Free Notice (Other) - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

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Filed 03/29/2006

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OSAGE TRIBE OF INDIANS v. UNITED STATES, CASE NO. 99-550 DEFENDANT'S FINAL EXHIBIT LIST - MARCH 29, 2006 MAY USE
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
11 12 14 21 25 32 36 44 60 63 78 79 93 102 108 109 111 113 124 132 172 173 174 176 179 182 183 184 194 01/01/1959 01/01/2001 02/26/1976 12/16/1991 00/00/0000 00/00/1982 09/18/1972 11/03/2005 00/00/0000 06/01/2005 07/05/1979 07/05/1979 12/19/1980 05/03/1968 01/01/1990 01/01/2004 00/00/1980 09/01/1979 00/00/1986 00/00/0000 00/00/0000 10/01/1988 09/30/1985 09/30/1984 04/30/1989 10/01/1980 10/01/1979 10/01/1978 03/12/1981

DESCRIPTION
Restatement of Trust 2d s 174 (1959) Performance Presentation Standards Handbook, Second Edition, 1997, Association for Investment Management and Research CD Detail for $ 100,000 Tribal Overnight Investment Schedule 2.05. BIA-Osage. Current highest posed price excel file. Compact Disc "Retirement Income Opportunities in an Aging America: Pensions and the Economy," Employee Benefit Research Institute Treasury Department-General Accounting Office, Joint Regulation No. 3, Amendment No. 3 Bureau of Economic Analysis, U.S. Department of Commerce, GDP Deflator Draft Tribal Trust Fund Manual Branch of Trust Fund Accounting Chronological Listing of Job Titles for Judi Hill CD Detail for $ 91,405.52 CD Detail for $ 2,636,848.36 Desposit Ticket - Deposit No.116458 Formal Opinion M-36732 Investment of Indian Trust funds Fiscal Year 1990 BIA, Osage Agency, DI-1040 Collection Procedures for Trust Money, c. 2004 John W. Vale, Chief, BIA Branch of Investments, Resume, c. 1980. BIA, Osage Agency, Branch of Minerals, List of EFT Deposits for September 1979, AIRR-Lenexa, 075-05-2765005, "EFT System." BIA Osage Agency, Overview Flowchart of Sales and Collection Cycle-Oil, c. 1986, AIRR-Lenexa, 075-05-1460006 BIA, Osage Agency, Branch of Minerals, Responsibilities of Field Engr'g Tech/Gauger, n.d. Highest Posted Price Confirmation - Craig Yancer Division of Trust Funds Management, BIA, Report of Investment of Indian Trust Funds for the Fiscal Years 1988 Branch of Investments, BIA, Annual Investment Report for Fiscal Year 1985 Branch of Investments, BIA, Annual Investment Report for Fiscal Year 1984 From Bert Pappan to Muskogee Area Director regarding Reconciliation of the Osage Agency and BIA's official reports for Tribal Appropriation 14X7386 for the Period Ending April 30, 1989 Branch of Investments, BIA, Annual Investment Report for Fiscal Year 1980 Branch of Investments, BIA, Annual Investment Report for Fiscal Year 1979 Branch of Investments, BIA, Annual Investment Report for Fiscal Year 1978 Documents associated with quarterly headright payment - voucher and schedule of payments VD03G0003A

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
201 203 214 215 219 222 236 237 241 273 277 316 330 345 346 347 351 354 367 369 370 371 388 395 401 417 420 421 423 433 435 439 440 441 06/25/1979 05/29/1980 12/07/1989 07/02/1979 00/00/0000 10/31/2005 06/30/1975 01/01/1974 03/12/1981 03/12/1981 06/05/1984 10/29/1958 03/01/1965 01/02/1968 05/01/1968 05/03/1968 06/16/1966 08/04/1969 06/05/1973 12/14/1970 12/17/1970 02/12/1971 12/26/1972 08/20/1974 01/06/1975 09/22/1975 01/20/1976 01/29/1976 02/01/1976 02/25/1976 02/25/1976 02/26/1976 06/15/1979 04/16/1986

