-CITE-
    25 USC CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED
           OR UNALLOTTED LANDS                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
     CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                                   LANDS

-MISC1-
    Sec.                                                     
    391.        Continuance of restrictions on alienation in patent.  
    391a.       Sale for town site; removal of restriction.           
    392.        Consent to or approval of alienation of allotments by
                 Secretary of the Interior.                           
    393.        Leases of restricted allotments.                      
    393a.       Lands of Five Civilized Tribes.                       
    394.        Leases of arid allotted lands.                        
    395.        Leases of allotted lands where allottee is
                 incapacitated.                                       
    396.        Leases of allotted lands for mining purposes.         
    396a.       Leases of unallotted lands for mining purposes;
                 duration of leases.                                  
    396b.       Public auction of oil and gas leases; requirements.   
    396c.       Lessees of restricted lands to furnish bonds for
                 performance.                                         
    396d.       Rules and regulations governing operations;
                 limitations on oil or gas leases.                    
    396e.       Officials authorized to approve leases.               
    396f.       Lands excepted from leasing provisions.               
    396g.       Subsurface storage of oil or gas.                     
    397.        Leases of lands for grazing or mining.                
    398.        Leases of unallotted lands for oil and gas mining
                 purposes.                                            
    398a.       Leases of unallotted lands for oil and gas mining
                 purposes within Executive order Indian reservations. 
    398b.       Proceeds from rentals, royalties, and bonuses;
                 disposition.                                         
    398c.       Taxes.                                                
    398d.       Changes in boundaries of Executive order reservations.
    398e.       Applications for permits to prospect for oil and gas
                 filed under other statutes; disposition.             
    399.        Leases of unallotted mineral lands withdrawn from
                 entry under mining laws.                             
    400.        Leases for mining purposes of reserved and unallotted
                 lands in Fort Peck and Blackfeet Indian Reservations.
    400a.       Lease for mining purposes of land reserved for agency
                 or school; disposition of proceeds; royalty.         
    401.        Leases for mining purposes of unallotted lands in Kaw
                 Reservation.                                         
    402.        Leases of surplus lands.                              
    402a.       Lease of unallotted irrigable lands for farming
                 purposes.                                            
    403.        Leases of lands held in trust.                        
    403a.       Lease of lands on Port Madison and Snohomish or
                 Tulalip Indian Reservations in Washington.           
    403a-1.     Sale or partition by owners of interests in allotted
                 lands in the Tulalip Reservation; termination of
                 Federal title, trust, and restrictions.              
    403a-2.     Acquisition, management, and disposal of lands by
                 Tulalip Tribe.                                       
    403b.       Lease of restricted lands in State of Washington.     
    403c.       Identity of lessor; period of lease.                  
    404.        Sale on petition of allottee or heirs.                
    405.        Sale of allotment of noncompetent Indian.             
    406.        Sale of timber on lands held under trust.             
    407.        Sale of timber on unallotted lands.                   
    407a to 407c. Omitted.                                            
    407d.       Charges for special services to purchasers of timber. 
    408.        Surrender of allotments by relinquishment for benefit
                 of children.                                         
    409.        Sale of lands within reclamation projects.            
    409a.       Sale of restricted lands; reinvestment in other
                 restricted lands.                                    
    410.        Moneys from lease or sale of trust lands not liable
                 for certain debts.                                   
    411.        Interest on moneys from proceeds of sale.             
    412.        Payment of taxes from share of allottee in tribal
                 funds.                                               
    412a.       Exemption from taxation of lands subject to
                 restrictions against alienation; determination of
                 homestead.                                           
    413.        Fees to cover cost of work performed for Indians.     
    414.        Reservation of minerals in sale of Choctaw-Chickasaw
                 lands.                                               
    415.        Leases of restricted lands.                           
    415a.       Lease of lands of deceased Indians for benefit of
                 heirs or devisees.                                   
    415b.       Advance payment of rent or other consideration.       
    415c.       Approval of leases.                                   
    415d.       Lease of restricted lands under other laws unaffected.
    416.        Leases of trust or restricted lands on San Xavier and
                 Salt River Pima-Maricopa Indian Reservations for
                 public, religious, educational, recreational,
                 residential, business, farming or grazing purposes.  
    416a.       Lease provisions.                                     
    416b.       Development pursuant to lease.                        
    416c.       Lease of lands of deceased Indians for benefit of
                 heirs or devisees.                                   
    416d.       Advance payment of rent or other consideration.       
    416e.       Approval of leases.                                   
    416f.       Dedication of land for public purposes.               
    416g.       Contract for water, sewerage, law enforcement, or
                 other public services.                               
    416h.       Zoning, building, and sanitary regulations.           
    416i.       Restrictions.                                         
    416j.       Mission San Xavier del Bac.                           

-End-



-CITE-
    25 USC Sec. 391                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 391. Continuance of restrictions on alienation in patent

-STATUTE-
      Prior to the expiration of the trust period of any Indian
    allottee to whom a trust or other patent containing restrictions
    upon alienation has been or shall be issued under any law or treaty
    the President may, in his discretion, continue such restrictions on
    alienation for such period as he may deem best: Provided, however,
    That this shall not apply to lands in the former Indian Territory.

-SOURCE-
    (June 21, 1906, ch. 3504, 34 Stat. 326.)

-End-



-CITE-
    25 USC Sec. 391a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 391a. Sale for town site; removal of restriction

-STATUTE-
      For the purpose of allowing any Indian allottee to sell for
    townsite purposes any portion of the lands allotted to him, the
    Secretary of the Interior may, by order, remove restrictions upon
    the alienation of such lands and issue fee-simple patents therefor
    under such rules and regulations as he may prescribe.

-SOURCE-
    (June 21, 1906, ch. 3504, 34 Stat. 373.)

-End-



-CITE-
    25 USC Sec. 392                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 392. Consent to or approval of alienation of allotments by
      Secretary of the Interior

-STATUTE-
      Whenever, in any law or treaty or in any patent issued to Indian
    allottees for lands in severalty pursuant to such law or treaty,
    there appears a provision to the effect that the lands so allotted
    cannot be alienated without the consent of the President of the
    United States, the Secretary of the Interior shall have full power
    and authority to consent to or approve of the alienation of such
    allotments, in whole or in part, in his discretion, by deed, will,
    lease, or any other form of conveyance, and such consent or
    approval by the Secretary of the Interior on and after September
    21, 1922, had in all such cases shall have the same force and legal
    effect as though the consent or approval of the President had
    previously been obtained: Provided, however, That the approval by
    the Secretary of the Interior of wills by Indian allottees or their
    heirs involving lands held under such patents shall not operate to
    remove the restrictions against alienation unless such order of
    approval by said Secretary shall specifically so direct.

-SOURCE-
    (Sept. 21, 1922, ch. 367, Sec. 6, 42 Stat. 995.)

-End-



-CITE-
    25 USC Sec. 393                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 393. Leases of restricted allotments

-STATUTE-
      The restricted allotment of any Indian may be leased for farming
    and grazing purposes by the allottee or his heirs, subject only to
    the approval of the superintendent or other officer in charge of
    the reservation where the land is located, under such rules and
    regulations as the Secretary of the Interior may prescribe:
    Provided, That this provision shall not apply to the Five Civilized
    Tribes.

-SOURCE-
    (Mar. 3, 1921, ch. 119, 41 Stat. 1232.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 393a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 393a. Lands of Five Civilized Tribes

-STATUTE-
      From and after thirty days from February 11, 1936 the restricted
    lands belonging to Indians of the Five Civilized Tribes in Oklahoma
    of one-half or more Indian blood, enrolled or unenrolled, may be
    leased for periods of not to exceed five years for farming and
    grazing purposes, under such rules and regulations as the Secretary
    of the Interior may prescribe and not otherwise. Such leases shall
    be made by the owner or owners of such lands, if adults, subject to
    approval by the superintendent or other official in charge of the
    Five Civilized Tribes Agency, and by such superintendent or other
    official in charge of said agency in cases of minors and of Indians
    who are non compos mentis.

-SOURCE-
    (Feb. 11, 1936, ch. 50, 49 Stat. 1135.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 394                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 394. Leases of arid allotted lands

-STATUTE-
      Whenever it shall appear to the satisfaction of the Secretary of
    the Interior that the allotted lands of any Indian are arid but
    susceptible of irrigation and that the allottee, by reason of old
    age or other disability, cannot personally occupy or improve his
    allotment or any portion thereof, such lands, or such portion
    thereof, may be leased for a period not exceeding ten years, under
    such terms, rules, and regulations as may be prescribed by the
    Secretary of the Interior.

-SOURCE-
    (May 18, 1916, ch. 125, Sec. 1, 39 Stat. 128.)

-End-



-CITE-
    25 USC Sec. 395                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 395. Leases of allotted lands where allottee is incapacitated

-STATUTE-
      Whenever it shall be made to appear to the Secretary of the
    Interior that, by reason of age, disability, or inability, any
    allottee of Indian lands cannot personally, and with benefit to
    himself, occupy or improve his allotment or any part thereof, the
    same may be leased upon such terms, regulations, and conditions as
    shall be prescribed by the Secretary for a term not exceeding five
    years, for farming purposes only.

-SOURCE-
    (May 31, 1900, ch. 598, 31 Stat. 229.)

-COD-
                               CODIFICATION                           
      Act May 31, 1900, is applicable to "any allottee of Indian lands"
    and authorizes leases "for a term not exceeding five years, for
    farming purposes only" and supersedes the following prior
    provisions:
      Act June 7, 1897, ch. 3, 30 Stat. 85.
      Act June 10, 1896, ch. 398, 29 Stat. 340.
      Act Mar. 2, 1895, ch. 188, 28 Stat. 900.
      Act Aug. 15, 1894, ch. 290, 28 Stat. 305.


-MISC1-
                         OTHER LEASING PROVISIONS                     
      Special provisions for leasing allotted lands on certain
    reservations named in Utah and in Wyoming, for cultivation under
    irrigation, were made by act Apr. 30, 1908, ch. 153, 35 Stat. 95,
    97.
      Special provisions permitting Indians to whom lands have been
    allotted on the Yakima Indian reservation in the State of
    Washington, to lease such lands for agricultural purposes for a
    term not exceeding 5 years, or unimproved lands for a term not
    exceeding 10 years were made by acts May 31, 1900, ch. 598, 31
    Stat. 246; Mar. 1, 1899, ch. 324, 30 Stat. 941.

-End-



-CITE-
    25 USC Sec. 396                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396. Leases of allotted lands for mining purposes

-STATUTE-
      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, Sec.
    3, 69 Stat. 540.)


-MISC1-
                                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, Sec. 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, Sec. 1, July 7, 1998, 112 Stat. 620, as amended
    by Pub. L. 106-67, Sec. 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.

-End-



-CITE-
    25 USC Sec. 396a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396a. Leases of unallotted lands for mining purposes; duration
      of leases

-STATUTE-
      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-
    (May 11, 1938, ch. 198, Sec. 1, 52 Stat. 347.)


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      Section 7 of act May 11, 1938, provided that: "All Act [Acts] or
    parts of Acts inconsistent herewith are hereby repealed."

-End-



-CITE-
    25 USC Sec. 396b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396b. Public auction of oil and gas leases; requirements

-STATUTE-
      Leases for oil- and/or gas-mining purposes covering such
    unallotted lands shall be offered for sale to the highest
    responsible qualified bidder, at public auction or on sealed bids,
    after notice and advertisement, upon such terms and subject to such
    conditions as the Secretary of the Interior may prescribe. Such
    advertisement shall reserve to the Secretary of the Interior the
    right to reject all bids whenever in his judgment the interest of
    the Indians will be served by so doing, and if no satisfactory bid
    is received, or the accepted bidder fails to complete the lease, or
    the Secretary of the Interior shall determine that it is unwise in
    the interest of the Indians to accept the highest bid, said
    Secretary may readvertise such lease for sale, or with the consent
    of the tribal council or other governing tribal authorities, a
    lease may be made by private negotiations: Provided, That the
    foregoing provisions shall in no manner restrict the right of
    tribes organized and incorporated under sections 16 and 17 of the
    Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 476, 477], to lease
    lands for mining purposes as therein provided and in accordance
    with the provisions of any constitution and charter adopted by any
    Indian tribe pursuant to the Act of June 18, 1934 [25 U.S.C. 461 et
    seq.].

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 2, 52 Stat. 347.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 18, 1934, referred to in text, popularly known as the
    Indian Reorganization Act, is classified generally to subchapter V
    (Sec. 461 et seq.) of chapter 14 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of this title and Tables.


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.

