25 U.S.C. § 396b — Public auction of oil and gas leases; requirements

FEDERAL · 25 U.S.C. · Chapter 12

Public auction of oil and gas leases; requirements

25 U.S.C. § 396b

Chapter12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS

This text of 25 U.S.C. § 396b (Public auction of oil and gas leases; requirements) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

25 U.S.C. § 396b.

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 o

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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) [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 June 18, 1934 [25 U.S.C. 5101 et seq.].

J. Gregory Merrion and Robert L. Bayless, D/B/A Merrion and Bayless, Jerome T. McHugh Chase Oil Company, Dugan Production Corporation, Consolidated Oil and Gas, Inc., Southland Royalty Company, Tesoro Petroleum Corporation, Amerada Hess, Supron Energy Corporation, Energy Reserves Group, Inc., J. M. Huber Corporation, Continental Oil Company, Atlantic Richfield Company, Phillips Petroleum Company, Tenneco Oil Company, Getty Oil Company, and Gulf Oil Corporation v. Jicarilla Apache Tribe, Jicarilla Apache Tribal Council, and Cecil Andrus, Secretary of the Interior, Mobile Oil Corporation and Oxy Petroleum, Inc., Intervenors-Appellees. Amoco Production Company and Marathon Oil Company v. Jicarilla Apache Tribe, Jicarilla Apache Tribal Council, Gwendolyn Velarde, Treasurer of the Jicarilla Apache Tribe, Cecil Andrus, Secretary of the Interior

617 F.2d 537 (Tenth Circuit, 1980)

3 case citations

Blackfeet Tribe of Indians v. Groff

729 F.2d 1185 (Ninth Circuit, 1982)

2 case citations

United States ex rel. Shoshone Indian Tribe v. Seaton

248 F.2d 154 (D.C. Circuit, 1957)

2 case citations

Birdbear v. United States

(Federal Claims, 2022)

Source Credit

History

(May 11, 1938, ch. 198, §2, 52 Stat. 347.)

Editorial Notes

Editorial Notes

References in Text
Act of June 18, 1934, 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 May 11, 1938, set out as a note under section 396a of this title.

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Bluebook (online)

25 U.S.C. § 396b, Counsel Stack Legal Research, https://law.counselstack.com/usc/25/396b.