§ 396b TITLE 25—INDIANS Page 106

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.

(May 11, 1938, ch. 198, §1, 52 Stat. 347.)

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repealed.’’

CROSS REFERENCES

Wind River Indian Reservation, administration and

leasing of minerals, see note set out under section 611

of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 396d, 396f, 396g,

459c, 1724, 2105 of this title.

§ 396b. Public auction of oil and gas leases; requirements

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.].

(May 11, 1938, ch. 198, §2, 52 Stat. 347.)

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 (§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.

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, 396f,

459c, 1724, 2105 of this title.

§ 396c. Lessees of restricted lands to furnish

bonds for performance

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.

(May 11, 1938, ch. 198, §3, 52 Stat. 348.)

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, 396f,

459c, 1724, 2105 of this title.

§ 396d. Rules and regulations governing operations; limitations on oil or gas leases

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.

(May 11, 1938, ch. 198, §4, 52 Stat. 348.)

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, 396f, 459c,

1724, 2105 of this title.

§ 396e. Officials authorized to approve leases

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.

(May 11, 1938, ch. 198, §5, 52 Stat. 348.)

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.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,

and agencies of Department of the Interior, with cer-