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Page 1 of 11
\o ALz
-FEgE
J
IIEGISTEB
~',o 1934 ~'~- NUMBER 246 ""/JNITED
_.
VOLUME 23
Washingfon, Thursday, December 18, 1958
published in the Fzvz~ REUZS~ZR JanuCONTENTS ary 29, 1957 (22 1% R. 581), which specified the period of validity of a Coast Agricultural Marketing Service Page Chapter [---Coast Guard,'Deparlment Guard Port Security Card, is canceled Proposed rule making: and is superseded by the regulations h~ Milk in southeastern Florida ._ of the Treasury this document. ¯ marketing area__. 9761 Since the security interests of the Subchapter k~Securily of Waterfront Facilities Nectarine~grown In California_ 9761 United States call for the application of Rules and regulations: [CGFZ~ 5S-~2] the provisions in Executive Order 19173, Miscellaneous amendments to PART 125---IDENTIFICATION CSEDENTIALS amended, and because of the national as chapter; correction___ .... 9752 FOR PERSONS P~EQUIKIIWG ACCESS TO emergency declared by the Presldent, it Agriculture Department WATERFRONT FACILITIES OR VESSELS is found that compliance with the Admisistrative Procedure Act (respecting See Agricultural Marketing ServCOAST GUA~U PORT SEcuarrr cA~s ice. notice of proposed z-~e making, public The United Sta~s Co~t Guard is au- rule making procedures thereon, and Atomic Energy Commission %hor~zed to issue Coast Guard P~rt Secu- effective date requirements thereof) is Notices: rlty Cards (Form CG-2514) as one means impracticable and contrary to the public New England Tank Cleaning of identification of persons regularly era- inter6s~. Co.; notice of issuance of ¯ ployed on vessels or waterfront facilities amendment to byproduct maBy virtue of the authority ve.~d in or persons having regular public or pri- me as Commandant, United States Coast terial license ............... 9766 vate business connected with the opera- Guard, by Executive Order 10173, as Civil Aeronautics Administration, maintenance, or administration of amended by Executive Orders 10277 and vesseL, their cargoes, or waterfront. 10352, the following regulation desig- tion Rules and regulations: facilities. nated § 125.12 is prescribed and shall Standard instrument approach There are presently outstanding Coast become effective on and after January procedures; alterations ...... 9753 Guard Port Security Cards originally I, 1959: issued to holders on applications made Coast Guard § 125.12 Perto~ oi ~aZ~dft~/ o/ Cou~ Rules and regulations: during the years since 1951. In many instances the application information Guarg Por$ Securit~t Cards. (a) The Identification credentials for furnished by the holders of such cards Coa~ Guard Port Security Card CForm persons requJzing access to is outdated. Furthermore, outstanding CG--2514) shall be valid for a period of waterfront facgities or veseight years from the date of issuance Coast Guard Por~ Security Cards bear sels; Coast Guard Security thereof unless sooner suspended or revarious expiration da~es which have voked by proper authority. On the first 9751 Cards been extended from time to time by noday after eight years from the date of Commerce Departmenf rices published in the l~mmum REGIST~a. issuance, theCoast Guard Port Security ~ee a~o Clv~ Aeronautics AdminA new regulation designated 33 istration. 125.12 is added to the regulations by this Card (Form CG--2514) is hereby declared Notices: document in order to provide the Coast invalid and shah be considered nun and Reports of appoin{~nent and Guard with current information con- void for all purposes. stat~nents of. ~naneial (b) The holder of a Coast Guard Port cerning the holders of Coast Guard Port interest: Security Cards and to establish a unf- Security Card, which is about to expire Bean, Richard B ......... 9765 form period of validity of eight years or has expired, may apply for a new Sands, James H- ........... 9765 from the' date of issuance. A person Coast Guard Port Security Card in acwho applies for a new Coast Guard Port cordance with the procedures set forth Customs Bureau Security Card'must surrender the old or in § 125.21. In the event the applicant's Rules and regulations: Drawback; substituted merexpired Coast Guard Port Security Card Coast Guard Port Security Card has excard shall accompany the chandise 9757 at the time he receives his new one or pired, suchfor a new Coast Guard Por~ application in event the old Coast Guard Port Secu- Security Card. In the event the appli- Fish and Wildlife Service rity Card was los~, stolen, or destroyed Rules and regulations: the applicant must comply with the pro- cant Js holding a valid Coast Guard Port Frozen haddock fillets; U. S. Security Card at the time he submits his visions in 33 ~ 125.51, regarding the standards for grades ...... 9759 application for a new card, such person replacement of ~ lost Coast Guard Port Indian Affairs Bureau shall surrender the old or expired Coast Rules and regulations: Security Card. The Coast Guard Document CGE% Guard Port Security Card at the time he Overriding royalties on off and 57-3, entitlC~d "Coast Guard Pdrt Secu- is issued a new Coast Guard Por~ Secugas leases; miscellaneou~ amendments to chapter ..... 9758 (Continued on nex% page) rity Cards," dated January 22, 195% and 9751
-TITLE 33--NAVIGATION AND NAVIGABLE WATERS
HeinOnline -- 23 Fed. Reg. 9751 1958
Case 1:99-cv-00550-ECH
975S
as the bas~ for the alloWance of drawback on the exported artle/es; c. Subparagraph (2) is amended by inserting "in the manufacture or production of articles" a/ter the. word "used". ch Subparagraph (3) is amended to read: (S) That the exported articles on which drawback is claimed were manufactured or produced either with the use of (I) the designated merchandise, (il) other merchandise of the same kind and quality as the designated merchandise, or (itt) any combination of the foregoing; e. Subparagraph (6) is amended bysubstituting "merchandise" for "sugar, metal, ere contalulng metal, ~axseed or linseed, or flaxseed or linseed oil, or printing papers, coated br uncoated, or domestic products of any of the foregoing". 3. Section 22.5 (b) and (d) are amended by sustituting "merchandise" for "sugar, metal, ore eontainln~ metal, flaxseed or linseed, or flaxseed or linseed oil, or printing papers, coated or uncoated, or domestic produc~ of any of the foregoing". 4. Section 22.S (c) is amended by substituting\.',~nerchandise'' for "shgar, metal, ore contalning~netal, flaxseed or linseed, or flaxseed or linseed "oil, or printing papers, coated or uncoated," and by deleting "with the use of such merchandise".