-End-



-CITE-
    25 USC Sec. 396c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396c. Lessees of restricted lands to furnish bonds for
      performance

-STATUTE-
      On and after May 11, 1938, lessees of restricted Indian lands,
    tribal or allotted, for mining purposes, including oil and gas,
    shall furnish corporate surety bonds, in amounts satisfactory to
    the Secretary of the Interior, guaranteeing compliance with the
    terms of their leases: Provided, That personal surety bonds may be
    accepted where the sureties deposit as collateral with the said
    Secretary of the Interior any public-debt obligations of the United
    States guaranteed as to principal and interest by the United States
    equal to the full amount of such bonds, or other collateral
    satisfactory to the Secretary of the Interior, or show ownership to
    unencumbered real estate of a value equal to twice the amount of
    the bonds.

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 3, 52 Stat. 348.)


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.

-End-



-CITE-
    25 USC Sec. 396d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396d. Rules and regulations governing operations; limitations
      on oil or gas leases

-STATUTE-
      All operations under any oil, gas, or other mineral lease issued
    pursuant to the terms of sections 396a to 396g of this title or any
    other Act affecting restricted Indian lands shall be subject to the
    rules and regulations promulgated by the Secretary of the Interior.
    In the discretion of the said Secretary, any lease for oil or gas
    issued under the provisions of sections 396a to 396g of this title
    shall be made subject to the terms of any reasonable cooperative
    unit or other plan approved or prescribed by said Secretary prior
    or subsequent to the issuance of any such lease which involves the
    development or production of oil or gas from land covered by such
    lease.

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 4, 52 Stat. 348.)


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.

-End-



-CITE-
    25 USC Sec. 396e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396e. Officials authorized to approve leases

-STATUTE-
      The Secretary of the Interior may, in his discretion, authorize
    superintendents or other officials in the Indian Service to approve
    leases for oil, gas, or other mining purposes covering any
    restricted Indian lands, tribal or allotted.

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 5, 52 Stat. 348.)


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 396f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396f. Lands excepted from leasing provisions

-STATUTE-
      Sections 396a, 396b, 396c, and 396d of this title shall not apply
    to the Crow Reservation in Montana, the ceded lands of the Shoshone
    Reservation in Wyoming, the Osage Reservation in Oklahoma, nor to
    the coal and asphalt lands of the Choctaw and Chickasaw Tribes in
    Oklahoma.

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 6, 52 Stat. 348; May 27, 1955, ch.
    106, Sec. 2, 69 Stat. 68.)


-MISC1-
                                AMENDMENTS                            
      1955 - Act May 27, 1955, struck out "the Papago Indian
    Reservation in Arizona," after "shall not apply to".

                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.

                         PAPAGO INDIAN RESERVATION                     
      Section 1 of act May 27, 1955, authorized the leasing of minerals
    for mining purposes. See note under section 463 of this title.

-End-



-CITE-
    25 USC Sec. 396g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 396g. Subsurface storage of oil or gas

-STATUTE-
      The Secretary of the Interior, to avoid waste or to promote the
    conservation of natural resources or the welfare of the Indians, is
    authorized in his discretion to approve leases of lands that are
    subject to lease under section 396 or 396a of this title, for the
    subsurface storage of oil and gas, irrespective of the lands from
    which initially produced, and the Secretary is authorized, in order
    to provide for the subsurface storage of oil or gas, to approve
    modifications, amendments, or extensions of the oil and gas or
    other mining lease(s), if any, in effect as to restricted Indian
    lands, tribal or allotted, and may promulgate rules and regulations
    consistent with such leases, modifications, amendments, and
    extensions, relating to the storage of oil or gas thereunder. Any
    such leases may provide for the payment of a storage fee or rental
    on such stored oil or gas or, in lieu of such fee or rental, for a
    royalty other than that prescribed in the lease when such stored
    oil or gas is produced in conjunction with oil or gas not
    previously produced. It may be provided that any oil and gas lease
    under which storage of oil or gas is so authorized shall be
    continued in effect at least for the period of such storage use and
    so long thereafter as oil or gas not previously produced is
    produced in paying quantities.

-SOURCE-
    (May 11, 1938, ch. 198, Sec. 8, as added Aug. 1, 1956, ch. 808, 70
    Stat. 774.)


-MISC1-
                        REPEAL OF INCONSISTENT ACTS                    
      For repeal of inconsistent acts, see section 7 of act May 11,
    1938, set out as a note under section 396a of this title.

-End-



-CITE-
    25 USC Sec. 397                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 397. Leases of lands for grazing or mining

-STATUTE-
      Where lands are occupied by Indians who have bought and paid for
    the same, and which lands are not needed for farming or
    agricultural purposes, and are not desired for individual
    allotments, the same may be leased by authority of the council
    speaking for such Indians, for a period not to exceed five years
    for grazing, or ten years for mining purposes in such quantities
    and upon such terms and conditions as the agent in charge of such
    reservation may recommend, subject to the approval of the Secretary
    of the Interior.

-SOURCE-
    (Feb. 28, 1891, ch. 383, Sec. 3, 26 Stat. 795.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 398                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398. Leases of unallotted lands for oil and gas mining
      purposes

-STATUTE-
      Unallotted land on Indian reservations other than lands of the
    Five Civilized Tribes and the Osage Reservation subject to lease
    for mining purposes for a period of ten years under section 397 of
    this title may be leased at public auction by the Secretary of the
    Interior, with the consent of the council speaking for such
    Indians, for oil and gas mining purposes for a period of not to
    exceed ten years, and as much longer as oil or gas shall be found
    in paying quantities, and the terms of any existing oil and gas
    mining lease may in like manner be amended by extending the term
    thereof for as long as oil or gas shall be found in paying
    quantities: 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 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-
    (May 29, 1924, ch. 210, 43 Stat. 244.)

-End-



-CITE-
    25 USC Sec. 398a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398a. Leases of unallotted lands for oil and gas mining
      purposes within Executive order Indian reservations

-STATUTE-
      Unallotted lands within the limits of any reservation or
    withdrawal created by Executive order for Indian purposes or for
    the use or occupancy of any Indians or tribe may be leased for oil
    and gas mining purposes in accordance with the provisions contained
    in section 398 of this title.

-SOURCE-
    (Mar. 3, 1927, ch. 299, Sec. 1, 44 Stat. 1347.)

-End-



-CITE-
    25 USC Sec. 398b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398b. Proceeds from rentals, royalties, and bonuses;
      disposition

-STATUTE-
      The proceeds from rentals, royalties, or bonuses of oil and gas
    leases upon lands within Executive order Indian reservations or
    withdrawals shall be deposited in the Treasury of the United States
    to the credit of the tribe of Indians for whose benefit the
    reservation or withdrawal was created or who are using and
    occupying the land, and shall draw interest at the rate of 4 per
    centum per annum and be available for appropriation by Congress for
    expenses in connection with the supervision of the development and
    operation of the oil and gas industry and for the use and benefit
    of such Indians: Provided, That said Indians, or their tribal
    council, shall be consulted in regard to the expenditure of such
    money, but no per capita payment shall be made except by Act of
    Congress.

-SOURCE-
    (Mar. 3, 1927, ch. 299, Sec. 2, 44 Stat. 1347.)

-End-



-CITE-
    25 USC Sec. 398c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398c. Taxes

-STATUTE-
      Taxes may be levied and collected by the State or local authority
    upon improvements, output of mines or oil and gas wells, or other
    rights, property, or assets of any lessee upon lands within
    Executive order Indian reservations in the same manner as such
    taxes are otherwise levied and collected, and such taxes may be
    levied against the share obtained for the Indians as bonuses,
    rentals, and royalties, and the Secretary of the Interior is hereby
    authorized and directed to cause such taxes to be paid out of the
    tribal funds in the Treasury: Provided, That such taxes shall not
    become a lien or charge of any kind against the land or other
    property of such Indians.

-SOURCE-
    (Mar. 3, 1927, ch. 299, Sec. 3, 44 Stat. 1347.)

-End-



-CITE-
    25 USC Sec. 398d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398d. Changes in boundaries of Executive order reservations

-STATUTE-
      Changes in the boundaries of reservations created by Executive
    order, proclamation, or otherwise for the use and occupation of
    Indians shall not be made except by Act of Congress.

-SOURCE-
    (Mar. 3, 1927, ch. 299, Sec. 4, 44 Stat. 1347; Pub. L. 94-579,
    title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out proviso relating to
    nonapplicability of provisions to temporary withdrawals by
    Secretary of the Interior.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see Savings Provision note set out under section 1701 of Title 43,
    Public Lands.

-End-



-CITE-
    25 USC Sec. 398e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 398e. Applications for permits to prospect for oil and gas
      filed under other statutes; disposition

-STATUTE-
      The Secretary of the Interior is hereby authorized, under such
    rules and regulations as he may prescribe, to allow any person who
    prior to May 27, 1924, filed an application for a permit in
    accordance with the provisions of the Act of February 25, 1920, to
    prospect for oil and gas upon lands within an Indian reservation or
    withdrawal created by Executive order who shall show to the
    satisfaction of the Secretary of the Interior that he, or the party
    with whom he has contracted, has done prior to January 1, 1926, any
    or all of the following things, to wit, expended money or labor in
    geologically surveying the lands covered by such application, has
    built a road for the benefit of such lands, or has drilled or
    contributed toward the drilling of the geologic structure upon
    which such lands are located, or who in good faith has either filed
    a motion for reinstatement or rehearing; or performed any other act
    which in the judgment of the Secretary of the Interior entitles him
    to equitable relief, to prospect for a period of two years from
    March 3, 1927, or for such further time as the Secretary of the
    Interior may deem reasonable or necessary for the full exploration
    of the land described in his application under the terms and
    conditions therein set out, and a substantial contribution toward
    the drilling of the geologic structure thereon by such applicant
    for a permit thereon may be considered as prospecting under the
    provisions hereof; and upon establishing to the satisfaction of the
    Secretary of the Interior that valuable deposits of oil and gas
    have been discovered within the limits of the land embraced in any
    such application, he shall be entitled to a lease for one-fourth of
    the land embraced in the application: Provided, That the applicant
    shall be granted a lease for as much as one hundred and sixty acres
    of said lands if there be that number of acres within the
    application. The area to be selected by the applicant shall be in
    compact form and, if surveyed, to be described by the legal
    subdivisions of the public land surveyed; if unsurveyed, to be
    surveyed by the Government at the expense of the applicant for
    lease in accordance with rules and regulations to be prescribed by
    the Secretary of the Interior, and the lands leased shall be
    conformed to and taken in accordance with the legal subdivisions of
    such surveys; deposit made to cover expense of surveys shall be
    deemed appropriated for that purpose, and any excess deposits may
    be repaid to the person or persons making such deposit or their
    legal representatives. Such leases shall be for a term of twenty
    years upon a royalty of 5 per centum in amount or value of the
    production and the annual payment in advance of a rental of $1 per
    acre, the rental paid for any one year to be credited against the
    royalties as they may accrue for that year, with the preferential
    right in the lessee to renew the same for successive periods of ten
    years upon such reasonable terms and conditions as may be
    prescribed by the Secretary of the Interior. The applicant shall
    also be entitled to a preference right to a lease for the remainder
    of the land in his application at a royalty of not less than 12 1/2
     per centum in amount or value of the production, the royalty to be
    determined by competitive bidding or fixed by such other methods as
    the Secretary of the Interior may by regulations prescribe:
    Provided further, That the Secretary of the Interior shall have the
    right to reject any or all bids.

-SOURCE-
    (Mar. 3, 1927, ch. 299, Sec. 5, 44 Stat. 1347.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 25, 1920, referred to in text, probably means act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.

