25 C.F.R. § 226.18

Information to be given surface owners prior to commencement of drilling operations

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Except for the surveying and staking of a well, no operations of any kind shall commence until the lessee or his/her authorized representative shall meet with the surface owner or his/her representative, if a resident of and present in Osage County, Oklahoma. Unless waived by the Superintendent or otherwise agreed to between the lessee and surface owner, such meeting shall be held at least 10 days prior to the commencement or any operations, except for the surveying and staking of the well. At such meeting lessee or his/her authorized representative shall comply with the following requirements:

(a) Indicate the location of the well or wells to be drilled.

(b) Arrange for route of ingress and egress. Upon failure to agree on route ingress and egress, said route shall be set by the Superintendent.

(c) Impart to said surface owners the name and address of the party or representative upon whom the surface owner shall serve any claim for damages which he may sustain from mineral development or operations, and as to the procedure for settlement thereof as provided in § 226.21.

(d) Where the drilling is to be on restricted land, lessee or his authorized representative in the manner provided above shall meet with the Superintendent.

(e) When the surface owner or his/her representative is not a resident of, or is not physically present in, Osage County, Oklahoma, or cannot be contacted at the last known address, the Superintendent may authorize lessee to proceed with operations.

Notes of Decisions

Cited in 2 cases, 2017–2018 · leading case: Donelson v. United States (10th Cir. 2018).

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Donelson v. United States (10th Cir. 2018). “Plaintiffs allege that the BIA was ordered to produce an environmental assessment (“EA”) for the Osage County oil and gas leasing program by a federal court in 1977.”

Chance v. Zinke, 263 F. Supp. 3d 1178 (N.D. Okla. 2017). “25 C.F.R. § 226.18 . Lessees are also required to pay a commencement fee to the surface owner for each well, prior to the well being drilled.”

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