Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes, by the superintendents of the reservation within which the lands are located (1) when the heirs or devisees of such decedents have not been determined and (2) when the heirs or devisees of the decedents have been determined, and such lands are not in use by any of the heirs and the heirs have not been able during a three-months’ period to agree upon a lease by reason of the number of the heirs, their absence from the reservation, or for other cause, under such rules and regulations as the Secretary of the Interior may prescribe. The proceeds derived from such leases shall be credited to the estates or other accounts of the individuals entitled thereto in accordance with their respective interests.
Notes of Decisions
Fredericks v. United States, 125 Fed. Cl. 404 (Fed. Cl. 2016).
· cites it 3× “143, 150-51 (citing 25 U.S.C. § 380 for the proposition that the Secretary may grant agricultural leases under certain circumstances).”
Confederated Tribes & Bands of the Yakama Nation v. United States, 89 Fed. Cl. 589 (Fed. Cl. 2009).
· cites it 2× “The Indian Long-Term Leasing Act and the regulations promulgated under 25 U.S.C. §§ 380 , 415(a) (2006), provide that the owners of interests in restricted Indian lands which are held in trust may lease these lands with the approval of the Secretary of the Interior.”
United States v. Newmont USA Ltd., 504 F. Supp. 2d 1050 (E.D. Wash. 2007).
“” See 25 U.S.C. § 380 (providing that “[rjestricted allotments of deceased Indians may be leased .”
Chemah v. Fodder, 259 F. Supp. 910 (W.D. Okla. 1966).
“25 U.S.C. § 380 , which provides as follows: “Restricted allotments of deceased Indians may be leased, except for oil and gas mining purposes, by the superintendents of the reservation within which the lands are located (1) when the heirs *914 or devisees of such decedents have…”
Sanders (N.D. Okla. 2026).
“§ 372 (establishes a procedure for the Secretary of the Interior to follow for ascertaining the heirs of a deceased allottee, settling the estate, sale of land, payment of sale proceeds, and depositing of funds); 25 U.S.C. § 380 (establishes the procedure for the lease of…”
Holy Eagle v. Towle, 32 F.R.D. 591 (D.S.D. 1963).
“§ 466 , poses a federal question which confers jurisdiction, with like inference suggested in the alleged unconstitutionality of 25 U.S.C.A. § 380 . Schwarz v. United States, 4 Cir.”
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