No person shall engage in any oil and gas activity within the Nation without first obtaining and maintaining in good standing an oil and gas Operating Permit.
What Counts as Oil and Gas Activity
JANC Title 18 – Oil and Gas defines "Oil and Gas Activity" on the Nation's lands as:
- The exploration for, development, production, treatment, processing, refining, transportation or sale of oil, natural gas, or other hydrocarbon minerals;
- The manufacture of any product using oil, natural gas, natural gas liquids, hydrocarbon products, or other hydrocarbons as a raw material or component; or
- Any activity authorized by a lease issued under the Indian Mineral Leasing Act of 1938 (25 U.S.C. §§ 396a–396g) or by contract entered into by the Nation under the Indian Mineral Development Act of 1982 (25 U.S.C. §§ 2101–2108).
Two Types of Operating Permits
Designated Operator Permit
For entities that hold a leasehold interest pursuant to the Indian Mineral Leasing Act of 1938 or are engaged in oil and gas activity under an Indian Mineral Development Act contract — or that hold a record title or operating right interest transferable only with the Legislative Council's approval (JANC Title 18, Ch. 11).
Service Vendor Operating Permit
For entities that do not constitute Designated Operators but are nonetheless engaged in oil and gas activities on the Nation.
Permit Fees
$1,000 annual fee for an Operating Permit.
A vehicle sticker is also required for each vehicle traveling on the Nation's lands (including graders, backhoes, ATVs, etc.): $20.00 each for the first 20 stickers, $10.00 each for the next 80, and $5.00 each beyond 100 stickers.
How to Apply
Download the Operating Permit Instructions and Application (PDF, 168 KB), or browse everything in the Document Library.
Questions? Contact Eugenia Otole, Operating Permit Supervisor, at eugeniaotole@jicarillaoga.com or (575) 759-3485 ext 107.
Off-Site Gas Measurement Permits
Measurement of natural gas production for purposes of calculating royalty or any applicable tax of the Nation shall take place at the wellhead unless the operator first obtains an Off-Site Gas Measurement Permit. This applies to all natural gas produced from wells within the exterior boundaries of the Nation under a 1938 IMLA lease or a 1982 IMDA minerals development agreement.
Approval Requirements
An application may be approved by the Director only if the applicant establishes all of the following:
- Off-site measurement will take place within the boundaries of the lease or minerals development agreement on which all affected wells are located;
- Estimates of reduced operating costs or other economic data show off-site measurement is likely to extend the economic life of the well and increase total recovery;
- Measurement occurs before commingling with gas subject to a different royalty rate, unless separately measured first;
- Each affected well is tested for BTU content at least once each calendar year before commingling;
- The proposed off-site measurement will not result in economic loss to the Nation.
Application Procedure
- Apply on the form approved by the Nation, with all supporting information, submitted to the OGA in triplicate; one copy is forwarded to the Revenue and Taxation Department.
- Either department may request additional information as needed.
- Action is taken within 60 days of receipt (extendable with notice); if no final action within 120 days, the application is deemed denied.
- If approved, the permit is issued by the OGA; denials may be appealed under Chapter 14 of Title 18.
Reporting Requirements
- By March 1 each year: copies of all gas analysis test results (including BTU content) for each affected well, plus any other information required by the OGA and Revenue & Taxation.
- Written notice to the OGA within 30 days of any change in well status or production affecting eligibility — including production exceeding 15 mcf per day on a monthly basis (J.A.N.C. § 18-12-2).
Off-Site Gas Measurement Application Forms
OSGM Permit Application (Form JAN-18-020)
PDF · 2.1 MB
Attachment A to OSGM Permit Application
XLSX · 13 KB