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RULES AND REGULATIONS. of these additions is to permit the paymerit of overriding royalties on oil and gas leases on Indian tribal and ~llotted lands. Interested perso.ns were given an opportunlty~ to submit their views, d~ta, or arguments in writing on the proposed additions to the regulations to the Commissioner, "Bureau of Indian Affairs, within 30 days from the date of publication of the notice in the ~Z~E~AL REGLSTZa. Several objections were mad~ to that part bf the proposed additions that provided that agreements creating overriding royalties or payments out of production would require the approval of the Secretary of the Interior. The objections have been thoroughly considered since the expiration of the 30-day period. A~ a result of such consideration, th~ additions as" proposed have been modi/~ed to elinfinate the requirement for approval by the Secretary of .the Interior of agreements creating overriding royalties or payments out of productton. In addition, the proposed additions" have been enlarged to specifically state that assignments of leases or other instruments that have heretofore required the approval of the Seers: tary of the Interior would continue to require such approval The proposed additions to the ~egulations, as modified, are hereby adopted as set forth below. These additions 'are e~ective upon publication in the ~Uor payments out of production need not be filed with the Superintendent unless incorporated in assignments or instruments required to be filed pursuant to this section. 477, 509) 2. Section 172.22 is amended to change the caption and to add a new paragraph identified as (d), as follows: §~t72"22 Assignments a~d overflying roycdties. * * * (d) An agreeinent creating overriding royalties or payments out of l~reduction on oil and gas leases under this part shall be subject to the provisions of § 171.26. (d) of this stlbchapter, or as hereafter amended.
(88 star. q83, as amended; 9.5 O. S. 0. 896) (Sees. 16, 1'7, 48 Star. 98V, 988, sec. 9, 49 Star. 1968, sec. 4, 52 Star. 348; 25 U. S. C. 896.d, ~76,
3. Section 173.21 is amended to change the cap, on and to add a new paragraph identified as (d), as follows: §-173.~1 :,4~siO~zraents a~ op.~d~ng ro.~/a~ies. * * * ¯ (d) An agreement creating overriding royalties or payments out'of production on oil and gas leases under this part shall be subject to ghe provisions of § 171.26 (d) of this subehapter, or as hereafter amended. (See. 6, 41 Star. 753, sec. 6, 44 star. 059) 4. Section lq4.38 IS amended to change the caption, to designate the existing ERKL I:~.,E GL~TER, tex~ as paragraph (a), and to add a ~£ew ¯ 1. Section 1~L26 is amended to change (Sees. 313, 62~, 46 Star. 693, as amended, 759;. paragi~aph identified as (b), as follows: the caption and to add a new paragraph ] 19 U. S. C. 1313, 1624) identified as (d)o as follows: § 174.38 Assignra~s and. overriding [staLl R~P~ E~LLY, § 1'/1.26 Assigr~n~7~ts a~ _o~e~e~i~g royatties. * * * Co~m~sio~er 01 C~f.o~. (b) An agreement creating overriding ' royalties. * * * royalties or payments out of production Approved: December 10, 1958. " (d) Agreements creating overriding on oll and gas leases under this part shall royalties or payments out of-production \ A. G~ORE I~, be subject to the provisions of § 171.26 on oil and gas leases shall not be considActing Secreta~ ol the Treasur~h (d) of thls subchapter, or as hereafter ered as interests in the leases as such amended: IF. R. Doe. 58-10433: Filed, Dec. 17, 1958; term is used in this section. Agreements 8:48 a. m.] creating overriding royalties or pay(see. 2, 39stat. si% see. 18, 41 Star. 426, sec. merits out of production are hereby au-~ 1, 48 sta-t. 495, sec. 1, 47 Star. ~77; 25 U. 8. C. 336) thorlzed and the approval of the Department of the Interior or. any agency VITLE 25--1NDIANS S. Section 183.46 is amendgd by the theredf shall not be required with respect addition of a new paragraph, reading as Chapfer l--Bureau of Indian Affairs, thereto, but such agreements" shall be follows: subject to the condition that nothing in Department of the Interior any such ag~eemen~ shall be construed as § *" ~ts.* 183.46 Ap~rova~ o] Iease ~truPART 171~a or T*u~ I~Z~DS ~6R modifying any of the obligations, of the l~m~"mG (d) OverlYing ro~aZties. Agreements lessee, including, but nob linflted,to, obllcreating overriding royalties or payments PART 172--LE~Sn~G OF ALLO~"~EI) YmU'~S gations for diligent development and operation, protection agafns~ drainage, out of production shall not be considered FOR ~ZZ~n~ compliance with oil and gas operatingas interests in.the leases as such term is PA~T 173~LE~n~c oF L~DS z~r C~ow regulations (30 CFt% Part 221), and the used in paragraph (c) of this section. ~I)IA~ RESERVATION, MONTANA, F0R ~equirement for departmental approval Agreements creating overriding royalties ~G before abandonment of any well. AlL or payments out of production are hereby such obligations are_ go remain in full authorized and the approval