47.02.060 Records Retention and Limitations on Actions

(a) Each lessee, operator or other person subject to this Code shall make and retain accurate and complete records necessary to demonstrate that tax payments due under this Code have been made in compliance with this Code or regulations promulgated pursuant to this Code. Such records shall include information regarding: severance and production, transportation, treating, processing, and marketing of substances described in Section 47.02.010.

(b) Lessees, operators or other persons required to keep records under this section shall maintain and preserve them for six (6) years from the last day of the month in which a severance of a substance described in Section 47.02.010 takes place. Notwithstanding the foregoing, when an audit or review by an authorized representative of the Tribe of a taxpayer's compliance under this Code is pending. all existing records of the taxpayer and persons severing minerals on his behalf or persons having paid taxes on the taxpayer's behalf shall be maintained by the record holder until released in writing by the authorized representative of the Tribe from the obligation to maintain such records.

(c) No action by the Tribe with respect to compliance with this Code shall be brought against any taxpayer unless commenced within six (6) years from the date that the Tribe knows or should have known that the cause of action has accrued. In the event that non-compliance with this Code could be reasonably ascertained only upon completion of an audit, and in the event that such an audit has not been commenced or completed within the six (6) year limitations period, then nothing herein contained is intended to preclude the Tribe from asserting lack of knowledge for purposes of establishing the date of accrual of a cause of action.

(d) No action by a taxpayer against the Tribe contesting the lawfulness of the Code or its application shall be brought against the Tribe unless commenced within two (2) years from the date that the Taxpayer knows or should have known that a cause of action has accrued.