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DESCRIPTION
Deposit Ticket and associated schedule of collections, bill of collections - CT06G8057 ~00002764.001 Transfer of funds for annuity payment to IIM - BB06B0672 Internal transfer between appropriations/activities - transfer to IIM for headright payment - BB12T0001G CT07G8062 and Certificate of Deposit - Deposit No. 878062 and Bill for Collection - Bill No. 12337025 CompactDisc - Produced by Reineke in Response to Subpoena Notes about Deposit Lag Time BIA, Report of Investment for Fiscal Year 1975 North Burbank Unit, Osage County, Oklahoma, Stripper Qualification During 1974 Documents associated with quarerly headright payment - voucher & schedule of payment, Application for Authorization - VD03G0001A Disbursement documents for quarerly headright payment - VD03G0002A From Acting Muskogee Area Director to Deputy Assistant Secretary - Indian Affairs, re: report from Osage Tribal Auditor, Bert Pappan From R. G. Fister, Superintendent, to Phillips Petroleum Company re purchase price of sweet crude BIA, Office of Tribal Operations, Collection and Deposit of Tribal Trust Funds and Interest Computation Commissioner of Indian Affairs to Area Directors and other Staff regarding Investment of Indian Tribal Trust Funds Commissioner of Indian Affairs to Area Directors regarding Investment of Tribal Funds by Tribes in stocks, bonds or other-comercial securities Associate Solicitor for Indian Affairs to Commissioner of Indian Affairs regarding Investment of Indian Tribal Trust Funds Commissioner of Indian Affairs to various Commissioners and Agencies regarding investment of Indian Tribal Trust Funds Chief, Investments Section, BIA, to Acting Deputy Commissioner of Indian Affairs regarding policy and procedures applying to Investment of Tribal Trust Funds Osage Tribal Council No 23-234 From Acting Associate Solicitor for Indian Affairs to the Interior Solicitor re: Investment of Tribal Trust Funds Interior Solicitor to Acting Secretary of the Interior re: Investment of Tribal Trust Funds Area Director, BIA, Muskogee Area Office, to Commission of Indian Affairs, re: Proposed Revision of 25 CFR 183 Treasury Department Internal Memorandum regarding the assumption of the DOI on the computation of interest on uninvested Indian Tribal Trust Funds Chief, Branch of Investments to Director, Office of Administration, Report of Bureau's Investment Program for FY 1974 John Vale to Area Directors regarding change in method of notification of investment maturities John Vale to Emmett Cameron regarding new report that show maturity dates for all investments by area Statement of Osage Tribal Funds for March 1976 Quarterly Payment John Vale to Investment Staff regarding new procedure for processing investments, in particular funds from maturing Time Certificates of Deposit Sun Oil Company of Pennsylvania, Crude Oil Price Bulletin No. 139 Telegraphic Message dated 2/25/76 for $100,000 Telegraphic Message dated 2/25/76 for $ 953,185.39 CD Detail for $ 953,185.39 Ceja Corporation Waterflood Report for May 1979 - East Hardy Layton Journal Voucher No. 86166 for $98,000

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
442 445 447 454 457 458 459 461 462 463 464 467 483 486 497 498 506 508 510 514 02/26/1976 03/01/1976 03/02/1976 03/02/1976 03/03/1976 03/05/1976 03/10/1976 03/10/1976 03/12/1976 03/18/1976 03/22/1976 03/24/1976 04/02/1976 04/06/1976 10/13/1976 11/02/1976 09/20/1977 09/30/1977 10/01/1977 02/24/1978

