Document 309-34
t>~\ONA L ~q/?C
Filed 06/30/2008
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Washmgtonr Friday, December 30, J955
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TffLE 3---THE PRESIDENT
EXECUTIVE ORDER 10649 ~u~m~Z~T OF ]~cun~E O~ l~o. 10153 = P~_.s~mG P~EcoZ~ozcs ~I~TING TO C~tTAI~ Taa~ ~ oF ~ERS OF ~ U~ORnU~D SERW~T~ CALLED To ~c'zz~ ]DOz~ z~ EXCESS oF TmRTY D~s By mrtue of and pursuant, to the ~uthori~y vested m me by the first; proviso of subsection 201 (e), Career Compeusa"lion Act of 1949 (63 S~at. 807; 37 U. S. C. 232 (e)) as amended (subsection 2 (2) Career Incentive ~ct o£ 1955 (gublio Law 20, 84t~ cong., 69 Slat. 19)¯ Act, of July 12, 1955 (Public I~w 144, 8~th Cong., 69 Stz~. 294)), and as Pzeszdent of the United States and Commander m Ctnef of the Armed Forces 0£ the United S~at~, it is ordered thab Executive Order No.'I0153 of Augus~ 17, 1950, 15 Federal negater 5492, be, aud It hereby, amended as follows: 1: Sections 1 and 2 are amended to read: SEt.ON 1. For travel from home to first, duW station, m case travel by public tmnspor~tion zs authorzzed, the travel time mcluded as active duty shall be based upon actual and necesmry schedules wlnch mo~ near].v comrade ~rRh the possible time of departure and arrival by the mode of tran~ortation actually Ben.-m~ rau~wal ca~a.__~ 10121 used, or by public surface transportation if the travel ~s actually performed by TITLE 7--AGRICULTURE Inc., and Tran~ World Atrprivate conveyance without having ~0een lln~, Inc., polar xout~_ 10121 specifiea]lY authonzed~ In case travel Chapter IX~Agncuffural i'Aarkoting ~cven Sf~te~ ar~ inv~d~aby private conveyance ~s specifically auServ,ce (Marketing Agreements and lion- ........ 10121 thorized and the travel ~ so pe~ormed, Orders], Depadment of Agnculturo Commerce Dopadment the travel time ~cluded as active duty PART 96~--Dau~ l~Gs Pn0VVCL'V n~ Sc~ Civil Aeronau~tc~ A~shah be computed on the bas~s of one CAZ~'or~T~ ~on; Z£..~R, lme AdminL-tr'~Ion. day :for each three hundred miles traveled, a~d one day of travel time shah AI)~[INISTRATIVE EOIT.S A~D P~OOEDU~-S Customs Bureau also be allowed for each fracUon of three l~n~urmt, to Marketlng Agrc~.ment, ~To. Rules and re~--mlatio~.~: Transportation in bond ~ud hundred miles m excess o£ one hundred 123 and Order No. 64 (20 ]P. I7,. 1665) merotmndt~eintro~o~. : 10111 and ~ty miles. The distance traveled re~-ndating the handl~g of drlcd fi~s shall be computed on the barns of dls- produced in CalLfornia, effecHve under Federal Credi! Unions Bureau taness established by the o~cml mileage the Agricultural Marketing !Ls~re-ement Rul~mzdzeLm]ntions: tables m use by th~ uniformed serwces. Ac~ of 1937, as amended (7 10'. S. C. 601 Credit, unions c~P~e~ed by DL~trlo~ of Columb~ ..... 10113 Travel. by private conveyance shah not, et seq.) the Dried Fig Admin~tr~tlvo be specifically authorized in any case m Committee, the ndmlnlstrative o~ency Federal Power Comm~ssmn winch the call to active duty is for a for pro~Tam operations, 1ms ~mltted, ~otJces: approval of the ~ore~y of A~rlHc~Hngs, e~e.: period of less than ninety consecutive for the an amendmenf; of § 964.I51 (o) c~It~re, Arizon.~ Publto Service Co-... 10119 days. (3) of the udmh~trative rules and proAr~.~ ~tIP.1 Corp----- 101Ig (Contlnucd on n~t pace) Caho~ C~/hon Co. et ~1_~ 10119 =3 ~ ~950 Supp., p. 114;-15 F. ~ 5492. 10095
Snc. 2. For travel from ~ dut~ ~taCONTENTS lion to home, In case travel by publlo transport~tlon is authorized, the travel THE PRESIDENT time included as active duty shah I;9 based upon actual and n~ ~P.hedExecutive Order ~'~'~e ules which mos~ nearly coincide ~vlth the Rc..%,u~t~ons relatin~ to po~ible time of departure and arrival by tmv~ time of m~n~r~ of unlpublic ~face tr~usport~tion, without, formed c.orHc~ coiled to ncttve zegard to the actual performance of such duty In exc~s of thirty day~; travel In case travel by pflvate conamendmenb of ~. O. 10153~ 10035 veyance is specificagy authorized, the EXECUTIVE AGENCIES travel time included as active dut~ ~h~ be computed on the b,-~L~ of one dny for Agncuilural /,larkelln~ Service each three hundred mlI~ traveled, and Ru]ez and re3ndaflon~: one day of travel time ~ a~o be al- Dried ~ produced in Co,_Rlowed for each fraction o£ three hundred foz~, ~dmlnL~tlve zu]es miles in exce~s of one hundred and flfW and prccedur~ ....... 10095 miles, without regard to the actual performance of such travel. ~ne dl~t~uco Ag,culturo Depadment ~om lash dutY station to home ~lmll be ~co .~o Ao~rtcultural ~ar~kettng Service. computed on the b~t~ of distance3 e.~tabllahed by the official mtleage table~ D~.~gnatton of are?_~ for emerm use by the uniformed ~ervlc~. Travel gency looms: by private conveyance v.hall not be specifically authorized in any ca~e in ~.hlch Economic; ~or~h CaroIinz~_ 10116 the call to active duty Is for ~ period of Production: less than ninety consecutive day~. ~l~L~'~3ipp[ 10117 VTa~nin~Lon m~d O~egozL_ 10117 2. This order shall become ,~ec~ve on January 1, 1956. Civil Aoronaulics Admm~slralion Dv~G~r~ D. ELs=~ownt Rul~ and reZulaflon~: ~Ym~ Ho~, Re3h-lo[ed oxe',~; alterations_._ 10111 December 28,1955. Civil Aoronaulies Board
HeinOnline -- 20 Fed. Reg. 10095 1955
Case 1:99-cv-00550-ECH
Friday, December 30, 1955
Document 309-34
FEDERAL REGISTER
Filed 06/30/2008
Page 2 of 13
16097 amendment for ~z~ d~ys. or any lesser be held to the minhnum ar~ th~ ~uch acHon r;ou]d be in the b~_~ pe~od, wrier publication in the N~_~ e~ential for oper~tien~, and In no event Interest of the Oza~e Trl~e, the Sup~.rI~zs~ (see section 4 of the Admm,s. she11 exceed one and one-troll uercs in intendenb n~y ako e1~rove an a~e~. tmtive Procedure Act; 5 U. S. C. 100I area. Les~e shah also p~y tank ~te and the Ie-~ et seq.) m that: (1) Sh~pment~ into fees a~ the rate Of $20 per ta~ of no~ men~ b~b~,een the l~or t'bla~et l~.~e) rescinding- a trade channels of sliced dried figs and exceeding 1,000 barrels c~p~ctty" Pro- ~ee(s) r~-torin~ to unit o~ st~tu~ m~d their fig paste currently are being made, to videO, however, ~at no tank alto fc~ the Form B 1~ theretofore merged ~vhzch the prowsmns of the amendment shah be Paid for a tar~ temporartly ~e~ In the un~ le~e: /~rorfded, Tt~b ~ o~] should apply- (2) unt~ the amendment on a welllocation site for testtng purpo~ b~.% produced In ImTin~ quanttti~ becomes effective, reliance must be dunug the completion of the well Tau~ on n p~.tt~cuI~r qu~rte~ seof~on trac~ on placed on voluntary use o£ head coun~ ~it~ shall be held to the minimum ~ date of approval of ~ach n..~-;~eemen~, the tests for znsects m the case of dried figs e~senfla] to eMelent operation% and in the l~-~ce ~ ba entMed to hold such of the ~ variety being prepared no event shall exceed an area of 50 fceb tract under the tenn~ of the en~i as sliced dried figs or fig paste: (3) square per tank. The~un to be p31d for Form B le~e ~o ]on~ as oll Is Produced clued fig handlers, who are represented an oll tank site of latimer capaclty and on ~dd tmet in p~.yln~ ~tifie~. on the commlbtee, and the Dried l~uit occupying a grater area ahall he § 180.51 Wel~ Iocuffo~ ]eea. = * * ~.