Page 105 TITLE 25—INDIANS § 396a

CROSS REFERENCES

Lease of inherited allotments by superintendent in

certain cases, see section 380 of this title.

§ 393a. Lands of Five Civilized Tribes

From and after thirty days from February 11,

1936 the restricted lands belonging to Indians of

the Five Civilized Tribes in Oklahoma of onehalf 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.

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

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.

§ 394. Leases of arid allotted lands

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.

(May 18, 1916, ch. 125, §1, 39 Stat. 128.)

CROSS REFERENCES

Restricted allotments authorized to be leased for

farming and grazing purposes, see section 393 of this

title.

§ 395. Leases of allotted lands where allottee is

incapacitated

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.

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

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.

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.

CROSS REFERENCES

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

this title.

Leases of arid allotted lands susceptible of irrigation

where Indian is unable personally to occupy and improve his allotment, see section 394 of this title.

§ 396. Leases of allotted lands for mining purposes

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.

(Mar. 3, 1909, ch. 263, 35 Stat. 783; Aug. 9, 1955, ch.

615, §3, 69 Stat. 540.)

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.

CROSS REFERENCES

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

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 396g of this title.

§ 396a. Leases of unallotted lands for mining purposes; duration of leases

On and after May 11, 1938, unallotted lands

within any Indian reservation or lands owned by