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Title 25 — Indians

Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands

§ 397. Leases of lands for grazing or mining

Statutory text

Where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior.

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.

  1. Pub. L. 51–383 § 3 · 26 Stat. 794

    Enacted · 25 U.S.C. § 397

    (Feb. 28, 1891, ch. 383, § 3, 26 Stat. 795.)

    Source evidence

    Code source credit
    (Feb. 28, 1891, ch. 383, § 3, 26 Stat. 795.)

    Enacted provision · exact public law section
    Sec. 3. That whenever it shall be made to appear to the Secretary Leases, by Secretary of Interior, of existing allotments where allottee disabled from occupancy, etc. of the Interior that, by reason of age or other disability, any allottee under the provisions of said act, or any other act or treaty can not 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 such Secretary, Terms, etc. for a term not exceeding three years for farming or grazing, or ten years for mining purposes: Provided, That where lands are occupied Proviso. by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not Leases, by Indian agent, of certain lands occupied by Indian purchasers. desired for individual allotments, the same may be leased by authority of the Council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in Terms, etc. charge of such reservation may recommend, subject to the approval of the Secretary of the Interior.

1 of 1 references resolved to an enrolled provision

Executive Documents

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. , 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

(Feb. 28, 1891, ch. 383, § 3, 26 Stat. 795.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s397