25 U.S.C. § 396e — Officials authorized to approve leases

Page 118 TITLE 25—INDIANS § 396c 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 re- advertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private ne- gotiations: Provided, That the foregoing provi- sions 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, 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 et seq.]. (May 11, 1938, ch. 198, § 2, 52 Stat. 347.) 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 chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. 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. § 396c. Lessees of restricted lands to furnish bonds for performance On and after May 11, 1938, lessees of restricted Indian lands, tribal or allotted, for mining pur- poses, including oil and gas, shall furnish cor- porate surety bonds, in amounts satisfactory to the Secretary of the Interior, guaranteeing com- pliance 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. (May 11, 1938, ch. 198, § 3, 52 Stat. 348.) 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. § 396d. Rules and regulations governing oper- ations; limitations on oil or gas leases 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 promul- gated 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 Sec- retary 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. (May 11, 1938, ch. 198, § 4, 52 Stat. 348.) 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. § 396e. Officials authorized to approve leases The Secretary of the Interior may, in his dis- cretion, authorize superintendents or other offi- cials in the Indian Service to approve leases for oil, gas, or other mining purposes covering any restricted Indian lands, tribal or allotted. (May 11, 1938, ch. 198, § 5, 52 Stat. 348.) 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. 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. § 396f. Lands excepted from leasing provisions Sections 396a, 396b, 396c, and 396d of this title shall not apply to the Crow Reservation in Mon- tana, the ceded lands of the Shoshone Reserva- tion in Wyoming, the Osage Reservation in Oklahoma, nor to the coal and asphalt lands of the Choctaw and Chickasaw Tribes in Okla- homa. (May 11, 1938, ch. 198, § 6, 52 Stat. 348; May 27, 1955, ch. 106, § 2, 69 Stat. 68.) Editorial Notes AMENDMENTS 1955—Act May 27, 1955, struck out ‘‘the Papago Indian Reservation in Arizona,’’ after ‘‘shall not apply to’’. 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. PAPAGO INDIAN RESERVATION Section 1 of act May 27, 1955, authorized the leasing of minerals for mining purposes. See note under section 5103 of this title.