~soczafion of Caiiforms, the m~eetlon agreed upon beLwee~ the su~aee owner (b) ~ere the ~Lrface ov~.er is ~ reagency for the program, know that the and the levee, and on failure to aSTee, amendment has been unanmlously ap- the same ~hall be fixed by arbltmtion. stricted Indian. adult or minor, ~,e]l laotian fee shall h3p~d to the Sup~=uproved by the commICLee and may be zssued; and (4) the c]rcums~nces are § 180.30 ~.~re~,zt o! g~. Gas tondent of the O~e A~-~en~ for such such that handlers do not need any fur- of all Idnds (except gas u~ed for pur- Indkm. All other surface o~n~. whether Indlaus or white, shall be I~d ther advance notice to prepare for comon the pTL£~Ce ~f~ the prow~ons of the amend- poses of productionsubject l~eheld or or tendered such fee3 dlre~ and where to royulty, ment. Ib ~ zmpemtive that th~ action unavoidably lost) is measured by meter~uch surfac~ owner~ are no~ ~es~denEs and all gas shall be be made effective on the date on winch (pre~e~b~ of the ormce-meter t~,po) of O~ge County nor have a zepre.=-~mtatins order ]s publL~ed m the F~D~ unless o~e~v~e agreed to by the Super- uve located therein, sue3~ pa~znents shalt b~ made or tendered by chec~ po~t~e mtendent~ All gas meters must be ap- Preputial, to D~.~"¢ ~mown eddze~ o~ s~zd proved by the Superintendent and In- ~uface ~wnar a~ l~,..~ 5 d~ys b~o~ com(See. 5, 49 Stat. 753, as amended; 7 U. S. C. 608c) st~ed at the expense of the le=ca at mencin~ drfll~ op~mffon~ on troy well: such places as may be agreed to by tho Provided, ~nat ~hauld the l~ee be unEP~ted: December 2% 1955. Superintendent. :For computing the able to r~:h the owner of the surface [SEAL3 ROt W T.a~z~.~csoz¢, volume of all gas produced, ~old, or ~ub- et the Innd for the ~z~o~e of tenderm~ Deputy AcZmrr~ator 3ec~ to royalty, the standard of pre~'ure fee, J~'ar~cffng ~'ermces. shall be 10 ounces above an atmo~'Pherlcthe location lnnd or if owner o£ the surface of the u~on b~ng t~udered the pre.~ure of 14.4 pounds to the ~quaro location fee by the levee. ~ z~fus? to [P. 1~ Doc. 55--10466; ~led. Dec. 29, 1955; inch, re~rdle.~ of the atmospheric 8:51 e~ ~zL] accept the ~me, the l~ee may tender pressure at the point of measurement, the location fee to the Sup~tendenb and the standard of temperature ~ bo of the Oz~-~e ,&~. eno'~, ,mac]. tf the l~xee 60° F. All measurements of gas ~holt and the Sup~rtntende~h ahr~l a~upon TITLE 25--1NDIANS be adjusted by computation to the~a the amount of the laotian fee. the levee Chapfer [--Bureau of/ndlan Affmrs, standards, zegardle.~s of the pr~ ~ho33 depa3~t mzc~ m~olm~ ~ the SuDepaflment of the Infenor and temperature at which the g~ ~ns p~te~dent for p~yme~b to the o~er actually mea.~ed, unle.~ otherwke au-of the surfac~ of the ].~ud u~o~ demand, Subchapter R----ie-ses ¢md Sale of Minerals, thorlzed in v~iting by the Superintendand the Super',ntendent shall thereupon R~trided Indian Lands Onto adv~e the owner of the surface o~ the PART 180---~U OP OSAGE IqY~SERVA~ION §180.46 A~prova! o] ~ea~ i~tr~- l~ud by mall at his ]as~ known ~ddr~, .T.~DS ~OR On.~ Gas ]~o~u that the Ioc~tion fee ~ b~Lu3 held for p~yment to him upon 1~ z~lu~-t. Z~5~US ~TS Co) U~tfzaHon of o~! ~. As cozlslderati0R :[or tllelr fur~er develThe regulations m th~s part are opment by the water flood Pmc~, two amended as follows: Cr,~z~cz A. D.wzs, or mote all leases may be united and Acting Secref.m'U oI fire Inferrer. § 180~5 U~e of s'ux.fcce ~nd~; ~e~le- merged in a sln~le blanket le~e with the ~n~at oJ damages to la~ a~ crops. (a) approval of the Superlntendent~ 'l~a DEC~I~ER 22,1955. Lessee shall have the r~ght to use so mstrmnent of unitization (bl~nhet ~=~led, much of the surface of the land as may lease) shall include all the requfrements[P. ~ D.~ G5-.1~434;a. m.] Dee. ~, I955; 8:4G be necessary for operations, including and provisions of scollops numbered .the right to lay an&maintain p~pe ltue~, 1, 5, 6, 7, 8, 9,10, 11,12,13,15,16,1% 18, telephone and teleg~ph lines, pull rods 19 and 20 of O~age oR le'~e For~ B: TITLE 26---INTERNAL REVENUE, and other app1i~nces nece~arY for the Pro~d.ed. That the pre~ble of Form 1954 ol~ral~on of the wells; also the right of B and the provisions of secUonnumhered mg~e~ and egress and the r~ht of wry 2 in respec~ to royalt7 rate~; ~ctlon Chapter I--~nlernal Revenue Service, to ~uy point of operations under condi- numbered 3 In respect to paTment of Depadment o~ the Treasury tion of leas~ m~ury and mconvemence to rental; section numbered 4 In red-pact to the o~ner and occupan~ of the mLrface. payment of well slte and tank location Sub~haplcr C~p~oTm~n~ 7=xe~ Lessee may use water from streams and fees: and section numbered 14 l. r~pcct [T.D. ~Sl ~tural water courses for lease opera- to the surrender of the .leo~e, may be tlons as set out m § 180.57, Before eom- modified and/or supplemented by the P~nz 31-- ~E~_u~o~z T~ns; o:z ~m ~ ,,T.~,zu~:~" I, 1955 menc~g operations lot the drilling o£ parties, with the approval of the Superany-well the lessee shall pay to the ~-ur- mtenden~, to the e~tent deemed approOn Octo'cer 12, 1955, ~ notice of proprz~te for the equltnble and c~clentposed rude m~ddn~ reg~rdin~ the reguface owner the sum of $200 for each we]]: located on cultivsted laud (tilled or conduct of unitL~ed operations, and no~ lations under ~ections 3~01 (el, 6001, cultivated within the m~Led~t~ly pre- otherwise in conflict with the re3u]ations and (;051 of the Intez~l Revenue Cede ceding-three years, and mcluding l~y- mthlsp~xt. I~_~ee(s) ~ludl, b~fore com- o£ 195~ was putted in the F~D~. meadow ]and) $150 for open pasture meneln~ water flood operations, nnd on P~G]~ (20 ~. R. '/610) in order to pro~.nd, and $100 for such location on brush or before December 31st of each ye~ vide rules ~lth re~p~ff; to p~.~nents made -or wooded lands, ,and other lands not thereafter, submit to the Superinten- ~ter December 31,1955, of ammz-ta ~bsuitable for cultivation. Upon payment dent an acceptable plan of development ~ect to faction 105 (¢D of the 1954 Cede. of such loc~flon si~ money, lessee shaH" and operation for the unit area. for the ~ter co~de~tion of the zele~f~ m~be entitled to po~ess~on~ Location sites ensuing year. Upon a finding by ge~Llons pre~ented by interested p'a~es
HeinOnline -- 20 Fed. Reg. 10097 1955
Case 1:99-cv-00550-ECH
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CUMULATIVE POCKET SUPPLEMENT
CODE OF FEDER/ ,L REGULATIONS
Title 25-Indians
AS OF
JANUARy
For changes on and after January 1, 1956, see the daily issues of the Federal Register
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§ 171.20
Title 25---Indians
Sea.
