. Taxes Taxes may be levied and collected by the State or local authority upon improvements, output of mines or oil and gas wells, or other rights, property, or assets of any lessee upon lands within Executive order Indian reserva- tions in the same manner as such taxes are oth- erwise levied and collected, and such taxes may be levied against the share obtained for the Indi- ans as bonuses, rentals, and royalties, and the Secretary of the Interior is hereby authorized and directed to cause such taxes to be paid out of the tribal funds in the Treasury: Provided,