C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER I—ENERGY AND MINERALS › PART 214—LEASING OF OSAGE RESERVATION LANDS, OKLAHOMA, FOR MINING, EXCEPT OIL AND GAS

25 C.F.R. § 214.7

Operation not permitted until lease approved; 160 acres maximum for single lease

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No mining or work of any nature will be permitted upon any tract of land until a lease covering such tract shall have been approved by the Secretary of the Interior and delivered to the lessee. All leases shall be made for such period as the title to the minerals remain in the Osage Tribe, which time will expire April 8, 1931, unless otherwise provided by Congress and shall be subject to cancellation or termination as specified in this part. Leases made by corporations shall be accompanied by an affidavit by the secretary or president of the company showing the authority of its officers to execute leases, bonds, and other papers. No lease shall be made covering more than 160 acres.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2017–2024 · leading case: United States v. Osage Wind, LLC, 871 F.3d 1078 (10th Cir. 2017).
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United States v. Osage Wind, LLC, 871 F.3d 1078 (10th Cir. 2017). · cites it 9× “25 C.F.R. § 214.7 . The Bureau of Indian Affairs (BIA) has defined “mining” as the “science, technique, and business of mineral development[.”
United States v. Osage Wind, LLC (N.D. Okla. 2021). “The Secretary of Interior, in turn, has promulgated regulations to govern leases of the Osage land and Mineral Estate, including 25 C.F.R. § 214.7 which states that “[n]o mining or work of any nature will be permitted upon any tract of land until a lease covering such tract…”
United States v. Osage Wind, LLC (N.D. Okla. 2021). “The Secretary of Interior, in turn, has promulgated regulations to govern leases of the Osage land and Mineral Estate, including 25 C.F.R. § 214.7 which states that “[n]o mining or work of any nature will be permitted upon any tract of land until a lease covering such tract…”
United States v. Osage Wind, LLC (N.D. Okla. 2021). “Accordingly, recitations of the general principles of equity—that do not contend with the strong federal policy in favor of vindicating Indian law claims—do not persuade the court that it must consider the United States and OMC’s past conduct to determine the propriety of…”
United States v. Osage Wind, LLC (N.D. Okla. 2023). “The appellate court held that Defendants’ extraction, sorting, and crushing of rocks that were then used as backfill for support constituted mineral development and triggered the leasing requirement of 25 C.F.R. § 214.7 . Osage Wind, 871 F.3d at 1091–92.”
United States v. Osage Wind, LLC (N.D. Okla. 2024). “Court of Appeals for the Tenth Circuit (“Tenth Circuit Court of Appeals”) reversed the district court’s order, finding that Defendants’ activities constituted mining and that a lease was required under 25 C.F.R. § 214.7 . Osage Wind I, 871 F.3d at 1093 .”
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