§ 171.20 Liquor clause. All leases or Indian owners, with the approval of the permits issued under tills part shall conCommissioner, Bureau of Indian Affairs, rain liquor and morality provislo.~s as or his duly authorized representative, for public, religious, educational, recreafollows: tional, or busines:~ purposes, including The lessee (permlttee~ further agrees that the development or utilization of natural he will not use or permit to be used any resources in connection with operations part of said premises for any unlawful conunder such leases, except oil and gas duct or purpose whatsoever: that he will not use or permit to be used ar, y part of and other minerals. All leases so said premises for the manufacture, sale, granted shall be for a term of not to exgift. transportation, drinking or storage of ceed twenty-five years, but may include intoxicating liqtlc.rs or beverages m violation provisions ~tuthorizing their renewal for of existing laws rela~ing thereto, and that an additional term of not t~) exceed any violation of this clause by the lesse~ (p.rmlttee~ or with his ~nowledge, shall twenty-five years. Restricted allotments of deceased Indians may be leased under render this lease voidable at the option of tim Superintendent. this section, :or the benefit of their heirs [19 F. R. 7998, Dec. 3, 19541 or devisees, in the circumstances and by the persons prescribed in the act of § 171.30 Navajo and Hopi lands. July 8, 1940 ~54 Star. 745, 25 U. S. C. Any restricted Indian lands owned by the Navajo Tribe, members thereof, or asso380). ciations of such members, or by the Hopi (R. S. i61; 5 U. S. C 22. Intrrpret:s or applies Tribe, members thereof, or associations sec. 5, 64 St.at. 46; '25 U. S. C. 635) [ 19 F. 1R. 2393, Apr. 23, 195~tJ of such members, may be leased by the
18067 180.84 180.88 180.69
PEN.
180.91 180.93 180.95 SoL-ff Pocket Mar. 2 § 18 words and r the m tende: Oklai~ Agent persol ager, c his dt regul~ as In~ may I the It dian .~ tions of tin eorpo: is ms part. corpo: under § I~ Royal gas i~: pay o tende sum o from for fu Osage of th~ shall meat mova] arem
SUBCHAPTER R~LEASES AND SALES OF MINERALS, RESTRICTED INDIAN LANDS Part 180---Leasing of Osage Reservation Lands for Oil and Gas Mining
S~C. Sec.
180.30 180.39
Meast,remen¢ of ga.~. iRevi~v¢! I
HOW TO ACQI/IRE LEASES OF TRIVIAL LAND6
180.1 180.2 180.3 180.4 180.5 180.15 18o.1"/ 180.19 180.20
Definitions. ]Revised]
OIL MINING LEASES
Royalty payments. [Revisedl Government reserves right to purchase oil. [Revised| Drilling obligations. [Revised] Use of surface lands; settlement at damages to lands and crops. I Amended } [ReGas for operating pttrpoees. vlsedl Form of payment. [Revised] Penalty for violation of lease terms. [ Reviled l Bonds. [Revised]
GAS MINING LEASF~
Sale~ of oll leases and gas leases; leases to be sold at public auction. I "..~eviled ] IS0.4~ Corporations and corporate showIng. l Revlsed 1 :~0AI How to acquire permission to begin operations on homestead allotmcnts. [ Revised l 180.42 Fuental period after consent of Superintendent to begin operatlons on homes.teads. I[Revised ]
~*'IGNMENTS
Approval o:f lease instruments. IRevised] 180.47 Filing of assignments and drilling contracts, lRevised ]
OPERA'I~ONS
180.46
180.28 Contracts for the sale of gas for 180.~ Commencement of operation. [Reindt, strial purpo6es. [Revised] vised l linqiZ,~JtTION OF OAsn~rG°F.~,AD GAB, W~:N IDLED 180,51 Well lOCation fees. [Amendedl rOt ~ ,,-~^c'='mm or GASOLINE P,~'~RS AND DUTIF~ OF ENSP~roR~ 180.24 Royalty on casing-head or natural 180.59 Duties of inspectors. [ Revised ] gasoline, butane, propane, or other liquid hydrocarbon substances exRE~WIREI~[ENTS OF ~s tracted from gas, drip gasoline, or 180.64 Plats showing location of wells. other natural condensate. [Re[ Reviled ] Page 70
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Chapter ImBureau of Indian Affairs app.~vai of the Indian Affairs, ,resentative. for tional, recreaoses. including Ltion of natural rith operations )t oil and gas Ml leases so -~ of not to exit may include ~ir renewal for not to exceed .'ted allotments m leased under t of their heirs ;tances and by n the act of 5; 25 U.S.C.
rprets or applies ~C, 180.67 Notice prior to removal of casing. I Revised ] 180.84 Plugging to be approved by inspector. [ Revl~ ] 180.88 Division orders. {Amended|
§ 150.3
635) |19F. R.
STRICTED
i Revi:;ed ] TRIq~AL LANDS md gas leases; public auction. )rporate rdaowIssion to begin mestead allot° r consent of begin operas. {Revised!
