§ 396. — Leases of allotted lands for mining purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC396]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 396. Leases of allotted lands for mining purposes
All lands allotted to Indians in severalty, except allotments made
to members of the Five Civilized Tribes and Osage Indians in Oklahoma,
may by said allottee be leased for mining purposes 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 purpose 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
devisees 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 purposes to the
highest responsible qualified bidder, at public auction, or on sealed
bids, after notice and advertisement, upon such terms and conditions as
the Secretary of the Interior may prescribe. The Secretary of the
Interior shall have the right to reject all bids whenever in his
judgment 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, Sec. 3, 69
Stat. 540.)
Amendments
1955--Act Aug. 9, 1955, authorized Secretary of the Interior 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 determined or cannot be located.
Leases of Certain Allotted Lands
Pub. L. 106-462, title II, Sec. 201, Nov. 7, 2000, 114 Stat. 2007,
authorized the Secretary of the Interior to approve 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, Sec. 1, July 7, 1998, 112 Stat. 620, as amended by
Pub. L. 106-67, Sec. 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
Reservation in North Dakota or certain former Indian reservations
located in Oklahoma upon consent of majority interest and best interest
determination.
Section Referred to in Other Sections
This section is referred to in section 396g of this title.