of the DePART 174---LE~sm~ O~ I~ESTRZCTSD L~S partment of the Interlor or any agency force and effect, the same as if free of oF IVIE~ES OF ~-T~E CIVILIZED TRIBES, thereof shall not be required with respect any such royalties, or payments. The OKLA~O~A~ ]~OR IVIINING existence of agreements creating over-thereto, but sue5 agreements shall be PART 183--LEASING OF OSAGE RESERVATION riding royalties or payments out of prosubject to the condition that nothing In I~t~S~OR O~ AND GAS IVI~r~U duction, whether or not actually paid, any such agreement shall be construed shall not be considered as justification as modifying any of the obligations of the PART 184---L~ASING OF CERTAI~ LANDS lessee, including, but not lhnited to, oblifor the approval of abandonment of any ~VIND RIVER IiRDIAN I~ESERVATION "~'Yrr- AND GAS IVIINING gation~£or diligent development and opwell Not l!i~ng in this paragraph revokes OI~III~G, FOR O eration, protection against drainage, the requirement for approval of assignOVERRIDING ROYALTIES ON OIL ~ GAS ments and other instruments which, is compliance with oil and gas operating LEASES regulations Fn this part, and the requirerequired in this section, but any overment for departmental approval before On pages 3132 and 3133 of the FED& riding royalties or payments out of proabandonment of any well. All such obli~P,~L RE~S~ER Of May 10, 1958, there'was "duction crewed by the terms of such assignments or instruments shall be subgations are to remain 1/~ "full force and published a notice of intention to add effect, the same as if free of any such new paragraphs to Parts 171, lq2, 173, Ject to the condition stated above; Agreements ere{ring overriding royaltlbs royalties or payments. The existence of 174,183, and 184 of 25 CFR. ,The purpose
HeinOnline -- 23 Fed. Reg. 9758 1958
Case 1:99-cv-00550-ECH
Thursday, December 18, 1958
Document 309-39
FEDERAL REGISTER
Filed 06/30/2008
Page 3 of 11 97~9
agreements creating overriding royalties amended (7 U. S. C. 1624) and ahaII or pa~aent~ out of production, whether come effective March 1, 1959. or not actually paid, shall not be conDated: December 12, 1958, sidered as Justification for the approval of abandonment of any well. Nothing Ross ~, in this paragraph revokes the requireActing Secret~ry ol the I~terior. ment for approval of assignments and other instruments which is required in Sec. ~ZODUCT zzscan~ON ~m a~s this section, but any overriding royalties 174.1 Product description. or payments out of production created 174.q Grades of frozen haddock fillets, by the terms of such assignments or in"WEIGIETS AIR/) DIMENSION5 struments shah be subject to the condition stated above. Agreements creating 174.6 Recommended welghts and dlmenSIOWg. overrid~g royalties or payments out of production need not be filed with the FACTORS OF QUAI.ITT Superintendent unless incorporated in 174.1I AscertaIn~g the grade. assignments or instruments required to 174.12 Evaluation of the ~mscored factor of be filed pursuant to paragraph (c) of this flavor and odor. 174.13 ~g the rating for the facsection. tors which are scored; appearance, (Sec. 3, 34 Star. 543) size, defects, and character. 6. Section 184~6 is amended to change 174.14 Appearance. 174.15 Size. the caption, to des~nate the existing 174.16 Defects. text as paragraph (a), and to add a new paragraph identified as (b), as follows: 174-17 Character.
carporated in the grades of the flntahed product r~uce net weights and dimensiaus, as such, are not factors of quality for t~he purpose of these grades. (b) It is recommended that the net weights of the packaged frozen haddock fillets he not l~ss than 12 ounces and not over l0 pounds.
I~ACTORS OF QUALITY
§ 174.11 Ascertaining the grade. The grade of frozen haddock fillets is ascertained by observing the product In the frozen mad thawed-states~ and after representative sample units have been cooked in a suitable manner. The following factors are evaluated in ascertaining the grade of the product: Flavor, odor, appearance, size, defects, and character. (a) These factors are rated in the following manner: (1) Flavor un~ ~or. These factors are rated by organoleptic examination. Score points are not assessed (see D]~qI~ONS AND/~EI'HODS OF ANALTSIS § 174.12). § 184.26 Assignments and overriding 174~1 Defu~tlons and methods of analysls. (2) A~earance, size, delccts, and ~'oyaZtie~. * * * character. These factors are rated by Co) An agreement creating overridLOT CE~'IFICATIOI~'TOLERAN C~S ing royalties or payments out of produc- 174~ Tolerances for certification of oe~- score points expressed numerically on tion under this part shall be subject to the seale of 100. clally drawn samples. the provisions of § 171.26 (d) of this (b) The four factors and the maxSCORE S:H~T chapter, or as hereafter amended. imum number of points that may be 174~ql Score sheet for frozen haddock fillets. given each are as follows: (see. I, 39 Star. 519) Au~o~: §| 174-I to I74~1 issued under Factors: ROSS LEFFLER, Pofntz sec. 205, 60 Star. 109{}, as amended, see. 6, 70 Acting Secretar~ of the Interior. Appearance ................. 