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DESCRIPTION
Telegraphic Message dated 2/26/76 for $ 323,716.57 Documents used by Arthur Andersen for reconciliation of deposit dated 03/01/76 found at bates number 0551678 on CD provided to Tribe as part of Arthur Andersen reconciliation results. Telegraphic Message dated 3/2/76 for $ 583,554.95 Investment Letter dated 3/2/76 for $ 323,716.57 Investment Letter dated 3/3/76 for $ 583,554.95 Investment Letter dated 3/5/76 for $ 323,716.57 Telegraphic Message dated 3/10/76 for $ 100,000 Telegraphic Message dated 3/10/76 for $100,000 Investment Letter dated 3/12/76 for $698,000 Investment Letter dated 3/18/76 for $ 583,554.95 Telegraphic Message dated 3/22/76 for $334,563.57 Investment Letter dated 3/24/76 for $334,563.57 Investment Letter dated 4/2/76 for $ 1,327,000 Investment Letter dated 4/6/76 for $ 334,563.57 From Wayne E. Gifford, Deputy Regional Administrator, Federal Energy Administration, to William C. Douce, President, Phillips Petroleum, re: FEA's Audit of Phillips BIA, Financial Accounting System Code Sheet, Form 5-4236, Activity: Osage, encoded by Muskogee Area Office, Batch 34 J.D. 305. In re: Phillips Petroleum Corporation, Case No. 680R00210, Remedial Order, Federal Energy Administration From M.C. Cunningham II, Phillips Petroleum, to Tom Wieker, Federal Energy Administration, re: Appeal of Remedial Order, Case No. 680R00210, North Burbank Unit Division Order 868438, Allen G. Oliphant, Jr., et al, to Sun Oil Co., Osage Agency Files From Harry R. Silver, Compliance and Regional Operations Division, Office of General Counsel, to Melvin Goldstein, Director, Office of Administrative Review, re: Energy Reserves Group, Inc. v. Federal Energy Administration From Barton W. Wright, Chief, Division of Accounting Management to Area Director, Muskogee Area, Memorandum on Use of Electronic Fund Transfer System for Large Oil and Gas Leases for the Osage Tribe From Chief of Investment to Area Directors regarding weekly information regarding interest rates Osage Tribal Council No. 25-71 Agreement between the Osage Tribe of Indians and Bert Pappan BIA, Bureau of Indian Affairs Manual (BIAM), Part 42, Financial Management, Accounting Procedures Handbook, Supplement 3.14, Electronic Funds Transfer Deposits. Summary of Oil Runs from Osage Oil Leases for November 1980 - Ceja Ceja Corp, Waterflood Report for May 1979, East Hardy-Layton Project, received by Osage Agency Telegraphic Message for $534,565.65 CD Detail for $ 3,354,652.22 Telegraphic Message for $860,127.04 Confirmation Journal Voucher No. 1420-G06-70 for $ 4,899,042.97 Telegraphic Message for $37,482.02 Telegraphic Message for $274,599.87 Investment Letter for $274,599.87 Investment Letter for $37,482.02

519 520 522 524 528 552 555 562 566 572 573 574 575 576 577

05/05/1978 07/28/1978 12/20/1978 02/01/1979 05/04/1979 11/00/1980 05/00/1979 06/21/1979 01/08/1981 06/26/1979 03/12/1981 06/27/1979 06/29/1979 06/29/1979 06/29/1979

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
578 580 583 584 604 629 657 658 659 665 667 671 688 691 693 695 703 704 706 709 713 717 725 729 735 738 747 777 779 781 782 784 785 788 06/29/1979 06/29/1979 07/03/1979 07/03/1979 08/12/1989 06/15/1979 11/21/1979 11/26/1979 02/04/1980 03/27/1980 04/15/1980 07/21/1980 12/19/1980 12/23/1980 12/23/1980 12/29/1980 12/26/1980 12/29/1980 12/29/1980 12/29/1980 12/31/1980 01/07/1981 12/22/1980 12/29/1980 12/30/1980 12/30/1980 12/30/1980 02/18/1982 03/15/1982 09/07/1982 09/15/1982 12/02/1982 12/10/1982 12/16/1982