-End-



-CITE-
    25 USC Sec. 399                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 399. Leases of unallotted mineral lands withdrawn from entry
      under mining laws

-STATUTE-
      Authority of Secretary of the Interior to lease - The Secretary
    of the Interior is authorized and empowered, under general
    regulations to be fixed by him and under such terms and conditions
    as he may prescribe, not inconsistent with the terms of this
    section, to lease to citizens of the United States, or to any
    association of such persons, or to any corporation organized under
    the laws of the United States or of any State or Territory thereof,
    any part of the unallotted lands within any Indian reservation
    within the States of Arizona, California, Idaho, Montana, Nevada,
    New Mexico, Oregon, Washington, or Wyoming withdrawn prior to June
    30, 1919, from entry under the mining laws for the purpose of
    mining for deposits of gold, silver, copper, and other valuable
    metalliferous minerals, and nonmetalliferous minerals, not
    including oil and gas, which leases shall be irrevocable, except as
    herein provided, but which may be declared null and void upon
    breach of any of their terms.
      Location of mining claims - Unallotted lands, or such portion
    thereof as the Secretary of the Interior shall determine, within
    Indian reservations withheld prior to June 30, 1919, from
    disposition under the mining laws may be declared by the Secretary
    of the Interior to be subject to exploration for the discovery of
    deposits of gold, silver, copper, and other valuable metalliferous
    minerals and nonmetalliferous minerals, not including oil and gas,
    by citizens of the United States, and after such declaration mining
    claims may be located by such citizens in the same manner as mining
    claims are located under the mining laws of the United States.
      Preference right of locators of claims to lease of lands - The
    locators of all such mining claims, or their heirs, successors, or
    assigns, shall have a preference right to apply to the Secretary of
    the Interior for a lease, under the terms and conditions of this
    section, within one year after the date of the location of any
    mining claim, and any such locator who shall fail to apply for a
    lease within one year from the date of location shall forfeit all
    rights to such mining claim.
      Filing copies of location notices - Duplicate copies of the
    location notice shall be filed within sixty days with the
    superintendent in charge of the reservation on which the mining
    claim is located, and application for a lease under this section
    may be filed with such superintendent for transmission, through
    official channels, to the Secretary of the Interior.
      Lands excepted from entry as mining claims - Lands containing
    springs, water holes, or other bodies of water needed or used by
    the Indians for watering livestock, irrigation, or water-power
    purposes shall not be designated by the Secretary of the Interior
    as subject to entry under this section.
      Term of lease; renewal - Leases under this section shall be for a
    period of twenty years, with the preferential right in the lessee
    to renew the same for successive periods of ten years, upon such
    reasonable terms and conditions as may be prescribed by the
    Secretary of the Interior, unless otherwise provided by law at the
    time of the expiration of such periods.
      Relinquishment of rights by lessee - The lessee may, in the
    discretion of the Secretary of the Interior, be permitted at any
    time to make written relinquishment of all rights under such a
    lease and upon acceptance thereof be thereby relieved of all future
    obligations under said lease.
      Lease of additional land for camp sites and other purposes - In
    addition to areas of mineral land to be included in leases under
    this section the Secretary of the Interior, in his discretion, may
    grant to the lessee the right to use, during the life of the lease,
    subject to the payment of an annual rental of not less than $1 per
    acre, a tract of unoccupied land, not exceeding forty acres in
    area, for camp sites, milling, smelting, and refining works, and
    for other purposes connected with and necessary to the proper
    development and use of the deposits covered by the lease.
      Reservation of surface of leased land to United States; easements
    - The Secretary of the Interior, in his discretion, in making any
    lease under this section, may reserve to the United States the
    right to lease for a term not exceeding that of the mineral lease,
    the surface of the lands embraced within such lease under existing
    law or laws hereafter enacted, insofar as said surface is not
    necessary for use of the lessee in extracting and removing the
    deposits therein: Provided, That the said Secretary, during the
    life of the lease, is hereby authorized to issue such permits for
    easements herein provided to be reserved.
      Rights and duties of successors to lessees - Any successor in
    interest or assignee of any lease granted under this section,
    whether by voluntary transfer, judicial sale, foreclosure sale, or
    otherwise, shall be subject to all the conditions of the lease
    under which such rights are held and also subject to all the
    provisions and conditions of this section to the same extent as
    though such successor or assign were the original lessee hereunder.
      Forfeiture of leases; notice - Any lease granted under this
    section may be forfeited and canceled by appropriate proceedings in
    the United States district court for the district in which said
    property or some part thereof is situated whenever the lessee,
    after reasonable notice in writing, as prescribed in the lease,
    shall fail to comply with the terms of this section or with such
    conditions not inconsistent herewith as may be specifically recited
    in the lease.
      Royalties payable by lessees - For the privilege of mining or
    extracting the mineral deposits in the ground covered by the lease
    the lessee shall pay to the United States, for the benefit of the
    Indians, a royalty which shall not be less than 5 per centum of the
    net value of the output of the minerals at the mine, due and
    payable at the end of each month succeeding that of the extraction
    of the minerals from the mine, and an annual rental, payable at the
    date of such lease and annually thereafter on the area covered by
    such lease, at the rate of not less than 25 cents per acre for the
    first calendar year thereafter; not less than 50 cents per acre for
    the second, third, fourth, and fifth years, respectively; and not
    less than $1 per acre for each and every year thereafter during the
    continuance of the lease, except that such rental for any year
    shall be credited against the royalties as they accrue for that
    year.
      Development work by locators or lessees; damage to land - In
    addition to the payment of the royalties and rentals as herein
    provided the lessee shall expend annually not less than $100 in
    development work for each mining claim located or leased in the
    same manner as an annual expenditure for labor or improvements is
    required to be made under the mining laws of the United States:
    Provided, That the lessee shall also agree to pay all damages
    occasioned by reason of his mining operations to the land or
    allotment of any Indian or to the crops or improvements thereon.
      Cutting timber by lessees - No timber shall be cut upon the
    reservation by the lessee except for mining purposes and then only
    after first obtaining a permit from the superintendent of the
    reservation and upon payment of the fair value thereof.
      Examination of books and accounts of lessees - The Secretary of
    the Interior is authorized to examine the books and accounts of
    lessees, and to require them to submit statements, representations,
    or reports, including information as to cost of mining, all of
    which statements, representations, or reports so required shall be
    upon oath, unless otherwise specified, and in such form and upon
    such blanks as the Secretary of the Interior may require; and any
    person making any false statement, representation, or report under
    oath or in any declaration, certificate, verification, or statement
    under penalty of perjury as permitted under section 1746 of title
    28 shall be subject to punishment as for perjury.
      Disposition of rentals and royalties - All moneys received from
    royalties and rentals under the provisions of this section shall be
    deposited in the Treasury of the United States to the credit of the
    Indians belonging and having tribal rights on the reservation where
    the leased land is located, which moneys shall be at all times
    subject to appropriation by Congress for their benefit, unless
    otherwise provided by treaty or agreement ratified by Congress:
    Provided, That such moneys shall be subject to the laws authorizing
    the pro rata distribution of Indian tribal funds.
      Protection of interests of Indians - The Secretary of the
    Interior is authorized to perform any and all acts and to make such
    rules and regulations not inconsistent with this section as may be
    necessary and proper for the protection of the interests of the
    Indians and for the purpose of carrying the provisions of this
    section into full force and effect: Provided, That nothing in this
    section shall be construed or held to affect the right of the
    States or other local authority to exercise any rights which they
    may have to levy and collect taxes upon improvements, output of
    mines, or other rights, property, or assets of any lessee.
      Mining locations by and leases to Indians declared competent -
    Mining locations, under the terms of this section, may be made on
    unallotted lands within Indian reservations by Indians who have
    heretofore or may hereafter be declared by the Secretary of the
    Interior to be competent to manage their own affairs; and the said
    Secretary is authorized and empowered to lease such lands to such
    Indians in accordance with the provisions of this section.
      Mining locations by and leases to other Indians - The Secretary
    of the Interior is authorized to permit other Indians to make
    locations and obtain leases under the provisions of this section,
    under such rules and regulations as he may prescribe in regard to
    the working, developing, disposition, and selling of the products,
    and the disposition of the proceeds thereof of any such mine by
    such Indians.
      "Metalliferous" defined - Wherever the term "metalliferous" is
    used in this section it shall be defined and construed by the
    Secretary of the Interior to include magnesite, gypsum, limestone,
    and asbestos.

-SOURCE-
    (June 30, 1919, ch. 4, Sec. 26, 41 Stat. 31; Mar. 3, 1921, ch. 119,
    41 Stat. 1231; Dec. 16, 1926, ch. 12, 44 Stat. 922; Pub. L. 94-550,
    Sec. 10, Oct. 18, 1976, 90 Stat. 2536.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws of the United States, referred to in text, are
    classified generally to Title 30, Mineral Lands and Mining.

-COD-
                               CODIFICATION                           
      Act Mar. 3, 1921, defined the term "metalliferous".


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-550 inserted "or in any declaration,
    certificate, verification, or statement under penalty of perjury as
    permitted under section 1746 of title 28" after "under oath" in
    paragraph authorizing Secretary of the Interior to examine books
    and accounts of lessees.
      1926 - Act Dec. 16, 1926, inserted "and nonmetalliferous
    minerals, not including oil and gas" after "metalliferous minerals"
    in first and second paragraphs and reenacted third, fourth, and
    fifth paragraphs without change.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1,2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
    1262, set out in the Appendix to Title 5, Government Organization
    and Employees.

-End-



-CITE-
    25 USC Sec. 400                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 400. Leases for mining purposes of reserved and unallotted
      lands in Fort Peck and Blackfeet Indian Reservations

-STATUTE-
      Lands reserved for school and agency purposes and all other
    unallotted lands on the Fort Peck and Blackfeet Indian
    Reservations, in the State of Montana, reserved from allotment or
    other disposition, may be leased for mining purposes under
    regulations prescribed by the Secretary of the Interior.

-SOURCE-
    (Sept. 20, 1922, ch. 347, 42 Stat. 857.)

-End-



-CITE-
    25 USC Sec. 400a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 400a. Lease for mining purposes of land reserved for agency or
      school; disposition of proceeds; royalty

-STATUTE-
      The Secretary of the Interior is authorized under such rules and
    regulations as he may prescribe, to lease at public auction upon
    not less than thirty days' public notice for mining purposes land
    on any Indian reservation reserved for Indian agency or school
    purposes, in accordance with existing law applicable to other lands
    in such reservation, and the proceeds arising therefrom shall be
    deposited in the Treasury of the United States to the credit of the
    Indians for whose benefit the lands are reserved subject to
    appropriation by Congress for educational work among the Indians or
    in paying expenses of administration of agencies: Provided, That a
    royalty of at least one-eighth shall be reserved in all leases.

-SOURCE-
    (Apr. 17, 1926, ch. 156, 44 Stat. 300.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1,2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
    1262, set out in the Appendix to Title 5, Government Organization
    and Employees.

-End-



-CITE-
    25 USC Sec. 401                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 401. Leases for mining purposes of unallotted lands in Kaw
      Reservation

-STATUTE-
      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-
    (Apr. 28, 1924, ch. 135, 43 Stat. 111.)

-End-



-CITE-
    25 USC Sec. 402                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 402. Leases of surplus lands

-STATUTE-
      The surplus lands of any tribe may be leased for farming purposes
    by the council of such tribe under the same rules and regulations
    and for the same term of years as was on August 15, 1894, allowed
    in the case of leases for grazing purposes.

-SOURCE-
    (Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305.)

-End-



-CITE-
    25 USC Sec. 402a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 402a. Lease of unallotted irrigable lands for farming purposes

-STATUTE-
      The unallotted irrigable lands on any Indian reservation may be
    leased for farming purposes for not to exceed ten years with the
    consent of the tribal council, business committee, or other
    authorized body representative of the Indians, under such rules and
    regulations as the Secretary of the Interior may prescribe.

-SOURCE-
    (July 3, 1926, ch. 787, 44 Stat. 894.)

-End-



-CITE-
    25 USC Sec. 403                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403. Leases of lands held in trust

-STATUTE-
      Any Indian allotment held under a trust patent may be leased by
    the allottee for a period not to exceed five years, subject to and
    in conformity with such rules and regulations as the Secretary of
    the Interior may prescribe, and the proceeds of any such lease
    shall be paid to the allottee or his heirs, or expended for his or
    their benefit, in the discretion of the Secretary of the Interior.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 4, 36 Stat. 856.)

-End-



-CITE-
    25 USC Sec. 403a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403a. Lease of lands on Port Madison and Snohomish or Tulalip
      Indian Reservations in Washington

-STATUTE-
      Notwithstanding any other provision of law, any Indian lands on
    the Port Madison and Snohomish or Tulalip Indian Reservations in
    the State of Washington, may be leased by the Indians with the
    approval of the Secretary of the Interior, and upon such terms and
    conditions as he may prescribe, for a term not exceeding twenty-
    five years: Provided, however, That such leases may provide for
    renewal for an additional term not exceeding twenty-five years, and
    the Secretary of the Interior is hereby authorized to prescribe
    such rules and regulations as may be necessary to carry out the
    provisions of this section.

-SOURCE-
    (Oct. 9, 1940, ch. 781, 54 Stat. 1057.)

-End-



-CITE-
    25 USC Sec. 403a-1                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403a-1. Sale or partition by owners of interests in allotted
      lands in the Tulalip Reservation; termination of Federal title,
      trust, and restrictions

-STATUTE-
      Any owner of an interest in any tract of land in the Tulalip
    Reservation, Washington, in which any undivided interest is now or
    hereafter held in trust by the United States for an Indian, or is
    now or hereafter owned by an Indian subject to restrictions against
    alienation or taxation imposed by the United States, may commence
    in a State court of competent jurisdiction an action for the
    partition in kind or for the sale of such land in accordance with
    the laws of the State. For the purpose of any such action the
    Indian owners shall be regarded as vested with an unrestricted fee
    simple title to the land, the United States shall not be a
    necessary party to the proceeding, and any partition or conveyance
    of the land pursuant to the proceedings shall divest the United
    States of title to the land, terminate the Federal trust, and
    terminate all restrictions against alienation or taxation of the
    land imposed by the United States.

-SOURCE-
    (June 18, 1956, ch. 400, Sec. 1, 70 Stat. 290.)

