25 U.S. Code § 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.

Source

(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. 106–462, title II, § 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, § 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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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25 CFR - Indians

25 CFR Part 211 - LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT

25 CFR Part 212 - LEASING OF ALLOTTED LANDS FOR MINERAL DEVELOPMENT

25 CFR Part 216 - SURFACE EXPLORATION, MINING, AND RECLAMATION OF LANDS

25 CFR Part 217 - MANAGEMENT OF TRIBAL ASSETS OF UTE INDIAN TRIBE, UINTAH AND OURAY RESERVATION, UTAH, BY THE TRIBE AND THE UTE DISTRIBUTION CORP.

25 CFR Part 225 - OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS

30 CFR - Mineral Resources

30 CFR Part 203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 1201 - GENERAL

30 CFR Part 1202 - ROYALTIES

30 CFR Part 1203 - RELIEF OR REDUCTION IN ROYALTY RATES

30 CFR Part 1206 - PRODUCT VALUATION

30 CFR Part 1207 - SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS

30 CFR Part 1212 - RECORDS AND FILES MAINTENANCE

30 CFR Part 1217 - AUDITS AND INSPECTIONS

30 CFR Part 1218 - COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER MONIES DUE THE FEDERAL GOVERNMENT

30 CFR Part 1241 - PENALTIES

30 CFR Part 1243 - SUSPENSIONS PENDING APPEAL AND BONDING—OFFICE OF NATURAL RESOURCES REVENUE

43 CFR - Public Lands: Interior

43 CFR Part 3910 - OIL SHALE EXPLORATION LICENSES

 

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