25 U.S.C. § 396f — Lands excepted from leasing provisions

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. 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,