The proceeds from rentals, royalties, or bonuses of oil and gas leases upon lands within Executive order Indian reservations or withdrawals shall be deposited in the Treasury of the United States to the credit of the tribe of Indians for whose benefit the reservation or withdrawal was created or who are using and occupying the land, and shall draw interest at the rate of 4 per centum per annum and be available for appropriation by Congress for expenses in connection with the supervision of the development and operation of the oil and gas industry and for the use and benefit of such Indians: Provided, That said Indians, or their tribal council, shall be consulted in regard to the expenditure of such money, but no per capita payment shall be made except by Act of Congress.
Notes of Decisions
Merrion v. Jicarilla Apache Tribe (1982)
scotus
“(part 2) 1347, current version at 25 U. S. C. § 398b. Section 3 of the Act provided: “[Tjaxes may be levied and collected by the State or local authority upon improvements, output of mines or oil and gas wells or other rights, property, or assets of any lessee upon lands within…”
Ollestead v. Native Village of Tyonek (1977)
alaska · cites it 2×
“Per capita payments are, however, expressly forbidden by 25 U.S.C. § 398b. 25 U.S.C. § 163 authorizes the Secretary of the Interior, in his discretion, to prepare a final roll of the Tyonek tribe, which, when approved by him, constitutes the legal membership of the tribe for the…”
Merrion v. Jicarilla Apache Tribe (1980)
ca10
“1347 , which also settled then unresolved questions concerning the status of Indian mineral rights in executive order reservation lands and granted to the Indians all the royalty, rental and bonus income from oil and gas leases on their reservations.”
Marie Cleghorn Fondahn v. Native Village of Tyonek, Etc. (1971)
ca9
“Per capita payments are, however, expressly forbidden by 25 U.S. C. § 398b. 2 25 U.S.C. § 163 3 authorizes the Secretary of the Interior, in his discretion, to prepare a final roll of the Tyonek tribe, which, when approved by him, constir tutes the legal membership of the tribe…”
Karuk Tribe v. Ammon (2000)
cafc
“was created or who are using and occupying the land 25 U.S.C. § 398b (1994). Plaintiffs argue that the three-year legislative history of the 1927 Act evinces a change from a sharing of a part of the royalties with state governments to one of allocating all royalties to a trust…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.