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Case 1:99-cv-00550-ECH

Document 309-29

Filed 06/30/2008

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Case 1:99-cv-00550-ECH

Document 309-29

Filed 06/30/2008

Page 2 of 5

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81ST CO~G~SS ~ :HOUSE OF REPRESENTATIVES | R~eolrr ] 2d Session.)~

]~o. 2079

AMENDING SECTION 3 OF THE ACT OF CONGRESS APPROVED JUNE 28, 1906, RELATING TO THE OSAGE INDIANS OF OKLAHOMA

MA~ 18, 1950.--Committed to the Committee of the Whole House on the State of --the__U~nd ordered to be printed

Mr. MORRm, from the Committee on Public Lands, submitted the following
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REPORT
[To accompany S. 17191 The Committee on Public Lands, to whom was referred the bill (S. 1719) to amend section 3 of the act of Congress approved June 28, 1906, relating to the Osage Indians of Oklahoma, having considered the same, rel)ort favorably thereon without amendment and recommend that the bill do pass.
EXPLANATION OF THE BILL

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The act (S. 1719) amends section 3 of the act of June 28, 1906 (34 Star. 539, 543), relating to the determination by the President of the United States of royalties on mineral leases to be paid to the Osage Tribe of Indians. U:ider present law (act of June 28, 1906), it is mandat~)ry for the P~esident of the United States to determine the royalties that are tO be paid the Osage Tribe of Indians on mineral leases. The act, S. 1719, amends such law by authorizing the Osage Tribal Council, ~ub'ect] to the approval of the Secretary. of the. Interior,. to make. the determination of royalties to be paid to the Osage Tribe of Indmns on mineral leases. Thee effect of the act, if enacted into law, will be to relieve the President of the burdensome procedure of passing on all royalties paid to the Osage Tribe of Indians by permitting the Osage ¯ Tribal Council, with the approval of the Secretary of theInterior, to make the determination of the royalties to be paid on the mineral ¯leases. The act speaks for itself in justification of its passage. In addition to the mentioned benefit given the Pr~ident, it will give added
]t. Ilepts., 81-2, vol. ~;--84

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Case 1:99-cv-00550-ECH

Document 309-29

Filed 06/30/2008

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responsibility and freedom of the Indians in the management of their affairs. The legislative proposal was initiated at the request of the Depar~ ment of the Interior, whose communication in regard thereto is as follows:
THE SECR]~TAI{Y OF THE INT]~RIOR,

Washington, Aprg 8, 19~9, Hon. ALBEN W. BARKLEY, Presiden~ of the Senate. MY D~AR MR. PRESIDENT: Transmitted herewith is a draft of a proposed bill to amend ~ection 3 of the act of Congress approved June 2'8, 1906 (34 Stat. 539,

543).

I request that t]his proposed bill be referred to the appropriate committee for consideration, and recommend that it be enacted. In the leasing of Indian lands for oil "" lessors are fixed by the lessors as the owners of the properties leased, subject to the approval of the Secretary of the Interior. An exception exists with :respect to the Osage minerals in that section 3 of the act of June 28, 1906 provides that the royalties to be paid to the Osage Tribe under any mineral lease shall be determined by the President of the United States. There is no apparent valid reason for this exception, and the determination of Osage royalty rates is an unnecessary addition to the workload of the President. It is therefore recommended that the enclosed draft of proposed legislation, which would remove the exception, be enacted. The Bureau of the Budget has advised that there is no objection to the presentation of this proposed legislation to the Congress. Sincerely yours, J. A. ~Ruo, Seerei'ary of the In.riot.

The Committee on Public Lands, after full consideration of the ¯ matter, unanimously beheve the passage of S. 1719 to be in the best interest of all parties concerned.
CHANGES IN EXISTING LAW

In compliance with subsection (4)of rule XXIX of the Standing Rules of the Senate, changes inexisting law made by" the bill, S. 1719, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no clhange is proposed is shown in roman):
34 STATUTES 543 S~c. 3. That the oil, gas, coal, or other minerals covered by the lands for the selection and division of which provision is herein made are hereby reserved to the Osage tribe for a period of twentyrfive years from and after the eighth day of April, nineteen hundred and six; and leases for all oil, gas, and other minerals, covered by selections and clivision of land herein provided for, may be made by the Osage tribe of Indians through its tribal council, and with the approval of the Secretary of the Interior, and under such rules and regulations as he may reScribe: Provided, .That the royalties to be paid to the Osage tribe Under an_y eral lease so made shall be determined by the ]'President of the United States:] Osage Tribal Council, sub3ect to the approval of lhe Secretary of the Interior: And provided further, That no mining of or prospecting for any of said mineral or minerals shall be permitted on the homestead selections herein provided for without the written consent of the Secretary of the Interior: Provided, however, That nothing herein contained shall be construed as affecting any valid existing lease or contract.

