Payments include rentals, royalties, or any other financial
obligation owed under the terms of a lease, permit, or any other
agreement.
1. As a matter of
convenience, the agency allows parties other than the obligee to remit payments
on the obligee's behalf; however, this practice in no way relieves the obligee
of any statutory or contractual obligations concerning the proper and timely
payments or the proper and timely filing of reports. For practical reasons, the
agency often makes direct requests for reports and other records from parties
other than the obligees. Payors should be aware that their actions subject
leases to cancellation or subject delinquent royalties to interest charges. It
is, therefore, in the best interest of each party to cooperate in responsibly
discharging their obligations to each other and to the Trust Lands
Administration.
2. The obligee
bears final responsibility for payments. Payments must be for the full amount
owed. Partial payments will only be accepted if approved in writing by the
agency before submission. To fulfill payment obligations of a lease, permit, or
other financial contract with the agency, payments must be received as defined
in Subsection
R850-5-200(3) of this rule by the appropriate due dates and must
be accompanied by the appropriate report. If the obligee submits payment by
electronic fund transfer then appropriate supporting documentation must be
submitted by electronic data transfer on the same day.
3. Payments will be considered received if
sent by electronic fund transfer, delivered to the agency, or if the postmark
stamped on the envelope is dated on or before the due date. If the post office
cancellation mark is illegible, erroneous, or omitted, the payment will be
considered timely if the sender can establish by competent evidence that the
payment was deposited in the United States mail on or before the date for
filing or paying. If the due date or cancellation date falls upon a Saturday,
Sunday, or legal holiday, the payment shall be considered timely if received as
defined in Section
R850-5-200 by the next business day.
4. A $30 return- check charge or the actual
charge levied by the bank, whichever is greater, will be assessed on any checks
returned by the bank. The check must be replaced by cash, certified funds, or
immediately available funds. The Director may require future payments with
certified funds when notified in writing. If replacement funds are received
after the required due date, Subsection
R850-5-200(6) will be
applied.
5. Any financial
obligation not received by its contractual due date will initiate a written
cancellation notice by certified mail, return receipt requested. The
cancellation date for any lease, permit, or other contractual agreement unless
otherwise specified by the contract, is defined as 30 days after the postmark
date stamped on the U.S. Postal Service Receipt for Certified Mail of the
cancellation notice. In the event payment is not received by the agency on or
before the cancellation date, the lease, permit, or other contractual agreement
will be subject to cancellation, forfeiture, or termination without further
notice.
A default in the payment of any installment of principal or
interest due under the terms of any land purchase agreement not received by the
agency more than 30 days after the due date shall initiate a certified billing,
return receipt requested. If any sums then due and payable are not received
within 30 days after the mailing of the U.S. Postal Service certified notice,
the agency may elect any of the remedies as outlined in Subsection
R850-80-500(8).
If the cancellation date falls on a weekend or holiday, payment will be
accepted the next business day until 5 p.m.
6. A late penalty of 6% or $30, whichever is
greater, shall be charged after failure to pay any financial obligation,
excluding royalties as provided in Subsection
R850-5-300(2),
within the time limit under which such payment is due.
7. Subject to Section
R850-4-300, rental
payments received after the due date which do not include a late fee may be
returned to the lessee by certified mail, return receipt requested. Payment may
only be accepted for the full amount due.