2~ Star. 1122; 7 U. S. C. 162~, 16 U. S. C. 742e. Size ~0 1~ZCmXR 12, 1958. Interpret or apply Bur. Budg. Order Mar. 22, Defects 40 1958, 23 F. R. 2304. Character 15 [P. R. Doc. 58-10418; l~11ed, Dec. 17, 1958; 8:45 a. m.] PRODUCer 9F.SCR~¢I01~ AND 6RAOES Total score-_ I00 § 174.1- Product description. The § 174.12 Evg~uatio~ of %he un~core¢l product described in this part consists of factor of flavor and o~or--~a) Good TITLE SO---WILDlIFE clean, whole, wholesome fillets or pri- 1tarot and odor. "Good flavor and odor" Chapter I--Fish and Wildlife Service, marily large pieces of clean, whole, (essential requirement for a Grade A wholesome fillets, cut away from either product) ineans that the fish flesh has Department of the Interior side of haddock., Meianogrammus aegle- good flavor and odor characteris~e of Subchapler K--Processed Hshery Produds, Proc- finns; the fillets may be either skin- haddock (Melanogrannnus aegleflnus); essed Prod.ds Thereofe and Cedaln Olher less or with skin on. They are packaged and ts free from staleness, and off-flavors Processed Food Products / and frozen in accordance with good com- and Qff-odors of any kind. mercial practice and are'maintained at PART 174---UNITED STATES STANDARDS FOR (b) Reusonabht good, flavor and odor. GRADES OF FROZEN ~[ADDOCK PILLETS x temperatures necessary for the preser- "Reasonably good flavor and odor" (minvation of the product. (This part does hnum requirement of a Grade B product) On November 8, 1958, a notice of pro- not provide for the grading of pieces of l~osed rule making was published in the ~sh flesh cut away from previously frozen means that the fish flesh may be some~D~L RzGmzza (23 F. 1%. 8732) where- fish blocks, slabs, or shnllar products.) what lackinE in good flavor and odor; and is free from objectionable off-~avors by notice was given of the intention of § 174.2 Grades of froze~ haddock ~- and off-odors of any kind. the Director of the Bureau of Commercial Fisheries to recommend to the Sec- lets. (a) "U. S. Grade A" is the quality § 174.13 Ascertaining the rating for retary of the Interior, the adoption of of frozen haddock fillets that possess ~e lactor~ whic~ are scored; a~peara g0od ~avor and odor; and for those I United States Standards for Grades~ of ante, size, defects, and character. The Frozen Haddock ~illets, set forth therein factors which are rated in accordance essential variations within each factor with ti%e ~coring system outlined in this in lmntative form, to be.codified as Title which is scored are so described that the 50, Code of Federal Regulations, Part part have a total score of 85 to 10O points. value may be ascertained for each factor. (b) '~. S. Grade B" is the quali~y of and expressed numerically. Point deduc174. Interested persons were given until November 20, 1958, to submit views or frozen haddock fillets that possess at tions are allotted for each degree or least a reasonably good flavor and odor; comments concerning the proposal. amount of variation within each factor. After consideration of all relevant ~d for those factors which are rated in The value for each factor is the maximatters presented, minor modifications accordance with the scoring system out- mum points allotted for the factor less In the text of the Standards for Grades lined in this par~ have a total.~core of the sum of the deduction-points within of Frozen Haddock Fillets have been not less than 70 points: Provided, That the factor. made in the interest of clarity. As so no factor receives maximum point score § 174.14 A~ypearance. (a) General: modified the standards set forth below, deductio~ (c) "Substandard" is the quality of The factor of appearance refers to the constituting a new Part 174, Title 50, are frozen haddock fillets that fail to meet color of the fish flesh, and to the degree adopted pursuant to the authority conof surface dehydration of the product. rained in Title H, section 205, of the Agri- the requirements of U. S. Grade B. (b) l~or the pul~oze of rating the faccultural Marke~ng Act of 1946, as "~rEIGHTS AND D;~ENSIONS tor of appearance the schedule of de| 174.6 RecOmmcnde~ we~ghf~ an~ di- duction-points in Tables I and II apply. z CompIlance with the provisions of these standards shall nob excuse failure to comply mensions. (a) The recommendations as Haddock fillets which receive 25 deducwith the provisions of ~he ~'ederal Food, to net weights and dimensions of pack- tion-points for this factor shall not be Drug, and Cosmetic Act. aged frozen haddock fillets are not in- graded above Substandard regardless of No. 246-----2
HeinOnline -- 23 Fed. Reg. 9759 1958
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i. \ !
~.UMULATIVE POCKET SUPPLEMENT TO THE ¯ ¯ ¯
CODE
OF FEDERAL REGULATIONS
Title 25-Indians
AS OF
IIII
For changes on and alter January 1, 1959, see the daily issues of the Federal Register
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Cite this Pocket Supplement 1958 SUPP.
