N.Y. Indian Law 84 – Leases for the extraction of minerals, oil or natural gas
§ 84. Leases for the extraction of minerals, oil or natural gas. The council of the Tonawanda nation, with the approval of the attorney for the nation, may by lease give the right to explore land located upon the Tonawanda reservation and extract minerals, oil or natural gas therefrom by means other than those commonly known as surface, open pit, or strip mining. No lease shall be for a term in excess of twenty years. The council of the nation shall use the rents from any such lease for the common benefit of the nation as determined by the council, provided however, that any Indian residing on the Tonawanda reservation, who is deprived of substantial use or enjoyment of his allotted land because of mining operations conducted under any such lease, shall receive from the proceeds of the lease fair and equitable compensation for his loss.
Terms Used In N.Y. Indian Law 84
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC