25 C.F.R. § 211.43

Royalty rates for minerals other than oil and gas

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(a) Except as provided in paragraph (b) of this section, the minimum rates for leases of minerals other than oil and gas shall be as follows:

(1) For substances other than coal, the royalty rate shall be 10 percent of the value of production produced and sold from the lease at the nearest shipping point.

(2) For coal to be strip or open pit mined the royalty rate shall be 12 1/2 percent of the value of production produced and sold from the lease, and for coal removed from an underground mine, the royalty rate shall be 8 percent of the value of production produced and sold from the lease.

(3) For geothermal resources, the royalty rate shall be 10 percent of the amount or value of steam, or any other form of heat or energy derived from production of geothermal resources under the lease and sold or utilized by the lessee. In addition, the royalty rate shall be 5 percent of the value of any byproduct derived from production of geothermal resources under the lease and sold or utilized or reasonably susceptible of sale or utilization by the lessee, except that the royalty for any mineral byproduct shall be governed by the appropriate paragraph of this section.

(b) A lower royalty rate shall be allowed if it is determined to be in the best interest of the Indian mineral owner. Approval of a lower rate may only be granted by the area director if the approving official is the superintendent or by the Assistant Secretary for Indian Affairs, if the approving official is the area director.

Notes of Decisions

Cited in 3 cases, 2001–2003 · leading case: United States v. Navajo Nation, 537 U.S. 488 (2003).

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United States v. Navajo Nation, 537 U.S. 488 (2003). · cites it 4× “35658 (1996); 25 CFR § 211.43 (a)(2) (1997). The amended regulations further state, however, that "[a] lower royalty rate shall be allowed if it is determined to be in the best interest of the Indian mineral owner.”

Navajo Nation v. United States, 263 F.3d 1325 (Fed. Cir. 2001). “Section 207(a), which applies to federal land in general, did not apply to leases of Indian land until 1996, when 25 C.F.R. § 211.43 (a)(2) was promulgated.”

Shoshone Indian Tribe of the Wind River Reservation v. United States, 52 Fed. Cl. 614 (Fed. Cl. 2002). “[under] 25 C.F.R. § 211.43 (a) (formerly at 25 C.”

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