/hug: 25 CFR, 1958 SUPP., 15.25
Page xv
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§ 163.1
Title 25--Indians
SUBCHAPTER O--RIGHTS-OF-WAY--ROADS
SI)(;
Part 163--[:stabli.chment of Roadless and Wild Areas on Indian Reservations
~ec ]631 I.huictle~ arc~:-, i 7~e'~ :-,,,'.~ :,
, ..L;, ! It, ' \.. .... U'
tier roy; hi(,(
Of
tnly i,l t of t dcl'. of t hi.~ :
SUBC~IAPfERS P--~--L.ANDS,, 5Ui~SURFACE [SLATES; AND RFc.OUR.CL~I> SUBCHAPTER P--MINING Port i 71--Leasing of Tribal Lands for Mining
Sec. 171 2 I.e;:.~.s ~;~ be rn:,.d~~ by ~rib-: [H,'~ ::-,d
R[~;T: AND RriYki'l':; ,i I[~'~V TO A('C~I.TI[~L I.E.%:-! ~4
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HO'.Ar TO A('QUI 1-' K 1.i ANI- <: .~ 171.2 L¢':~,:C.~ to t.'e ~t;ade by tri~;r.,'. Indian tribes, bands or gro~lps may. u,ith the approval of the Secreta:y (ff th(~ In171.3 So/co~ oil and r~(~.~ t,'a,'~ 'a, . terior or his authorized reDre.~ent:ltivc. At such time~ tllid ill :-Hch I]lLtllNul ;l> ~ii~ lease their land for mining purpo.~es. N(~ may deem ;tl}l)"otn'iat~,, af!er i:)~'ill:'. ;','loil and gas lease st~all be at)l)!'o%ed lln]cy;:- thorized t35" th(, t!'ibid c(,uncii .¢;r tKl,,.,.it has first been offered tit lID ad~(u'ti::,.d allthclrized l.Oi~l.Oa(,lll~ativ(~ ()f 1111~, l~'ii)¢,. tl,e ,~uperi:ltendenl :-hall l)tibli:
y v ~t iilI![ .~{~
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I ',~(.r .~tll)j lilly I1:(~(t it,.<.-{, sail( t~llt,I" ('01111 leR II leq I l befol such forct any exist ridin
i
Case 1:99-cv-00550-ECH
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Chapter I--Bureau of Indian Affairs sponsible bidder for a bonus consideration. in addition to stipulated rcnt/ds and royalties. Each bid must be accomlmNed by a cashier's check, certiiied check, or postal money order, payable to the payee designated in tile invitation to bid, in an amount not less than 25 percent of the bonus bid. Within 30 days after notification of bein~ the succe:~.~:ful bid° der. said bidder must remit the balance of the bonus, the first y et, r's rental, and his share of the advert|stria costs, and shall file with the sut)ermtenc!ent the lease m comt}leted form. The supermtenclent may. for Xoo{1 and sullicient reasons, extend the time fc, r the completion alia subIt.~i,,~sion of the lease f,v.'m, but D{} ext{,n~:i(m shall be r.,ranted for remittin~ the bal;mce of moneys due. If the stwcessf'al bidder fails to pay the full et}l>ider;ttit}n within said l}criod, or fails t{} file the comt}letcd lcttsc within said t}eri(}d or extension tl~c:'eol-, or if the h':L~c i8 di.~alal}rovcd throu2h no fault, of lhc ]tssor or the Del}artmcllt {}f the hlt{,ri,)r, 25 percent of tim bonus bid wilt be forfeited for the use a:~{l benelit, of the Iw_iial~ lessor. i l';~r:~:,z-;]ph I;~ ) :d:Wll{l{'d. 2:{ F. 11 7068. S('t}t.
12. 195H ';
§ 1"/3.21
duction, whether or not actually paid, shall not be considered as justification for the approval of abandonment of any well. Nothing in ~his paragraph revokes the requirement for approval of assignments and other instruments which is reciuired in this section, but any overriding royalties or payments out of produet|on created by the terms of such assi!~nmcnts or instruments shall be subject to the condition stated above. Agreements creating overriding royalties or payments out of p',:oduction need not be tiled with thc Superintendent unless incorporated in assignments or instrumem, s requi:ed to be filed pursuant to this section.
C(::{hfic.a~i,~,.~: In !i 171.26 the headnote was ;llll('[I(lt'fl IO re;tci as s, et /{~rth above, and paragraph td) was added. 23 F. R. 9758, Dec. 18. 1958.
URCE5
Part 172--Leasing of AlJotted Lands for Mining
S{'c 172 22 AssiL:l:m{'nts and overriding royalties. I Amended l
} 172.22 ..!,~siotznzents a;~d overriding ro,,altxs. ' ~ " , {t~ An a.'~reement creating overriding royalties or payments out of production RENTS AND flOYALTIFS on oil and ~as leases under this part shall } 171.26 Assmnnzc~ds a~d m'err;,din~ be subject to the provisions of } 171.26 ,d, of this subch'~pter, or as hereafter ro!lalti('s. * " *
, d ~ Agreclllcnts cecal|IlK overridi!lg royalties or paynlonts otlt of t)rod~.Ielion alllOllded. ('(')I'IIFI('.vrI{)N i In .~ 172.22, the headnote was
;lllltql{l(Kt ?'} r(,a{t as set Mrth above. :}lid on oil and gas leases shall not be considi);tra'::r,q}h *(ll was adde(t, 23 F. R. 9758, ered as interests in the leases as such [)['{'* 18. I958. (ernl is used in this section. Agreements croalina overriding royalti(:,s or paymerits out of production are hereby authorized and the apl)rOval of the Depart- Part 173~Leasing of Lands in (.'row indian Reservation, ment of tim Int('rior or any agt,ncy t h{'rt'of shall llOI be retluired with respect Montana, for Mining th('r('to, but. such agi'eenlents stlall be SeC. sub,ieet to the condition that nothing in I73.:!1 A:~s:!zmnents and overriding rc}yalties. any slleh agreelllt,nt shall be construed as I Am{'z~cied ] modifying any of tim obligations of the } 173.21 Assignments a~zd overridin~ les.~ee, including, but not limited to, obli- )'o).~cdties. * * " ~alions for diligent development and (d) An a~reement creating overriding olwraliolL protection against drainage, coml}lianee with oil and gas operating royalties or payments out of production regulations ,30 CFR Part 221~, and the on oil and gas leases under this part requirement for departmental approval shall be subject to the provisions of beIore abandonment of any well. All § 1"/1.26 (d) of this subehapter, or as such obhuations are to remain in full hereafter amended. force and effect, the same as if free of COt)II-'ICATION : In § 173.21. the headnote was any such royalties or payments. The amended to read as set forth above, and existence of agreements creating over- paragnq}I~ (d) was added, 23 F. R. 9758, riding royalties or payments out of pro- Dee. 18, 1958.
