25 U.S.C. § 396d
Rules and regulations governing operations; limitations on oil or gas leases
All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior. In the discretion of the said Secretary, any lease for oil or gas issued under the provisions of sections 396a to 396g of this title shall be made subject to the terms of any reasonable cooperative unit or other plan approved or prescribed by said Secretary prior or subsequent to the issuance of any such lease which involves the development or production of oil or gas from land covered by such lease.
Notes of Decisions
Cited in 27
cases, 1949–2015 · leading case: Kenai Oil & Gas, Inc. v. Dep't of the Interior, 522 F. Supp. 521 (D. Utah 1981).
Kenai Oil & Gas, Inc. v. Dep't of the Interior, 522 F. Supp. 521 (D. Utah 1981). “25 U.S.C. § 396d states: All operations under any oil, gas, or other mineral lease issued pursuant to the terms of any act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by the Secretary of the Interior.”
Chuska Energy Co. v. Mobil Expl. & Producing North Am., Inc., (Substituting for the Superior Oil Co.), 854 F.2d 727 (5th Cir. 1988). “25 U.S.C. § 396d. The district court entered a summary judgment in favor of Mobil on its defense that the assignment had been materially altered by changes in the underlying agreement between Chuska and the Navajos, 658 F.”
Woods Petroleum Corp. v. Dep't of Interior, 47 F.3d 1032 (10th Cir. 1995). “Pursuant to 25 U.S.C. § 396d, the Secretary has the discretion to approve or prescribe a “reasonable cooperative unit.”
Cheyenne-Arapaho Tribes v. United States, 33 Fed. Cl. 464 (Fed. Cl. 1995). “The Tenth Circuit courts viewed the determinative issue therein as whether DOFs approval of the communitization agreements under 25 U.S.C. § 396d constituted an abuse of the discretion allowed DOI under that statute.”
Navajo Nation v. United States, 263 F.3d 1325 (Fed. Cir. 2001). “1992) (requiring the Secretary of the Interior to consider relevant economic factors before approving a communization agreement under 25 U.S.C. § 396d of IMLA). I do not believe, however, that any of the other breaches that are alleged by the Nation implicate a fiduciary…”
Kerr-McGee Corp. v. Navajo Tribe of Indians, 471 U.S. 195 (1985). “” 25 U. S. C. §396d. Under this grant of authority, the Secretary has issued comprehensive regulations governing the operation of oil and gas leases.”
San Xavier Dev. Auth. v. Susan Charles, A.K.A. Susan Charet D.B.A. Desert Sands Mobile Home Sales & Serv., 237 F.3d 1149 (9th Cir. 2001). “There, the Chuska Energy Company brought an action under 25 U.S.C. § 396d, which requires BIA approval of mineral agreements entered into by the Navajo Nation or individual members of that tribe.”
Oklahoma Tax Comm'n v. Texas Co., 336 U.S. 342 (1949). “348 , 25 U. S. C. § 396d; 30 C. F. R. Cum. Supp.”
In Re Surface Mining Reg. Litig., 456 F. Supp. 1301 (D.D.C. 1978). “See 25 U.S.C. § 396d (1976); 25 C.F.R. § 177.”
Navajo Nation v. United States, 46 Fed. Cl. 217 (Fed. Cl. 2000). “§ 396c), the promulgation of rules and regulations governing mining operations (25 U.S.C. § 396d), and the delegation by the Secretary of lease approval authority (25 U.”
Navajo Nation v. United States, 501 F.3d 1327 (Fed. Cir. 2007). “See IMLA of 1938, § 7, 25 U.S.C. § 396d (“All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and regulations promulgated by…”
Amax Land Co. v. Quarterman, Cynthia, 181 F.3d 1356 (D.C. Cir. 1999). “] ”) (leases of allotted Indian lands); 25 U.S.C. § 396d (1994) (“All operations under any oil, gas, or other mineral lease issued pursuant to the terms of sections 396a to 396g of this title or any other Act affecting restricted Indian lands shall be subject to the rules and…”
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