Page:United States Statutes at Large Volume 44 Part 1.djvu/732

 »§ 398 ‘ mans gs.-44 398. Leases efnnalldted  fer & and gis mining wr·· 1 o péese-Unallotted land on Indian reservations other  _   1 of the Five "Ciyilizéd Tribes and the Osage Reservation snbkct. 1 to lease tar mining pnrpom for a_  nr ten yum under the y ‘  section may be leased_at.m\h»l1c aactlen by, the Secre- `tnry of jthe Intei·io1·, with the consent ot the council spwklng q for snch. ozaaasas for   and . gas mining par  for ga period-? 1 at net to excew.—. tag years, and as; mnncht longer as oil or gas   ¤ shall be {sand in paying qnantf€es,‘and* the   ot anyexlste 2 lngeoil had gas mining leasecmay in like ·manne1·.he amended, by extending the tern: thereof for as longlas oil or gas? shall   Q fennd in   qnantltié.: Provided, >»That the production of; W the State in which   lands are located in. all respects. the · mma as production on umwtricted lands,  the Secretary ot. .1 tixe’”.Inierior is authorised _ and directed to   to be paid the 2 tax sq lawscd against the royalty interests on. saidfz lands :‘ f Promded, kewever,. Thatisuch tax shall not beconie a_ llen or = charge of any kind ° or character againa the land or the prop; 1 aerty of the Indian owner. { (May`29, '1924,.c._-210;. 43 Stat. 244..) M 398. Leases of nna1latted_.¤ineral_·lands'witlidrawn from · entry ander mining lairs.4—Ant_I;crgty af Seci·ctorya‘of—1nterior aq} ·; lease.-—Th.e Secretary} of the} Interior is authorized and -4 ‘ exawwered. iznder general`; regulations to be lined by him ·~ and under such terms and conditions as he xnay presc`ribe,_ U; not inmnsistent. with - the terms, of this 'seetion; to lease] "to- ¤ citizens of the United States or to any- association ot such · perwnsl or to any’.,corporation1 orYnized sunder the flaws of is the United States or of any=State or '1‘errit0ryithereof,".any part Z cf the unallotted lands within any Indian reservation within · qthe States ¤ot Arizona. California, Idaho,`. Montana, Newiada, F Neaa Mexico, Oregon, Washington; or Wyoming withdrawn aprior ; to Jane M; 1919,"f1¤om `entry under the mining lawsf for    l  s1»  arpose of mining for deposits of gold, silver, copper; and other · valuable nietalliferous minerals, which `leases shall be irrevo· y cable, except as herein' provided, but which · may be declared   1 nail and void ppon breach of any of their terms. _ .,   4 Location of mimgng cla»im,s.`—-Unallotted lands. or suchportion i . thereofyas the Secretary of the Interior shall determine, within Indian reservations withheld prior   June'30, 1919, from dis-. in widen nnder the mining laws may he? declared by the `Secre- · tary of the Interior to w subject to· exploration for the dis- n ccvery" ot deposits ot gold,'· silver, ·cof>pe1·,· and other valuable mctaliiferons _ minerals by. citizens of theo United States, and-` l _aQft.cr such declaration mining claims may he located by such. citizens in the same manner as mining claims are located under o 4 _ the mining laws of the United States. ., ‘ a ( ._ Preference, right of locator: ofclaims to lease of lands.-—'1‘hé° locators ot all such mining claims, or- their heirs, successors, or ` assigns, shall have a preference right to apply = to the Seem- ·‘ tary of the flnteriorfor a lwse.  the terms and conditions of this section, within one year after   date ot the location ” et any mining claim, ·-and any such locator who shall tall to a apply for   one   from the date of location · shall torteit all   such   clalxn. y ‘ ` Filing- copies of location notices.-:—=——Dupllcate· copies of the location notice shall be nlm iwithin sixty days (with the superintendent na charge of the rmryatloxl on which the c mining T claig is lowted, and `application for a lease under this » wction may be died with such superintendent for transmission, through omcial channels to the Secretary ot the interior. _ excepted from entry as ininiinp claima.——Lands containing spring. water holes, or other bodies ot water needed ’ or used by the Indians for watering livestock, jrrlgation, or ‘watc1·-power pnrpvses shall not be designated bytthe Secretary of the Interior as subject to entry under this section. -I o  of lease ; reneu;al.—Leases.nnder;tl1ls section shall be for a period of twenty years- with- the preferential right ln the §·
