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Title 25 — IndiansRelease 119-73not60

§396g Subsurface Storage of Oil or Gas

Title 25 › Chapter 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 396g

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Interior can approve leases to store oil or gas underground on lands that are open to leasing, even if the oil or gas came from other land. He can change or extend existing oil, gas, or mining leases on restricted Indian lands (tribal or allotted) and create rules that match those leases. Leases may charge a storage fee or, instead, a different royalty when the stored oil or gas is later produced with oil or gas not previously produced. Any lease allowing storage must stay in effect during the storage and while the previously unproduced oil or gas continues to produce enough to be profitable.

Full Legal Text

Title 25, §396g

Indians — Source: USLM XML via OLRC

The Secretary of the Interior, to avoid waste or to promote the conservation of natural resources or the welfare of the Indians, is authorized in his discretion to approve leases of lands that are subject to lease under section 396 or 396a of this title, for the subsurface storage of oil and gas, irrespective of the lands from which initially produced, and the Secretary 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, 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Repeal of Inconsistent ActsFor repeal of inconsistent acts, see section 7 of act May 11, 1938, set out as a note under section 396a of this title.

Reference

Citations & Metadata

Citation

25 U.S.C. § 396g

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60