§ 398. — Leases of unallotted lands for oil and gas 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: 25USC398]
TITLE 25--INDIANS
CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
Sec. 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
consent 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 Secretary 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.)
Section Referred to in Other Sections
This section is referred to in section 398a of this title.
