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Case 1:99-cv-00550-ECH

Document 309-8

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Exact Copy of Original Lease.
WHEAS, It is known that other Indian Nations have for many years and do now receive a
very considerable revenue from the 'development of substances of commercial value found on their

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reservations, and WHEAS, It is believed by the Osage people that the reservation held by them in common is rich in similar commodities, which it is their desire to develop, and WHEEAS, One Edwin B. Foster, of New York City, N. Y., has made application to the Osage
National Council for the privilege of prospecting and boring for Petroleum and Natural Gas upon the

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Osage reservation, and proposes to enter into a contract for that purpose upon terms that wil not be detrimenta to the agricultural interests of the country and which would increase the revenue
and enhance the value of our common property should such prospecting result in the discovery of

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the said Petroleum or Natural Gas, now, therefore,
Be it enacted by the Osage National Council assembled at their Council House at Pawhuska,
Oklahoma, this 14th day

01 March, 1896, that James Bigheart, principal Chief of the Osage Nation,

be and he is hereby authori7Æld to enter into a contract with the said Edwin B. Foster for the devel. opment of Petroleum and Natural Gas, only, upon the Osage reservation, and he is hereby instructed to n,ake the said contract On the form prescribed by the Interior Department to meet the require~.

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ments of law governing such leases, for a term of ten years, with the priviege of renewal for a term of ten years more at the expiration thereof, if the results of said lease prove satisfactory and upon the approval of the Agent in charge, subject to the approval of the Commissioner of Indian Afairs and the Secretary of the Interior.
THOMAS MOZTli,
Nat. Secretary.
Pres. Council.

SAUCY CHEF, x

his

mark

JOHN MOZIER, JAMES BIGHET, Nat. Int. Prin. Chief. mentioned. H. B. FREEMAN, - -Lt. Col. & Actg Agent;.
MINING LESE. OSAGE AGENGY, OKLHOMA TERITORY,

I certif the above a true copy of the original as passed by the O. N. Council on the date therein

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....................~/ert:
LESE OF

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FOR PROSPECTING AND MINING FOR OIL ~"D GAS UPON THE OSAGE RESERVATION, OKLOMA.

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OSAGE TRIBE OF IN1HANS, occupying and residing upon the OSAGE RESERVATION IN

MINING LESE. THS INDENTUE OF LESE, IN TRIPLICATE, Made and entered into on this 16th day of March, 1896, by and between JAMES BIGHERT, party of the first part, for and on beha of the

OKLOMA TERRITORY, under and pursuant to the action of the Council of said Tribe, speakig for the Tribe, duly authorizing the said James Bigheart to contract for the lease of the whole of said reservation, for the period of ten years, for mining purposes, for the production of PETROLEM
and NATURAL GAS only, and duly empowering the said James Bigheirt, for and on behalf of said

Tribe, to make and execute a leise of said reservation lands, as per resolution of the OSAGE NATIONAL COUNCIL, hereto attached and made a part of this agreement, and in accordance witlnbeprovisions of Section 3 of the Act of Congress approved February 18,1891, (26 Stats., 794) as amended

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NESSEI,-

by the Act of August 15, 1894, (28 Stats., 305) and Eàwin B. Fost~r, party

of the second part, WIT.

National Council, and the said Acts of Congress, does by these presents lease and grant unto the sad

That the said party of .the first party, for and in consideration of the payments to be made by said party of the. second part, as berein agreed and stipulated, and by authority of the Action of said

party of the second part, his heirs, executors, administrators, and assigns, the exclusive right for
t.he Secretary of the Interior, the following described lands, to-wit: Al the lands in Ok)iiomlL Territory known as the OSAGE INDIAN RESERVATION, for the sale purpose of prospecting for and driling wells for and mining and iirod\lcing PETOLEUM and NATURAL GAS only, with the right to use so much of the surface of said lands and so much of the timber, building stone, water, wood,gas or other material found thereon as may be fairly necessary for fuel and with which to construct all dwellng houses, buildings. or other improvements. upon said land that may be properly needed in
order to successfully conduct said prospecting and mining operations; also the right of way over and
mining purposes as therein specified, for the period of ten years from the dILte of approval thereof by

across said land to any point desired to prospect upon and to any point where drilg, boring or
prospecting or operating under this leILse shal be carried on; and the right of way to construct lld

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operate such pipe lines or roadways as may be reasonably necessary to carry on and successfull

And the said party of the second part, his heirs, executors, administrators, assigns and sub. lessees, for, and in consideration of the priviege of' conducting the minng operations as herein provided for, upon the lands hereinbefore described, for the period of time herein stated, hereby
Tribe of Indins, the followig royalties, to.wit:. One.tenth (1-10) of all crude Petroleum mined or

prosecute tho objects of this indenture.

