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Case 1:99-cv-00550-ECH

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_. oNAL c

FEll
VOLUME 23

° filSTEI!
¢-ONITED
NUMBER 181

Washington, Tuesday, September 16, 1958 TITLE 6---AGRICULTURAL CREDIT
Chapter ill---Farmers Home Administration, Department of Agriculture
5ubchap/er B--Farm Ownership ~ans

[:FHA Zustructton 443.1] PART 331~PoLIcr~s AND Au-n~oy.rrn~
LOAI~ INSD'RANCE CHARGES

(See. 41, 50 Stat~ 528, as ~ended; V U. S. C. 1015) Dated: September 10, 1958. H.C. SMrn~, Ac~fng A~mfnfstrator, Farmers Home AdminLstra~ion.
IF. R. Doc. 58-7539; ]Plied, Sept, 15, 1958;

CONTENTS
Agricultural Marketing Service Proposed rule making: Lemons grown in California and Arizona .... Milk in certain marketing
~lreas:

Page 7137

8:54 a. m.]

Section 331.9 (d) in TitIe 6, Code of Federal Regulations (21 F. R, 10446), is hereby amended in regard to Icon insurance charges on loans involving the deferment of the initial installment on the note, and to read as follows: § 331.9 Sources el ]und~s and terms of IOalZS. = * = (d) Loan i~suranee charge. Each insured loan borrower will pay a loan insurance charge in addition to principal and inter~t payments on his Farm Ownership loam (I) Initial loan insurance charge. Each insured loan borrower will pay on the date of loan closing an initial loan insurance charge, computed at the rate of one percent of the principal obligation on the note, covering the period from the date of loan closing to the first January I thereafter. ~2, Annual 7oa,~ insurance charge. Each insured loan borrower will pay an annual loan inzurance charge of one percent of the actual principal obligation remaining unpaid which will include the bahnee on the note and any unpaid advances made from the insurance fund on behalf of the borrower. Each annual loan insurance charge will be computed on the basis of the principal obligation remaining unpaid as of the date on which each installment on the note is due, and will be paid on or before the date the next succeeding installment is due. (In addition, £or notes with deferred payments, the annual Icon insurance charge will be established as of each January 1 during the period of deferment of the note ln~tallments and will be paid on or before the next succeeding January 12 Annual loan insurance charges will continue until the loan is paid in full or the mortgaged ,:property is acquired by the Government or until ~he contract of insurance Ls otherwise terminated.

¯ TITLE 19--CUSTOMS DUTIES
Chapter l--Bureau of Customs, Department of the Treasury IT. D. 5468~.]
PART 1--CusToMs DISTRICTS, PORTS, AND STATIONS PORT OF ENTR~ AND PORT OF DOCUME~TA. TION; MORGEN CITY, LA.

SEPTE~mER 9, 1958. By virtue of the authority vested in the President by section I of the Ac~ of August 1, 1914, 38 Star. 623 (19 U. S. C. 2), which was delegated to the Seccetary of the Treasury by the President by Executive Order No. 10289, ~eptember 17, 1951 (3 CFR 1951 Supp., Ch. :IX), 1~:organ City, Louisiana, is hereby designated as a Customs port of entry in Customs Collection District No. 20 (New Orleans) effective 30 days after publication of this Treasury decision in the ~DXm,.L REGISTER. The customs, port of ent{y at Morgan City, Louisiana, which .is hereby also designated a port of documentation, shall include the territory bounded as follows: Starting at a point where Deer Island Bayou enters the Lower Atchafalaya River, thence northerly along the St. Mary and TerreDonne ParLshes boundary lines to the point of interseCtion of the boundary lines of the parishes of Terrebonne, St. Mary and Assumption, thence along the east side o£ the boundary line of St, Mary Parish and Assumption Parlsl~ to the intersection of the boundary lines of St. Mary, .~ssumptlon, and St. Martin Parishes, %hence--w~sterly along the 1~nudary line of the Parishes of St. Mary and St. ~Martln to the west boundary line of Ward 4, St. Mary Parish, thence southerly on the wes# bane o£ the Wax Lake Outlet, Wax Lake and Wax Lake Pass ~d thence In a southeasterly direction along the meandoting shore line "of Atchafalaya Bay to the point of beginning. (Continued on p. 7133)

