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 Stat. 95, 97. Special provisions permitting Indians to whom lands have been allotted on the Yakima Indian reservation in the State of Washington, to lease such lands for agri- cultural purposes for a term not exceeding 5 years, or unimproved lands for a term not exceeding 10 years were made by acts May 31, 1900, ch. 598, 31 Stat. 246; Mar. 1, 1899, ch. 324, 30 Stat. 941. § 396. Leases of allotted lands for mining pur- poses All lands allotted to Indians in severalty, ex- cept allotments made to members of the Five Civilized Tribes and Osage Indians in Oklahoma, may by said allottee be leased for mining pur- poses 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 pur- pose 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 devi- sees 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 pur- poses to the highest responsible qualified bidder, at public auction, or on sealed bids, after notice and advertisement, upon such terms and condi- tions as the Secretary of the Interior may pre- scribe. The Secretary of the Interior shall have the right to reject all bids whenever in his judg- ment the interests of the Indians will be served by so doing, and to readvertise such lease for sale. (Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch. 615, § 3, 69 Stat. 540.) Editorial Notes AMENDMENTS 1955—Act Aug. 9, 1955, authorized Secretary of the In- terior to lease allotted lands for mining purposes where the allottee is deceased and the heirs to or devisees of any interest in the allotment either have not been de- termined or cannot be located. Statutory Notes and Related Subsidiaries LEASES OF CERTAIN ALLOTTED LANDS Pub. L. 106–462, title II, § 201, Nov. 7, 2000, 114 Stat. 2007, authorized the Secretary of the Interior to ap- prove oil or gas leases affecting individually owned Navajo Indian allotted lands in certain circumstances and defined pertinent terms with respect to such leases. Pub. L. 105–188, § 1, July 7, 1998, 112 Stat. 620, as amended by Pub. L. 106–67, § 1(2), Oct. 6, 1999, 113 Stat. 979, authorized Secretary of the Interior to approve any mineral lease or agreement that affects individually owned land located within Fort Berthold Indian Res- ervation in North Dakota or certain former Indian res- ervations located in Oklahoma upon consent of major- ity interest and best interest determination. § 396a. Leases of unallotted lands for mining pur- poses; 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 Fed- eral jurisdiction, except those specifically ex- cepted 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. (May 11, 1938, ch. 198, § 1, 52 Stat. 347.) Statutory Notes and Related Subsidiaries REPEAL OF INCONSISTENT ACTS Act May 11, 1938, ch. 198, § 7, 52 Stat. 348, provided that: ‘‘All Act [Acts] or parts of Acts inconsistent here- with are hereby repealed.’’ § 396b. Public auction of oil and gas leases; re- quirements Leases for oil- and/or gas-mining purposes cov- ering 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 Inte- rior may prescribe. Such advertisement shall re- serve to the Secretary of the Interior the right to reject all bids whenever in his judgment the 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.