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DESCRIPTION
Investment Letter for $860,127.04 Investment Letter for $543,130.65 Telegraphic Message for $100,000.00 Telegraphic Message for $2,636,848.36 Farmland Industries Statement of Crude Oil Purchases for the month of 7/89 Ceja Corporation Waterflood Report for May 1979 - East Hardy Chat Bert Pappan to D E Martin regarding Up to Date Progress Report for Contract No. G00C14203161 for research into all financial records of the Osage Tribe attaching Exhibits 1-8 of the report From M.L. Brown, Acting Superintendent, Osage Agency, to By-Mat-Son Corporation, AIRR-Lenexa, 075-052765-005, "EFT System." From R.A. Easterly, United Representative, North Burbank Unit, Phillips Petroleum Company, to Working Interest Owners, The North Burbank Unit, re: the consent order between Phillips and Department of Energy Hearing for Cheyenne-Arapaho tribes of Indians of Oklahoma, et al vs. United States of America Docket No. 342-70, et al From David Harrison to Area Directors regarding pooling of investments for Indian tribal Funds. Attaching a handwritten lists of Tribes declining pooling From Chief, Branch of Investments, BIA, to Portland Area Director regarding commencement of MoneyMax Telegraphic Message dated 12/19/80 for $307,240.87 Documents used by Arthur Andersen for reconciliation of deposit dated 12/23/80 found at bates number 0152442 on CD provided to Tribe as part of Arthur Andersen reconciliation results Telegraphic Message dated 12/23/80 for $ 672,244.31 Deposit Ticket - Deposit No. 305679 Documents used by Arthur Andersen for reconciliation of deposit dated 12/26/80 found at bates number 0152433 on CD provided to Tribe as part of Arthur Andersen reconciliation results Telegraphic Message for $95,000.00 Telegraphic Message dated 12/29/80 for $3,127,065.52 Telegraphic Message for $95,000.00 Trust Funds Investments Telegraphic Message dated 1/7/81 for $3,354,652.22 Investment Letter for $672,244.31 Investment Letter for $3,127,065.52 Investment Letter for $1,290,000 CD Detail for $ 95,000, $ 95,000, and $ 815,000 CD Details for $95,000, $95,000, and $95,000 From John Vale to Area Investment Co-ordinator regarding weekly information on interest rates BIA, Osage Agency, Functional Statement, Branch of Minerals, AIRR-Lenexa, 075-05-1765-019 BIA, Osage Agency, Branch of Minerals, Statement on Accounting Backlog, AIRR-Lenexa, 75-05-1765-010, "Backlog" Osage Tribal Council, Resolution 26-47. BIA, Osage Agency, Late-Penalty EFT-Companies and Amount of Penalty BIA, Osage Agency, Branch of Minerals, Oil Accounting Paperwork to be Processed by Technicians, AIRRLenexa, 75-05-1756-010, "Minerals Accounting" From Acting Superintendent, Osage Agency, to Area Director, Muskogee Area Office, re Osage Tribal Council Resolution No. 26-106 dated December 10, 1982, and Proposed contract with Bert J. Pappan

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
790 793 798 800 803 804 805 811 813 814 816 818 821 823 824 825 832 833 843 844 845 848 849 850 851 853 854 855 856 857 858 861 862 872 873 12/22/1982 03/16/1983 08/24/1983 09/19/1983 09/28/1983 10/28/1983 11/14/1983 01/01/1973 01/00/1976 01/13/1984 02/14/1984 03/21/1984 05/01/1984 05/22/1984 05/22/1984 05/24/1984 06/13/1984 06/14/1984 06/26/1984 07/25/1984 08/15/1984 08/29/1984 09/05/1984 09/27/1984 10/24/1984 11/29/1984 12/27/1984 01/16/1985 01/23/1985 01/23/1985 01/25/1985 04/10/1985 05/06/1985 12/09/1985 12/18/1985