-End-



-CITE-
    25 USC Sec. 403a-2                                          01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403a-2. Acquisition, management, and disposal of lands by
      Tulalip Tribe

-STATUTE-
    (a) Termination of Federal trust and restrictions on alienation
      Notwithstanding the provisions of the constitution and charter of
    the Tulalip Tribes of the Tulalip Reservation, any lands that are
    held by the United States in trust for the Tulalip Tribes, or that
    are subject to a restriction against alienation or taxation imposed
    by the United States, or that are on and after June 18, 1956,
    acquired by the Tulalip Tribes, may be sold by the Tulalip Tribes,
    with the consent of the Secretary of the Interior, on such terms
    and conditions as the Tulalip board of directors may prescribe, and
    such sale shall terminate the Federal trust or restrictions against
    alienation or taxation of the land; except that the trust or
    restricted status of said lands may be retained, upon approval of
    the Secretary of the Interior, in any sale thereof to any member of
    the Tulalip Tribes.
    (b) Lands in trust
      The Secretary of the Interior may accept any transfer of title
    from the Tulalip Tribes for any land or fractional interest in land
    within the boundaries of the Tulalip Reservation, and take title to
    such land in the name of the United States in trust for the Tulalip
    Tribes, and such lands shall not be subject to taxation.
    (c) Mortgages
      The Tulalip Tribes may, with the approval of the Secretary of the
    Interior, execute mortgages or deeds of trust to land, the title to
    which is held by the Tulalip Tribes or by the United States in
    trust for the Tulalip Tribes. Such land shall be subject to
    foreclosure and sale pursuant to the terms of such mortgage or deed
    of trust in accordance with the laws of the State of Washington.
    For the purpose of any foreclosure or sale proceeding, the Tulalip
    Tribes shall be regarded as vested with an unrestricted fee simple
    title to the land, the United States shall not be a necessary party
    to the foreclosure or sale proceeding, and any conveyance of the
    land pursuant to the foreclosure or sale proceeding shall divest
    the United States of title to the land. Title to any land redeemed
    or acquired by the Tulalip Tribes at such foreclosure or sale
    proceeding shall be taken in the name of the United States in trust
    for the tribes. Title to any land purchased by an individual Indian
    member of the Tulalip Tribes at such foreclosure sale or proceeding
    may, with the consent of the Secretary of the Interior, be taken in
    the name of the United States in trust for the individual Indian
    purchaser.
    (d) Moneys or credits
      Any moneys or credits received or credited to the Tulalip Tribes
    from the sale, exchange, mortgage, or granting of any security
    interest in any tribal land may be used for any tribal purpose.

-SOURCE-
    (June 18, 1956, ch. 400, Sec. 2, 70 Stat. 290; Pub. L. 91-274, Sec.
    1, June 2, 1970, 84 Stat. 301.)


-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-274 designated existing provisions as subsec.
    (a), substituted the Tulalip Tribes for the Tulalip Board of
    Directors as the agency authorized to sell tribal lands, provided
    for the continuance of the trust or restricted status of such lands
    where the purchaser thereof is any member of the Tulalip Tribes,
    and struck out proviso that the proceeds from the sale of tribal
    lands acquired otherwise than by purchase be deposited in the U.S.
    Treasury to the credit of the Tulalip Tribes, and added subsecs.
    (b) to (d).

-End-



-CITE-
    25 USC Sec. 403b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403b. Lease of restricted lands in State of Washington

-STATUTE-
      Notwithstanding any other provisions of law, with the consent in
    writing of the individual Indian, association of Indians, or Indian
    tribe concerned, any restricted Indian lands situated within the
    State of Washington may be leased for religious, educational,
    recreational, business, or public purposes, including, but not
    limited to, airports, experimental station, stockyards, warehouses,
    and grain elevators, for periods not to exceed twenty-five years
    under such rules and regulations as the Secretary of the Interior
    may prescribe: Provided, That nothing in this section or section
    403c of this title shall be deemed to authorize such leases for the
    exploitation of any natural resources.

-SOURCE-
    (Aug. 9, 1946, ch. 929, Sec. 1, 60 Stat. 962.)

-End-



-CITE-
    25 USC Sec. 403c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 403c. Identity of lessor; period of lease

-STATUTE-
      Such leases may be made only by the individual Indian owner of
    the land or by the authorized representatives of the tribe or group
    of Indians to whom the land belongs, subject to the approval of the
    Secretary of the Interior or his authorized representative.
    Restricted allotments of deceased Indians, when the heirs or
    devisees cannot agree on a lease, may be leased for them in the
    manner prescribed by section 380 of this title. No lease shall be
    made by or on behalf of any tribe for a longer period than is or
    may be authorized by the tribal constitution, charter, or
    ordinances. Nothing contained in this section or section 403b of
    this title shall be construed to repeal any authority to lease
    restricted lands which any Indian, Indian tribe, or official of the
    Department of the Interior would have in the absence of such
    sections.

-SOURCE-
    (Aug. 9, 1946, ch. 929, Sec. 2, 60 Stat. 962.)

-End-



-CITE-
    25 USC Sec. 404                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 404. Sale on petition of allottee or heirs

-STATUTE-
      The lands, or any part thereof, allotted to any Indian, or any
    inherited interest therein, which can be sold under existing law by
    authority of the Secretary of the Interior, except the lands in
    Oklahoma and the States of Minnesota and South Dakota, may be sold
    on the petition of the allottee, or his heirs, on such terms and
    conditions and under such regulations as the Secretary of the
    Interior may prescribe; and the lands of a minor, or of a person
    deemed incompetent by the Secretary of the Interior to petition for
    himself, may be sold in the same manner, on the petition of the
    natural guardian in the case of infants, and in the case of Indians
    deemed incompetent as aforesaid, and of orphans without a natural
    guardian, on petition of a person designated for the purpose by the
    Secretary of the Interior. When any Indian who has received an
    allotment of land dies before the expiration of the trust period,
    the Secretary of the Interior shall ascertain the legal heirs of
    such Indian, and if satisfied of their ability to manage their own
    affairs shall cause to be issued in their names a patent in fee
    simple for said lands; but if he finds them incapable of managing
    their own affairs, the land may be sold as hereinbefore provided:
    Provided, That the proceeds derived from all sales hereunder shall
    be used, during the trust period, for the benefit of the allottee,
    or heir, so disposing of his interest, under the supervision of the
    Commissioner of Indian Affairs: And provided further, That upon the
    approval of any sale hereunder by the Secretary of the Interior, he
    shall cause a patent in fee to issue in the name of the purchaser
    for the lands so sold: And provided further, That nothing in this
    section shall apply to the States of Minnesota and South Dakota.

-SOURCE-
    (May 29, 1908, ch. 216, Sec. 1, 35 Stat. 444.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                   YAKIMA INDIAN RESERVATION, WASHINGTON               
      Special provisions for sale of interests of Indian minors in
    lands of the Yakima Indian reservation, in the State of Washington,
    whether by direct allotment or by inheritance, were made by act
    Mar. 27, 1908, ch. 107, 35 Stat. 49.

-End-



-CITE-
    25 USC Sec. 405                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 405. Sale of allotment of noncompetent Indian

-STATUTE-
      Any noncompetent Indian to whom a patent containing restrictions
    against alienation has been issued for an allotment of land in
    severalty, under any law or treaty, or who may have an interest in
    any allotment by inheritance, may sell or convey all or any part of
    such allotment or such inherited interest on such terms and
    conditions and under such rules and regulations as the Secretary of
    the Interior may prescribe, and the proceeds derived therefrom
    shall be used for the benefit of the allottee or heir so disposing
    of his land or interest, under the supervision of the Commissioner
    of Indian Affairs; and any conveyance made hereunder and approved
    by the Secretary of the Interior shall convey full title to the
    land or interest so sold, the same as if fee-simple patent had been
    issued to the allottee.

-SOURCE-
    (Mar. 1, 1907, ch. 2285, 34 Stat. 1018.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 406                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 406. Sale of timber on lands held under trust

-STATUTE-
    (a) Deductions for administrative expenses; standards guiding sales
      The timber on any Indian land held under a trust or other patent
    containing restrictions on alienations may be sold by the owner or
    owners with the consent of the Secretary of the Interior, and the
    proceeds from such sales, after deductions for administrative
    expenses to the extent permissible under section 413 of this title,
    shall be paid to the owner or owners or disposed of for their
    benefit under regulations to be prescribed by the Secretary of the
    Interior. It is the intention of Congress that a deduction for
    administrative expenses may be made in any case unless the
    deduction would violate a treaty obligation or amount to a taking
    of private property for public use without just compensation in
    violation of the fifth amendment to the Constitution. Sales of
    timber under this subsection shall be based upon a consideration of
    the needs and best interests of the Indian owner and his heirs. The
    Secretary shall take into consideration, among other things, (1)
    the state of growth of the timber and the need for maintaining the
    productive capacity of the land for the benefit of the owner and
    his heirs, (2) the highest and best use of the land, including the
    advisability and practicality of devoting it to other uses for the
    benefit of the owner and his heirs, and (3) the present and future
    financial needs of the owner and his heirs.
    (b) Undivided interests
      Upon the request of the owners of a majority Indian interest in
    land in which any undivided interest is held under a trust or other
    patent containing restrictions on alienations, the Secretary of the
    Interior is authorized to sell all undivided Indian trust or
    restricted interests in any part of the timber on such land.
    (c) Unrestricted interests
      Upon the request of the owner of an undivided but unrestricted
    interest in land in which there are trust or restricted Indian
    interests, the Secretary of the Interior is authorized to include
    such unrestricted interest in a sale of the trust or restricted
    Indian interests in timber sold pursuant to this section, and to
    perform any functions required of him by the contract of sale for
    both the restricted and the unrestricted interests, including the
    collection and disbursement of payments for timber and the
    deduction from such payments of sums in lieu of administrative
    expenses.
    (d) Representation of minors and others
      For the purposes of this Act, the Secretary of the Interior is
    authorized to represent any Indian owner (1) who is a minor, (2)
    who has been adjudicated non compos mentis, (3) whose ownership
    interest in a decedent's estate has not been determined, or (4) who
    cannot be located by the Secretary after a reasonable and diligent
    search and the giving of notice by publication.
    (e) Emergency sales
      The timber on any Indian land held under a trust or other patent
    containing restrictions on alienations may be sold by the Secretary
    of the Interior without the consent of the owners when in his
    judgment such action is necessary to prevent loss of values
    resulting from fire, insects, disease, windthrow, or other natural
    catastrophes.
    (f) Change in status without affecting contractual obligations
      A change from a trust or restricted status to an unrestricted
    status of any interest in timber that has been sold pursuant to
    this section shall not affect the obligations of the Secretary of
    the Interior under any contract of sale that is in effect at the
    time such change in status occurs.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 8, 36 Stat. 857; Pub. L. 88-301, Apr.
    30, 1964, 78 Stat. 187.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (d), is act June 25, 1910, ch.
    431, 36 Stat. 855, as amended, which enacted sections 47, 93, 151,
    202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this
    title, sections 6a-1 and 16a of Title 41, Public Contracts, and
    section 148 of Title 43, Public Lands, and amended sections 191,
    312, 331, 333, and 336 of this title and sections 104 and 107 of
    former Title 18, Criminal Code and Criminal Procedure. Sections 104
    and 107 of former Title 18 were repealed and reenacted as sections
    1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act
    June 25, 1948, ch. 645, 62 Stat. 683. For complete classification
    of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1964 - Pub. L. 88-301 designated existing provisions as subsec.
    (a), substituted "land" for "allotment", "owner or owners" for
    "allottee" in two places, and "their benefit" for "his benefit",
    and provided for deductions for administrative expenses from
    proceeds of sales without violation of treaty obligations or
    Constitutional compensation provision, for consideration of needs
    and best interests of owners and heirs, and for standards guiding
    sales, and added subsecs. (b) to (f).

-End-



-CITE-
    25 USC Sec. 407                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 407. Sale of timber on unallotted lands

-STATUTE-
      Under regulations prescribed by the Secretary of the Interior,
    the timber on unallotted trust land in Indian reservations or on
    other land held in trust for tribes may be sold in accordance with
    the principles of sustained-yield management or to convert the land
    to a more desirable use. After deduction, if any, for
    administrative expenses under section 413 of this title, the
    proceeds of the sale shall be used - 
        (1) as determined by the governing bodies of the tribes
      concerned and approved by the Secretary, or
        (2) in the absence of such a governing body, as determined by
      the Secretary for the tribe concerned.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 7, 36 Stat. 857; Pub. L. 88-301, Apr.
    30, 1964, 78 Stat. 186; Pub. L. 100-580, Sec. 13, Oct. 31, 1988,
    102 Stat. 2936.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-580 amended section generally. Prior to
    amendment, section read as follows: "The timber on unallotted lands
    of any Indian reservation may be sold in accordance with the
    principles of sustained yield, or in order to convert the land to a
    more desirable use, under regulations to be prescribed by the
    Secretary of the Interior, and the proceeds from such sales, after
    deductions for administrative expenses pursuant to section 413 of
    this title, shall be used for the benefit of the Indians who are
    members of the tribe or tribes concerned in such manner as he may
    direct."
      1964 - Pub. L. 88-301 substituted "timber" for "mature living and
    dead and down timber", provided for sale of timber in accordance
    with principles of sustained yield or in order to convert the land
    to a more desirable use, provided for deductions for administrative
    expenses from proceeds of sales, made the Indians who were tribal
    members the beneficiaries instead of the Indians of the
    reservation, and struck out proviso which made section inapplicable
    to Minnesota and Wisconsin.

