§ 398a TITLE 25—INDIANS Page 108

(May 29, 1924, ch. 210, 43 Stat. 244.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 398a of this title.

§ 398a. Leases of unallotted lands for oil and gas

mining purposes within Executive order Indian reservations

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.

(Mar. 3, 1927, ch. 299, §1, 44 Stat. 1347.)

§ 398b. Proceeds from rentals, royalties, and bonuses; disposition

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.

(Mar. 3, 1927, ch. 299, §2, 44 Stat. 1347.)

§ 398c. Taxes

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.

(Mar. 3, 1927, ch. 299, §3, 44 Stat. 1347.)

§ 398d. Changes in boundaries of Executive order

reservations

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.

(Mar. 3, 1927, ch. 299, §4, 44 Stat. 1347; Pub. L.

94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat.

2792.)

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.

§ 398e. Applications for permits to prospect for

oil and gas filed under other statutes; disposition

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 pay-