¯ uments. [Res and drilling
11
)eratioz~. IReAmended l
[Revised l Ion of wellm.
ment shall be based on the actual selling price, but at not less than the highest posted market price m the Mid-Continent oil field on the day of sale or removal: Provided, That when the quan180.89 Use of timber from leased lands. tity of oil taken from all the producing wells on any quarter-section according { Revised ] to the public survey, or fractional quarrE~AL~F.S Fog wo~=o~ oF Rz~v~o~s ter-section if the land covered by the I RZVXS~ l lease does not include the full quarter180.91 Amount of penalties. secticn, during any calendar month, is sufficient to average one hundred or FORMS more barrels per well per day, the royalty 180.93 Forms. [Revlsedl on such oil shall be 20 percent. HEa~,~GS AND a~V-aLS [~D~] (b) Royalt:y on oil produced by the 180.95 Hearings and appeals. water flood :process. When the esti:mated reserves of oil recoverable by priSOURCE: §§ 180.1 to 180.95, set forth in this ',mary and/or gas injection methods from Pocket Supplement, appear at 17 F. R. 2602, a specified sand or sands have been deMar. 26, 1952, except as otherwise noted. the lessee § 180.1 Definitions. The followingpleted or partially depleted, agree upon :and the Tribal Council may words or terms when used in the lease a new royalty rate to be approved by the and regulations in this part shall have Superintendent, the sum to be not less the meaning show1~ in this section: than 12~/h percent of the gross proceeds (a) Superintendent. The Superinlrrom sales of oil produced by the water tendent of the Osage Agency, Pawhuska, flood process after deducting the oil used Oklahoma, in charge of the Osage for fuel in operating the lease, unless the Agency and Reservation, or any other C)sage Tribal ,Council, with the approval person who may be in charge of such of the Commissioner of Indian Affairs, agency and reservation, and it shall be shall elect to take the royalty in oil; payhis duty to enforce compliance with the ment to be made at time of sale or reregulations in this part. moval of the oil, except where payments (b) Inspector. Any person appointed are made on division orders, and settleas Inspector of oil and gas wells, or who ment shall be based on the actual selling price, but at not less than the highest may be designated by the Secretary of the Interior or the Commissioner of In- posted market price in the Mid-Contlnent oil field on the clay of sale or redian Affairs to supervise oil or gas operamov~l. tions on OsaTo~d;tds under ~!--e direction of the Superintendent. (c) Royalty in kind. Should the lessor, with the approval of the Com(c) Oil lessee. Any person, firm, or corporation to whom an oil mining lease missioner of Indian Affairs, elect to take the royalty in oil, the lessee shall furnish is made under the regulations in this free storage for the royalty oil for not part. exceeding 30 days. ~d) Gas lessee. Any person, firm, or § 180.3 Government reserves right to corporation to whom a gas lease is made purchase oil. Any of the executive deunder the regulations in this part. partments of the United States GovernOXL MINrNG LZAS~S ment shall have the option to purchase at the highest ]posted market price on the § 180.2 Royalty p a y m e n t s--(a) day of sale all or any part of the oil proRoyalty on oil produced by primary or gas iniection methods. The lessee shall duced under any lease. The Commispay or cause to be paid to the Superinsioner of Indian Affairs may impose tendent, for the lessor as a royalty, the restrictions as to time or times for drillsum of 16% percent of the gross proceeds ing of wells and as to the production from sales after deducting the oil used from any well or wells when in his judgfor fuel in operating the lease, unless the ment or the Judgment of his representaOsage Tribal Council, with the approval tive. such action may be necessary or of the Commissioner of Indian Affairs, proper for the protection of the natural shall elect to take the royalty in oil; pay- resources of the leased land and the inment to be made at time of sale or re- terests of the Osage Tribe of Indians. moval of the off. except where payments and in taking action, the Commissioner are made on division orders; and settle= may take into consideration, among Poge 71
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§ 180.4
Title 25--|ndians § 180.5 Use o/ surlace lands: settlement o/dame.des to lands and crops. ,a Lessee shall have the right to use so much of the surface of the land as may be necessary for operations, including the right to lay and maintain pipe lines. telephone and telegraph lines, pull rods and other appliances necessary for the operation of the wells: also the right of ill:.'re:
other things, Federal labs, State laws, or regulations by competent Federal or State authorities or lawful agreements among operators regulating either drilling or production, or both. § 180.4 Drilling obIi.oations. (a) Lessees shall drill at least one well to the Mississippi line, unless oil or gas is found in commercial quantities at a lesser depth, on the land embraced in their leases, within 12 months from date of approval of leases, or the leases may be held for the full 5-year fixed term without drilling, upon payment of rentals to the Superintendent for the lessor at the rate of $1 per acre per annum, or a proportionate part thereof for each 3 months' period a lease is held and a well is not drilled, such rental beginning twelve months from date of approval of lease: Provided, That the time within ~nich a well shall be drilled or rental paid in lieu of drilling shall not begin to run on any restricted homestead selection until the consent of the Super'intendent to drilling on such homestead shall have been given: Provided, That the Superintendent in his discretion may direct the drilling of any undrilled lease, if in his opinion the interests of the Osage Tribe warrant. Should the lessee elect tw surrender his lease before the end of any such yearly period without drilling a well thereon, he shall pay the rental of $1 per acre for the fractional part of the year the land is held and a well is not drilled, and failure of the lessee to pay such rental within 25 days from the expiration of any yearly period during which such well is not drilled shall be cause for cancellation of the lease by the Superintendent, but such cancellation shall not release the lessee and his sureties from the obligation to pay such rental: Provided, Iurther, That whenever the Commissioner of Indian Affairs shall ronsider the marketing facilities inadeq :~te to take care of the production he n,av direct the ~u~pcn~'.on of drilling operations on any lease. (b) Prior to the expiration of a term of a lease, the Osage Tribal Council may. with the approval of the Superintendent, and a finding by him that such action is in the best interest of the Osage Tribe, 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 Mississippi Line unless oil or gas is found in paying quantities at a lesser depth. Page 72
shall i check § 18 terms. condor tions : to ell or th{ 8500 I terms are vi intern compl
canoe
perin~
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oral the le heari: lease whic.~ Supel § 11 furni lease. prcse
sure[
ecute slim or fered That O, o they of a bond ~b to in, in m inter (c~ prep~
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.~ 180.15 Gas for operating purposes. The gas lessee slmll furnish the: off lessee sufficient gas for drilling and operating purposes at a rate to be agreed upon. or on failure to a.~ree the rate shall be fixed by arbitration: Provided, That the oil lessee shall make necessary connections between the well and the meter whenever possible. §180.17 Form el payment. All amounts due and payable under a lease
assig or tl sent bond form the ] §I /or trae! purr the pric( mesi Sup( the
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Chapter I~Bureau of Indian Affairs 'lands: settlend crops. ~a :~.ht to use so m land as may .ons. including tain pipe lines. tines, pull rods 'essary for the ~o the right of e right of way s under condiconvenience to aI tile surface. n streams and r lease operaBefore corn"he drilling of ,ay to the sur[I for each well nd ,tilled or nediately prencluding hayopen pasture ation on brush L~er lands not Jpon payment° T. lessee shall Location sites tinimum area ~d in no event -half acres in pay tank site r tank of not apacity: Pro:a~k site fee ;mporarily ~et sting purposes ~e well. Tank ninimum area Ltions, and in ~rea of 50 feet to be paid for capacity and shall be as surface owner lure to a~ree, ,y arbitration. c I~. R. 106~J~.
