C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER I—ENERGY AND MINERALS › PART 211—LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT › Subpart B—How To Acquire Leases

25 C.F.R. § 211.22

Leases for subsurface storage of oil or gas

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(a) The Secretary, with the consent of the Indian mineral owners, may approve storage leases, or modifications, amendments, or extensions of existing leases, on Indian lands to provide for the subsurface storage of oil or gas, irrespective of the lands from which production is initially obtained. The storage lease, or modification, amendment, or extension to an existing lease, shall provide for the payment of such storage fee or rental on such oil or gas as may be determined adequate in each case, or, in lieu thereof, for a royalty other than that prescribed in the oil and gas lease when such stored oil and gas is produced in conjunction with oil or gas not previously produced.

(b) The Secretary, with consent of the Indian mineral owners, may approve a provision in an oil and gas lease under which storage of oil and gas is authorized, for continuance of the lease at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.

(c) Applications for subsurface storage of oil or gas shall be filed in triplicate with the authorized officer and shall disclose the ownership of the lands involved, the parties in interest, the storage fee, rental, or royalty offered to be paid for such storage, and all essential information showing the necessity for such project. Enough copies of the final agreement signed by the Indian mineral owners and other parties in interest shall be submitted for the approval of the Secretary to permit retention of five copies by the Department after approval.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Shoshone Indian Tribe of Wind River Reservation, Wyoming v. United States, 56 Fed. Cl. 639 (Fed. Cl. 2003).
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Shoshone Indian Tribe of Wind River Reservation, Wyoming v. United States, 56 Fed. Cl. 639 (Fed. Cl. 2003). “See 25 C.F.R. §§ 211.22 , 211.27 (1988); accord 25 C.”
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