-End-



-CITE-
    25 USC Secs. 407a to 407c                                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Secs. 407a to 407c. Omitted

-COD-
                               CODIFICATION                           
      Section 407a, acts Mar. 4, 1933, ch. 275, Sec. 1, 47 Stat. 1568;
    June 16, 1933, ch. 104, 48 Stat. 311; Mar. 5, 1934, ch. 46, 48
    Stat. 397; May 6, 1936, ch. 340, 49 Stat. 1266, which related to
    modification of existing contracts for sale of tribal timber, was
    omitted on authority of act May 6, 1936, which provided that
    authority to modify existing contracts for sale of tribal timber
    expire on Sept. 4, 1936.
      Section 407b, act Mar. 4, 1933, ch. 275, Sec. 2, 47 Stat. 1569,
    which related to modification of contracts for sale of timber to
    individual allottee, was omitted in view of the expiration of
    section 407a of this title.
      Section 407c, act Mar. 4, 1933, ch. 275, Sec. 3, 47 Stat. 1569,
    which related to preference to indian labor in modified contracts,
    was omitted in view of the expiration of section 407a of this
    title.

-End-



-CITE-
    25 USC Sec. 407d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 407d. Charges for special services to purchasers of timber

-STATUTE-
      The Secretary of the Interior is authorized to charge purchasers
    of timber on Indian lands that are held by the United States in
    trust, or that are subject to restrictions against alienation or
    encumbrance imposed by the United States, for special services
    requested by the purchasers in connection with scaling, timber
    marking, or other activities under the contract of purchase that
    are in addition to the services otherwise provided by the
    Secretary, and the proceeds derived therefrom shall be deposited to
    the credit of the appropriation from which the special services
    were or will be provided.

-SOURCE-
    (July 30, 1956, ch. 781, 70 Stat. 721.)

-End-



-CITE-
    25 USC Sec. 408                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 408. Surrender of allotments by relinquishment for benefit of
      children

-STATUTE-
      In any case where an Indian has an allotment of land, or any
    right, title, or interest in such an allotment, the Secretary of
    the Interior, in his discretion, may permit such Indian to
    surrender such allotment, or any right, title, or interest therein,
    by such formal relinquishment as may be prescribed by the Secretary
    of the Interior, for the benefit of any of his or her children to
    whom no allotment of land shall have been made; and thereupon the
    Secretary of the Interior shall cause the estate so relinquished to
    be allotted to such child or children subject to all conditions
    which attached to it before such relinquishment.

-SOURCE-
    (June 25, 1910, ch. 431, Sec. 3, 36 Stat. 856.)

-End-



-CITE-
    25 USC Sec. 409                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 409. Sale of lands within reclamation projects

-STATUTE-
      Any Indian allotted lands under any law or treaty without the
    power of alienation, and within a reclamation project approved by
    the Secretary of the Interior, may sell and convey any part
    thereof, under rules and regulations prescribed by the Secretary of
    the Interior, but such conveyance shall be subject to his approval,
    and when so approved shall convey full title to the purchaser the
    same as if final patent without restrictions had been issued to the
    allottee: Provided, That the consideration shall be placed in the
    Treasury of the United States, and used by the Commissioner of
    Indian Affairs to pay the construction charges that may be assessed
    against the unsold part of the allotment, and to pay the
    maintenance charges thereon during the trust period, and any
    surplus shall be a benefit running with the water right to be paid
    to the holder thereof.

-SOURCE-
    (June 21, 1906, ch. 3504, 34 Stat. 327.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 409a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 409a. Sale of restricted lands; reinvestment in other
      restricted lands

-STATUTE-
      Whenever any nontaxable land of a restricted Indian of the Five
    Civilized Tribes or of any other Indian tribe is sold to any State,
    county, or municipality for public-improvement purposes, or is
    acquired, under existing law, by any State, county, or municipality
    by condemnation or other proceedings for such public purposes, or
    is sold under existing law to any other person or corporation for
    other purposes, the money received for said land may, in the
    discretion and with the approval of the Secretary of the Interior,
    be reinvested in other lands selected by said Indian, and such land
    so selected and purchased shall be restricted as to alienation,
    lease, or incumbrance, and nontaxable in the same quantity and upon
    the same terms and conditions as the nontaxable lands from which
    the reinvested funds were derived, and such restrictions shall
    appear in the conveyance.

-SOURCE-
    (Mar. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932, ch. 333, 47
    Stat. 474.)


-MISC1-
                                AMENDMENTS                            
      1932 - Act June 30, 1932, made section applicable to lands of any
    restricted Indian of any other Indian tribe, and provided for sale
    of lands to any State and acquisition by any State instead of only
    to and by the State of Oklahoma.

-End-



-CITE-
    25 USC Sec. 410                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 410. Moneys from lease or sale of trust lands not liable for
      certain debts

-STATUTE-
      No money accruing from any lease or sale of lands held in trust
    by the United States for any Indian shall become liable for the
    payment of any debt of, or claim against, such Indian contracted or
    arising during such trust period, or, in case of a minor, during
    his minority, except with the approval and consent of the Secretary
    of the Interior.

-SOURCE-
    (June 21, 1906, ch. 3504, 34 Stat. 327.)

-End-



-CITE-
    25 USC Sec. 411                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 411. Interest on moneys from proceeds of sale

-STATUTE-
      The shares of money due minor Indians as their proportion of the
    proceeds from the sale of ceded or tribal Indian lands, whenever
    such shares have been withheld from their parents, legal guardians,
    or others, and retained in the United States Treasury by direction
    of the Secretary of the Interior, shall draw interest at the rate
    of 3 per centum per annum, unless otherwise provided for, from the
    period when such proceeds have been or shall be distributed per
    capita among the members of the tribe of which such minor is a
    member; and the Secretary of the Treasury is authorized and
    directed to allow interest on such unpaid amounts belonging to said
    minors as shall be certified by the Secretary of the Interior as
    entitled to draw interest under this section.

-SOURCE-
    (June 21, 1906, ch. 3504, 34 Stat. 327.)

-End-



-CITE-
    25 USC Sec. 412                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 412. Payment of taxes from share of allottee in tribal funds

-STATUTE-
      In any case where the restrictions as to alienation have been
    removed with respect to any Indian allottee, or as to any portion
    of the lands of any Indian allottee, and such allottee as an
    individual, or as a member of any tribe, has an interest in any
    fund held by the United States beyond the amount by law chargeable
    to such Indian or tribe on account of advances, the Commissioner of
    Indian Affairs is authorized, prior to the date at which any
    penalties for the nonpayment of taxes would accrue under the laws
    of the State or Territory in which such land is situated, to pay
    such taxes and charge the amount thereof to such allottee, to be
    deducted from the share of such allottee in the final distribution
    or payment to him from such fund: Provided, That no such payment
    shall be made by said Commissioner where it is in excess of the
    amount which will ultimately be due said allottee.

-SOURCE-
    (Mar. 1, 1907, ch. 2285, 34 Stat. 1016.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    25 USC Sec. 412a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 412a. Exemption from taxation of lands subject to restrictions
      against alienation; determination of homestead

-STATUTE-
      All homesteads, heretofore purchased out of the trust or
    restricted funds of individual Indians, are hereby declared to be
    instrumentalities of the Federal Government and shall be nontaxable
    until otherwise directed by Congress: Provided, That the title to
    such homesteads shall be held subject to restrictions against
    alienation or encumbrance except with the approval of the Secretary
    of the Interior: And provided further, That the Indian owner or
    owners shall select, with the approval of the Secretary of the
    Interior, either the agricultural and grazing lands, not exceeding
    a total of one hundred and sixty acres, or the village, town, or
    city property, not exceeding in cost $5,000, to be designated as a
    homestead.

-SOURCE-
    (June 20, 1936, ch. 622, Sec. 2, 49 Stat. 1542; May 19, 1937, ch.
    227, 50 Stat. 188.)


-MISC1-
                                AMENDMENTS                            
      1937 - Act May 19, 1937, substituted "All homesteads" and
    "individual Indians" for "All lands the title to which is now held
    by an Indian subject to restrictions against alienation or
    encumbrance except with the consent or approval of the Secretary of
    the Interior" and "said Indian", respectively, and inserted two
    provisos.

-End-



-CITE-
    25 USC Sec. 413                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 413. Fees to cover cost of work performed for Indians

-STATUTE-
      The Secretary of the Interior is hereby authorized, in his
    discretion, and under such rules and regulations as he may
    prescribe, to collect reasonable fees to cover the cost of any and
    all work performed for Indian tribes or for individual Indians, to
    be paid by vendees, lessees, or assignees, or deducted from the
    proceeds of sale, leases, or other sources of revenue: Provided,
    That the amounts so collected shall be covered into the Treasury as
    miscellaneous receipts, except when the expenses of the work are
    paid from Indian tribal funds, in which event they shall be
    credited to such funds.

-SOURCE-
    (Feb. 14, 1920, ch. 75, Sec. 1, 41 Stat. 415; Mar. 1, 1933, ch.
    158, 47 Stat. 1417.)


-MISC1-
                                AMENDMENTS                            
      1933 - Act Mar. 1, 1933, substituted "to collect reasonable fees
    to cover the cost of any and all work performed for Indian tribes
    or individual Indians" for "to charge a reasonable fee for the work
    incident to the sale, leasing, or assigning of such lands, or in
    the sale of the timber, or in the administration of Indian forests"
    and "deducted from the proceeds of sale, leases, or other sources
    of revenue" for "from the proceeds of sales", struck out
    introductory text "In the sale of all Indian allotments, or in
    leases, or assignment of leases covering, tribal or allotted lands
    for mineral, farming, grazing, business or other purposes, or in
    the sale of timber thereon" and provided for the use of discretion
    and the crediting of Indian tribal funds.

-End-



-CITE-
    25 USC Sec. 414                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 414. Reservation of minerals in sale of Choctaw-Chickasaw
      lands

-STATUTE-
      On and after August 25, 1937, in all sales of tribal lands of the
    Choctaw and Chickasaw Indians in Oklahoma provided for by existing
    law, the Secretary of the Interior is hereby authorized to offer
    such lands for sale subject to a reservation of the mineral rights
    therein, including oil and gas, for the benefit of said Indians,
    whenever in his judgment the interests of the Indians will best be
    served thereby.

-SOURCE-
    (Aug. 25, 1937, ch. 778, 50 Stat. 810.)

-End-



-CITE-
    25 USC Sec. 415                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 415. Leases of restricted lands