e ##
§ 180.24
/
!ing purposes. i the oil lessee md operating :reed upon. or shall be fixed That the oll y connections meter whenmont. All under a lease
shall be paid to the Superintendent by :Indian Affat~J whenever, in his opinion. the interests of the Osage Tribe or the check or bank draft on a solvent bank. public require such action. § 180.19 Penalty ]or violation o] lease (b) In the sale and disposition of gas. terms. Violation of any of the terms or preferonce shall at all times be given to conditions of at. J lease or of the regulations in this part shall subject tim lease domestic consumers, unless provided otherwise in the lease, and all contracts to cancellation by the Superintendent, or tim lessee to a line of not exceeding for the industrial use of gas shall con$500 per day for each and every day the tain a clause to the effect that when it terms of the lease or of the regulations is shown to the satisfaction of the Comfor are violated, or the orders of the Super- missioner that such gas is needcdfixeddomestic consumers within an area by intendent in reference thereto are not such contract complied with, or to both such fine and the Commissioner, expiration of 30 shall terminate upon the days' cancellatiov in the discretion of the ~u- notice from the Commissioner, and that perintL,ment: Provided, That nrior to the Commissioner shall have authority cancellation of a lease or the i~:.,position immediately to suspend the furnishing of a fine as provided for in this section, of gas to industrial consumers when he the lessee shall be entitled to notice and is of the opinion that such gas is needed hearing with respect to the terms of the for domestic consumers. All gas furlease or of the :regulations violated, nished to industrial and domestic conwhich hearing shall be held by the sumf,rs shall be metered and sold at Superintendent. meter rates: Provided, That gas fur§ 189.20 Bonds. (a) Lessees shall nished to an oil lessee may be sold as furnish with each oil lease and each gas provided in the gas lessee's contract. lease, to be filed at the time tiae lease is ic~ All contracts with domestic conpresented, a bond upon Form D, with a sumers shall be subject to the inspection surety company duly authorized to ex- of the Superintendent. ecute bonds. Such bonds shall b- in the UTILIZATION OF CASING-HEAD GAS ~rHF.AW sum of $1200 for each quarter-section U~'ED }'OR THE MANUFACTI[TRE OF GASOLINE or fractional quarl~er-section unit cov§ 180.24 Royalty on ca sing-heacl or ered by the lease: Prov~,ded, however, That the lessee may file one bond, Form natural gasoline, butane, ~ropane, or O, covering all leases to which he or other liquid hydrocarbon substances exthey are or may become parties instead tracted ]rom gas, clrip gasoline, or other natural condensate. (a) A royalty of of a separate bond in each case. such bond to be in the penal sum of $15,000. 16'-'i~ percent of the gross proceeds of sales ~b~ The right is specifically reserved shall be paid on the value of one-third (or the lessee's portion if greater than to increase the amount of any such bond one-third) of all casing-head or natural in any particular case when the Supergasoline, butane, propane, or other intendent deems it proper to do so. liquid hydrocarbon substances extracted tc) Form H should be used in the from the gas produced from the leasepreparation of a bond covering a lease hold. The value of the remainder is an acquired through assignment where the allowance for the cost of manufacture, assignee does not have a collective bond, and no royalty thereon is required. The or the surety does not execute its conroyalty shah be computed on the sale sent to remain Sound under the original price received by the manufacturers of bond given to secure the faithful persuch products, or such higher p.'lce the formance of the terms and conditmns of lessee may receive the same to be rethe lease. ported under oath and remitted to the Superintendent not later than the 2§th CAS ~Nn~0 LE^S~S of the succeeding month for all such ., 180.23 Contracts/or the sale o] oas products sold during the previous month. /or industrial purposes. (a) All conIf the manufacturer of any product extracts for the sale of gas for industrial tracted from casing-head gas produced purposes ana sworn statements showing from an Osage leasehold should sell his the terms, conditions, and schedules of product at an arbitrary price below that prices contained in contracts with do- obtained by other manufacturers selling mestic consumers shall be filed with the such product~ in the open market during Superintendent. and shall bc subject to a particular month, the Superintendent the approval of the Commissioner of shall notify said manufacturer of such Page 73
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§ 180,30
Title 25~lndians
[
accept~ file a c l~oratic ance v Ioreig~ any su, a state mitred (b) its firs the Su duplic of suc] with showil stock : thems sworn showii ~I) capita of sh~ the a] ury ol erty, same share
asses.
discrepancy and require settlement for royalty upon the average price obtained by manufacturers selling such product in the open market during the same period. The place of sale of liquid hydrocarbons extracted from gas shall be at the plant where manufactured or when loaded into tank cars at or near the plant. Should any manufacturer sell such product by delivery to pipelines at distant points he may be allowed the average loss by waste, evaporation or otherwise sustained by other manufacturers in the Osage, of such product from the plant to tank cars as shown by sworn statements which shall be furnished when required by the Superintendent. ~b~ The royalty on all drip gasoline, or other natural condensate recovered from gas produced from the leased lands without resort to manufacturing process shall be 162:~ percent of the gross proceeds from sales, except that such substance, if processed in a casing-head gasoline plant shall be treated for royalty purposes as though it were gasoline. 180.30 Measurement ol fins. Gas of all kinds texcept gas used for purposes of production on the leasehold or unavoidably lost~ is subject to royalty. and all gas shall be measured by meter tpreferably of the orifice-meter type~ unless otherwise a~reed to by the Superintendent. All gas meters must be ttpproved by the Superintendent and installed at the expense of the lessee at such places as may be a~reed to by the Superintendent. For computing the volume of all :.,a~s produced, sold. or subject to royalty, the standard of pressure shall be 10 ounces above an atmospheric pressure of 14.4 pounds to the square inch, regardless of tl~e atmospheric pressure at the point of measurement. and the standard of temperature shall be 60° F. All measurements of gas shall be adjusted by computation to these standards, regardless of the pres,'iure and temperature at which the Ras was actually measured. unless otherwi,~e authorized in writing by the Superintendent.
