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U.S. Code as of:
01/19/04
Section 396. Leases of allotted lands for mining purposes
All lands allotted to Indians in severalty, except allotments
made to members of the Five Civilized Tribes and Osage Indians in
Oklahoma, may by said allottee be leased for mining purposes for
any term of years as may be deemed advisable by the Secretary of
the Interior; and the Secretary of the Interior is authorized to
perform any and all acts and make such rules and regulations as may
be necessary for the purpose of carrying the provisions of this
section into full force and effect: Provided, That if the said
allottee is deceased and the heirs to or devisees of any interest
in the allotment have not been determined, or, if determined, some
or all of them cannot be located, the Secretary of the Interior may
offer for sale leases for mining purposes to the highest
responsible qualified bidder, at public auction, or on sealed bids,
after notice and advertisement, upon such terms and conditions as
the Secretary of the Interior may prescribe. The Secretary of the
Interior shall have the right to reject all bids whenever in his
judgment the interests of the Indians will be served by so doing,
and to readvertise such lease for sale.
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