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25 U.S.C. § 396 — Leases of allotted lands for mining purposes

submitted 117 years ago by ch. 263 to r/title-25-INDIANS · 200 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets most Indian allottees lease their land for mining, for any term the Secretary approves. It excludes Five Civilized Tribes and Osage Indians in Oklahoma. If heirs cannot be found, the Secretary can auction mining leases directly.

Land allotted to individual Indians — except allotments belonging to members of the Five Civilized Tribes and Osage Indians in Oklahoma — may be leased by the allottee for mining purposes. The lease term can be any number of years the Secretary of the Interior thinks is advisable. The Secretary may take whatever actions and make whatever rules and regulations are necessary to carry this section out. There is an exception to how these leases get made: if the allottee has died, and the heirs or people who inherited an interest in the allotment have not been determined yet — or if they have been determined but some or all of them cannot be located — the Secretary may instead offer mining leases for sale directly. This happens through a public auction or sealed bids, to the highest responsible, qualified bidder, after proper notice and advertisement, on whatever terms and conditions the Secretary sets. The Secretary has the right to reject all bids, whenever the Secretary decides doing so serves the Indians' interests, and to advertise the lease for sale again.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch. 615, § 3, 69 Stat. 540.)

history & why it existsrecord from the source credit
  • 1909Enacted · Act of Mar. 3, 1909, ch. 263 · 35 Stat. 783
  • 1955Amended · Act of Aug. 9, 1955, ch. 615 · 69 Stat. 540

A history note hasn’t been published yet. The record shows enactment by ch. 263 on 1909-03-03.

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