Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 396b
Unallotted lands for oil or gas must be offered for sale to the highest responsible, qualified bidder. Sales happen at public auction or by sealed bids after notice and advertising, and follow rules the Secretary of the Interior sets. The Secretary can reject all bids if he thinks that is best for the Indians. If no good bid is made, a winner fails to complete the lease, or the Secretary finds the top bid unwise, the lease can be re-advertised or, with the tribal council’s or tribal government’s consent, negotiated privately. This does not limit rights of tribes organized under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5123, 5124], to lease land under that Act and any tribal constitution or charter adopted under 25 U.S.C. 5101 et seq.
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Indians, Source: USLM XML via OLRC
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Citation
25 U.S.C. § 396b
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102