25 U.S.C. § 398a
Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations
Unallotted lands within the limits of any reservation or withdrawal created by Executive order for Indian purposes or for the use or occupancy of any Indians or tribe may be leased for oil and gas mining purposes in accordance with the provisions contained in section 398 of this title.
Notes of Decisions
Cited in 8
cases, 1956–2011 · leading case: Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163 (1989).
Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163 (1989). “(part 2) 1347, 25 U. S. C. § 398a (1927 Act). While both the 1891 and 1927 Acts were in effect, Gillespie was the prevailing law and, under its expansive view of inter-governmental tax immunity, States were powerless to impose severance taxes on oil produced on Indian…”
Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982). “(part 2) 1347, current version at 25 U. S. C. § 398a. Section 1 of the Act provided: “[Unallotted lands within the limits of any .”
Ute Mountain Ute Tribe v. Rodriguez, 660 F.3d 1177 (10th Cir. 2011). “1347 (codified at 25 U.S.C. § 398a), which also waived immunity from state taxation of oil and gas lessees operating on those reservations.”
Blackfeet Tribe of Indians v. State of Montana, Dir. of the Montana Dep't of Revenue, Glacier Cnty., Montana, & Pondera Cnty., Montana, 729 F.2d 1192 (9th Cir. 1984). “1347 (codified at 25 U.S.C. § 398a (1976). See generally United States Department of the Interior, Federal Indi *1195 an Law 115-127 (1958); F.”
Merrion v. Jicarilla Apache Tribe, 617 F.2d 537 (10th Cir. 1980). “1347 (codified at 25 U.S.C. § 398a), it provided that the same rules apply as for leasing oil and gas interests on other types of reservations.”
Mrs. Louise A. Pease v. Stewart L. Udall, Sec'y of the Interior, 332 F.2d 62 (9th Cir. 1964). “The District Court upheld the rejection of appellant’s application on the ground that the land was subject to leasing not under the Mineral Leasing Act, but under the Act of March 3, 1927, 25 U.S.C. § 398a. This Act has application to unallotted lands within the limits of any…”
Allen v. Merrell, 305 P.2d 490 (Utah 1956). “1347 , 25 U.S.C.A. § 398a et seq. 13 . Cherokee Nation v.”
Ute Mountain Ute Tribe v. Homans, 775 F. Supp. 2d 1259 (D.N.M. 2009). “Congress resolved the ambiguity with the Indian Oil Act of 1927, which provided express authority for leases on executive reservations and state taxation of oil and gas revenues generated under those leases.”
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