'asPs. ' A } ¯ d]er as he
i)ein;t a~]or Ot |l~'."
tD: trib(',
~h :;(}-:ices
' sat.", tiil-
,ed by the s. that oil s. each of r compacL i~heA re-
Page 21
Case 1:99-cv-00550-ECH
Document 309-39
Filed 06/30/2008
Page 8 of 11
§ 174.38
Title 25~lndians
Port 174---Lea-ling of Restricted Lands of Members of Five Civilized Tribes, Ok!ahcma, for Mining
(q'!-! %) I,~N' 174:5~ :\>~:~::.;:,-:!~- : i ~, :: ,: : :
TO~U'fh'<
SUBCHAPIER O--OIL AND GAS Part 18;J~Leasing of Osage Reservation Lands for Oil and Gas Mining
,~, j ,¢]H;~ 4 l,~,.i 16 Drtl::i:~: , b::/:i: 1~,.,~ Stl::* ::dr': ,d h';,:(' ~ p,t,t 1 -,.d i I~.t'vi>(d {
T() .~t t~I'lRi 1.1 -kS}~; '"r" 1[;'*l;~I. ! AND'.
183 4"! 183.43
lh-! tal pe:i,~(t ali(.r (':d,>.~:~l ,,I S-:;.ipcrlll~.t'li(iel~l T¢~ })(?IZill f~t)t'rt~ll,~Ii£ I~I; .11~ ,I!it':>: t'/ttis. [ b ui,cr~-('ded i
I,ex,s<.c's t:.r:~('(:'::s agents. ) Hi't> '.'d :
A%SI(; N ~1 I" N T%
183 46 Appr~)val ~,f ]el,S(! Al!!('lldt~d :,
I?K:TFIlII!('I/:i-t
OIL M!NING LEASES I)rUh~p obhfmtums. , :l , 183.4 Lessee shall chull at least one well to the Mississippi Lime. unless oll or aas is found in paymz quantities tit a lesser depth, on the land covered by his lease. within 12 months from the date nf approval of the lease, or the lease may be held for the full five-year primary term without drilling, upon payment to the Superintendent for the less(~r of rental at the rate of Olle dollar per acre per annum, payable annually in advance. beginning one year after the date of approval of the lease. This lease shall terminate as to both parties unless suct~ advance rental shall be received at the Osage Agency or shall have been :nailed as indicated by postmark, on or before the due date: Provided, That the time within which a well shall be drilled shall not begin to rim on ally restricted ht;mestead selection until the consent of the Page 22
:<'l:::, :!H~'I/ic!~l l:()d"'l[.l: f~l:'.~!t'h )~,f),n..~ :-t' ,tel>,,,~,. ):'.tvt. biq,!] ,:iVCl:. ':o- ~h',ttl ~' '~ :tt]~ :l::c,¯ I', ;l~:tl i)('C.q]li' titlt' tl:li:l :lie nf':.{ ',III:!IV("Y.<;iI'~" d:i.tt' ,)i lhP lt'Ltse toll ~WiI]:" il~e (t:'.[e Of :;l('h c()l:.~Cl]t Pro~"dcd /urthcr. "Ihat ~h' Fllt~crint,,I~deI'~t ::: 1:, ~: d:.-c:~.t:on m:~y direct !hi) chillilu: r)l ;lily {:lldi'llh'd ]t>a::t'. It :1] his t;l::lli¢}n ¯ ¢)[ , ,, lilt .....,,l,.t Ii ..~. [)i(' OS;I. (! "l'!'ib(' wli:l']nt" i'r¢>~'idcd .i:~r//~,'r. "Il)at wilt,never the (~(~fllllllstqi(;I:('l" (}f iFldlliI1 AIltlil's sti;tll col:>: dcr the m:ti'ketillv facilities made(triaL(' t(J [t-,ke cai'(' of th.e I]l'Oducliol] he m:ty diruct the s[15pt'I]SlOl; o[ d','ilim.'." op,,i,t!.iot]y ()I1 lhis ]ease ~Ihe ct)Inl)letion ~)f :t vt:,it t.o the Mississippi Lira(,. or prodilC'tiop, of 71i or gas ill t.;0.yill~ tt!llilltitic.~ l.vom a les'$er depth than the Mi,-siss]pt)i Lime. h):" such time as; such produ(:tlon shall continue, after the lease has entered a rental status, shall relieve the lessee froIll Lilly further payment of rentals for the balance of the prilnliry term Of the ]ea:~e for %vhiRh reutal has not b.,'en paid. Should such production cease, rental shall ('OlTll.~lence on the next allniv(.rs{lry dale of the lease. Renitd shall be paid oil lhe ba,sis of .t full year. and no refund will bc made ,.,f advance rel:tal paid in eoinpliam;e with the :,.,~ulations in this part. ~b~ Prior t.o the expiratioll of a ~el'm of a h.ase, the C,,.,a.e Tribal Council may, with t he apl)roval of the Superint,endent, and a lindmg by him that such action is in the best interest of tile Osage Tribe, :'.rant an extension of the term of the !ea:se l(w a t}eriod of riot to exceed six nlo!lt}l:, for the purpose of enablinFa the h,ss(;,e to drill a well to the Mississippi
,,/
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Case 1:99-cv-00550-ECH
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_2_L23
Chapter i--Bureau of Indian Affairs )verridin~ rodtiction part shall f .~ 171.26 ht":eafter l.ime unless oil o1" gas is found ill paying ,~uantitics at a lesser depth.
