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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 396 Leases of allotted lands for mining purposes us united_states_code code_section 25 INDIANS 12 LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS 396 25 U.S.C. § 396 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s396 data/legal/raw/us/code/title-25/usc25.xml a5592479541d4695ffb0a7c7cab1d5381dc7efb870645ab83601ae126905def3 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 88b1320023ff13e436f9b5cd17eb46590c0174c708a300ed3e3a21e8fa2322ce 2026-07-04 official
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25 U.S.C. § 396 - Leases of allotted lands for mining purposes

Text

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.)

Notes

Editorial Notes

Amendments1955—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.

Statutory Notes and Related Subsidiaries

Leases of Certain Allotted LandsPub. L. 106462, 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. 105188, § 1, July 7, 1998, 112 Stat. 620, as amended by Pub. L. 10667, § 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.