Page 111 TITLE 25—INDIANS § 403a

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.

CROSS REFERENCES

Ute Indians, division of trust funds deposited in

Treasury pursuant to this section, see section 672 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 672 of this title.

§ 400. Leases for mining purposes of reserved

and unallotted lands in Fort Peck and Blackfeet Indian Reservations

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.

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

§ 400a. Lease for mining purposes of land reserved for agency or school; disposition of

proceeds; royalty

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.

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

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.

§ 401. Leases for mining purposes of unallotted

lands in Kaw Reservation

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.

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

§ 402. Leases of surplus lands

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.

(Aug. 15, 1894, ch. 290, §1, 28 Stat. 305.)

CROSS REFERENCES

Lease on unallotted irrigable lands for farming purposes, see section 402a of this title.

§ 402a. Lease of unallotted irrigable lands for

farming purposes

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.

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

§ 403. Leases of lands held in trust

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.

(June 25, 1910, ch. 431, §4, 36 Stat. 856.)

CROSS REFERENCES

Leases of restricted allotments and arid allotted

lands, see sections 393, 394 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 406, 564h,

697, 747 of this title; title 43 section 1617.

§ 403a. Lease of lands on Port Madison and Snohomish or Tulalip Indian Reservations in

Washington

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 twentyfive 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.