-STATUTE-
    (a) Authorized purposes; term; approval by Secretary
      Any restricted Indian lands, whether tribally, or individually
    owned, may be leased by the Indian owners, with the approval of the
    Secretary of the Interior, for public, religious, educational,
    recreational, residential, or business purposes, including the
    development or utilization of natural resources in connection with
    operations under such leases, for grazing purposes, and for those
    farming purposes which require the making of a substantial
    investment in the improvement of the land for the production of
    specialized crops as determined by said Secretary. All leases so
    granted shall be for a term of not to exceed twenty-five years,
    except leases of land located outside the boundaries of Indian
    reservations in the State of New Mexico, leases of land on the Agua
    Caliente (Palm Springs) Reservation, the Dania Reservation, the
    Pueblo of Santa Ana (with the exception of the lands known as the
    "Santa Ana Pueblo Spanish Grant"), the reservation of the
    Confederated Tribes of the Warm Springs Reservation of Oregon, the
    Moapa Indian Reservation, the Swinomish Indian Reservation, the
    Southern Ute Reservation, the Fort Mojave Reservation, the
    Confederated Tribes of the Umatilla Indian Reservation, the Burns
    Paiute Reservation, the Coeur d'Alene Indian Reservation, the
    Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of
    Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai
    Reservation, the Spokane Reservation, the San Carlos Apache
    Reservation, the Yavapai-Prescott Community Reservation, the
    Pyramid Lake Reservation, the Gila River Reservation, the Soboba
    Indian Reservation, the Viejas Indian Reservation, the Tulalip
    Indian Reservation, the Navajo Reservation, the Cabazon Indian
    Reservation, the Muckleshoot Indian Reservation and land held in
    trust for the Muckleshoot Indian Tribe, the Mille Lacs Indian
    Reservation with respect to a lease between an entity established
    by the Mille Lacs Band of Chippewa Indians and the Minnesota
    Historical Society, leases of the the (!1) lands comprising the
    Moses Allotment Numbered 8 and the Moses Allotment Numbered 10,
    Chelan County, Washington, and lands held in trust for the Las
    Vegas Paiute Tribe of Indians, and lands held in trust for the
    Twenty-nine Palms Band of Luiseno Mission Indians, and lands held
    in trust for the Reno Sparks Indian Colony, lands held in trust for
    the Torres Martinez Desert Cahuilla Indians, lands held in trust
    for the Guidiville Band of Pomo Indians of the Guidiville Indian
    Rancheria, lands held in trust for the Confederated Tribes of the
    Umatilla Indian Reservation, lands held in trust for the
    Confederated Tribes of the Warm Springs Reservation of Oregon, land
    held in trust for the Prairie Band Potawatomi Nation, lands held in
    trust for the Cherokee Nation of Oklahoma, land held in trust for
    the Fallon Paiute Shoshone Tribes, lands held in trust for the
    Pueblo of Santa Clara, land held in trust for the Yurok Tribe, land
    held in trust for the Hopland Band of Pomo Indians of the Hopland
    Rancheria, lands held in trust for the Yurok Tribe, lands held in
    trust for the Hopland Band of Pomo Indians of the Hopland
    Rancheria, lands held in trust for the Confederated Tribes of the
    Colville Reservation, lands held in trust for the Cahuilla Band of
    Indians of California, lands held in trust for the Confederated
    Tribes of the Grand Ronde Community of Oregon, and the lands held
    in trust for the Confederated Salish and Kootenai Tribes of the
    Flathead Reservation, Montana, and leases to the Devils Lake Sioux
    Tribe, or any organization of such tribe, of land on the Devils
    Lake Sioux Reservation, which may be for a term of not to exceed
    ninety-nine years, and except leases of land for grazing purposes
    which may be for a term of not to exceed ten years. Leases for
    public, religious, educational, recreational, residential, or
    business purposes (except leases the initial term of which extends
    for more than seventy-four years) with the consent of both parties
    may include provisions authorizing their renewal for one additional
    term of not to exceed twenty-five years, and all leases and
    renewals shall be made under such terms and regulations as may be
    prescribed by the Secretary of the Interior. Prior to approval of
    any lease or extension of an existing lease pursuant to this
    section, the Secretary of the Interior shall first satisfy himself
    that adequate consideration has been given to the relationship
    between the use of the leased lands and the use of neighboring
    lands; the height, quality, and safety of any structures or other
    facilities to be constructed on such lands; the availability of
    police and fire protection and other services; the availability of
    judicial forums for all criminal and civil causes arising on the
    leased lands; and the effect on the environment of the uses to
    which the leased lands will be subject.

    (b) Leases involving Tulalip Tribes
      Any lease by the Tulalip Tribes under subsection (a) of this
    section, except a lease for the exploitation of any natural
    resource, shall not require the approval of the Secretary of the
    Interior (1) if the term of the lease does not exceed fifteen
    years, with no option to renew, (2) if the term of the lease does
    not exceed thirty years, with no option to renew, and the lease is
    executed pursuant to tribal regulations previously approved by the
    Secretary of the Interior, or (3) if the term does not exceed
    seventy-five years (including options to renew), and the lease is
    executed under tribal regulations approved by the Secretary under
    this clause (3).
    (c) Leases involving Hopi Tribe and Hopi Partitioned Lands
      Accommodation Agreement
      Notwithstanding subsection (a) of this section, a lease of land
    by the Hopi Tribe to Navajo Indians on the Hopi Partitioned Lands
    may be for a term of 75 years, and may be extended at the
    conclusion of the term of the lease.
    (d) Definitions
      For purposes of this section - 
        (1) the term "Hopi Partitioned Lands" means lands located in
      the Hopi Partitioned Area, as defined in section 168.1(g) of
      title 25, Code of Federal Regulations (as in effect on October
      11, 1996);
        (2) the term "Navajo Indians" means members of the Navajo
      Tribe;
        (3) the term "individually owned Navajo Indian allotted land"
      means a single parcel of land that - 
          (A) is located within the jurisdiction of the Navajo Nation;
          (B) is held in trust or restricted status by the United
        States for the benefit of Navajo Indians or members of another
        Indian tribe; and
          (C) was - 
            (i) allotted to a Navajo Indian; or
            (ii) taken into trust or restricted status by the United
          States for an individual Indian;

        (4) the term "interested party" means an Indian or non-Indian
      individual or corporation, or tribal or non-tribal government
      whose interests could be adversely affected by a tribal trust
      land leasing decision made by the Navajo Nation;
        (5) the term "Navajo Nation" means the Navajo Nation government
      that is in existence on August 9, 1955, or its successor;
        (6) the term "petition" means a written request submitted to
      the Secretary for the review of an action (or inaction) of the
      Navajo Nation that is claimed to be in violation of the approved
      tribal leasing regulations;
        (7) the term "Secretary" means the Secretary of the Interior;
      and
        (8) the term "tribal regulations" means the Navajo Nation
      regulations enacted in accordance with Navajo Nation law and
      approved by the Secretary.
    (e) Leases of restricted lands for the Navajo Nation
      (1) Any leases by the Navajo Nation for purposes authorized under
    subsection (a) of this section, and any amendments thereto, except
    a lease for the exploration, development, or extraction of any
    mineral resources, shall not require the approval of the Secretary
    if the lease is executed under the tribal regulations approved by
    the Secretary under this subsection and the term of the lease does
    not exceed - 
        (A) in the case of a business or agricultural lease, 25 years,
      except that any such lease may include an option to renew for up
      to two additional terms, each of which may not exceed 25 years;
      and
        (B) in the case of a lease for public, religious, educational,
      recreational, or residential purposes, 75 years if such a term is
      provided for by the Navajo Nation through the promulgation of
      regulations.

      (2) Paragraph (1) shall not apply to individually owned Navajo
    Indian allotted land.
      (3) The Secretary shall have the authority to approve or
    disapprove tribal regulations referred to under paragraph (1). The
    Secretary shall approve such tribal regulations if such regulations
    are consistent with the regulations of the Secretary under
    subsection (a) of this section, and any amendments thereto, and
    provide for an environmental review process. The Secretary shall
    review and approve or disapprove the regulations of the Navajo
    Nation within 120 days of the submission of such regulations to the
    Secretary. Any disapproval of such regulations by the Secretary
    shall be accompanied by written documentation that sets forth the
    basis for the disapproval. Such 120-day period may be extended by
    the Secretary after consultation with the Navajo Nation.
      (4) If the Navajo Nation has executed a lease pursuant to tribal
    regulations under paragraph (1), the Navajo Nation shall provide
    the Secretary with - 
        (A) a copy of the lease and all amendments and renewals
      thereto; and
        (B) in the case of regulations or a lease that permits payment
      to be made directly to the Navajo Nation, documentation of the
      lease payments sufficient to enable the Secretary to discharge
      the trust responsibility of the United States under paragraph
      (5).

      (5) The United States shall not be liable for losses sustained by
    any party to a lease executed pursuant to tribal regulations under
    paragraph (1), including the Navajo Nation. Nothing in this
    paragraph shall be construed to diminish the authority of the
    Secretary to take appropriate actions, including the cancellation
    of a lease, in furtherance of the trust obligation of the United
    States to the Navajo Nation.
      (6)(A) An interested party may, after exhaustion of tribal
    remedies, submit, in a timely manner, a petition to the Secretary
    to review the compliance of the Navajo Nation with any regulations
    approved under this subsection. If upon such review the Secretary
    determines that the regulations were violated, the Secretary may
    take such action as may be necessary to remedy the violation,
    including rescinding the approval of the tribal regulations and
    reassuming responsibility for the approval of leases for Navajo
    Nation tribal trust lands.
      (B) If the Secretary seeks to remedy a violation described in
    subparagraph (A), the Secretary shall - 
        (i) make a written determination with respect to the
      regulations that have been violated;
        (ii) provide the Navajo Nation with a written notice of the
      alleged violation together with such written determination; and
        (iii) prior to the exercise of any remedy or the rescission of
      the approval of the regulation involved and the reassumption of
      the lease approval responsibility, provide the Navajo Nation with
      a hearing on the record and a reasonable opportunity to cure the
      alleged violation.
    (f) Leases involving Gila River Indian Community Reservation;
      arbitration of disputes
      Any contract, including a lease, affecting land within the Gila
    River Indian Community Reservation may contain a provision for the
    binding arbitration of disputes arising out of such contract. Such
    contracts shall be considered within the meaning of "commerce" as
    defined and subject to the provisions of section 1 of title 9. Any
    refusal to submit to arbitration pursuant to a binding agreement
    for arbitration or the exercise of any right conferred by title 9
    to abide by the outcome of arbitration pursuant to the provisions
    of chapter 1 of title 9, sections 1 through 14, shall be deemed to
    be a civil action arising under the Constitution, laws or treaties
    of the United States within the meaning of section 1331 of title
    28.
    (g) Lease of tribally-owned land by Assiniboine and Sioux Tribes of
      the Fort Peck Reservation
      (1) In general
        Notwithstanding subsection (a) of this section and any
      regulations under part 162 of title 25, Code of Federal
      Regulations (or any successor regulation), subject to paragraph
      (2), the Assiniboine and Sioux Tribes of the Fort Peck
      Reservation may lease to the Northern Border Pipeline Company
      tribally-owned land on the Fort Peck Indian Reservation for 1 or
      more interstate gas pipelines.
      (2) Conditions
        A lease entered into under paragraph (1) - 
          (A) shall commence during fiscal year 2011 for an initial
        term of 25 years;
          (B) may be renewed for an additional term of 25 years; and
          (C) shall specify in the terms of the lease an annual rental
        rate - 
            (i) which rate shall be increased by 3 percent per year on
          a cumulative basis for each 5-year period; and
            (ii) the adjustment of which in accordance with clause (i)
          shall be considered to satisfy any review requirement under
          part 162 of title 25, Code of Federal Regulations (or any
          successor regulation).

