25 C.F.R. § 226.1

Definitions

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As used in this part 226, terms shall have the meanings set forth in this section.

(a) Secretary means the Secretary of the Interior or his authorized representative acting under delegated authority.

(b) Osage Tribal Council means the duly elected governing body of the Osage Nation or Tribe of Indians of Oklahoma vested with authority to lease or take other actions on oil and gas mining pertaining to the Osage Mineral Estate.

(c) Superintendent means the Superintendent of the Osage Agency, Pawhuska, Oklahoma, or his authorized representative acting under delegated authority.

(d) Oil lessee means any person, firm, or corporation to whom an oil mining lease is made under the regulations in this part.

(e) Gas lessee means any person, firm, or corporation to whom a gas mining lease is made under the regulations in this part.

(f) Oil and gas lessee means any person, firm, or corporation to whom an oil and gas mining lease is made under the regulations in this part.

(g) Primary term means the basic period of time for which a lease is issued during which the lease contract may be kept in force by payment of rentals.

(h) Major purchaser means any one of the minimum number of purchasers taking 95 percent of the oil in Osage County, Oklahoma. Any oil purchased by a purchaser from itself, its subsidiaries, partnerships, associations, or other corporations in which it has a financial or management interest shall be excluded from the determination of a major purchaser.

(i) Casinghead gas means gas produced from an oil well as a consequence of oil production from the same formation.

(j) Natural gas means any fluid, either combustible or noncombustible, recovered at the surface in the gaseous phase and/or hydrocarbons recovered at the surface as liquids which are the result of condensation caused by reduction of pressure and temperature of hydrocarbons originally existing in a reservoir in the gaseous phase.

(k) Authorized representative of an oil lessee, gas lessee, or oil and gas lessee means any person, group, or groups of persons, partnership, association, company, corporation, organization or agent employed by or contracted with a lessee or any subcontractor to conduct oil and gas operations or provide facilities to market oil and gas.

(l) Oil well means any well which produces one (1) barrel or more of crude petroleum oil for each 15,000 standard cubic feet of natural gas.

(m) Gas well means any well which:

(1) Produces natural gas not associated with crude petroleum oil at the time of production or

(2) Produces more than 15,000 standard cubic feet of natural gas to each barrel of crude petroleum oil from the same producing formation.

Notes of Decisions

Cited in 3 cases, 2006–2018 · leading case: Osage Tribe of Indians v. United States, 72 Fed. Cl. 629 (Fed. Cl. 2006).

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Osage Tribe of Indians v. United States, 72 Fed. Cl. 629 (Fed. Cl. 2006). · cites it 5× “See 25 C.F.R. §§ 226.1 (h), 226.11(a)(2) (1991).”

Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018). “The Osage Agency exercises significant oversight over these leases. Among other responsibilities, it must approve all new oil leases, id.”

Rennie v. T & L Oil Inc., 540 F. Supp. 2d 1198 (N.D. Okla. 2007). “”); 25 C.F.R. § 226.1 et seq. (setting forth the BIA regulations pertaining to the leasing of Osage reservation lands for oil and gas mining).”

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