Links to Law Resources
Thomas Law Resources
United States Code
- 25 USC – Indians (This link also includes a downloadable zip file with the complete code searchable when opened for quick locating of various statutes)
- 25 USC 415 (Updated to include HEARTH Act of 2012)
Code of Federal Regulations
- 25 CFR 84 – Encumbrances of Tribal Land, Contract Approvals
- 25 CFR 150 – Land Records and Title Documents
- 25 CFR 151 – Land Acquisitions
- 25 CFR 152 – Issuances of Patents in Fee, Certificates of Compententcy, Removal of Restrictions, and Sale of Certain Indian Lands
- 25 CFR 162 – Leases and Permits: These regulations were updated January 7, 2013, to reflect the final publication of revised regulations. Effective: January 4, 2013. See here.
- 25 CFR 166 – Grazing Permits (Trespassing 166.800)
- 25 CFR 169 – Rights-of-Ways Over Indian Lands
- 25 CFR 211 – Leasing of Tribal Lands for Mineral Development
- 25 CFR 212 – Leasing of Allotted Lands for Mineral Development
Bureau of Indian Affairs Real Estate Services Handbooks
- General Leasing Regulations for Part 162 (Regulations generally used in each leasing handbook)
- Agricultural Leasing Handbook
- Residential Leasing Handbook
- Business Leasing & Permitting Handbook
- Fluids and Minerals Handbook 07122012 (Oil and Gas)
- Rights-of-Way Handbook
- Fee to Trust Handbook
Other Bureau of Indian Affairs Documents
Oil & Gas Resources
- Oil & Gas Terminology
- O&G Mineral Owner Consent Requirements:
- 25 USC Chapter 12 – Lease, Sale or Surrender of Allotted or Unallotted Lands
- 25 USC § 396 – Sec. 396. Leases of allotted lands for mining purposes
- U_S_v_Labbitt, 334 F.Supp. 665 (1971)
- Fort Berthold Oil & Gas Staffing/Funding Plan 2008
- Obstacles to Oil and Gas Development on the Fort Berthold Indian Reservation
- Osage Indian Oil & Gas History
838 F.2d 1055: The Blackfeet Indian Tribe, Plaintiff-appellant, v. the Montana Power Company, a Montana Corporation; Theunited States of America; and Donald P. Hodel,secretary of the Interior, Defendants-appellees
- Jicarilla Apache Tribe, Plaintiff, Appellant, v. U.S. Department of the Interior, Appellee – RE: computation of royalty, development and antitrust claims.
- Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163 (1989) RE: Oil & Gas Severance Taxation – The fact that the 1938 Act’s statutory predecessor expressly waived immunity from state taxation of oil and gas lessees on reservations demonstrates that there is no history of tribal independence from such taxation, while the 1938 Act’s omission of that waiver simply reflects congressional recognition that this Court’s intervening decisions had repudiated the pre-existing doctrine of intergovernmental tax immunity, under which such state taxation was barred absent express congressional authorization. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, and Ramah Navajo School Bd., Inc. v. Bureau of Revenue of New Mexico,
458 U.S. 832, are distinguished on the ground that, here, the State provides substantial services to the Tribe and Cotton that justify the tax; the tax imposes no economic burden on the Tribe; and federal and tribal regulation is not exclusive, since the State regulates the spacing and mechanical integrity of on-reservation wells.
- Montana v. Blackfeet Tribe of Indians, 471 U.S. 759 (1985) This case presents the question whether the State of Montana may tax the Blackfeet Tribe’s royalty interests under oil and gas leases issued to non- Indian lessees pursuant to the Indian Mineral Leasing Act of 1938, ch. 198, 52 Stat. 347, 25 U.S.C. §396a et seq. (1938 Act).
- The Oil & Gas Lease – Synopsis of Indian mineral leasing theories and concepts.
Articles or Papers on Issues
Leasing, Law and Land Tenure: Measuring the Impact of the Long-Term Leasing Act of 1955 on Indian Land Holdings by Dustin Frye, University of Colorado, Boulder, December 11, 2012 (Article about 25 U.S.C. 415)
Canons Rules of Law Construction
Native American Rights Fund – National Indian Law Library
Kappler’s Indian Law (Treaties, laws, etc.)
Administrative Procedures Act Cases
United States Court of Federal Claims. – Grace M. GOODEAGLE, Thomas Charles Bear, Edwina Faye Busby, Phyllis Romick Kerrick, Jean Ann Lambert, Florence Whitecrow Mathews, Ardina Revard Moore, Tamara Anne Romick Parker, and Fran Wood, individually and on behalf of similarly situated Members of the Quapaw Tribe of Oklahoma (O–Gah–Pah), Plaintiffs, v. The UNITED STATES, Defendant. No. 11–582 L. June 12, 2012.
DAVID M. EVANS, an individual; RON PICKENS, an individual, d/b/a P & D CONSTRUCTION, an Idaho sole proprietorship; SAGE BUILDERS, an Idaho limited liability partnership;Plaintiffs v. SHOSHONE-BANNOCK LAND USE POLICY COMMISSION
–Merrion v. Jicarilla Apache Tribe, (Taxation Case)
–Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163 (1989) 490 U.S. 163 (Taxation Case)