C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER I—ENERGY AND MINERALS › PART 213—LEASING OF RESTRICTED LANDS OF MEMBERS OF FIVE CIVILIZED TRIBES, OKLAHOMA, FOR MINING

25 C.F.R. § 213.38

Assignments and overriding royalties

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(a) Leases or any interest therein, may be assigned or transferred only with the approval of the Secretary of the Interior, and to procure such approval the assignee must be qualified to hold such lease under existing rules and regulations, and shall furnish a satisfactory bond for the faithful performance of the covenants and conditions thereof. No lease or any interest therein, or the use of such lease, shall be assigned, sublet, or transferred, directly or indirectly, by working or drilling contract, or otherwise, without the consent of the Secretary of the Interior. Assignments of leases shall be filed with the Area Director within 20 days after the date of execution.

(b) An agreement creating overriding royalties or payments out of production on oil and gas leases under this part shall be subject to the provisions of § 211.26(d) of this subchapter, or as hereafter amended.

[22 FR 10599, Dec. 24, 1957, as amended at 23 FR 9758, Dec. 18, 1958. Redesignated at 47 FR 13327, Mar. 30, 1982]
Notes of Decisions
Cited in 2 cases, 2010–2011 · leading case: Morton v. Kievit (In Re Vallecito Gas, LLC), 461 B.R. 358 (Bankr. N.D. Tex. 2011).
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Morton v. Kievit (In Re Vallecito Gas, LLC), 461 B.R. 358 (Bankr. N.D. Tex. 2011). “The federal regulation at issue in the HCB case was 25 C.F.R. § 213.38 (a), which governs the leasing of restricted lands of members of the Five Civilized Tribes for mining purposes.”
Morton v. Kievit (In Re Vallecito Gas, LLC), 440 B.R. 457 (Bankr. N.D. Tex. 2010). “The federal regulation at issue in the HCB case was 25 C.F.R. § 213.38 (a), which governs the leasing of restricted lands of members of the Five Civilized Tribes for mining purposes.”
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