§ 396b. — Public auction of oil and gas leases; requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC396b]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 396b. Public auction of oil and gas leases; requirements
Leases for oil- and/or gas-mining purposes covering 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 Interior may prescribe. Such advertisement shall
reserve to the Secretary of the Interior the right to reject all bids
whenever in his judgment the 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 readvertise such lease for sale, or with
the consent of the tribal council or other governing tribal authorities,
a lease may be made by private negotiations: Provided, That the
foregoing provisions 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. 476, 477], 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. 461 et seq.].
(May 11, 1938, ch. 198, Sec. 2, 52 Stat. 347.)
References in Text
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V
(Sec. 461 et seq.) of chapter 14 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 461 of this title and Tables.
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.
Section Referred to in Other Sections
This section is referred to in sections 396a, 396d, 396f, 459c,
1724, 2105 of this title.