§ 183.46
ch he:nel;l[]l Ill('
ease fol'I]t : t,~rontendeng e drillin~ (3"dnion warrant : ever the irs shall es inadeaction he iliing oprepletion
2. OF pro-
~g quartthe Mis;uch pro:he lease A1 relieve yment of primary total has "eduction , on the le lease. of a full :le .of adwith the )f a Lerm neff may, almndent, .'h action .ge Tribe, of the ~ceed six bling the !ississippi
t
i
i
son in charge of drilling or related operations the, con, shall be considered the 2'd F, R 7133. Sept, 16, 1958',i repre:zentative of the lessee for the pur183.16 SvrrcT, dcr o.l h'a.¢e, The oil pose of service of orders or notices as h,,~ (.e may at ally time. by paying to the herein provided and service upon any such employee, contractor, or other ~erAuperuztendent the sum of one dollar. son .qmll be deemed service upon the Slil'i':'ll{i(}1" all or lily quarter-section or :ra,'ilonal part, of quarter-section where lessee,. 123 ~. R. 7134. Sept.. 1,8. 19581 he leas(? does net cover the full quarter,,,mien. and have the l(ase ca~,celled as ASSIGNMENTS *'O the ililld.s. Sill'!'clldel'ed: and be l eiwved from all fmther obligations and 183.46 Approval el lease instruh;,bilitles I1]preullder, As to the part sttr~llcllt~. * * * :('ndered: Provich"d. That if this lease d ' Occrrfding royalties. Agreements i::t.~ L'ecn recorded, tile l('s.-ee shall ex- creating overriding royalties or payments , (ulte a release and record the same ill out of production shall not be considered ~h,,' proper office. Such .-urr.,,nder shall as interests in the leases as such term is not entitle the lessee to a ~,,fund of the used in paragraph (c) of this section. unused portion of rental paid in lieu A~reements creating overriding royalties ,,.f development, nor shall it relieve the or payments out of production are hereby b'sst,e atld hls su,eties of any oblivation authorized and the approval of the De:.,,Wtll'FO~ prJ.ol" to sHch SlllTelldOl'. partrnent of the Interior or any agency -~-~~ F. R 7134. Sept IG, 195%'! thereof shall not be required with respect }{~\V TO A£'QUIRE LEASES OF TRIBAL LANDS thereto, but such agreements shall be 183.42 Rental permd a.itcr consent subject to the condition that nothing in ,,f NuperiT~tend,,'nt to begin ~,;~erations on any :such ag,eement ~halI be construed i~omc,;teads. ~Superseded I)3" § 183.4, 23 as modifying any of the obligations of the lessee, including, but not limited to, obliF R. 7134, Sept. 16. 1958! rations for diligent development and op183.45 Lc;-.~e("s pr(;('(',~:, vqcnl& (a) eration, protection against drainage, Before aeiuaI drillin.- or development compliance with oil and gas operating ~)l)el'atlons al'Q comme:nced Oil leased lands, ti~e lessee o1' assignee shall appoint regalations in this part, and the require:i local or resident representative within ment, for departmental approval before ttv,, State of Oklahoma. Oil whom the abandonment of any well. All such obli:Superintendent or other zttllho1"ized rep- gations are to remain in full force and e:,-entqtive of the Department may serve effect, the same as if free of any such notice, or otherwise communicate with royalties or payments. The existence of L'.a seeurin.e compliance with the regula- agre.xnents creating overriding royalties tions in this part. and shall notify the or l'a}'m~nts out of production, whether S-ui,e:intendent of tile name and post or ,lot act*dally paid, shall not be con,ffliee addresa of th., representative so sid:red as justification for the approval ~ ppointed. of abandonment of any well. Nothing ~b~ Where several parties own a lease in this paragraph revokes the require.iolntly. only one rel)resentacive or agent ment for approwtl of assignments and need be desianatcd, whose duties shall o~her instrument:~ which is required in be to ae~ *or atl parties concerned. this section, but any overriding royalties Designation of such representative )r payments out of production created :hould be made by the party in charge of by t]ne terms of such assignments or inoperations struments shall be subject to the condi,c~ In the event of the incapacity or tion stated above. Agreements creating overriding royalties or payments out of absence from the State of such designated local or resident representative. production need not be filed with the the lessee shall appoint some person ~,o Superintendent unless incorporated in assignments or instruments required to serve in his stead, and in the absence of such representative or of notice of the be filed pursuant to paragraph (c) of this appointment of a substitute any emsection. ployee of the lessee upon the leased I Paragraph (d) added, 23 F. R. 9758, Dec. premises, or the contractor or other per- 18, 1,9581 Page 23
Case 1:99-cv-00550-ECH
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Filed 06/30/2008
Page 10 of 11
§ 184.26
Title 25mlndians wa en th, t2; tie ex, liv pe th~ tie i 71: R ~UBCHAPTERS R-U~'WATER AND
Part 184reLeasing of Certain Lands in Wind River Indian Reservation, Wyoming, for Oil and Gas Mining
OPERATIONS See. 184.26 A. sl.:.:meP,s~ ,,,'- .'m,t(werrid:n._'.. r,~w:dties.. [ All:et:(ivd 184.26 A>:sionmcnts amt o,,'crr~.;cE~:1 royaltic,'. * * *
POwer RESOURCES
COl sh; ca,
SUBCHAPTER T~OPERATION AND MA!NTENANCI" Part 221--Operation and Maintenance Charges
COLORADO RIVER INDI-XN IRRIGATION l .xO., ZC'T. ARIZ( ~NA ktl:';D RI',!'.H IIII',II:,.-~'FI~:N I'[',~~;l,~'r \vY,~:d',N:.
Sec. 22 !.6 221.7 221.7a 221.8 221.8a
22I 9!:
('hitr~/~.:,. i t{c', b-,'(l }
Charges. IRevl~edi Excess water charges f Roviyed '~ Charges for struck water. { R,'w,ked ! Time c,f paymez.ts. IIRevi:edi Advance payment may be wlttve(l I Ret'oked } 221.8a, Water users respcmMb!e for water after deliver:.'. [ l{edesignat ed t 221.8b Water users respr,nslb!e f(w water after delivery. [RedeMgn-ited !
