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1 Regulations Governing the Leasing of Tribal Lands for Mining Purposes 1 (1924)

handle is hein.amindian/vnre0001 and id is 1 raw text is: 







                      REGULATIONS
                            GOVERNING THE

    LEASING OF TRIBAL LANDS FOR MINING PURPOSES


    The proviso to section 3 of the act of February 28, 1891 (26 Stat.
795), reads:
  That where lands are occupied by Indians who have bought and paid for the
same, and which lands are not needed for farming or agricultufal 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 farming or ten years for mining purposes, in such quantities and upon
such terms and conditions as the agent in charge of such reservation may recom-
mend, subject to the approval of the Secretary of the Interior.
   The act of May  29, 1924  (Public, No. 158, 68th Cong.), provides:
   That unallotted land on Indian reservations other than lands of the Five
Civilized Tribes and the Osage Reservation subject to lease for mining purposes
for a period of ten years under the proviso to section 3 of the act of February 28,
1891 (26 Stat. L. 795), may be leased at public auction by the Secretary of the
Interior, with the consent of the council speaking for such Indians, for oil and gas
mining purposes for a period of not to exceed ten years, and as much longer there-
after as oil or gas shall be found in paying quantities, and the terms of any exist-
ing oil and gas mining lease may in like manner be amended by extending the
term thereof for as long as oil or gas shall be found in paying quantities.
   To carry these provisions of law into effect the following regulations
are prescribed.  All former regulations for this purpose are replaced
and  superseded by  these regulations.
   1. The term  officer in charge shall refer to the Superintendent
or other officer of the Indian Service or of the Government   having
jurisdiction over the lands involved.
   2. The  tribal council of any   Indian  Tribe, speaking  for such
Indians  by  resolution properly  authenticated  may   authorize  the
Secretary of the Interior to lease for mining purposes their unallotted
tribal lands not needed for farming or agricultural purposes. There-
upon  the Secretary may  authorize and empower   any person to be by
him  designated to execute for and on behalf of the tribe and subject to
his approval  all leases on unallotted tribal lands for oil and gas or
other mining  purposes,  except metalliferous minerals on  unallotted
lands of Indian reservations in Arizona, California, Idaho, Montana,
Nevada,   New  Mexico,  Oregon,  Washington  or Wyoming which are
subject to lease under Sec. 26 of the act of June  30, 1919 (41 Stat.
31), amended  March   3, 1921 (41 Stat. 1225-1231).
  3. Oil and  gas leases shall be for a term of five years and as long
thereafter as oil or gas is found in paying quantities, and any existing
oil and gas lesse, executed and approved for a term of not exceeding
ten years, may be amended   by extending the-term  thereof for as long
as oil or gas is found in paying quantities by stipulation entered into
     6198-24f-1

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