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DESCRIPTION
From Newell Barker to Cecil Wood, Memo on Penalties for Late Oil Royalty Payments Forwarding Minerals Contract Monthly Report for Feb. 1983, AIRR-Lenexa, 075-05-1765-024, "Minerals Contract Monthly Reports" Investment in Certificates of Deposit Flow Chart Area Director to Superintendents, Albuquerque Area, re: Early Redemption of Investment Funds (Buy-Outs) Patty Battese to Newell Barker regarding Memo from B. Pappan dated 08/29/1983 concerning Electronic Fund Transfer Method Bert Pappan to Jack Shoemate regarding difficulty in reconciling Agency collections BIA, Muskogee Area Off, FY-84 Minerals/ Admin. Support Contract w/ Osage Tribe of Indians of Oklahoma, Program A, Sec. 202.1, Objectives, AIRR-Lenexa, 075-05-1765-074, "Minerals Contract" Branch of Investments, BIA, Report on Investments, January 1973 Oil Lessee's Report for the Month of January 1976 - Contract G06-664 Osage Tribe to Superintendent regarding Tribal Appropriations Newell Barker to Various Persons regarding Electronic Fund Transfers Osage Tribal Council No. 26-328 Jim Parris to Newall Barker on recommended procedures for handling overpayments made to the Osage Agency and penalties received from oil producers Bert Pappan to Osage Agency regarding Cash Overdraft for Osage Tribal Appropriation 14X7386 Waterflood Units Summary Superintendent, Osage Agency, to Jose Zuni, Area Director, Muskogee Area Office, re: report dated May 22, 1984 from Tribal Auditor, Bert Pappan, concerning cash overdraft from Osage Tribal Appropriation 14X7386 Bert J. Pappan, Tribal Auditor, to Superintendent, Osage Agency, Memorandum on Osage Tribal Collections. Osage Agency to Assistant Secretary of Indian Affairs regarding Osage Tribal Collections From Bert Pappan to Jack Shoemate regarding Financial Problems Chief, Branch of Finance and Accounting, to Superintendent, Osage Agency, re: Osage Tribal Collections Bert Pappan to Newell Barker regarding Osage Tribal Collections Osage Tribal Council to Jack Shoemate regarding Summary and Detail of Trust Funds for the Month Ending 07/1984 House Report No. 98-988, Allowing Variable Interest Rates for Indian Funds Held in Trust By the United States, 98th Congress, 2nd Session Oil and Gas Task Force Oil Accounting Paper Newell Barker to Various Persons regarding the Accuracy for Distribution of Royalty on Consolidated Leases Bert Pappan to Superintendent of the Osage Agency regarding Osage Tribal Collections Chief, Division of Trust Funds Management, to Area Directors re: Investment Instructions to be in Writing Osage Tribal Council No. 26-475 Chief, Branch of Finance and Accounting, to Area Finance Officers, re: Public Law 98-451 Osage Tribal Council No. 26-494 Osage Tribal Council No. 26-497 Osage Tribal Council No. 26-545 From Newell Barker to Bert Pappan regarding Proposed Procedures for Bill and collection of Additional Oil Royalty From Bert Pappan to Jack Shoemate regarding Tribal Funds Osage Tribal Council No. 26-690

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
877 878 879 883 884 886 887 888 894 896 898 899 901 904 905 908 909 910 911 912 919 01/31/1986 02/14/1986 03/03/1986 03/24/1986 04/01/1986 04/04/1986 04/08/1986 05/02/1986 06/02/1986 06/27/1986 07/10/1986 08/14/1986 09/12/1986 12/16/1986 04/01/1987 04/13/1987 04/14/1987 04/16/1987 04/16/1987 04/21/1987 04/12/1988

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From John W. Vale, Cash Management Officer, BIA, to All Area Directors, AIRR-Lenexa, 075-04-1113, Box 36, :Phoenix Area." From Newell Barker, Chief, Branch of Minerals, Osage Agency, to Mary Lou Drywater, et al., Memo on Highest Posted Price Schedule(s) BIA Branch of Investments Portfolio Statistics 02/09/86 to 02/28/86 with Time Deposit General Journal and Income Summary Report From Acting Superintendent, Osage Agency, BIA, to Muskogee Area Director, Memorandum on Additional royalty Accounting Procedures From Bert J. Pappan to Osage Agency Minerals Branch, Memorandum on Proposed Procedures for Bill & Collection of Additional Oil Royalty. From Charlene Cozad, Oil Accounting Technician, to Newell Barker, Chief, Branch of Minerals, re: Higest Posted Price BIA Branch of Investments Portfolio Statistics 03/01/86 to 03/31/86 with Time Deposit General Journal and Income Summary Report BIA Branch of Investments Portfolio Statistics 04/01/86 to 04/30/86 with Time Deposit General Journal and Income Summary Report BIA Branch of Investments Portfolio Statistics 05/01/86 to 05/31/86 with Time Deposit General Journal and Income Summary Report BIA Branch of Investments Portfolio Statistics 06/01/86 to 06/30/86 with Time Deposit General Journal and Income Summary Report Status Report by Jim Littleton, Tribal Auditor to Osage Tribal Council Bert Pappan to Osage Agency regarding Official Trip to Albuquerque From Bert Pappan to Osage Tribe regarding Undistributed Interest Earnings on Overnight Investments From Bert J. Pappan, Tribal Auditor, to George Tallchief, Principal Chief, Osage Tribe, Memorandum on Mellon Bank Contract Implementation. Jim Parris to Muskogee Area Director regarding Osage Agency IIM and Tribal Trust Fund Projects George Tallchief to Jack Shoemate regarding BIA's failure to manage Tribal trust funds prudently as indicated by results of the Tribal Funds Interest Calculation Audit trial report From Newell Barker, Chief, Branch of Minerals, Osage Agency to Mary Lou Drywater, et al., Memo on Accounting Practices From Jack Shoemate, Superintendent, Osage Agency, to Area Director, Muskogee Area Office, BIA, AIRRLenexa, 075-04-1113-036. Chief of Branch of Trust Fund Accounting to Chief of Division of Accounting Management regarding Osage Agency Superintendent Memo dated 04/16/1987 George Tallchief to Jack Shoemate regarding the Bureau's Summary of Trust Funds for Osage Tribal Appropriations for the Period ending 03/31/1987 From Newell Barker, Chief, Branch of Minerals, Osage Agency to Robert Sellers, Exec. Dir., Fed Programs, Memo forwarding Minerals Contract Monthly Report for March 1988, AIRR-Lenexa, 075-05-1765-024, "Minerals Contract Monthly Reports" Jim Parris to Chief of Division of Trust Fund Management regarding Adjusting Entries related to Investment Transactions May 1992 Report by John Vale - Tribal Auditor for the Osage Finance Committee Comprehensive Annual Financial Report with Accompanying Auditor's Reports George Tallchief to BIA Division of Trust Funds Management regarding enclosed Tribal Cash Planning Questionnaire for Trust Fund Investment Portfolio Options Ed Red Eagle to Muskogee Area Director regarding MoneyMax Portfolio Statistics Report ending 04/30/1989 From Dennis Daugherty to the Assistant Secretary of Indian Affairs regarding investment of Indian Trust Funds in Agency securities Mrs. Camilla Fangburn Osage Tribal Council to Dwight Hollis Osage Indian Agency regarding Comparison report of Osage Agency and Oklahoma Tax Commission amounts of Koch Purchases Bert Pappan to Newell Barker regarding JSD Resources

