Title 25 — IndiansRelease 119-73

§401 Leases for mining purposes of unallotted lands in Kaw Reservation

Title 25 › Chapter CHAPTER 12— - LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 401

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior may lease certain lands in the Kaw Reservation in Oklahoma for mining. This covers cemetery lands that are not needed and lands set aside for school or agency use, and the leases must be sold at public auction under rules the Secretary makes. The State may tax oil, gas, and other mineral production the same as on private land. The Secretary must pay taxes charged on the royalty shares from those lands, but those taxes cannot become a lien or claim on the land or the Indian owner’s property.

Full Legal Text

Title 25, §401

Indians — Source: USLM XML via OLRC

The Secretary of the Interior is authorized to lease for mining purposes lands reserved from allotment to be used as a cemetery and not needed for that purpose, and lands reserved for school and agency purposes in the Kaw Reservation in the State of Oklahoma, and for the use and benefit of the members of the Kansas or Kaw Tribe of Indians, at public auction, upon such terms and conditions and under such rules and regulations as he may prescribe: Provided, That the production of oil and gas and other minerals on such lands may be taxed by the State in which said lands are located in all respects the same as production on unrestricted lands, and the Secretary of the Interior is hereby authorized and directed to cause to be paid the tax so assessed against the royalty interests on said lands: Provided, however, That such tax shall not become a lien or charge of any kind or character against the land or the property of the Indian owner.

Reference

Citations & Metadata

Citation

25 U.S.C. § 401

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73