25 C.F.R. § 226.13

Time of royalty payments and reports

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(a) Royalty payments due may be paid by either purchaser or Lessee. Unless otherwise provided by the Osage Tribal Council and approved by the Superintendent, all payments shall be due by the 25th day of each month and shall cover the sales of the preceding month. Failure to make such payments shall subject Lessee or purchaser, whoever is responsible for royalty payment, to a late charge at the rate of not less than 11/2 percent for each month or fraction thereof until paid. The Osage Tribal Council, subject to the approval of the Superintendent, may waive the late charges.

(b) Lessee shall furnish certified monthly reports by the 25th of each following month covering all operations, whether there has been production or not, indicating therein the total amount of oil, natural gas, casinghead gas, and other products subject to royalty payment.

(c) Failure to remit payments or reports shall subject Lessee to further penalties as provided in §§ 226.42 and 226.43 and shall subject the division order to cancellation.

Notes of Decisions

Cited in 2 cases, 2006–2011 · 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. §§ 226.13 , 226.42. The regulations provide that “[rjoyalty payments due may be paid by either purchaser or Lessee----Failure to make such payments shall subject Lessee or purchaser, whoever is responsible for royalty payment, to a late charge at the rate of not…”

Jicarilla Apache Nation v. United States, 100 Fed. Cl. 726 (Fed. Cl. 2011). “But, Osage Tribe did not rely on the investments' statutes at issue here, but rather upon a different set of provisions dealing with deposits to trust funds, specifically those found in the Act of June 28, 1906, 34 Stat.”

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