1. (a) Royalty on production will be payable only on the mineral interest owned by the United States. Royalty must be paid in the amount or value of the production removed or sold as follows:

   1. (1) The royalty rate prescribed in the lease will be not less than 12.5 percent.
   2. (2) A minimum royalty rate of 12.5 percent on all leases issued under subpart 3109 of this part;
   3. (3) For all non-competitive leases, a royalty rate of 12.5 percent.
   4. (4) For reinstated leases, the rate used for royalty determination that applies to new leases at the time of the reinstatement plus 4 percentage points, plus an additional 2 percentage points for each succeeding reinstatement. In no cases will the royalty rate on the reinstated lease be less than 16.67 percent.
2. (b) Leases that qualify under specific provisions of the Act of August 8, 1946 (30 U.S.C. 226c) may apply for a limitation of a 12 1/2 percent royalty rate.
3. (c) The average production per well per day for oil and gas will be determined pursuant to 43 CFR 3162.7-4.
4. (d) Payment of a royalty on the helium component of gas will not convey the right to extract the helium from the gas stream. Applications for the right to extract helium from the gas stream will be made under 43 CFR part 16.

[89 FR 30966, Apr. 23, 2024, as amended at 91 FR 23020, Apr. 29, 2026; 91 FR 29920, May 21, 2026]