-SOURCE-
    (Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539; Pub. L. 86-326, Sept.
    21, 1959, 73 Stat. 597; Pub. L. 86-505, Sec. 2, June 11, 1960, 74
    Stat. 199; Pub. L. 87-375, Oct. 4, 1961, 75 Stat. 804; Pub. L. 87-
    785, Oct. 10, 1962, 76 Stat. 805; Pub. L. 88-167, Nov. 4, 1963, 77
    Stat. 301; Pub. L. 89-408, Apr. 27, 1966, 80 Stat. 132; Pub. L. 90-
    182, Dec. 8, 1967, 81 Stat. 559; Pub. L. 90-184, Dec. 10, 1967, 81
    Stat. 560; Pub. L. 90-335, Sec. 1(f), June 10, 1968, 82 Stat. 175;
    Pub. L. 90-355, June 20, 1968, 82 Stat. 242; Pub. L. 90-534, Sec.
    6, Sept. 28, 1968, 82 Stat. 884; Pub. L. 90-570, Oct. 12, 1968, 82
    Stat. 1003; Pub. L. 91-274, Secs. 2, 3, June 2, 1970, 84 Stat. 302;
    Pub. L. 91-275, Secs. 1, 2, June 2, 1970, 84 Stat. 303; Pub. L. 91-
    557, Sec. 8, Dec. 17, 1970, 84 Stat. 1468; Pub. L. 92-182, Sec. 6,
    Dec. 15, 1971, 85 Stat. 626; Pub. L. 92-431, Sept. 26, 1972, 86
    Stat. 723; Pub. L. 92-472, Sec. 7, Oct. 9, 1972, 86 Stat. 788; Pub.
    L. 92-488, Sec. 4, Oct. 13, 1972, 86 Stat. 806; Pub. L. 96-216,
    Mar. 27, 1980, 94 Stat. 125; Pub. L. 96-491, Sec. 3, Dec. 2, 1980,
    94 Stat. 2564; Pub. L. 97-459, title I, Sec. 107, Jan. 12, 1983, 96
    Stat. 2516; Pub. L. 98-70, Aug. 8, 1983, 97 Stat. 401; Pub. L. 98-
    203, Sec. 1(c), Dec. 2, 1983, 97 Stat. 1384; Pub. L. 99-221, Sec.
    2, Dec. 26, 1985, 99 Stat. 1735; Pub. L. 99-389, Sec. 3(a), Aug.
    23, 1986, 100 Stat. 829; Pub. L. 99-500, Sec. 101(h) [title I, Sec.
    122], Oct. 18, 1986, 100 Stat. 1783-242, 1783-267, and Pub. L. 99-
    591, Sec. 101(h) [title I, Sec. 122], Oct. 30, 1986, 100 Stat.
    3341-242, 3341-267; Pub. L. 99-575, Sec. 5, Oct. 28, 1986, 100
    Stat. 3246; Pub. L. 101-630, title II, Sec. 201, Nov. 28, 1990, 104
    Stat. 4532; Pub. L. 102-497, Sec. 5, Oct. 24, 1992, 106 Stat. 3255;
    Pub. L. 103-435, Sec. 5, Nov. 2, 1994, 108 Stat. 4569; Pub. L. 104-
    301, Sec. 9, Oct. 11, 1996, 110 Stat. 3652; Pub. L. 105-256, Sec.
    1, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 106-216, Sec. 1(a), June
    20, 2000, 114 Stat. 343; Pub. L. 106-568, title XII, Sec. 1203,
    Dec. 27, 2000, 114 Stat. 2934; Pub. L. 107-102, Sec. 1, Dec. 27,
    2001, 115 Stat. 974; Pub. L. 107-159, Apr. 4, 2002, 116 Stat. 122;
    Pub. L. 107-331, title X, Sec. 1002(a), Dec. 13, 2002, 116 Stat.
    2869; Pub. L. 108-199, div. H, Sec. 149, Jan. 23, 2004, 118 Stat.
    446; Pub. L. 109-147, Sec. 1(a), Dec. 22, 2005, 119 Stat. 2679;
    Pub. L. 109-221, title II, Sec. 202(a), May 12, 2006, 120 Stat.
    340.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-221, in second sentence,
    substituted "Moapa Indian Reservation" for "Moapa Indian
    reservation" and "the lands comprising the Moses Allotment Numbered
    8 and the Moses Allotment Numbered 10, Chelan County, Washington,"
    for "lands comprising the Moses Allotment Numbered 10, Chelan
    County, Washington,," and inserted "the Confederated Tribes of the
    Umatilla Indian Reservation," before "the Burns Paiute
    Reservation", "the" before "Yavapai-Prescott", "the Muckleshoot
    Indian Reservation and land held in trust for the Muckleshoot
    Indian Tribe," after "the Cabazon Indian Reservation,", "land held
    in trust for the Prairie Band Potawatomi Nation," before "lands
    held in trust for the Cherokee Nation of Oklahoma", "land held in
    trust for the Fallon Paiute Shoshone Tribes," before "lands held in
    trust for the Pueblo of Santa Clara", and "land held in trust for
    the Yurok Tribe, land held in trust for the Hopland Band of Pomo
    Indians of the Hopland Rancheria," after "Pueblo of Santa Clara,".
      2005 - Subsec. (f). Pub. L. 109-147 substituted "Any contract,
    including a lease, affecting land" for "Any lease entered into
    under sections 415 to 415d of this title, or any contract entered
    into under section 81 of this title, affecting land", "such
    contract" for "such lease or contract", and "Such contracts" for
    "Such leases or contracts entered into pursuant to such Acts".
      2004 - Subsec. (g). Pub. L. 108-199 added subsec. (g).
      2002 - Subsec. (a). Pub. L. 107-331 inserted "lands held in trust
    for the Yurok Tribe, lands held in trust for the Hopland Band of
    Pomo Indians of the Hopland Rancheria," after "Pueblo of Santa
    Clara,".
      Subsec. (f). Pub. L. 107-159 added subsec. (f).
      2001 - Subsec. (a). Pub. L. 107-102 inserted ", the reservation
    of the Confederated Tribes of the Warm Springs Reservation of
    Oregon," after "Spanish Grant')" and "lands held in trust for the
    Confederated Tribes of the Warm Springs Reservation of Oregon"
    before ", lands held in trust for the Cherokee Nation of Oklahoma".
      2000 - Subsec. (a). Pub. L. 106-216 inserted "lands held in trust
    for the Torres Martinez Desert Cahuilla Indians, lands held in
    trust for the Guidiville Band of Pomo Indians of the Guidiville
    Indian Rancheria, lands held in trust for the Confederated Tribes
    of the Umatilla Indian Reservation" after "Sparks Indian Colony,".
      Subsec. (d)(3) to (8). Pub. L. 106-568, Sec. 1203(1), added pars.
    (3) to (8).
      Subsec. (e). Pub. L. 106-568, Sec. 1203(2), added subsec. (e).
      1998 - Subsec. (a). Pub. L. 105-256, in second sentence, inserted
    "the Cabazon Indian Reservation," after "the Navajo Reservation,"
    and "lands held in trust for the Confederated Tribes of the Grand
    Ronde Community of Oregon," after "lands held in trust for the
    Cahuilla Band of Indians of California,".
      1996 - Subsecs. (c), (d). Pub. L. 104-301 added subsecs. (c) and
    (d).
      1994 - Subsec. (a). Pub. L. 103-435 inserted "the Viejas Indian
    Reservation," after "Soboba Indian Reservation," in second
    sentence.
      1992 - Subsec. (a). Pub. L. 102-497, in second sentence, inserted
    "lands held in trust for the Pueblo of Santa Clara, lands held in
    trust for the Confederated Tribes of the Colville Reservation,
    lands held in trust for the Cahuilla Band of Indians of
    California," after "Oklahoma,".
      1990 - Subsec. (a). Pub. L. 101-630 inserted "the Mille Lacs
    Indian Reservation with respect to a lease between an entity
    established by the Mille Lacs Band of Chippewa Indians and the
    Minnesota Historical Society," after "the Navajo Reservation,".
      1986 - Subsec. (a). Pub. L. 99-575 inserted "the Pueblo of Santa
    Ana (with the exception of the lands known as the 'Santa Ana Pueblo
    Spanish Grant')" after "the Dania Reservation,".
      Pub. L. 99-389 inserted ", and lands held in trust for the Reno
    Sparks Indian Colony,".
      Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 added cl. (3).
      1985 - Pub. L. 99-221 inserted ", lands held in trust for the
    Cherokee Nation of Oklahoma,".
      1983 - Subsec. (a). Pub. L. 98-203 inserted ", and lands held in
    trust for the Las Vegas Paiute Tribe of Indians,".
      Pub. L. 98-70 inserted ", and lands held in trust for the Twenty-
    nine Palms Band of Luiseno Mission Indians, and the lands held in
    trust for the Confederated Salish and Kootenai Tribes of the
    Flathead Reservation, Montana".
      Pub. L. 97-459 struck out "and" before "leases of land on the
    Agua Caliente" and authorized ninety-nine year leases of land on
    the Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe or
    any organization of such tribe.
      1980 - Subsec. (a). Pub. L. 96-491 inserted "the Moapa Indian
    reservation".
      Pub. L. 96-216 inserted provisions relating to lands comprising
    the Moses Allotment Numbered 10, Chelan County, Washington.
      1972 - Subsec. (a). Pub. L. 92-488 inserted "the Burns Paiute
    Reservation," after "the Fort Mojave Reservation,".
      Pub. L. 92-472 inserted "the Coeur d'Alene Indian Reservation,"
    after "the Fort Mojave Reservation,".
      Pub. L. 92-431 inserted provision excepting leases of land
    located outside the boundaries of Indian reservations in State of
    New Mexico from the twenty-five year time limit.
      1971 - Subsec. (a). Pub. L. 92-182 inserted "the Kalispel Indian
    Reservation" after "the Fort Mojave Reservation".
      1970 - Subsec. (a). Pub. L. 91-557 inserted "the Soboba Indian
    Reservation," after "Gila River Reservation,".
      Pub. L. 91-275 inserted "Yavapai-Prescott Community Reservation,"
    after "San Carlos Apache Reservation," and inserted list of factors
    that the Secretary must consider before approving a lease or an
    extension of an existing lease.
      Pub. L. 91-274, Secs. 2, 3, designated existing provisions as
    subsec. (a) and inserted "the Tulalip Indian Reservation," after
    "the Gila River Reservation,".
      Subsec. (b). Pub. L. 91-274, Sec. 3, added subsec. (b).
      1968 - Pub. L. 90-570 inserted "the pueblo of Cochiti, the pueblo
    of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni," after
    "Fort Mojava Reservation,".
      Pub. L. 90-534 inserted "the Swinomish Indian Reservation," after
    "Dania Reservation,".
      Pub. L. 90-355 inserted "the Hualapai Reservation," after "Fort
    Mojave Reservation,".
      Pub. L. 90-335 inserted "the Spokane Reservation," after "the
    Fort Mojave Reservation".
      1967 - Pub. L. 90-184 inserted "the San Carlos Apache
    Reservation" after "Fort Mojave Reservation".
      Pub. L. 90-182 inserted "the Gila Reservation," after "Pyramid
    Lake Reservation".
      1966 - Pub. L. 89-408 inserted "the Pyramid Lake Reservation"
    after "Fort Mojave Reservation,".
      1963 - Pub. L. 88-167 inserted "the Fort Mojave Reservation,"
    after "Southern Ute Reservation".
      1962 - Pub. L. 87-785 authorized leases for not more than 99
    years of lands on Southern Ute Reservation.
      1961 - Pub. L. 87-375 authorized longer term leases of Indian
    lands on Dania Reservation and excepted from renewal leases the
    initial term of which extends for more than 74 years.
      1960 - Pub. L. 86-505 authorized leases for not more than 99
    years of lands on Navajo Reservation.
      1959 - Pub. L. 86-326 substituted "except leases of land on the
    Agua Caliente (Palm Springs) Reservation which may be for a term of
    not to exceed ninety-nine years, and except leases of land for
    grazing purposes which may" for "excepting leases for grazing
    purposes, which shall", in second sentence.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-221, title II, Sec. 202(b), May 12, 2006, 120 Stat.
    341, provided that: "The amendments made by subsection (a)
    [amending this section] shall apply to any lease entered into or
    renewed after the date of enactment of this Act [May 12, 2006]."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-147, Sec. 1(b), Dec. 22, 2005, 119 Stat. 2679,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect as if included in Public Law 107-
    159 (116 Stat. 122)."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-331, title X, Sec. 1002(b), Dec. 13, 2002, 116 Stat.
    2870, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to any lease entered into or
    renewed after the date of the enactment of this title [Dec. 13,
    2002]."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-102, Sec. 3, Dec. 27, 2001, 115 Stat. 975, provided
    that: "This Act [amending this section] shall take effect as of
    April 12, 2000."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-216, Sec. 1(b), June 20, 2000, 114 Stat. 343,
    provided that: "The amendment made by subsection (a) [amending this
    section] shall apply to any lease entered into or renewed after the
    date of the enactment of this Act [June 20, 2000]."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 6(a) of Pub. L. 99-575 provided in part that the
    amendment made by Pub. L. 99-575 is effective Oct. 28, 1986.

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-568, title XII, Sec. 1201, Dec. 27, 2000, 114 Stat.
    2933, provided that: "This title [amending this section and
    enacting provisions set out as a note under this section] may be
    cited as the 'Navajo Nation Trust Land Leasing Act of 2000'."

                       SHORT TITLE OF 1985 AMENDMENT                   
      Section 1 of Pub. L. 99-221 provided that: "This Act [amending
    this section, section 450i of this title, section 3121 of Title 26,
    Internal Revenue Code, and section 410 of Title 42, The Public
    Health and Welfare, and enacting a provision set out as a note
    under section 410 of Title 42] may be cited as the 'Cherokee
    Leasing Act'."

            CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES        
      Pub. L. 106-568, title XII, Sec. 1202, Dec. 27, 2000, 114 Stat.
    2933, provided that:
      "(a) Findings. - Recognizing the special relationship between the
    United States and the Navajo Nation and its members, and the
    Federal responsibility to the Navajo people, Congress finds that - 
        "(1) the third clause of section 8, Article I of the United
      States Constitution provides that 'The Congress shall have Power
      * * * to regulate Commerce * * * with Indian tribes', and,
      through this and other constitutional authority, Congress has
      plenary power over Indian affairs;
        "(2) Congress, through statutes, treaties, and the general
      course of dealing with Indian tribes, has assumed the
      responsibility for the protection and preservation of Indian
      tribes and their resources;
        "(3) the United States has a trust obligation to guard and
      preserve the sovereignty of Indian tribes in order to foster
      strong tribal governments, Indian self-determination, and
      economic self-sufficiency;
        "(4) pursuant to the first section of the Act of August 9, 1955
      (25 U.S.C. 415), Congress conferred upon the Secretary of the
      Interior the power to promulgate regulations governing tribal
      leases and to approve tribal leases for tribes according to
      regulations promulgated by the Secretary;
        "(5) the Secretary of the Interior has promulgated the
      regulations described in paragraph (4) at part 162 of title 25,
      Code of Federal Regulations;
        "(6) the requirement that the Secretary approve leases for the
      development of Navajo trust lands has added a level of review and
      regulation that does not apply to the development of non-Indian
      land; and
        "(7) in the global economy of the 21st Century, it is crucial
      that individual leases of Navajo trust lands not be subject to
      Secretarial approval and that the Navajo Nation be able to make
      immediate decisions over the use of Navajo trust lands.
      "(b) Purposes. - The purposes of this title [see Short Title of
    2000 Amendment note above] are as follows:
        "(1) To establish a streamlined process for the Navajo Nation
      to lease trust lands without having to obtain the approval of the
      Secretary of the Interior for individual leases, except leases
      for exploration, development, or extraction of any mineral
      resources.
        "(2) To authorize the Navajo Nation, pursuant to tribal
      regulations, which must be approved by the Secretary, to lease
      Navajo trust lands without the approval of the Secretary of the
      Interior for the individual leases, except leases for
      exploration, development, or extraction of any mineral resources.
        "(3) To revitalize the distressed Navajo Reservation by
      promoting political self-determination, and encouraging economic
      self-sufficiency, including economic development that increases
      productivity and the standard of living for members of the Navajo
      Nation.
        "(4) To maintain, strengthen, and protect the Navajo Nation's
      leasing power over Navajo trust lands.
        "(5) To ensure that the United States is faithfully executing
      its trust obligation to the Navajo Nation by maintaining Federal
      supervision through oversight of and record keeping related to
      leases of Navajo Nation tribal trust lands."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    25 USC Sec. 415a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 415a. Lease of lands of deceased Indians for benefit of heirs
      or devisees

-STATUTE-
      Restricted lands of deceased Indians may be leased under sections
    415 to 415d of this title, for the benefit of their heirs or
    devisees, in the circumstances and by the persons prescribed in
    section 380 of this title: Provided, That if the authority of the
    Secretary under this section is delegated to any subordinate
    official, then any heir or devisee shall have the right to appeal
    the action of any such official to the Secretary under such rules
    and regulations as he may prescribe.

