Page 107 TITLE 25—INDIANS § 398

tain exceptions, to Secretary of the Interior, with

power to delegate, see Reorg. Plan No. 3 of 1950, §§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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 396a, 396d, 459c,

1724, 2105 of this title.

§ 396f. Lands excepted from leasing provisions

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.

(May 11, 1938, ch. 198, §6, 52 Stat. 348; May 27,

1955, ch. 106, §2, 69 Stat. 68.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 396a, 396d, 459c,

1724, 2105 of this title.

§ 396g. Subsurface storage of oil or gas

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.

(May 11, 1938, ch. 198, §8, as added Aug. 1, 1956,

ch. 808, 70 Stat. 774.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 396a, 396d, 459c,

1724, 2105 of this title.

§ 397. Leases of lands for grazing or mining

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.

(Feb. 28, 1891, ch. 383, §3, 26 Stat. 795.)

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, §§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.

CROSS REFERENCES

Cherokee Outlet, provisions inapplicable to, see section 371 of this title.

Lands held in trust may be leased by allottee for period not to exceed five years under rules and regulations of Secretary of the Interior, see section 403 of this

title.

Unallotted lands authorized to be leased for oil and

gas mining purposes, see section 398 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 371, 398 of this

title.

§ 398. Leases of unallotted lands for oil and gas

mining purposes

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.