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covenant and agree to pay the National Treas"rer of the Osage Nation, for the use and benefit of said

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procured from said lands as the same is delvered free in tanks at the wells or places where produced;

and Fifty Dollars ($50.00) per annum for each Ga wel that may be discovered and utilized, so long as
said well is used by said second party; said royalties to be based upon the market value of the proOSAGE NATION,for the use and benefit of the Osage Trbe of Indians as aforesaid,in ca sh

ducts produced at the place of production, and to be paid to the NATIONAL TREASURER OF TH

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uf said Treasurer. And said second party further agrees to make settlements of accounts with said
inclusive-f the months of January, April, July and October

,at the offce

Treasurer, on account of ROY AIIES as herein provided for, between the first and tenth day-both
lease. And the party of the second part, his executors, administrators' and assigns, covenant and

of each year during ~he term of this

agree that this indenture is made with the express proviso that if any of said rents or royalties shall remain unpaid for thirty days after the same shall have become due and payaòle as herein provided for, or if said second party shall use the premises for any purpose save that hereinbefore authorized and agreed upon, or shall commit waste or suffer jt to be committed on said premises, or misuse or
fail to take proper care of the same, or shal payor surrender said rents and royalties to any person
other than the person herein nameil, or his duly

authorized deputy, or shal fail to exercise such reasonable dilgence as good business principles snd the market shall demand in prosecuting said prospecting snd mining operations on the said land, and in a good andworkmanlike manner, or shall
fail to keep aud perform any

and al other ageements and covenants contained in this indenture,

then, in case of any such default and if such default sha continue for thirty (30) days after written

Secretary of the Interior, without other noti.ce or demand from the said party of the first part upon the party of the second part, and said party of the first part may re.enter upon said premises and repossess and recover the same to al intents Bnd purposes as though said parties of the second part had never occupied the same, and without such re-entering and without demand for rent, said party of the first part !Day take possession thereof in the manner prescribed by law relating to proceedings
in such cases.
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option and election of the Osage Nation as expressed by the National Council, with the approval of the

notice thereof to said lessee, his successors or assigns, then this lease shall thereupon expire at the

OSAGE NATION reserves al right it hath and its citizens have, to cultivate, graze, and improve,and to lease for farming, grallng and mining purposes, other than for the mining purpose herein named.
all and every part of the lands sontained in said reservation, subject to the limitation herein contained,

And it is further mutualy agreed and understood by and between the Tsrties hereto, that the

and such right shall not be interfered with or disturbed by the party of the secoud party, his heirs.

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executors, administrators' or assigns, except to such an extent as may he actually and absolutel~' necessary in prospecting for and in conducting and marketing the products herein named; and said

eiti7.ens 'if the Nation for domestic purposes; Provided that no expense shall be incurred by the part~'

acknowledged before the U. S. Indian Agent of the Osage Agency. . And it is further expressly Bgree between the parties hereto,. that the Osage Nation shall ha\e the right to the free use of Gas for all Go.ernment., school and other public buildings of the Kation from any well or wells that may be discovered on said land; and this right shall also extend to all

on said reservation without the written consent of the person occupying such premises, duly

~~..¡1 thesllbstances herein mentioned within or upon any cultivated endosure

second party and those acting under, through or by him shall not prosrect for or dril or bore any

of the set!und part in piping Gas for. such purposes. And said second party, in considezalion of the
covenants herein contained, further covenants and agrees not to remove from said lEnds any build-

ments shall become a part of the land and shall remain thereon and become the property of the Osage Nation as a part of the consideration herein provided for; Provided that al engines, derricks, tools and machinery shall remain the property of the party of the second part. But it is also further expressly provided between the parties hereto, that in cae of failure on the

ings or improvements erected thereon during the term of this lease; but said buildings and improve-

anil royalties. .

part of the party of the second part to pay the rents and royalties as herein specified, the Osage Nation shall have a lien upon all buildings, improvements, engines, derricks, tools and machinery

erected upon or brought upon said lands by the said second party to secure the payment of rents
open and operate mines and wells for the products above inditated in a good and workmanbl.e

And the said second party further agree!, and covenants to exercise such dilgence in condue:ilJg said prospecting and mining operations as shall be consistent with good business principles, and to

manner; to commit no waste upon said lands and to sufier no waste to be committed thereon; to take good care of the same and to surrender and return the premises at the expiration of this lease to the
Osage Nation in as good condition as when received, ordinary weal' and tear in the proper use of the

saDie for the purposes herein indicated, and unavoidable accidents, excepted. And it is further

expressly agreed that jf prospecting hereunder shall not be begun within six months after the -' approval of this lease by the Secretary of the Interior, or if one or the other of the products herein mentioned be not discovered in paying quantities within eighteen months aiter such approval, Or i,i case of the failure of the party of the second part for Ii period of six months at anyone time to coniluct prospecting or mining operations hereunder, then, or in either of said cases, this lease shall terminate, and the party of the second part shall have and exercise no further rights hereunder. And it is further agreed betwÀen the parties hereto that the said second parly shall keep a true and accurate re.covd and account of said mining operations, showing the whole amount of Petroleum
mined and pruduced hereunder and the number of Gas wells bored and the number in operation, with dates of boring and operating, and that the Osage Nation through its proper offcers, the U. S.
Indian Agent, of the Osage Agency, the Special Indian Agent and Indiri Inspectors of the Interior