Cincinnati, Ohio, and DaytonSpringfield, Ohio .......... 7144 Inland Empire and Puget Sound, Wash- .......... 7136 Philadelphia, Pa ............ 7144 Puget Sound, Wash ......... 7135 Agriculture Department See Agricultural Marketing Service; Farmers Home Administration. Army Department Notices: Organization and functions of agencies dealing with public; _ OIIice of Chief Signal Of~eer_ ~145 Atomic Energy Commlss'ion Proposed rule making: Financial protection requirements and indemnity agreements .................... 7145 Civil Aeronautics Board Notices: Capital Airlines, Inc., postponement of hearing ......... V160 ¯ Commerce Department See Foreign Commerce Bureau. Customs Bureau Rules and regulations: Customs districts, ports and stations: M2scellaneous amendments__ 7133 Morgan City, La., designation as Customs port of entry and port of documentation_ '/131 Defense Department See Army Department. Farmers Home Adminisfratlon Rules and regulations: Farm ownership loans; loan insurance charges .......... '/131 Federal Communications Commission -Notices: Canadian broadcast s~atlons; list of changes, p r o p o s e d changes, and correetidns in assignments ................. '/153 '/131

HeinOnline -- 23 Fed. Reg. 7131 1958

Case 1:99-cv-00550-ECH
Tuesday, September 16, 1958

Document 309-38
FEDERAL REGISTER

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7133

ecutive Order No. 10289, September 17, CODIFICATION. GUIDE--Con. 1951 (3 CFR, 1951 Supp., Ch. II), the pa~e designation of Holeb-Jackman, Maine, as Title 10 a customs port of entry in Customs ColChapter I: lection D~trict 1~o. 1 (l~L~Lue and New Part 140 (proposed) ........ =_ 7145 Hampshire), i~ hereby revoked and a new Title 19 customs port of entry to be known as Chapter I: Jackmau, Maine, is hereby designated in 7131, 7133 Part 1 (2 documents) ...... said District, which port shall include the townships of Jackman, Sandy Bay, Title 25 Bald Mountain, Holeb, Attean, Lowell= Chapter I: 7133 town, Dennistown, and Moose River, all Part 183 ..................... in the State of M~ine. Title 50 Section 1.1 (c) of the Customs regulaChapter I: by deleting Part 32 (proposed) ............ '1134 tions is amended (E. O. 3609, "HolebMaine Jan. 9, Part 34 (proposed) ........ ~/134 Jackman, O. 4550, Dec. 8, 1926)." and 1922) (E. Part 35 (proposed) .......... ~/135 adding "Jackmau, l~L~ine (including the townshil~ of Jackman, Sandy Bay, Bald Mountain, Holeb, Attean, Lowelltown, The customs station and port of docuDennistown, and Moose River) (T. D. mentation at Morgan City, Louisiana, which is within the territory described 54683)/' in the column headed "Ports of above, shay become part of the port of:. entry" inDistrict No. 1 (Maine and New Hampshire). entry at Morgan City, Louisiana. Section L2 (d) of the Cus~ms regulaSection 1.1 (c), Customs regulations, tions is amended by substituting the amended as follows: name "Jackman" for "Holeh-Jackman" The first sentence of footnote 4 is in the eolumu headed "Port of Entry amended by inserting "and" immediately having supervision" opposite the listing preceeding the words "at BHoxi. Miss."; "Coburn Gore, Maine" in the column by changing the semicoIon hnn~edtately headed "Customs Statibn" in District following the words "(No. 19)" to a No.I. period; and by deleting the remainder of Customs officers are no longer stathe sentence. tioned in St. Andrews, New Brunswick, The t~bulatton of customs districts and Canada. Accordingly, the listing o£ cusports of entry is amended by adding toms offices in § 1.3 of the Customs regu"'Morgan City, La. (incIuding territory lations is amended to read as follows: described in T. D. 54632) :" in the appropriate place in the column headed "Ports o£ entry" in District No. 20 (New Orleans), Section 1.2 (d), Customs regulations, is amended bydeleting "Morgan City, La." St. John, New Bruns- Maine aud in the column headed "Customs Stawick (winter). Ne~ Hampshire. tions" and on the same line'-"New ~[antreal, Quebec..._ Vermont ...... Boston, ~a~. Orleans" in the column headed "Ports of Toronto, Ontarlo_~ Buffalo .... New York, Entry having supervision." N.'Y. Notice of the proposed designation of V~oT~g~y~'ish Washln~_. San Frane/~eo, Calif. Morgan City, La., as a customs port of Prince Rupert, BH~ish AI~ks ...... San Fraaci~o, Columbia. Ca~. entry was published in the FEDEaAL Rzois~r~ of July 8, 1958 (23 F. 1%. 5170), pursuant to the provisions of section 4 Notice of the proposed revocation of o£ the Administ~'ative Procedure Act (5 Holeb-Jackman, and- designation of U. S. C..1003). No objections to this Jackman as a customs port of entry was action were received. (MC 192-20.1) published in the F~L R~GIS~a of July 3, 1958 (23 F. R. 5093), pursuant to (R. S, 161, as amended, Pub. I~tw 85-619, 251; 5 U. S. C. 22, 19 U. S. C. 66. Y~terpret or the provisions of section 4 of the Adminapply sec. I, 37 Stat. ~34, sec. I, 38 Star 623, istrative Procedure Act (5 ~-.S.C. 1003). as amended, secs. 2, 3, 23 Star. 118, as No objections to this action were reamended, 119, as amended; 19 U. S. C. 1, 2, ceived. Inasmuch as railroad operations 46 U. S. C. 2, 3) have already been traus~erred from [SEAL] A. Grr~ORZ FLUES, Holeb, Maine, to Jackman Station, Ading Seerctar~ o! the Treus1~rF, Maine, it Is considered in the best interest of the public that this action be put in [F. 11. V.oe. 55-7503; FHed, Sept. 15, 1958; effect as soon as possible. ~'or this rea8:49 a. m.] sSn it is found that compliance with the effective date ~mttations of ~ection 4 (c) of that Act serves no good purpose. This Treasury decision shall therefore, be [T. D. 54683 ] effective upon publication in the ~VZRA~ PART I~CusTOMS DISIq~ICTS, PORTS, REGZSTE¢. (MC 192-1.1) S~A~IONS (R. S. 161, as amended, Pub. Law 85-619, 251; 5ZISCELLANEOUS A/~ENDMF-~S 5 U. S. C. 22, 19 U. S. C. 66. Interpret or apply see. I, 87 star. 434, seo. 1, 38 Star. 623, as S~ER 9, 1958. amended; 19 U. S. C. 1, 2) By virtue of the authority vested in the President by section 1 0£ the act of [SEAL] ~. GILMORE FLD'ES, Acting Secretary ol ~he TreasurY. Augllst 1, 1914, 38 Stat, 623 (19 U, S. C. 2). which was delegated to the Secretary [~ R. Doc, 58-750~; FLied, Sept. 15, 1958; of the Treasury by the President by Ex8:50 a. mJ