(b) The Superintendent, with the consent of the Osage Tribal Council, may at such times and in such manner as shall be deemed appropriate, publish and distribute notices that oil leases and/or gas leases on specific tracts of unleased tribal lands, each of which shall be in a compact body, will be offered at pub!~.c auction to the highest responsible bidder: Pror~ded, That not less than 25.000 acres of the unleased portion of the Osage mineral reserve shall be offered for lease during any one year. Successful bidders must deposit with the Superintendent on day of sale. a check, or bank draft on a solvent: bank in the amount equal to 25 percent of the bonus as a ~uaranty of good faith. The Superintendent may require any bidder to submit satisfactory evidence of good faith. that he has the cash in hand or at his command, and to furnish whenever called upon by the Sm)erintendent during the progress of the sale. authenticated statement oI[ a solvent bank to the effect the bidder has the means to purchase the lease. The balance of the bonus, ttwether with a $5.00 filing fee for each lease, shall be paid, and the lease in completed form with necessary accompanyiug papers shall be filed with the Superintendent within 20 day~ after the lease is forwarded, by the Superintendent, to the lessee fa:-" execu..%~r|: unless such period has been extended by the Superintendent for good and sufficient reason. If the successful bidder fails to complete the lease or to pay the full consideration within 20 days or an authorized extension thereof, or if the lease is disapproved through no fault of the lessor or the Department of the Interior, the amount deposited as a guaranty of good faith shall be for'feited for the use and benefit of the lessor. Any and all bids shall be subject to acceptance by the Osa~:e Tribal Council. The Superintendent may disapprove a lease made on an accepted bid, upon evidence satisfactory to him of collusion, fraud or other irregularity in connection with the sale of the lease. (c) No lease, assignment t:hereof, or [20 F. R. 10097. Dec. 30, 1955] interest therein will be approved to any Prior Amendmvnt,~ employee or employees of the Govern° 1952:17 F..R. 2603, Mar, 26. meat, and no such employee shaU be permitted to acquire any interest in HOW TO ACQUIRE LF.,ASF~S OF TRIBAL LANDS leases covering Osage Tribal lands, by 180.39 Sales ol ozl leases and #as ownership of stock in corporations havfeazes; leases to be soM at ~ublie auction. (a) Written application for tracts to be ing leases or in any other manner. offered for lease may be filed with the § 180.40 Corporat|ons and corporate showinff. (a) UI~n being notified of the Superintendent. Page 74
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Chapter I--Bureau of Indian Affairs with the conCouncil. may h manner as :iate. publish Lat oil leases :ifie tracts of 0f which shall be offered at st responsible ot less than ~d portion of 1all be offered ,ar. Success[h the Superhock. or bank L the amount bonus as a t'he Superin[dder to subf good faith. ~nd or at his ;h whenever tendent durie. authenti[ " ~,. oa~!a to the eans to putante of the filing fee for nd the lease ecessary ac)e filed with 20 day.~ after the Superinextended by Dd and suffi~ssful bidder Dr to pay the } days or an 3f. or if the 1 no fault of at of the In~ a ~uarforfeited for lessor. Any :t to acceptouncil. The ,rove a lease ~on evidence uMon. fraud n'ection with thereof, or roved to any ¯ e Governtee shall be interest in gl lands, by rations havMiner° d corporate )tiffed of the
§ 180.46
acceptance of its bid, a corporation shall {c) In the event the anottee and the file a certified copy of articles of Incor- lessee cannot, with the assistance of the poration, and evidence showing compli- Inspector, agree on the matter, the alance with local corporation laws if a lottee shall be permitted to go before the foreign corporation: Provided, That ff Osage Tribal Council, and the Council, after hearing the allottee, the lessee, and any such papers have already been filed a statement to that effect may be sub- the Inspector, shall make such recommendation as ~t deems proper. Guardmitted. (b) A corporation must also file with |ans, legal or natural, may represent their Indian wards, and where no one is its first lease, and at such other times as authorized or where no person is deemed the Superintendent may direct, a list in by the Superintendent to be a proper duplicate of all officers, directors, and party to speak for a minor or person of of such stockholders, as may be required unsound mind or of feeble understandwith their post-office addresses, and ing, the Principal Chief of the Osage showing the number of shares of capital Tribe shall represent him. stock held by each and whether held for (d) Where the allottee does not apthemselves or in trust, together with a sworn statement of its proper officer, pear before the Council, either in per= son or by representative, when notified showing: by the Superintendent, Gr ~e Council (1) The total number of shares of the fails to act in the matter within 10 days capital stock actually issued, the number after being referred to it, the Superinof shares actually sold and specifically ~eladent may authorize the lessee to the amount of cash paid into the treasproceed with operations in conformity ury on the stock sold, or, if paid in prop- with the provisions of his lease and the erty, state kind, quantity, and value of regulations in this part. If the Council same paid. by appropriate resolution should recom(2) Of the stock sold, how much per mend ~hat a lessee be not permitted to share remains unpaid and subject to conduct drilling operations on a homestead selection, the Superintendent shall assessment. submit the question to the Area 3) How much cash the company has in its treasury and elsewhere, and from Director. § 180.42 Rental period alter consent Rm~---~'hat-~,.~,r=ces it was received. t4) What property, exclusive of cash, o/Superintendent to begin operations on J~omesteads. Rental in lieu of developis owned by the company and its value. ment shall not; begin to run on any home,+5) What the total indebtedness oi ~he stead selection until one year after the company is and speciflcially the nature consent of the Superintendent or Area of its obligations. ]Director to operations on such home= ~c) Leases made by corporations shall stead shall have been given. be accompanied by an affidavit (Form E) ASSIGNMENTS showing the authority of its officers to execute leases, bonds and other papers. § 180.46 Approval o/ lease fnstruments--(a) Oil and gas leases. The § 180.41 How to acquire permission to Superintendent may approve the schedbegin operations on homestead allotule of bids accepted by the Osage Tribal ments, ca) Lessees may conduct opera- Council following a sale of otl leases and tions within or upon homestead selecgas leases conducted in conformity with tions with the written consent of the I~he provisions of § 180.39. The SuperSuperintendent and not otherwise. intendent may also approve oil leases (b) If the allottee is unwilling to per- and gas leases; made by the Osage Tribal mit operations on his homestead, the Council in conformity with the regulaSuperintendent will direct the Inspector tions in this part, bonds and other to make an examination of the premises instruments required for leases or aswith the allottee and the lessee, or his signments thereof, and the acceptance representative, and should the Inspector of the voluntary surrender of leases. be of the opinion that the interests of the (b) Unitization o/ oil leases. As a Osage Tribe require that the particular consideration for their further develtract be developed he will endeavor to opment by the water flood process, two have the parties agree upon the terms or more oil lea.~es may be unitized and under which operations on the home- merged in a single blanket lease with the approval of the Superintendent. The stead may be conducted.
