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25 U.S.C. § 396aLeases of unallotted lands for mining purposes; duration of leases

submitted 88 years ago by ch. 198 to r/title-25-INDIANS · 88 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since May 11, 1938, tribes can lease their unallotted or tribally owned lands for mining. The Secretary of the Interior must approve the lease, and tribal leaders must authorize it. Leases can run up to ten years, plus as long afterward as minerals keep being produced in paying amounts.

This section covers unallotted lands within an Indian reservation, or lands a tribe, group, or band owns under federal jurisdiction — except any lands specifically excluded from sections 396a through 396g of this title. Since May 11, 1938, these lands may be leased for mining purposes. Two approvals are required: the tribal council or another authorized representative of the tribe must authorize the lease, and the Secretary of the Interior must approve it. A lease can last up to ten years, and can continue beyond that for as long as minerals keep being produced from the land in "paying quantities" — meaning in amounts profitable enough to be worth producing.
the actual law source: uscode.house.gov ↗public domain

On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities.

Source credit: (May 11, 1938, ch. 198, § 1, 52 Stat. 347.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of May 11, 1938, ch. 198 · 52 Stat. 347

A history note hasn’t been published yet. The record shows enactment by ch. 198 on 1938-05-11.

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