TITLE 2S---INDIANS Chaplet I--Bureau of Indian Affulrs, Deparfment of the Interior 5ubchapter Q---Oil ~nd Gas PART 183--LrJ~SI~O OF Osao~ RESERVATZON LANDS FOR OIL AND ~AS l~n~n~G ~A~M~ OF ANN~AL RENTAL ON OIL
GAS LEASES AND LOCKT~OI~7 OF LOCAL REPRESENTATIVES OF LESSEES AND ASSIGNEES -

On pages 5093 and 5094 of the I~VraAL REGISTER of Jtdy 3, 1958, there was published a notice of intention to amend §§ 183.4, 183.16, 183.42, and 183.43 of 25 CFR. The purpose of the amendments is to require that the annual rental in lieu of drilling on oil and gas Ieases on the Osege Indian Reservation shay be paid annually in advance, and to permit the appointment of a local representative of a lessee or assignee of an Osage oil and gas lease to be located any place within the.State of Oklahoma, instead of ~nly within the City of Pawhuska. Y-utm-ested persons were given an opportunity to ~bmit their views, data, and arguments concerning the proposed amendment to the commissioner o£ Indian Affairs within 30 days of the date of publieation of the notice in the :FEDERAL REGLSTER. NO objections were received. The proposed amendments to §§ 183.4. 183.16, 183.42. and 183.43 are hereby adopted as set forth below. These amendments are effective upon publicationin the I~EGz~L REGISTER.
ROGER ERNST,

