25 USC 396 Leases of allotted lands for mining purposes

25 USC 396: Leases of allotted lands for mining purposes
Text contains those laws in effect on January 23, 2000
From Title 25-INDIANS
CHAPTER 12-LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS
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§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, §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. 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 Reservation in North Dakota or certain former
Indian reservations located in Oklahoma upon consent of majority interest and best interest
determination.

Cross References
Lands held in trust may be leased by allottee for period not to exceed five years under rules and
regulations of the Secretary of the Interior, see section 403 of this title.

Section Referred to in Other Sections
This section is referred to in section 396g of this title.