CROW INDIAN IRRIGATION PR(}JEC:T, Mt>NTANA
P,I ~,~ }~.F'~":~. IND!AN ."|~HIGAI 1~7"4 1 I ''!1 '"l .'.!f:N': ~ N \ [ }?1 \ I" It! ',
'22l 130 221 121 "2'21.!32
lktMc ass(,>: nit i:~. Excess x.~.:l~.r h>.~':-.
C'OLOR.~DO RI\'ER INDIAN IRI{IGATION p~(),~ E(T, A~IZONA ;~ ~_')'~1.6 Char.oos. PursuaIlt totht, proviMollS of t.hk.- acts of COll!gl'OSs al)Drovcd Auavst, 1. 1914, and March 7. 1928 ,38 Slat 583. 45 St at. 210" 25 U. S. C. 385387 ~, the annual basic charao against the land to whicll water can be delivered under the Colorado River hKlJ[an Irl~V':tim: Project ill Al:'izol:a, for ,.h _~ op('raIioll and maintenance of that project, is hereby fixed at 86 per irrigable acre. whether water is used or not. Payment of this chgu-~:o will entitle the water user to from six to ei.aht acre-feet of water per acre on certain sandy al'e.'.lS as tiescribed in a schedule on lilt at. the Colorado River Indian Agency and aw~ilable for inspection by interested parties, and to five acre-feet of water per irrigable acre on all other lands. With the approval of the Superintendent excess water may be allowed on certain alkali tracts at no additional charge for the purpose of reclaiming lands by the usual methods, such as flooding, leaching, etc. The foregoing charges and allotments of
221.12 221.13 221.13a 221.13b 221.13e
Chargos. [ Revised I Payment. [ Rt'vis~,d ! Big tU~rn Irri .~:,q t ion District; eh'~rges. [Revlsed ] Lower Little H~wn anct I/~(lge Ora~s Irrig;tt.ion District; charges. [Revised } Upper Little Ih,rn Irrig,,ati~m District: charges. [Revised]
]~LATttEAD INDIAN IRRIGATION PROdt' CT, .MONTANA
221 .!6 Charges. Jnoko Divisbm. ~ Hevised I 221.17 Char~_:ev, MlsM~'n V,,I~'V Slid CttIll/ts Divisions. [ Revised]
FLATltIFAD IRRIG.~ITION DINTRI{ T, FLATI{I..AD INDIAN RESKRVA'FION, MONTANA
221.24 Charges. [ Revised I
MISSION IRRIGATION DISTRICt, F'LATHEAD INDIAN IRRIGATION PROJELCT, MONTANA
221.26 Charges. [RevisedI
ffOCKO VALLEY IRRIGATION DISTRICT. FLATI-IEAD INDIAN IRRIGATION PROJF:CT, MONTANA
221.28 Charges. [Revlsed] Page 24
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!
List of Sections Affected All section., of Tith" 25 cff the Code of Fecleral Regulations which were affected bv documents published in th,' Ft.:DFR:,L Rvt, tSZl.:a during 1938 are enumerated in
t(w following list. The list includes amendatorv d¢wmnents codified in full in this Pocket SUlq~h'mcnt. It al~) includes document- which were revoked, superseded, or othcr~,-is," t,'rminawd duvin,.z t9:38.
1958 TITLE 25
t'a~e Chapter I : Part 1 : Prol)o.~ed rtHeS . 5439 Part 15: 15.25 ................. 942 Part 33 : 7106 33.4 ................ 4739 Part 45 .................... Part 47 : Proposed rules ............ 6775 Part 73 ..................... 1948 Proposed rules .... 1076 73.32 ................ 2026 73.35 ..................... 2027 Part 91 : 10123 91.20 ........................ Part 104 ................. 7942 Proposed rules ............. 2610 104.10 .................... 942 Part 121 : Proposed ruies ......... 1699. 7896 121.51-12t .57 .................6494 121.61 ....................... 6495 Part 130 .................... 1921 Part 131 : 131.3 ....................... 87 131.8 .................... 87 87 131.9 ...................... Part 132 : Proposed rules ............. 4456 Part 141 : Proposed rules .............. 9188 Part 163 : Proposed rules ....... 3601, 7181 163.1 ...................... 6495 Part 171 : Proposed rules ........... 3132, 3862, 5260.8732 171.2 .................... 9393 7068 171.3 ....................
23 F. Ft.
23 F.R. TITLE 25--Continued Page Chapter I--Continued Part 171--Continued 171.26 .................... 9758 Part 172 : Proposed, rules .... 3132, 7045, 8732 172.22 .................. 9758 Part 173 : Provosed rules .......... 3132, 8732 173.21 ................... 9758 Part 174 : Proposed rules ....... 3132, 8732 174.38 .................... 9/58 Part 183: Proposed rules ....... 3132, 5093 183.4 .................... 7133 183.16 ................... 7134 183.42-183.43 ............ 7134 183.46 .................... 9758 Part 184 : Proposed rules ....... 3132, 8732 184.26 .................... 9759 Part 217: Proposed rules ........... 9782 Part 221 : Proposed rules ........... 843, 1173, 2611, 3719, 4102, 9191 221.6-221.8a ............. 1255 221.8b .................... 1256 221.12-221.13c ........... 613 221.16--221.17 ............ 4002 221.24 .................... 5432 221.26 .................... 5432 221.28 .................... 5432 221.48a .................. 8055 221.95 .................... 1807 221.130--221.133 .......... 402 2 Part 233: Proposed rules ........... 7897 233.51 .................... 9207 233.53 .................... 9207 Appendix ................ 112
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