Acting Secretary o/the Interior. SEP~E~mER 9, 1958. 1. The_present text of § 183.4 is amended to provide that rental in lieu of drilling shall be paid annually in advance and to read as follows: § 183.4 Dr/lHng obligations. (a) Lessee shah drilI at least one well to the Mississippi Lime, unle.~ oil or gas is found in paying quantities at a lesser depth, on the land covered by his lease, within 12 months Item the date of approv~ 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 lessor of rental at the rate of one dollar per acre per annum, payable annually in advance, becoming one year after-the date of approval of the lease. This lease shall terminate as to both parties unless such advance rental shall be received at the Osage Agency or shah have been marled as indicated by postmark, on or before the due date: Provided, That the time within which a weR shall be drilled shah not beg-in to run on any restricted homestead ~elect~on until the consent of the Suporinvendent to drilling on such homestead shall have been given, nor shah advance rental become due until the next anniversary date of the lease follow/ug the date of such consent: Prov~ded lurther, That the superintendent in his discretion may direct the drilling o£ any undrilled lease, if in his opinion

HeinOnline -- 23 Fed. Reg. 7133 1958

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RULES AND REGULATIONS

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7134 the interests of the Osage Tribe warrant: Prov~ed turther, That whe~ever the Commissioner of Indian Affairs shall consider the marketiug facilities inadequate to take care of the production he may direc~ the suspension of drilling operations on this lease. The~completion of a well to the l~sslppt Lime, or production of oil or gas in payln~ quantities from a lesser depth than the 1Vlississippi I~ime, for such time as such production shall continue,-after the lease has entered a rental status, shall relieve the lessee from any further payment of rentals for the balance of the primary term of the lease for which rental has not been paid. Should such production cease, rental shall commence on the n'ex~ anniversary d~tte of the lease. Rental shall be paid 6n the basis 6f a full year, and no refund will be made of advance rental paid in compliance with the regulati_ ons in this part. (b) Prior to the expiration of a term of a lease, the Osage ~-ibal Council may, with the approval of the Superintendent, and a finding by him that such action is in the best interest of'the Osage Tr~e, grant an extension of the term of the~ lease for a period'of not to exceed six months for the purpose of enabling the lessee to drill a well to the Misslss/ppi Lime unless oil or gas is found in paying quantities at aT~esse3 depth. , 2. The present text of §183.18 is amended to conform to the provisions of § 183.4 and to provide that no refund

of annuaI rental will be made if a lease the State of Oklahoma, on whom the is cancelled during the year, and to read Superintendent or other authorized representative of the Department may serve as follows: notice, or otherwise communicate with §~,~ 1~ -~ ~--~- b~ ~e -e ~.^ ^, ~e ~.~.co=~ ...... mn .... r.~alessee may at any time, by paying to the Lions in this part. and shall notify the .q,,~o~o~ ~ ~,,~ ~ o-~ ~Uar Super ten ant f the name and post .... a~ ~u ......... ~=~ ~e~Hon ~ o~ce address of th~ representative so ¯ ~+~,~ ~ ~f ~,o~to~ ~oetion ~ appointed. / the lease does not cover the full qu rter........ a ~ ~r~o~A ~=,o~ ~ ..... ~o section, and have the lease cancelled as .o~u~ .'o~v ....representative or agen~ ? 3 ~ Y, my one ~" ...... :~?'~ ....... +~ ÷~ ~as surr~aowa, ana b~ ~ designated, whose duties shah ¯" lieved from.~ll further.obligatmn~ a d n " ed ....... . . . - b ~o ac~ ~or an parries concernea. e liabiliMes thereunder, as to the part surD~.~oH~~ ~ ~, ~.~ ....... ~.H. rendered: Pro~de.~, That if this lease ............ ~='~'? "..."~.: ......... absenc~ from the Sta e of such des*g- __~_~ l-e-" .... ~d--~ r--r - -~-~fl no~........... of th-lessee ~o a re~un~ en~l~m ~ne ,ae unusea pore, on 0£ ren%~x p~tu ~ ~ u th e e ee s l ss hall app ~; some person r~ oint II of development, nor shall it re eve .......... the serve m ms s~eaa, anu m ~ne aosence g~ aesseeanumssure~esoz yo ...... an bli alien of such represe tative r of notice of the n"o ....... mcurreu pmor ~osuen surrenuer, appointment of a substitute any employce of the lessee upon the leased 3. Section 183.42 is deleted for thepremises, or the contractor or other perreason that its provisions are included in" son in charge of drilling or related op§ 183.4, as amended. "4. The present text of § 183.43 is erations thereon, shall be considered the amended to permit a local representative rdprese~itative df the lessee for the purof a lessee or assignee to be located any pose of service of orders or notices as place Within the State of Oklahoma inherein provided and service upon any stead o'f the City of Pawhuska. and to such employee, contractor, or other perread a~ follows: / son shah be deemed service upon the § 183.43 Lee~ee's ~roeess ¢zgc~so (a) lessee. Before actual drilling or development (See. ~, 34 SLat. 54~) operations are commenced on leased [~. R. Doc. 58-7492; ~Filed, Sept. 15, 1958; lands, the lessee or assignee shall appoint 8:47 a. m.] a local or residen~ representative within ecute a release and record the same in

