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Case 1:99-cv-00550-ECH

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on Indian Affairs, to whom was referred S. 4:039, act to amend section 3 of the act of Congress Of June 28, 'An act for the division of the land8 and funds oJ~ the ; Indians in Oklahoma, and for other purposes,'" having had the same under consideration, report it:to the tiouse with the recommendation that it do pass with the following amendmentS: Strike out all after the enacting clause and insert the following: ~n Co~urr~s as~mb~d, That all that part ol the act oI june ,.o, ~v~ ~ ~ ~X~ . . o,~..~ o, ~. ...... 539~ entitled "An act for the division of the lanos ana lunas ..... ~us~g~e. ~nuz-a~ ~u ~ .... ~T..'^. ~;~1~js uurvooes,the lands for the sel,~tion me ~:- - :- r~-lahoma and for other eov~-ec~ by which-reserves ~ the ~e.'l:n .... L~s,_-~.Z. io made in that act is here~y amenoea so mar me oll, ~as, coal, or other nnnerals covered b)r ma~lanas are .reser~r.e.c.~ ~o u~ V u~ov ~. ...... ~ r~riod endin~ Avril 7, 1946: Proma¢~, lnat an van9 ex~stang, oll anu ~as ~eases on ~ ~ ~ ....f A~,if ~931 are hereby renewedupon the same T~rms ana exrenoea, subiect to all other conditaons and provisions thereof, tmtzl the. 8th day of Apnl~, 1946, and as long thereafter as oil orgasm found in payingquantiti~, and the Secrel~ry of o lease for oil and gas purpooes all of the rema~mng poruon oi ~ne un eave prior to April 8, 1931, offering the same annually at the rate oi not lem than one-tenth of the unleased area. SsC. 2. That the bona fide owner or lessee ot the surface of the land shall be comthe passsge of this act ansmg, as are~t£1t of tho use of/~_~'l~jot

th~ Inte~or an~ tho O~o Ooun0" ~ he~h~ an~o~: pensate~,with oil ~ an,~ ~tio~ p~.~..by sua .... noder and ~s. mmmg operauons, xor any oamage .ma~ th,.s,c,~,-, o,_~y,:~,~ connection
os~Obu~tt ~g

~:on~ned sh~-~co~ed the ~0n,~o ~o~ecreT~ o~ o~ ,~2~,~,~~ t. con~n~ ol me ~,~,~:~ ., appeal to the c0~Arts w~thout
he is di~tisfied with the amount of~dama~ awamea:mm. " i.,- ,--~--,-'--~ Lo ~. . . ¯ " i~EC. ~..l.Lt~l, uaa zu~ citizens of the United.State~, bUt~S-'~all .not,a~lec.tth.e~.mte%est re.tribal ] ! )e ,) .¯

Or the control of the United St~ates over suc~ property aa ~ now or-ma~ ~ ! ~T

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.÷}

4

~EO~Q~IZI~C THE INDL~ .s~.~vIcs.

-!/ Section 5 deals with taxation. It will be noted that it is provided " that the Osage Tribe shall be taxed, beginning with the passage of this act~ as are all other citizens of Oklahoma under the tax laws of that State. And it will also be noted that the Secretary of the Inl~fior is~ authorized and directed to pay to OSage County, Okla., an dcl]tion~ sum, equal to 1 per cent of the amount received by the

sage Tribe of Indians from royalties from the production of oil and gas, which sum shall be used[ by said county only for the construction

8

and maintenance of roads and bridges therein. It :is believed that ¯ this provision, if properly applied, will enhance the value of all Osage property, on the principle that¯ good roads and bridges enhance the value of property in eve~T other section of the count~.; and, since there is plenty¯ of money for the purpose, it certainly wi~ be a great advantage to the Osages themselves, as well as to those who m~st carry on business relations with them. z

AGRI(

O

The Commit Houses on the making appro fiscal year end" ference have spective Ho.us( ;- That ~he Se14, 17, 20, 21, 75, 81, 88, 96. "

.. That ;me H( and a~'e~ to

of. the Senate " .51, 59,68, 69, .Amendment That:the H, of the Senate ment as fol]o~ In lieu of t] to the same. Amendment

: .~That-the H, ment as follo~ i. :.In lieu of t~
of the Senate

,-::~ t~,~-~-~
~;.~,.:~,;d ~:!~ .... _. i: ~?;?::.

~..~:~..

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REORGANIZING THE INDIAN SERVICE.

F]~BRU.~R~ l, 1921 .--Committed to the Committee of the Whole House ~)ia the ~t:~te of the Ulfion and ordered to be printed.