Pog, 75
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§ 180.47
Title 25~lndians shall de: perinter of the sl and the advise ! land by that th paymer, I Paragn
Dec. 30, FO~V
instrument of unitization ~ b 1 a n k e t any lease or any interest therein by drilllease~ shall include all the requirements Ing contract or otherwise shall be filed and provisions of sections numbered with the Superintendent within 30 days 1, 5.6, 7. 8, 9.10, 11, 12.13. 15, 16, 17, 18, from the date of such assignment by the 19 and 20 of Osage oil lease Form B: assignor, except in instances where the Provided, That the preamble of Form necessary papers cannot be ,executed B and the provisions of section numbered within such time, in which event, how2 in respect to royalty rates: section ever, formal notice shaU be filed within numbered 3 in respect to payment of the 30 days stipulated and where necesrental; section mlmbercd 4 in respect to sary the Superinbendent may grant 15 payment of well site and tank location days additional. fees: and section numbered 14 in respect ,b* In case of contracts made by oil to the surrender of the lease, may be lessees for drilling wells, which contracts modified and ~or supplemented by the provide that in consideration of drilling parties, with the approval of the Super- a well on the leased premises a subseintendent, to the extent deemed appro- quent assignment of an interest in such priate for the equitable and efficient lease will be made subject to the approval conduct of unitized operations, and not of the Department, the Superintendent otherwise in conflict witla the regulations is hereby autlmrized to approve such in this part. Lessee~s) staall, before com- drillin~,~ contracts with a stipulation that mencing water flood operations, and on such approval does not in any way bind or before December 31st of each year the Department to approve formal asthereafter, submit to the Superintensignments that may tl]ereafter be subdent an acceptable plan of development mitted and that such approval merely and operation for the unit area for the authorizes the drifting contractor to enensuin~ year. Upon a finding by him ter into possession of the leaze for the that such action would be in the best l~urpose of development work. interest of the Osage Tribe. the SuperOPERATIONS intendent may also approve an uRz'eemerit between the lessor and the les§ 180.49 Commencement o/operaU, on. see,s* rescinding a unit ,blanket lease, No operations shall be permitted upon and restorin~ to their ori~inal status any tract of land until a lease covcrin~ the Form B leases theretofore merued such tract shall have been approved by in the unit lease: Provided, That if oil the Superintendent or such operations is being produced in imping quantities specifically authorized by him. on a particular quarter section tract on 180.51 Well location lees. * * * the date of approval cf such aurcement. the lessee shall be entitled to hold such ,b* Where the surface owner is a retract under the terms of the orfi;mal stricted Indian. adult or minor, well Form B lease so long as oil is produced location fee shall be paid to the Superinon said tract in payin~ quantities. tendent of the (:}sage Agency for such {Paragraph (b} amended, 20 F. R. 10097, Indian. All other surface owners. Dec. 30, 1955] whether Indians or whites, shall be paid (C) Assignments. Approved leases or tendered such fees direct, and where such surface owners are not residents or any interest therein may be assigned of Osage County nor have a representawi~h the approval of the Superintendent, and not otherwise. Assignments when tive located tt~erein, such DaYn,clits shall be made or tendered by check, postage so approved, shall be subject to the terms prepaid, to k.st known address of said ~nd conditions of the original leases. surface owner at least 5 days before comand the regulations under which such mencing drilling operations on any well: leases were approved. The assignee shall furnish with his assignment a sat. Provided, That ~hould the levee be unisfactory bond as provided in § 180.20 able to reach the owner of t:he surface of the land for the purpose of tenderin..,., (el. Any attempt to assign an approved lease or any Interest therein without the the location fee, or if owner of the surface of the land upon being tendered the consent and approval o! the Superlnlocation fee by t]~e lessee, sha]ll refuse to tendent shall be absolutely void and shall accept the same, the lessee may tender subject the original lease to cancellation the location fee to the Superintendent in the discretion of the Superintendent. of the Osage Agency, and if the lessee § 180.47 Filino o/ assignments and and the Superintendent shall agree upon driUino contracts. (a) Assignments of the amount of the location fee, the lessee Page 76
180 be the
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~erein by drill° shall be filed ,vitllin 30 days mment by the ces where ~he be executed h event, howze filed within where necesmay grant 15 s made by oil ~ich contracts ion of drilling lises a subseretest in such 3 the approval aperintendent approve such ipulation that an.,,, way bind ;e formal asafter be sub)royal merely ~ractor to enlease for the )rk. o1 operate.on. rmitted upon ease covering al;proved by 'h operations im.
Pes. * * *
!
Chapter ]--,Bureau of Indian Affairs shall deposit such amount with the Superintendent for paymenL to the owner of the surface of the land upon demand, and the Superintendent shall thereupon advise the owner of the surface of the land by mail at his last known address, that the location fee is being held for payment to him upon his request.
§ 180.84
wner is a reminor, well the Superinhey for such ace owners. shall be paid :t. and where not residents t representa~yments ~hall leek, postage firess of said s before comon any well: le.~see be unthe surface of tenderine r of the surtendered the ~mll refuse to : may tender pertntendent if the lessee 11 agree upon 'ee, the lessee
Superiutendent the marketing facilities are inadequate, Or insufficient provision has been made for controlling the flow of off or gas :reasonably to be expected therefrom until such time as suitable provision can be made. (h) To prescribe or approve the methods of drming wells through coal ]Paragrapl~ {b) amended. 20 F. R. 10097, ]measures or other mineral deposits. Dec. 30, 1955] (i) To determine when and under 'what conditions a producing well may rOWERS ^ND DUr~r-S OF msPr-CTOaS !be drilled deeper, and under" what con* § 180.59 Duties o/inspectors. It shall ditions a producing well, or sand, may be the duty of the inspector--:be abandoned[. ~a) To visit from time to time leased (j) To require that tests shall be made lands where oil and gas mining opera- to detect waste of oil or gas or the prestions are being conducted, and to inspect ence of water in a well and to prescribe and supervise such operations with a or approve the methods of conducting view to preventing waste of oil and gas, damage to oil, gas, or water bearing for- such tests. mations, or injury to property or life, in " (k) To require that any condition existing subsequent to the completion of accordance with the provisions of the a well which is causing, or is likely to regulations in this part. cause, damage to an oil, gas, or water (b) To make reports to the Superin- bearing formation, or to coal measures tendent as to the general conditions of or other mineral deposits, or which is the leases, property, and the manner in dangerous to life or property, be corwhich operations are being conducted rected as he may prescribe or approve. and his orders complied with. (1) To approve the type or size of c) To consult and advise with the separators used to separate the oil, gas, Superintendent as to the conditions of or water coming from a well. the leased lands, and to submit informaREQUIREMENTS OF LESSEES tion and recommendations from time to time for safeguarding and protecti::g the § 180.64 Plats showing location o! property of the lessor and securing comwells. Lessee shall furnish as required, pliance with the provisions of the regula- a plat, in manner and form as prescribed tions in this part. by the Superintendent. showing all wells, ~d) To give such orders or notices as active or abandoned, on the leased lands. may be necessary to secure compliance and other related information. Blank with the regulations and to issue all plats will be furnished upon application. necessary instructions or orders to § 180.67 Notice prior t,o removal o! lessees to stop or modify such methods casing. Lessee shall obtain permission or practices as he may consider contrary from the Superintendent before removto the provisions of such regulations. ing any casing from any well. (e) To modify or prohibit the use or § 180.84 Plu.qging to be approved bl/ c~Jntinuance of any operation or method inspector. (a) The manner in which which, in his opinion, is causing or is mud-laden fluid, cement or plugs shall likely to cause any surface or under- be introduced into any well being ground waste of oil or gas, or injury to plugged and the type of plugs so used any oil. gas, water, ,coal, or other mineral shall be subject to the approval of the formation, or which is dangerous to life Inspector, and the lessee shall within or property, or in viclation of the pro- 10 days file with the Superintendent visions of the regulations in this part. complete report of the plugging of such (f) To prescribe, subject to the ap- well. proval of the Superintendent, the man(b) In the event the4e~.~e or operator ner and form in which all records or re- ~hall fail to plug properly any dry or ports called for by the regulations in this abandoned well In accordance with the part shall be made by the lessee. regulations in this part the Superintend(g) To prohibit the drilling of any well ent may. after 5 days' notice to the parinto any producing sand when in his ties in interest, plug such well at the exopinion and with the approval of the pense of the lessee or his surety,
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§ 180.88
Title 25--Indians (d) For failure to construct slush pits. as required by § 180.68. $10 ior ,each day after drilling is commenced on any well. (e) For failure to comply with § 180.71. regarding gate valve and other approved controlling devices. $100. (f) For failure to comply with § 180.77. in regard to using gas in I)lace of steam to operate engines or pumps, $10 per day for the first violation and $20 a day for each violation thereafter. (g) For failure to comply with § 180.78. which prohibits the burning of gas in flambeau lights. $50 per day. (h) For Iailure to notify Superintendent and secure authority before redrilling. deepening, plugging or abandoning any well. $200, as required by §§ 180.80 and 180.90. ~i} For failure to construct sumpholes, or burning holes, to properly care for and dispose of B. S. and salt water as provided in § 180.85, $I0 a day for the first violation, and in event of the failure properly to construct or repair sumpholes, or burning holes, withiin 5 days after notification by Superintendent or his authorized representative, $25 to $50 a day. (j) For failure to file plugging reports as required by § 180.84 and for failure to file reports, and remit royalties required by § 180.45, $5 a day for the first violation and $10 a day for each violation thereafter. All moneys received from fines collected under this section shall be deposited as provided in ~ 180.93. of Ind sary b part.
