Title 25, IndiansRelease 119-102

§398 Leases of Unallotted Lands for Oil and Gas Mining Purposes

Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 398

Last updated Aug 21, 2026|Official source

Summary

The Secretary of the Interior can lease unallotted land on Indian reservations (except land of the Five Civilized Tribes and the Osage Reservation) at public auction for oil and gas. The tribe’s council must agree. Leases may run up to ten years and can be extended as long as oil or gas is found in paying quantities. Existing oil and gas leases can be changed the same way to extend them while production continues. States may tax oil, gas, and other mineral production on these lands the same as on non-Indian land. The Secretary must pay any tax charged on royalty interests, but the tax cannot become a lien or charge against the land or the Indian owner’s property.

Full Legal Text

Title 25, §398

Indians, Source: USLM XML via OLRC

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 section 397 of this title 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 as oil or gas shall be found in paying quantities, and the terms of any existing 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: 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 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. § 398

Title 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102