Mr. S.~Y~)E~, from the Committee on Indian Affairs, submigted the following
:J

The Committee on Indian Affairs, to whom was referred. S. 4039, .entitled ' 'An acttoamend section 3 of the~ act of .Congress of ~une 28, i906, entitled 'An act for the division of the lands and funds of the" i Osage Indians in Oklahoma, and for other pm:pos"e~,~ " ha#~g had the : . Same under consideration, report it to the Hoiise with~.tl~e recom-~ mendation that it do uass with'the follo~vin~iam-~ndmen[~-' : .! Strikeout all after t~ae enacting clause :and.'~t:~ZIqus~i~!l] 15955~_ / ! !i~he provisions of which are as follows; .,. : . ~,j, - ,. :~ i~-" ....... ;i.: j Section I : Under this section provision is~mii~e: for tl~e-extension ! ~-bf an act entitled An act for the divmmn ofith~lancls arid funds of i'.. :.'.the Osage Indians in Oklahoma, and foribthe~:~.~ _~0ses,'i/:" ~ 'i::" 'It will be no~ed that the:committee, p"rovid~f(;r an extension for i:,i '/i5 year~, from April 7, 1931, whichperio~i w6filj ~d on ~i~il: 8, 1946. :::: (.Itwill be also noted that the bill provides f0i:.a~extensi0n of the oil ::; :an~ ~asleases,-and that it also provides definitely!for ieasi~& all of the ¯ .:rema~ming unleased lands on or before: Apn[-:~, 1926i.! :~herc are [.: :som~ 1,000,000 acres of land .yet to lie i4as d,. der ~ich there is ,/;/ sut~posed to be oil and gas. . :,;, .that .. i~ :- Secti0n:2:In this section it is provi~led .- ,.p:. ,the -bona ¯fide o ~rner :' of the surface.of the land ishall be cornl~ated for a n:y Joss which .:.shall accrue, after the paAsage-0f ~his act, arising.~ut Of ~h~:Use of such land for ...... ./Andit.w~l be need ~als% that

.be " ' :i:". owner to :"~i
~.~ ~¢ ~ .....
... ] ".

of corn-. ,

~rtli~)~;..::~- ~:~,. .... . ......

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~al,-- and, ix'actions .ol-.a ~es, 45 per eentum ad degrees, 6t cents per a oardraining and sugar may be, according to

e seventy:five d~re~, by the pol~copo..~t
¯.:°: ?'..

ma a,

tion to the rates of duty Ler affect or impair such s herein shall have the of duty paid ninetv-sLx tba beyond 8 cen~ per States of similar ~oars se the price in the ports ees of refining, or sngars ld, then the emergency ~) prevent the prices oI
lamed.

EXTENSION OF THE OSAGE TRUST PERIOD.

JANUAR~ 18 (calend~ d£~y, .~A~UAaV -90), 1921.--Ordered to be printed.

other processes: includmilk, 5 cents per pound. .cked with more than 15 uct oI two or more coun~mmed, $2.85 per pound; ideal for in this section, 1I ~ms that quality of le~f ,d is of sufficient size for leaf tobacco. ,r pickled, 15 per centum do fr~ imported hides, on such hides, ~ ¯ ~y prescribe. ¯ e tariff on applew 30 cents a box, e increased so as to make me as the tariff on apples.

Mr. OWES, fl'om the Committee on Indian ±kffaia:s, submitted the following

REPORT.
[To accompany 8. 4039.]

~.l

3e, 4 cents per pound. ~

The. Committee on Indian Aff:fi~.~, to whom was referred the bill (S; 4039) to amend section 3 of the act of Congre,~ of June 28, 1906, entitled "An act for the division of the lands 'rod funds of the Os::ge Indians in Oklahoma, and for other ~uruose%" havin~ considered the same, report favorubly thereon with the recommendation thatthe bill do pass with amendments. On page 2, section 2, line 24, after the word "hereby" insert the words "renewed on the same terms and,' and on line 25, same page, in~ert the word "other" before the word "condit!ions." : :Add the following additional section 4:
That the bona fide owner of the surface of the land shall be compensated by the 0il"and g~as ~leasees for any danoage that may accrue to him ~rising out of the ~tlse of i:,'such land for oil and fins mining operations during the period of his ownership; and herein contained shall be construed to deny to the surface owner the right action for such damages in a court of competent jtrrisdicfion. .

d insert "17, 19, and

:.J
¯ ?:

the

committee recommends the passage of the bill.: 281 1906 (34 Stats. L:, 539), the mineraI rights lands were resonated to the tribe as a whole in member might obtain his. equal share therein in lieu some allottees receive Very large returns from.productive t he: allottees receive little or nothing: from uni)roduetive

¢

lands were allotted to the Osages quite a large develpp-' has taken-place, but in the main on the east side of the Os~e. iIf the-mineral rights were now to pass to the allottees fit~ would/result in the allottees holding land on the west" already received their participantpart of the royalties " mmmgdevelopment on the east side otftthe Osage cduntry,in addition-thereto the oil.on the west side, which would

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