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25 U.S.C. § 401Leases for mining purposes of unallotted lands in Kaw Reservation

submitted 102 years ago by ch. 135 to r/title-25-INDIANS · 172 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may lease certain unallotted Kaw Reservation lands in Oklahoma for mining, at public auction, for the Kansas or Kaw Tribe's benefit. States may tax oil, gas, and mineral production on these lands the same way they tax production on unrestricted land, and the Secretary must pay that tax from the royalty interests. The tax can never become a lien against the land or the Indian owner's property.

The Secretary of the Interior can lease certain lands for mining. These are lands in the Kaw Reservation in Oklahoma that were reserved from allotment — one tract set aside as a cemetery (but not needed for that), and land reserved for school and agency purposes. The Secretary leases them at public auction, under whatever terms and rules the Secretary sets. The leases are for the use and benefit of members of the Kansas or Kaw Tribe of Indians. The section has two provisos. First, the state where the land sits may tax oil, gas, and other mineral production on these lands the same way it taxes production on unrestricted (non-Indian-trust) land. The Secretary of the Interior must pay that state tax out of the royalty interests earned on the land. Second, that tax can never become a lien or legal charge against the land itself or against the Indian owner's property.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized to lease for mining purposes lands reserved from allotment to be used as a cemetery and not needed for that purpose, and lands reserved for school and agency purposes in the Kaw Reservation in the State of Oklahoma, and for the use and benefit of the members of the Kansas or Kaw Tribe of Indians, at public auction, upon such terms and conditions and under such rules and regulations as he may prescribe: 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 hereby 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.

Source credit: (Apr. 28, 1924, ch. 135, 43 Stat. 111.)

history & why it existsrecord from the source credit
  • 1924Enacted · Act of Apr. 28, 1924, ch. 135 · 43 Stat. 111

A history note hasn’t been published yet. The record shows enactment by ch. 135 on 1924-04-28.

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