25 U.S.C. § 396A
Section 396a · Leases of unallotted lands for mining purposes; duration of leases
Amended 1 time on record
Applied in 63 court decisions — leading case Merrion v. Jicarilla Apache Tribe (1982)
Most recently applied in Rosebud Sioux Tribe v. United States (August 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepted from the provisions of sections 396a to 396g of this title, may, with the approval of the Secretary of the Interior, be leased for mining purposes, by authority of the tribal council or other authorized spokesmen for such Indians, for terms not to exceed ten years and as long thereafter as minerals are produced in paying quantities.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Repeal of Inconsistent Acts
Section 7 of act May 11, 1938, provided that: “All Act [Acts] or parts of Acts inconsistent herewith are hereby repealed.”
Cross References
Wind River Indian Reservation, administration and leasing of minerals, see note set out under section 611 of this title.