Title 25 — Indians
Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands
§ 396b. Public auction of oil and gas leases; requirements
Statutory text
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 (48 Stat. 984) [25 U.S.C. 5123, 5124], 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 [25 U.S.C. 5101 et seq.].
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 75–198 § 2 · 52 Stat. 347
Enacted · 25 U.S.C. § 396b
(May 11, 1938, ch. 198, § 2, 52 Stat. 347.)
Source evidence
Code source credit
(May 11, 1938, ch. 198, § 2, 52 Stat. 347.)Enacted provision · exact public law section
Sec. 2. That leases for oil- and/or gas-mining purposes covering Public sales of leases; terms and conditions. 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 Rights reserved. 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 Readvertisement for sale. 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 Private negotiations. tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict Proviso. Designated rights of Indians not restricted. the right of tribes organized and incorporated under sections 16 and 43 Stat. 987, 988. 25 U. S. C. § 476, 477. 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Act of , referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent Acts
For repeal of inconsistent acts, see section 7 of act , set out as a note under section 396a of this title.
Credits
(May 11, 1938, ch. 198, § 2, 52 Stat. 347.)