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 C—Rents, Royalties, Cancellations and Appeals

25 C.F.R. § 211.40

Manner of payments

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Unless otherwise specifically provided for in a lease, once production has been established, all payments shall be made to the MMS or such other party as may be designated, and shall be made at such time as provided in 30 CFR chapter II, subchapters A and C. Prior to production, all bonus and rental payments, shall be made to the superintendent or area director.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2003–2022 · leading case: Shoshone Indian Tribe of the Wind River Reservation v. United States, 364 F.3d 1339 (Fed. Cir. 2004).
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Shoshone Indian Tribe of the Wind River Reservation v. United States, 364 F.3d 1339 (Fed. Cir. 2004). · cites it 5× “Pursuant to 25 C.F.R. § 211.40 and related regulations in 30 C.”
Kennard v. Comstock Resources, Inc., 363 F.3d 1039 (10th Cir. 2004). “” 25 C.F.R. § 211.40 . Indian lessees like Comstock must report to the MMS the amount of royalties due when they submit their royalty payments.”
Navajo Nation v. United States, 347 F.3d 1327 (Fed. Cir. 2003). “and 25 C.F.R. § 211.40 (applying 30 C.F.R. Chapter II, Sub- *1335 chapters A and C); and the Indian lands section of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.”
Birdbear v. United States, No. 16-75 (Fed. Cl. Sept. 16, 2022). “40 (cross-referencing 25 C.F.R. § 211.40 ). The Secretary has the power to inspect the leased premises and the books and records of the lessee.”
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