DEPARTMENT O~ THE |NTEP,|O~
Fish and Wildlife Servlce

date of pub]icatio~ of this notice in the
FEDERAL_I~EGISTER. ,

Dated: September lO, 1958. - D. H. JA~Z~, [ 50 CFR Part 32] D~rec~or, "~_s~o~mGo N~o~ ~rz~.z~ R~, B~re~u o! ~V~or-~ F~r{es a~d W~d~I~. O~z~zo~A § 32.169 Hu~ng 9erm~'ed. Subject ~17N~NG to compliance with the provisions of ~0ttce is hereby given that pursuant to Parts 6, 18, and 21 of this chapter, the the authoriLy contained in s~tfon 10 of hunting of migratory game bird, s and the Migrator7 Bird Conservation Act of resilient g~me birds and mammals ~s perFebruary 18, 1929 (45 Stat.-l~4; .16 mimed'on the hereinafter described lands U, S. C.'~15D, and under authority dero0£ the ~ishol~ngo National Wildlife gated by Commissioner's Order 4 (~ Refuge, Oklahoma, subject to the follow~. R. 8126), it is proposed to add § 32.169 ing conditions, restrictions, and re~luire[~. R. Doc. 58-7489; :Filed, Sept. 15r 1958; to Subpa~t~-Tishomingo National Wildmanta: 8:4G a. m.] life Refuge, Oklahoma, TiMe 50, Code of (a) Hu~f, ing are~. "I'Ve following deFederal Regulations, to read as set forth scribed area is open to hunting: in tentative form below. The purpose of All of the ls~ads o£ the Ti~homln~o National this amendment is to provide for the Wildlife Refuge lyin~ wes~ o£ old State Hlg~hunting of migratory game birds and way No. 99. resident game birds and mammals on (b) ~afe Z~ws. Strict co~npliance certain lands of the Tiahomingo National with all State laws and regulations is re-Wildlife Refuge under certain limitations qulred. and subject to compliance with the laws (c) TLulz.~g dogs. Hunting dogs, not and regdlations of the Sta~ of Oklato-exceed two per huhter, may be used Notice ls hereby given that pursuant to " hom~ for the purpose of hunting and retrleving, the authority contained in section 10 of Interested persons may submi~"in dubut such dogs sl~I1 not be permitted to the Migratory Bird Conservation Act of plicate written comments, suggestions, or - February 18, 1929 (45 SLat. 1224; 16 run at l~rge on the refuge. objections wltl~ respect to the proposed U.S.C. 715i), and under authority dele(d)" Us~ o/bo~s. Subject to the proamendment to the Director, Bureau o£ gated by Commissioner's Order 4 (22 visions of Part 6 of this chapter, the use Sport Fisheries and Wildlife, ~Vashing1% I%. 8126), It is proposed to add to of boats for %he purpose o~ huntiDg is ton 25, D. C., within thirty days of the
!

permitted: Provided, That the use of a~rthrust or scull boats is prohibited. (e) Chec~'~zg s~a~/o~. Hunters, upon entering or leaving the hunting area, shall report at such checking stations as~ may be established for re~°-~lating the hunting. (f) ~tgfe coo~crs~io~. State cooperation may be enlisted i~ the regulation, management, and operation of the public hunting area, and the StaLe may promulgate such special regulations as may be necessary for such regulation, managem~nt, and operation. In the event such State regulations are promulgv, ted, compliance therewith shall be a requisite to lawful entry for the. purpose of'hunting.

HeinOnline -- 23 Fed. Reg. 7134 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

Case 1:99-cv-00550-ECH

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Cite this Pocket Supplement 1958 SUPP.
/hug: 25 CFR, 1958 SUPP., 15.25

Page xv

ill II

~.J[_

IIII III i

I

I

II I I IIII

I 11 ¯ I

¯I¯I

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§ 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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_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

Document 309-38

Filed 06/30/2008

Page 8 of 8

!
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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