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Case 1:99-cv-00550-ECH

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81ST CONGRESS }

SENATE

~d Session

AMENDING SECTION 3 OF ACT OF JUNE 28, 1906 (34 STAT. 539, 543) RELATING TO OSAGE INI)IANS~ OKLAHOMA

MAaen 20 (legislative day, MARch 8), 1950.--Ordered to be printed
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Mr. AND~nSON, from the Oommiittee on Interior and Insular Affairsr submitted the following

RE]PORT
[To accompahy B. 1719]

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The Committee on Interior and Insular .Affairs to whom was referred the bill (S. 1719) to amend section 3 of the act of June 28, 1906 (34 Star. 539, 543), relating to the determination of royalties under mineral leases to be paid to the Osage Tribe by the ])resident, having considered the same report thereon with the recommendation that it do pass without amendment: ¯ This proposed legislation was suggested by the Secretary of the Interior in: a communication da~ed April 9~, 1949, addressed to the l~resident of the Senate, who referred the same to your committee for consideration and in accord with the reques:~ of the Secre taiT of the Interior, your committee authorized the introduction of a bill in identical form to the draft of the proposed bill submittedby him. Thereupon a bill (S. 1719)was introduced, which thereaftex was referred to your committee for further consideration. An authorized legislative committee of the Osage Tribal Council appeared before your committee and urged the enactment of this bill. The purpose of the proposed legislation is to amend section 3 of the act of Congress approved June 28, 1906 (34 Stat. 539, 543), by stn'king out ',President of the United States" and substituting in lieu thereof "Osage Tribal Council, subjectto the approval of the Secretary of the Interior." The act of June 28, 1906, section 3, provides that royalties to be paid to the Osage Tribe under any mineral lease shallbe determined by the l~resident of the United States. In the leasing of Indian lands for oil and gas and other mining purposes, the royalties reserved to the Indian lessors are fixed by the lessors as the owner~ of the properties leased, subject to the approval 0f the Secretary of the Interior, with the exception of royalties to be paid to the Osage Tribe.

Case 1:99-cv-00550-ECH

Document 309-29

Filed 06/30/2008

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AMENDING SECTION 3 OF ACT OF JUNE 28~ 19.06

=,ere is no apparent valid reason for this exception, and the deter~mation of Osage royalty rates is an unnecessary addition to the work load of the ])resident. The Department of the ~[nterior, therefore, recommends that the proposed legislation, which would remove the exception, be enacted. A copy of the Secretary of the Interior's communication dated April 8, 1949, is attached hereto and made a part of this reporl~, as follows:
Hen. A~BEN W. BAR~:LP.~r, President of the Senate. Mx D]SAR. M~ PRESln~NT: Transmitted herewith is a draft of a proposed[ bffi to amend section 3 of the act of Congress approved June 28, 1906 (34 Stat. 539,. THE SECRETARY OF THE INTERIOR, Washington, April 8, 19~D.

COLUMBIk

M~RCH 20 (legislative day, MI

543).

I request that this proposed bill be referred to the appropriate committee for Mr. consideration, and recommend that it be enacted. - ]n the leasing of Indian lands for oil and gas and other mining purposes, the royalties reserved tothe Indian lessors are fixed by the lessors as the owners of the properties leased,, sub~ct to the approval of the Secretary of the Interior. An exception exists with respect to the Osage minerals in that section 3 of the.act of June 28, 1906, provides that the royalties to be paid to the Osage Tribe under any mineral lease shall be determined by the__Presid_e_nt of th~__Unite_~tat~s~__-Tlhere-- is~o ap-p~7~iig ~iid~ff-i-~.~-tb¥-t~-exception, and the determination of Osage ! royalty rates is.an' unnecessary addition to the .work load of the President. It is therefore recommended that the enclosed draft of proposed legislation, which would remove the exception, be enacted. The Bureau of the Budget has advised that there is no objection to the presentatio~f this proposed legislation to the Congress. ~incerely' yours, ~ J, A. KRUpp, Secretary of the Interior. ~'.

0'MAHONE£, ¯from the Corn submitte

ITo accomp~y- e0mmi

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Tihis report presents an o~M~ the Committee on Interior[ ) CHANGES IN EXISTING LAW and harbors and flood co~ In compliance with subsection (4) of rule XX~ of the Standing- would authorize Certain initial Rules of the Senate, changes in existing law made by the bill, S. 1719, the Department of the Interio as reported, are shown as follows (existing law proposed to be omitted nated withthe comprehensive and would require the Secreta~ is enclosed in black brackets, new matter isPrinted in italics, existing Basin account. law in which no change is proposed is shown in roman): The initial units, 13 in nm 34 STaTUTeS 543 reclamation projects. The b credited with all power and" Szc. 3. That the off, gas,. coal, or other minerals covered by the lands for :the selection anddivision of'which-provision is herein, made are hereby reserved t~ : repaym.ents by water users, fl the Osage tribe for a period-of twenty-five years from and after the eighth day t also with all such.revenues fro of April, nineteen hundred and six;. and leases for all oil, gas, and other minerals, ment of the Army pro]ects-,, covexed by selections and division of land herein provided for, may. be made by power and other reimbursaDI( the Osage tribe of Indians through its tribal councilI, and with the. approval of the Secretary bf the Interior, and under such rules .and regulations as he may all irrigation and water sup] prescribe: Provided, That the royalti~ to be paid to the Osage tribe under any pro~ects not repayable in rea~ mineral lease so made shall be determined bythe [President of the United States] ¯ districts or-other water users. Osage Tribal Council. subject to the approval of the Secretary of the Interior: Am}. provided .further, That no mining of or pr~pecting for any of said mineral or The basin account is not a f minerals shall be permitted on the homestead selections herein p.rovided :[or source~ noted are paid into th, without the written consent of the Secretary of the Interior: Promded, howe~er, can be used only upon con gre That nothing herein contained shall be construed as.affecting any valid existiivg Pursuant to direction of the lease or contract. I ])eparL, nents of the Interior O i April 11, 1949, coordinating ; Del~artment of the Army, m ¯ Re(flamation, Department of plans, the scheduling of coj " i e.xisfing, authorized, and~ .'

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. S- Repts., 81-'2-, vol. 1~66