Department, or such other persons as may be designated by the Commissioner of Indian Affairs, or

the Secretary of the Interior, shall at all times have the right to make such reasonable examination of
the books, accounts, records and papers. of the party of the second part, or those claiming under

him, as may be necessary to enable them to obtain all information desired as to the amount of Petroleum mined and produced hereunder and as to the number of Gas wells bored and the number

that have been operated and utilzed together with the dates of boring and using. And it is also further provided that the said party

of the second part shal enter into a goo and suffcient bond, with

at leat two sureties, in the sum of $5,000, payable to the Secretary of the Interior for the use and

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beneft of the Osage Nation, conditioO:ed upon the faithful performance of the conditions of this

which bond shaJ be approved by the Secretary of the Interior. It is also provided that this leae

shall become operative only after its approval by the Secretary of the Interior. .
And it is furter expresRlY provided that the said party of the secnd part, or those claiing

under him, shall not maintain any nuisance on said reservation and sha not sel or give away. or permit their employes to sel or give away any intoxicating liquors on said reservation during the term of this leae; and that he or they wil not use the premises for any other purpse than that

authorized un,derstood between the parties hereto that the priviege of conducting in the lease. . And it is agreed and
mining operations hereunder is permitted and agreed to upon the express condition that if the Indian
guished before the expiration of the time herein stated, then and in th'Bt event this leae shal be void and of no force and efect with reference to the lands to which the title shaJ be extinguished, from
and iift.er the date of such extinguishment; and the lessee shaJ be subject to removal therefrom

title to any portion of the lands used and occupied by the lessee, his l;irs or assigns, shall be extin-

upon sixty days notice from the Secretary of the Interior, in his discretion; Provided that the ex

tinguishment of the title herein mentioned shal not apply to lands which shii be alloted in severalty
National Treasurer of the Osage Nation. .

to the Indians, so as to effect this lease to. the lands so allotted, but in any such lands so iioted,

then the royalties accruing on the same shall be paid to the allottees, respectively, Instead of to . the

It is further provided between the parties heretó that no member of or delegate to Congress, or offcer, agent or employe of the Government shal be admitted to any share or part in this lease,'or
deri VA any benefit to arise therefrom.

hands and seals the day and date first iibove named. All erasures and interlineations having been
made before signing. Witness: FRED MORRIS.

IN TESTIMONY WHEREOF, the said parties of the first and second parts have hereunto set their

JAMES BlGHET, (SF..L)
Prin. Chief.

Witnesses:

EUSTACE WHR.
E. C. GORDON.

EDWIN B. FOSTE. (SEAL)

,TAMES S. GLE.

On tliis 16th diiy of March 1896, personaly appeared before me, H.B. Freeman, Lt. Col. 5th Inf. Acting U. S. Indian Agent of the Osage Agency, the above mentioned JAMES BIGHET.. ..

namad, and acknowledged the signing and sealing of the above indenture of lease, for the purpOSes therein named, to bc their free act and deed. H. B. FREEMA,
Lieut. Col. 5th Inf. Acting U. S. Indian A¡tent.

_ . . . . . and the above named. . . . . . . . . . . . . . . . . . . . . . personaly known to me to be the identiciil persol)s

INTEPRETE'S CERTIFICATE.
I, .TOHN MOSIER, do hereby certify that 1 am the Offcial Interpreter of the Osage Nation; thiit I fully and truthfully interpreted and explained the foregoing lease to the Osage Nation Council, ~. before the signing and sealing thereof, and am satisfied that they clearlyJAMES BIGHEART... and fuy understod the
naturc of said lease aud all the terms thereof bef.ore authorizing the said.. .

to execute the same for and on behalf of the Osage Nation; and that I witnessed the signing and thereof on the piirt of said JAMES BIGHET.... .. .' .. ., . . . . .. .. this 16th day of March, sealing'
1896.

JOHN MOSIER,

Ofcial Interpreter,

OsAGE NATION.

The above lease was renewed as to 680,000 acres for a period of ten years from March 16, 1906, by the Indian Appropriation Act for the fisca year ending June 30, 1905, approved March 3, 1905, Increasing gas well royaJty from $50 to $100 per annum and royalty on oil to be fixed by the Pres-

ident. The President's order of June 3,1905, increased the royalty on oil to one.eighth. The
act of March 3, 1905, was re-affrred by "AnAct for the division of the lands and funds of the
Osage Indians, and for other purposes," approved .Tune 28, 1906.

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