--- kind: "range" citation: "25 U.S.C. §§ 396a–396g" title: "25" from: "396a" to: "396g" count: 7 release: "119-102" url: "https://uscodex.org/usc/25/396a..396g" --- # §396a. Leases of unallotted lands for mining purposes; duration of leases On and after May 11, 1938, unallotted lands within any [Indian reservation](/usc/25/2902.md?p=8) or lands owned by any [tribe](/usc/25/3402.md?p=2-A), group, or band of [Indians](/usc/25/1934.md) under Federal jurisdiction, except those specifically excepted from the provisions of [sections 396a to 396g](/usc/25/396a..396g.md) of this title, may, with the approval of the [Secretary](/usc/25/5130.md?p=1) of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such [Indians](/usc/25/1934.md), for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities. # §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](/usc/25/5130.md?p=1) of the Interior may prescribe. Such advertisement shall reserve to the [Secretary](/usc/25/5130.md?p=1) of the Interior the right to reject all bids whenever in his judgment the interest of the [Indians](/usc/25/1934.md) 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](/usc/25/5130.md?p=1) of the Interior shall determine that it is unwise in the interest of the [Indians](/usc/25/1934.md) to accept the highest bid, said [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/3402.md?p=2-A) organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [[25 U.S.C. 5123](/usc/25/5123.md), 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](/usc/25/81.md?p=a-2) pursuant to the Act of June 18, 1934 [[25 U.S.C. 5101](/usc/25/5101.md) et seq.]. # §396c. Lessees of restricted lands to furnish bonds for performance On and after May 11, 1938, lessees of restricted [Indian lands](/usc/25/3653.md?p=3), tribal or allotted, for mining purposes, including oil and gas, shall furnish corporate surety bonds, in amounts satisfactory to the [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/5130.md?p=1) 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](/usc/25/5130.md?p=1) of the Interior, or show ownership to unencumbered real estate of a value equal to twice the amount of the bonds. # §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](/usc/25/396a..396g.md) of this title or any other Act affecting restricted [Indian lands](/usc/25/3653.md?p=3) shall be subject to the rules and regulations promulgated by the [Secretary](/usc/25/5130.md?p=1) of the Interior. In the discretion of the said [Secretary](/usc/25/5130.md?p=1), any lease for oil or gas issued under the provisions of [sections 396a to 396g](/usc/25/396a..396g.md) of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said [Secretary](/usc/25/5130.md?p=1) 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. # §396e. Officials authorized to approve leases The [Secretary](/usc/25/5130.md?p=1) of the Interior may, in his discretion, authorize superintendents or other officials in the [Indian](/usc/25/1934.md) Service to approve leases for oil, gas, or other mining purposes covering any restricted [Indian lands](/usc/25/3653.md?p=3), tribal or allotted. # §396f. Lands excepted from leasing provisions Sections [396a](/usc/25/396a.md), [396b](/usc/25/396b.md), [396c](/usc/25/396c.md), and [396d](/usc/25/396d.md) of this title shall not apply to the Crow [Reservation](/usc/25/2902.md?p=8) in Montana, the ceded lands of the Shoshone [Reservation](/usc/25/2902.md?p=8) in Wyoming, the Osage [Reservation](/usc/25/2902.md?p=8) in Oklahoma, nor to the coal and asphalt lands of the Choctaw and Chickasaw [Tribes](/usc/25/3402.md?p=2-A) in Oklahoma. # §396g. Subsurface storage of oil or gas The [Secretary](/usc/25/5130.md?p=1) of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the [Indians](/usc/25/1934.md), is authorized in his discretion to approve leases of lands that are subject to lease under section [396](/usc/25/396.md) or [396a](/usc/25/396a.md) of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the [Secretary](/usc/25/5130.md?p=1) is authorized, in order to provide for the subsurface storage of oil or gas, to approve modifications, amendments, or extensions of the oil and gas or other mining lease(s), if any, in effect as to restricted [Indian lands](/usc/25/3653.md?p=3), tribal or allotted, and may promulgate rules and regulations consistent with such leases, modifications, amendments, and extensions, relating to the storage of oil or gas thereunder. Any such leases may provide for the payment of a storage fee or rental on such stored oil or gas or, in lieu of such fee or rental, for a royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. It may be provided that any oil and gas lease under which storage of oil or gas is so authorized shall be continued in effect at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.