 * all and _¤s and other minerals on such lands inay taxed by ·1

mutans E — 718 l% to renews the same for sacemve perio& of years upon  terms am   as may be pre- on  hy   6f._U1% I¤t¤1’i¢!’. are- " · vided by law atythe time of the  et Bnchalperlods, _ Relinqtaklmwnt of riékta · bv.fl¢uw.--*The   fmny, l ia the dlscretionof the   of the Infefker. hég at any time to make written Q   Lof all rights nn®r such a lease and upon acceptance,   be thereby relieved oi all {attire obligations under mid   I K   ~ [Lease of ‘ad¢¢€‘Q7¥§¥   for comp   and o¢i£or‘p@aee In addition_to`Il‘€¤ o£·¤1i¤€raliland to he   in  under this  the   of     in his diseree tion} may jjrant to the     iw! to MQ   the lite ottllea lease, subject-ftoithe mmm of in     of not leas·tl1an.$1 peracre, atract éf ¤n0ccnpiéd·l&nd,g not exceeding torty acres in area,. for camp aitw, milling,  e lting, and yrenalng works; andlfor other purpow’     and necessary to the pr0per_dev_elopment and   of the dwlts covered by"the_lease."_-     _   .` . `. _ _ ifkeservatfon of eairfoce -of_ leaked lend to Uriitcl `Stezteg; €aaementa}¥-¢°1‘he Secretary of the llnbetior, inf hisdlscreteion, in `niaklnghny lease under·this sectio¤, IRQ! rmrve to Zthe United States `athe right to lease for a term not exceeding that of t,ll€.lDiI1¢I‘dl lease, the surface o£·`the‘1a¤da‘emhtaced within such lease; under existing law} or laws; herafter enacted, in so {ar as said surface is not necessary for  of the lessee in estracting and »removing the deposits _ therein: Provided, That the said Secretary, during the 'lifej of the lease, is hereby authorized- to issue such permitsfor easements herein provided tohereserved.- l ·· .'~ , ——, A  Right: .-and duties of sncioecsora to ·lea,seea.-y-—Anyn auc r in interest or assignee éof any lease granted under thisosection, whether `lgy·voluntary— transfer; judicial sale, foreclosure sale, _ 0r'otherwise,,— shall .-be- subject to all the conditions of; the leaw " under which suchbrights care held and also snbject to all the ( provisions and conditions of this section to the nam extent aa through such succeséor or assign were tnep original lessee hereunder.  . ‘ ’ { V Q   ‘ aldorfeitnne of Icaaea;.notice.—.*lny lease granted under this section may `be forfeited and canceled by appropriate proceedlngs in the `United States district court for the district in which saidproperty or some part thereof is situated whenever the lessee,. after reasonable notice ln fwrlting, as prescribed in ' the lease, shall tall toY comply with the terms of this section or with such conditions not inconsiatent herewith as may -be K speclncally recited in the lease. ·` ’ Royalties payable by lcaseca-=4—E?or the privilege _ ot mining _ or extracting the mineral deposits in the ground covered by the lease the lessee shall my _ to the United Statm, for the beneiltof the Indians, a. royalty which shall not he less than 5 per centnm of the net value' ofithe output of the minerals at the mine, due és! myable at the end` of ack month succeeding that of the extraction of the minerals from the mine. and anQ annual hrental, payable at the date of such  and annually thereafter on the area covered by auch lease, at the rate ot not less than 25 cents per acre for the Brat calendar year thereafter; not less than 50 cents per acre fer the second, _ thivdqelonrth, and llfth years, respectively; and not less than ·"" $1 per acre foreach and every year thereafter during the con-. ` tlnuance ot the lease, except that such rental for any year shall be credited against the royalties as they accrue for that year. _ », . ° » ~ Development work by locator: or lessees; damage to lonely-; In addition to the payment of the royalties and rentals as herein provided the lessee shall expend annually not less than $100 in development work for each mining claim located or leased in the same manner as an annual expenditure for labor or improvements is required to be made under the mlnlnx: laws