-SOURCE-
    (Aug. 9, 1955, ch. 615, Sec. 2, 69 Stat. 539.)

-End-



-CITE-
    25 USC Sec. 415b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 415b. Advance payment of rent or other consideration

-STATUTE-
      No rent or other consideration for the use of land leased under
    sections 415 to 415d of this title shall be paid or collected more
    than one year in advance, unless so provided in the lease.

-SOURCE-
    (Aug. 9, 1955, ch. 615, Sec. 4, 69 Stat. 540.)

-End-



-CITE-
    25 USC Sec. 415c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 415c. Approval of leases

-STATUTE-
      The Secretary of the Interior shall approve no lease pursuant to
    sections 415 to 415d of this title that contains any provision that
    will prevent or delay a termination of Federal trust
    responsibilities with respect to the land during the term of the
    lease.

-SOURCE-
    (Aug. 9, 1955, ch. 615, Sec. 5, 69 Stat. 540.)

-End-



-CITE-
    25 USC Sec. 415d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 415d. Lease of restricted lands under other laws unaffected

-STATUTE-
      Nothing contained in sections 415 to 415d of this title shall be
    construed to repeal any authority to lease restricted Indian lands
    conferred by or pursuant to any other provision of law.

-SOURCE-
    (Aug. 9, 1955, ch. 615, Sec. 6, 69 Stat. 540.)

-End-



-CITE-
    25 USC Sec. 416                                             01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416. Leases of trust or restricted lands on San Xavier and
      Salt River Pima-Maricopa Indian Reservations for public,
      religious, educational, recreational, residential, business,
      farming or grazing purposes

-STATUTE-
      Any trust or restricted Indian lands, whether tribally or
    individually owned, located on the San Xavier Indian Reservation
    and the Salt River Pima-Maricopa Indian Reservation, in the State
    of Arizona, may be leased by the Indian owners, with the approval
    of the Secretary of the Interior, for public, religious,
    educational, recreational, residential, business, farming or
    grazing purposes, including the development or utilization of
    natural resources in connection with operations under such leases,
    but no lease shall be executed under sections 416 to 416j of this
    title for purposes that are subject to the laws governing mining
    leases on Indian lands. The term of a grazing lease shall not
    exceed ten years, the term of a farming lease that does not require
    the making of a substantial investment in the improvement of the
    land shall not exceed ten years, and the term of a farming lease
    that requires the making of a substantial investment in the
    improvement of the land shall not exceed forty years. The term of
    any other lease shall not exceed ninety-nine years. No lease shall
    contain an option to renew which, if exercised, will extend the
    total term beyond the maximum term permitted by sections 416 to
    416j of this title. The Secretary of the Interior shall not approve
    any lease with a term that is longer than is necessary in his
    judgment to obtain maximum economic benefits for the Indian owners.

-SOURCE-
    (Pub. L. 89-715, Sec. 1, Nov. 2, 1966, 80 Stat. 1112.)

-End-



-CITE-
    25 USC Sec. 416a                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416a. Lease provisions

-STATUTE-
    (a) Covenant not to cause waste, etc.
      Every lease entered into under section 416 of this title shall
    contain a covenant on the part of the lessee that he will not
    commit or permit on the leased land any act which causes waste or a
    nuisance or which creates a hazard to health of persons or to
    property, wherever such persons or property may be.
    (b) Judicial enforcement
      The State of Arizona, or any political subdivision thereof
    contiguous with the San Xavier or Salt River Pima-Maricopa Indian
    Reservation, may bring suit, without regard to the amount in
    controversy, in the United States District Court for the District
    of Arizona to abate or enjoin any violation of the covenant
    required under subsection (a) of this section: Provided, That if,
    by reason of the citizenship of the parties and the law applicable
    to the cause of action, the District Court finds it lacks
    jurisdiction to hear and determine such suit, it may be brought in
    any court of competent jurisdiction of the State of Arizona.
    (c) Binding arbitration of disputes
      Any contract, including a lease, affecting land within the Salt
    River Pima-Maricopa Indian Reservation may contain a provision for
    the binding arbitration of disputes arising out of such contract.
    Such contracts shall be considered within the meaning of "commerce"
    as defined and subject to the provisions of section 1 of title 9.
    Any refusal to submit to arbitration pursuant to a binding
    agreement for arbitration or the exercise of any right conferred by
    title 9 to abide by the outcome of arbitration pursuant to the
    provisions of chapter 1 of title 9, sections 1 through 14, shall be
    deemed to be a civil action arising under the Constitution, laws or
    treaties of the United States within the meaning of section 1331 of
    title 28.

-SOURCE-
    (Pub. L. 89-715, Sec. 2, Nov. 2, 1966, 80 Stat. 1112; Pub. L. 98-
    163, Nov. 22, 1983, 97 Stat. 1016; Pub. L. 108-329, Sec. 1(a),
    Oct. 16, 2004, 118 Stat. 1274.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-329, in first sentence,
    substituted "Any contract, including a lease, affecting land" for
    "Any lease entered into under sections 416 to 416j or 415 to 415d
    of this title or any contract entered into under section 81 of this
    title, affecting land" and "such contract" for "such lease or
    contract" and, in second sentence, substituted "Such contracts" for
    "Such leases or contracts entered into pursuant to such sections".
      1983 - Subsec. (c). Pub. L. 98-163 added subsec. (c).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-329, Sec. 1(b), Oct. 16, 2004, 118 Stat. 1274,
    provided that: "The amendments made by this section [amending this
    section] shall take effect as if included in the Indian Tribal
    Economic Development and Contract Encouragement Act of 2000 (Public
    Law 106-179)."

-End-



-CITE-
    25 USC Sec. 416b                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416b. Development pursuant to lease

-STATUTE-
    (a) Notice requirements prior to approval of lease
      The Secretary of the Interior shall, before he approves any lease
    under sections 416 to 416j of this title for public, religious,
    educational, recreational, business, or residential purposes and if
    he determines that such lease will substantially affect the
    governmental interests of a municipality described hereunder,
    notify the appropriate authorities of any municipality contiguous
    to the San Xavier or Salt River Pima-Maricopa Reservation, as the
    case may be, of the pendency of the proposed lease and, in his
    discretion, furnish them with an outline of the major provisions of
    the lease which affect such governmental interests and shall
    consider any comments on the terms of the lease affecting the
    municipality, or on the absence of such terms from the lease, that
    such authorities may offer within such reasonable period, but not
    more than thirty days, as the Secretary may prescribe in his notice
    to them.
    (b) Development by non-Indian lessees
      It is the intent of the Congress that the terms under which lands
    located on the San Xavier and Salt River Pima-Maricopa Reservations
    are developed by non-Indian lessees shall, to the extent reasonably
    possible, be similar to those applicable under State or local law
    to the development of non-Indian lands in the municipalities
    contiguous thereto.

-SOURCE-
    (Pub. L. 89-715, Sec. 3, Nov. 2, 1966, 80 Stat. 1112.)

-End-



-CITE-
    25 USC Sec. 416c                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416c. Lease of lands of deceased Indians for benefit of heirs
      or devisees

-STATUTE-
      Trust or restricted lands of deceased Indians located on the San
    Xavier and Salt River Pima-Maricopa Reservations may be leased
    under sections 416 to 416j of this title, for the benefit of their
    heirs or devisees, in the circumstances and by the persons
    prescribed in section 380 of this title: Provided, That if the
    authority of the Secretary under this section is delegated to a
    subordinate official, then any heir or devisee shall have the right
    to appeal the action of any such official to the Secretary under
    such rules and regulations as he may prescribe.

-SOURCE-
    (Pub. L. 89-715, Sec. 4, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416d                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416d. Advance payment of rent or other consideration

-STATUTE-
      No rent or other consideration for the use of land leased under
    sections 416 to 416j of this title shall be paid or collected more
    than one year in advance, unless so provided in the lease.

-SOURCE-
    (Pub. L. 89-715, Sec. 5, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416e                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416e. Approval of leases

-STATUTE-
      The Secretary of the Interior shall approve no lease pursuant to
    sections 416 to 416j of this title that contains any provision that
    will prevent or delay a termination of Federal trust
    responsibilities with respect to the land during the term of the
    lease.

-SOURCE-
    (Pub. L. 89-715, Sec. 6, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416f                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416f. Dedication of land for public purposes

-STATUTE-
      Individual or tribal owners of trust or restricted Indian land on
    the San Xavier and Salt River Pima-Maricopa Reservations may, with
    the approval of the Secretary, dedicate land to the public for
    streets, alleys, or other public purposes under those laws of the
    State of Arizona that are applicable to the dedication of land for
    public purposes.

-SOURCE-
    (Pub. L. 89-715, Sec. 7, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416g                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416g. Contract for water, sewerage, law enforcement, or other
      public services

-STATUTE-
      The Papago Council and the Salt River Pima-Maricopa Community
    Council, with the approval of the Secretary of the Interior, may
    contract with the State of Arizona or its political subdivisions
    for the furnishing of water, sewerage, law enforcement, or other
    public services on terms and conditions deemed advantageous to the
    tribe and individual Indian landowners.

-SOURCE-
    (Pub. L. 89-715, Sec. 8, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416h                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416h. Zoning, building, and sanitary regulations

-STATUTE-
      The Papago Council and the Salt River Pima-Maricopa Community
    Council, with the consent of the Secretary of the Interior, are
    hereby authorized, for their respective reservations, to enact
    zoning, building, and sanitary regulations covering the lands on
    their reservations for which leasing authority is granted by
    sections 416 to 416j of this title in the absence of State civil
    and criminal jurisdiction over such particular lands, and said
    councils may contract with local municipalities for assistance in
    preparing such regulations.

-SOURCE-
    (Pub. L. 89-715, Sec. 9, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416i                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416i. Restrictions

-STATUTE-
      Nothing contained in sections 416 to 416j of this title shall - 
        (a) authorize the alienation, encumbrance, or taxation of any
      interest in real or personal property, including water rights,
      held in trust by the United States or held by an individual
      Indian, the Papago Tribe or the Salt River Pima-Maricopa
      Community subject to a restriction against alienation imposed by
      the United States, or any income therefrom: Provided, That the
      foregoing shall not affect the power to lease as provided in
      section 416 of this title or the power to dedicate as provided in
      section 416f of this title and shall not affect or abridge any
      right of the State of Arizona or its political subdivisions to
      tax non-Indian leasehold and possessory interests, buildings,
      improvements and personal property located on the San Xavier and
      Salt River Pima-Maricopa Reservations and not owned by Papago or
      Pima-Maricopa Indians residing thereon;
        (b) confer jurisdiction on the State of Arizona to adjudicate
      in probate proceedings or otherwise the ownership or right to
      possession of trust or restricted property or any interests
      therein;
        (c) alter or abridge in any way the authority of public school
      districts to include areas within the San Xavier and Salt River
      Pima-Maricopa Reservation;
        (d) be construed to repeal any authority to lease or mortgage
      trust or restricted Indian lands conferred by or pursuant to any
      other provision of law.

-SOURCE-
    (Pub. L. 89-715, Sec. 10, Nov. 2, 1966, 80 Stat. 1113.)

-End-



-CITE-
    25 USC Sec. 416j                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 12 - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED
                  LANDS                           

-HEAD-
    Sec. 416j. Mission San Xavier del Bac

-STATUTE-
      Nothing in sections 416 to 416j of this title shall authorize the
    Secretary to approve any development which would detract from the
    scenic, historic, and religious values of the Mission San Xavier
    del Bac owned by the Franciscan Order of Friars Minor and located
    on the San Xavier Reservation.

-SOURCE-
    (Pub. L. 89-715, Sec. 11, Nov. 2, 1966, 80 Stat. 1114.)

-End-