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U.S. Code as of:
01/19/04
Section 398. Leases of unallotted lands for oil and gas mining purposes
Unallotted land on Indian reservations other than lands of the
Five Civilized Tribes and the Osage Reservation subject to lease
for mining purposes for a period of ten years under section 397 of
this title may be leased at public auction by the Secretary of the
Interior, with the consent of the council speaking for such
Indians, for oil and gas mining purposes for a period of not to
exceed ten years, and as much longer as oil or gas shall be found
in paying quantities, and the terms of any existing oil and gas
mining lease may in like manner be amended by extending the term
thereof for as long as oil or gas shall be found in paying
quantities: Provided, That the production of oil and gas and other
minerals on such lands may be taxed by the State in which said
lands are located in all respects the same as production on
unrestricted lands, and the Secretary of the Interior is authorized
and directed to cause to be paid the tax so assessed against the
royalty interests on said lands: Provided, however, That such tax
shall not become a lien or charge of any kind or character against
the land or the property of the Indian owner.
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