INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-FIFTH CONGRESS, THIRD SESSION, 1938
Chap. 33  | Chap. 42 | Chap. 63 | Chap. 120 | Chap. 141 | Chap. 144 | Chap. 145 | Chap. 187 | Chap. 198 | Chap. 259 | Chap. 304 | Chap. 310 | Chap. 328 | Chap. 330 | Chap. 386 | Chap. 390 | Chap. 435 | Chap. 436 | Chap. 464 | Chap. 466 | Chap. 524 | Chap. 525 | Chap. 554 | Chap. 645 | Chap. 648 | Chap. 681 | Chap. 686 | Chap. 687 | Chap. 710 | Chap. 776 | Chap. 777 | Chap. 779 | Chap. 814

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Chapter 198
May 11, 1938.  | [S. 2689.] 52 Stat., 347.

An Act To regulate the leasing of certain Indian lands for mining purposes
Section 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 198 Indian lands. Leasing of unallotted lands for mining purposes. Exception.
Chap. 198 Terms of lease.
Sec. 2 Public sales of leases; terms and conditions.
Sec. 2 Rights reserved.
Sec. 2 Readvertisement for sale.
Sec. 2 Private negotiations.
Sec. 2 Proviso. Designated rights of Indians not restricted.
Sec. 2 48 Stat., 987, 988; ante, 380, 381. 25 U.S.C. §§ 476, 477.
Sec. 3 Corporate surety bonds to be furnished by lessees.
Sec. 3 Proviso. Acceptance of personal surety bonds.
Sec. 4 Operations; rules and regulations.
Sec. 4 Cooperative unit, etc., plans.
Sec. 5 Delegation of authority to approve leases.
Sec. 6 Specified sections not to apply to lands designated.
Sec. 7 Inconsistent provisions repealed.

Page 592

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those hereinafter specifically excepted from the provisions of this Act, 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.

SEC. 2.

That 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), 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.

SEC. 3.

That hereafter 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.

SEC. 4.

That all operations under any oil, gas, or other mineral lease issued pursuant to the terms of this 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 this Act 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.

SEC. 5.

That 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.

SEC. 6.

Sections 1, 2, 3, and 4 of this Act shall not apply to the Papago Indian Reservation in Arizona, 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.

SEC. 7.

All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved, May 11, 1938.


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