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U.S. Code as of:
01/19/04
Section 396b. Public auction of oil and gas leases; requirements
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. 476, 477], 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. 461 et
seq.].
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