25 U.S.C. § 396b

Public auction of oil and gas leases; requirements

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Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such conditions as the Secretary of the Interior may prescribe. Such advertisement shall reserve to the Secretary of the Interior the right to reject all bids whenever in his judgment the interest of the Indians will be served by so doing, and if no satisfactory bid is received, or the accepted bidder fails to complete the lease, or the Secretary of the Interior shall determine that it is unwise in the interest of the Indians to accept the highest bid, said Secretary may readvertise such lease for sale, or with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations: Provided, That the foregoing provisions shall in no manner restrict the right of tribes organized and incorporated under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 5123, 5124], to lease lands for mining purposes as therein provided and in accordance with the provisions of any constitution and charter adopted by any Indian tribe pursuant to the Act of June 18, 1934 [25 U.S.C. 5101 et seq.].

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1957–2022 · leading case: United States v. Navajo Nation

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United States v. Navajo Nation (2003) scotus · cites it 2× “See 25 U.S.C. § 396b (requirements for public auctions of oil and gas leases); § 396d (oil and gas leases are "subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by [the] Secretary"); § 396g ("[T]o avoid waste or to promote the…”

Merrion v. Jicarilla Apache Tribe (1982) scotus · cites it 2× “However, the proviso to 25 U. S. C. §396b states that “the foregoing provisions shall in no manner restrict the right of tribes .”

Cotton Petroleum Corp. v. New Mexico (1989) scotus · cites it 2× “Longstanding regulations promulgated pursuant to the 1938 Act govern the minute details of the bidding process, 25 CFR § 211.”

Jicarilla Apache Tribe v. Andrus (1982) ca10 · cites it 2× “1 The four lease sales were conducted by the Bureau of Indian Affairs (BIA) on April 22, 1970, July 14, 1971, November 17, 1971, and September 6, 1972, by sealed-bid auction pursuant to 25 U.S.C. § 396b. Of a total 415,885.90 acres offered, 276,117.”

Kerr-McGee Corp. v. Navajo Tribe of Indians (1985) scotus “25 U. S. C. § 396b. Because we conclude that the 1938 Act does not require the Secretary to review tribal taxes, however, the Navajo Tribe’s decision not to accept the IRA is irrelevant.”

Navajo Nation v. United States (2000) uscfc “§ 396d), and the delegation by the Secretary of lease approval authority (25 U.”

Blackfeet Tribe of Indians v. State of Montana, Director of the Montana Department of Revenue, Glacier County, Montana, (1984) ca9 “Section 2 of the 1938 Act, 25 U.S.C. § 396b, expands the 1924’s Act public auction requirements.”

Merrion v. Jicarilla Apache Tribe (1980) ca10 “25 U.S.C. § 396b provides: Leases for oil- and/or gas-mining purposes covering such unallotted lands shall be offered for sale to the highest responsible qualified bidder, at public auction or on sealed bids, after notice and advertisement, upon such terms and subject to such…”

United States v. 9,345.53 Acres of Land (1966) nywd “25 U.S.C. § 396b. . 25 U.S.C. § 396c. . 25 U.”

Blackfeet Tribe of Indians v. Groff (1982) ca9 “Section 2 of the 1938 Act, 25 U.S.C. § 396b, expands on the 1924 Act’s public auction requirements.”

Birdbear v. United States (2022) uscfc · cites it 2× “at 1035; see also 25 U.S.C. § 396b. The court of appeals noted that it was undisputed “that the [IMLA] requires leases to be competitively bid.”

United States ex rel. Shoshone Indian Tribe v. Seaton (1957) cadc “347 , 25 U.S.C.A. § 396b. The District Court dismissed the complaint, on the ground that the 1953 Act made the lands in question part of the public domain and no longer subject to statutes regulating leases of Indian lands.”

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