25 U.S.C. § 396 — Leases of allotted lands for mining pur-

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