North Dakota Federal And Indian Communitization Agreement
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NORTH DAKOTA
FEDERAL AND INDIAN
COMMUNITIZATION AGREEMENT
Contract No.
THIS AGREEMENT, entered into as of the date shown in Section 10 hereof by and
between the parties subscribing, ratifying, or consenting hereto, such Parties being hereinafter
referred to as "parties hereto."
W I T N E S S E T H:
WHEREAS, the Act of February 25, 1920 (41 Stat. 437), as amended and supplemented,
authorizes communitization or drilling agreements communitizing or pooling a Federal oil and gas
lease, or any portion thereof, with other lands, whether or not owned by the United States, when
separate tracts under such Federal lease cannot be independently developed and operated in
conformity with an established well-spacing program for the field or area and such
communitization or pooling is determined to be in the public interest; and
WHEREAS, the Act of March 3, 1909, (35 Stat. 783), as amended by the Act of August 9,
1955, (69 Stat. 540) and the Act of May 11, 1938, (52 Stat. 347 as amended, 25 USC 396a-g), Indian
Mineral Development Act of 1982, (25 USC 2101-2108), require that all operations under oil and
gas leases on tribal and/or allotted Indian lands shall be subject to the rules and regulations of the
Secretary of the Interior, and the regulations issued pursuant to said statutes provide that in exercise
of his judgment, the Secretary of the Interior may take into consideration among other things, the
Federal laws, State laws, regulations by competent Federal or State authorities, or lawful agreements
among operators regulating either drilling or production or both (25 CFR Secs. 211.28, 212.28); and
WHEREAS, it is deemed necessary in the interest of conservation of natural resources and
in the interest of tribal and/or allotted lessors to communitize or pool lands covered by an Indian oil
and gas lease, or any portion thereof, with other lands, whether or not included in another Indian
lease, when separate tracts under such Indian lease cannot be independently developed and
operated in conformity with an established well-spacing program or pattern for the field or area;
and
WHEREAS, the parties hereto own working, royalty or other leasehold interests, or
operating rights under the oil and gas leases and lands subject to this Agreement which cannot be
independently developed and operated in conformity with the well-spacing program established
for the field or area in which said lands are located; and
WHEREAS, the parties hereto desire to communitize and pool their respective mineral
interests in lands subject to this Agreement for the purpose of developing and producing
communitized substances in accordance with the terms and conditions of this Agreement:
ND FED & INDIAN CA
revised 10/6/2014
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