§ 180.88 Division orders. (a) The Superintendent may make arrangements with the purchasers of oil for the payment of the royalty, but such arrangements, if made. shall not relieve the lessee from responsibility for the payment of the royalty, should such purchaser fail. neglect, or refuse to pay the royalty when it becomes due. No oil shall be run to avy purchaser or delivered to the pipe line or other carrier for shipmeat. or otherwise conveyed or removed from the leased premises, until a division order is executed, filed, and approved, by the Superintendent. showing that the lessee has a regularly approved leased in effect, and the conditions under which the oil may be run: Provided. That the Superintendent may grant temporary permission to run oil from a lease pending the execut%n, filing, and approval bv him of a division order. Lessees shall be required to pay for all oil or gas used off the leased premises for operating purposes: affidavit shall be made as; to the production used for such purposes and royalty paid in the usual manner. The lessee or his representative '.:hall be present when oil is taken from the leased premises under any division order aP.d will be responsible for the correct measurement thereof and shall report all oil so run. [Paragraph (a) amended. 18 F. R. 7057. :Nov 10, 1953] § 180.89 Use of timber /rein leased lands. Lessee will not be permitted to use any timber from Osage lands except under written agreement with the owner.
PENALTIES FOR V~IOLAT'ION OF REGULATIONS
FORMS 180.93 Forms. ~a~ Leases. and [ REVISED ] other paper~ n,ust be upon forms prescribed by the Secretary of the Interior, § 180.91 Amount o! penalties. Fines and the Superintendent will furnish may be imposed by the Superintendent without right of appeal for violations of prospective lessees with such forms for preparation of original leases without certain sections of the regulations in charge, but shall make a charge of 50 this part, a~ follows: Pines for noncompliance with terms cents per set for :forms used in preparing assignments. of lease or regulations. Form A--~3as ml:ning lease. (a) For failure to file preliminary reForm B--Oil mining lease. port required by § 180.62, $5 a day for Form D--Bond. the first violation and $10 a day for each Form E~Authorlty of officers to execute papeTs. violation thereafter. Form F~Asslgn:ment. (b) For failure to file a completion reForm G~Colleel~lve bond. port. as required by §180.63. $~ a day for Form H~Assignment bond. the first violation and $10 a day for each {b) All sums received from sale of violation thereafter. forms and fines shall be placed in a (c) For failure to marh rigs or wells, special fund, and may be expended unas required by § 180.65, $50 for each well. der the direction of the Co~amissioner Page 78
Any griev( by ox inten, this l~ ent modil sion ( give condl witl~ i If th~ decis peal forth (b) ( [b of I] any auth deci: ity ( filin~ ent deem.' corp writ fact: ado cati, factSUp, peal full thrc ( the bet witl mis: bey and app raw An3 the oat] (q old 8u~
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Chapter I--Bureau of Indian Affairs truer slush pits, iO .or each day ed on any well. ~y with ~ 180.'/1. other approved y with § 180.77. place of steam ps. $10 per day I $20 a day for omply with ;he burning of } per day. : Superintendbefore redrill)r abandoning d by §§ 180.80 struct sumpI: roperly care nd salt water p a day for the of the failure repair sumpvithin 5 days riutendent or re. $25 to S50 ~gging reports for failure to !tles required ze first violazch violation m fines colshall be de|.93. eases, and z forms prethe Interior, will furnish :h forms for Lses without :barge of 50 in preparing of Indian Affairs for the expenses necessary to carry out the regulations in this part. HEARINGS AND APPEALS [ADDED] 18095 Hearings and appeals. (a) Any person, firm or corporation aggrieved by any decision or order issued by or under authority of the Superintendent pursuant to the regulations in this part, may file with the Superintendent at anytime an application for modification or revocation of such decision or order. The Superintendent shall give notice of the time and place and conduct a hearing upon the application within ten days after its receipt by him. If the applicant is not satisfied with the decision of the Superintendent. an appeal may be taken as hereinafter set forth except as provided in paragraph (b) of this section. (b) An appeal to ti~e Commissioner of Indian Affairs may be taken from any decision or order issued by or under authority of the Superintendent except decisions or orders issued under authority of §§ 180.54. 180.59. and 180.91, by filin~ such appeal with the Superintendent within 30 days after service of the decision or order. The appeal shall incorporate or be accompanied by such written showing and argument on the facts and law as the appellant may deem adequate to justify reversal or modification of the order. All statements of facts must be made under oath. The Superintendent shall transmit the appeal and accompanying papers with a full report and recommendations, through official channels, to the Commissioner of Indian Affa,rs. (c) An appeal from any decision of the Commissioner of Indian Affairs may be taken to the Secretary of the Interior within 30 days after service of the Commissioner's decision. The appeal shall be accompanied by such written showing and argument on the facts and law as appellant may deem adequate to justify reversal or modification of the decision. Any statement of facts not submitted to the Commissioner must be made under o~. (d) Compliance with any decision or order issued by or under authority of the Superintendent shall not be suspended by reason of an appeal having been taken unless such suspension is authorized in writing by the Commissioner of Indian Affairs. and then only on a determination that such suspension will not be §183.18 detrimental to the lessor or upon sq:bmission and acceptance of a bond deemed adequate to indemnify the lessor from loss or damage. (Scc. 3, 34 Sl~t. 643. Interprets or appliu sees. 1. 9, 45 Stat. 1478, 1479)
Part 183--Leasing of Restricted Lands of Members of Five Civilized Tribes, Oklahoma, for Mining
See.
183.1 183.18
Definitions. [Revised ]
~P~ AND RO~ALq[~
r8 to execute
'om sale of placed in a ~zended un)mm~ioner
Manner of payment of rents and royalties. |Revised| 183.19 Crediting advance annual payments. [ Revised ] 183.20 Disposition of income from leases. ! 1~evoked l 183.23 Royalty rates for minerals other than oli and gas. I Revised | 183.29 Division orders. [Amended] § 183.1 De.~nitions. The term "Ares Director" in this part refers tc the officer in charge of the Five Civilized Tribes Indian Agency Whenever the term "superintendent" is used in this part, the term "Area Director" shall be substituted therefor. The term '"supervisor" in this part refers to a representative of the Secretary of the Inter|or under direction of the Director of the United States Geological Survey, autl~Lorized and empowered to supervise and[ direct operations under oil and gas or other mining leases, to furnish scientific and technical information and advice, to ascertain and record the amount and value of production, and to determine and record rentals and royalties due and paid. [16 F. R. 9192, Sept. 11, 1951l RENTS AND ROYALTIF~ § 183.18 Manner o! payment ol rents and royalties. (a) Except as provided paragraph (b) of this section, all rents, royalties and other payments due under leases which have been or may be approved in accordance with this part shall be paid by check or bank draft to the order of the Treasurer of the United States and mailed to the Area Director for deposit to the credit of the various lessors. When lessees and purchasers are Instructed, in writing, by the Area Director, which instructions shall be ecmplete as to, lessors for each lease, separate remittances for each payment due Pa&e 79
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