920 924 925 926 928 930 931 932

04/18/1988 05/01/1992 09/30/1988 03/07/1989 05/19/1989 05/24/1989 07/07/1989 07/27/1989

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
934 938 940 960 961 968 969 972 982 983 986 992 995 996 997 998 999 1000 1001 1002 1003 1005 1006 1007 1008 1009 1032 1038 1046 1047 1095 1097 1098 1100 08/02/1989 08/11/1989 08/21/1989 11/14/1989 12/14/1989 02/07/1990 02/04/1990 02/08/1990 05/09/1990 05/11/1990 06/26/1990 09/24/1990 12/01/1990 07/01/1991 10/01/1990 11/01/1991 06/01/1991 08/01/1991 10/17/1990 04/01/1991 09/01/1991 02/01/1991 11/01/1990 05/01/1991 03/01/1991 08/01/1992 12/19/1980 01/11/1991 06/14/1991 06/19/1991 01/00/1976 12/16/1991 12/18/1991 01/02/1992

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DESCRIPTION
Newell Barker to Bert Pappan regarding JSD Resources - $15.00 Payment Adjustment Bert Pappan to Muskogee Area Director regarding Reconciliation of the Osage Agency Accounting Record and the Bureau's official reports for Osage Tribal Appropriation 14X7386 for Period Ending 07/31/1989 Documents used by Arthur Andersen for reconciliation of deposit dated 08/21/89 found at bates number 0006234 on CD provided to Tribe as part of Arthur Andersen reconciliation results Bert Pappan to Muskogee Area Director regarding the Reconciliation of Osage Agency Accounting Records and the Bureau's official reports for Osage Tribal Appropriation 14X7386 for the Period Ending 10/31/1989 Statement of Crude Oil Purchases for the Month of 11/89 From Jim Parris, Chief, Branch of Trust Fund Accounting to Ronald A. Newitt, Treasury Re: Agency Location Code 4844 - Outstanding Checks From Jim Parris to Ronald Nervitt regarding Agency Location Code 4844 - Outstanding Checks Newell Barker to the Superintendent Osage Agency regarding Inspector General's Audit Report From Newell Barker, Chief, Branch of Minerals, Osage Agency, to Carl Core, et al., Memo on Gauging Guidelines Tribal and Individual Indian Monies Trust Funds Financial Statements as of September 30, 1989 and 1988 Jim Parris to Ann Cook regarding List of Collection Deposit Data and Commercial banks located nearest to BIA Agency Sites Trust Fund Management Quarterly Status Report December 1990 Report by John Vale - Tribal Auditor for the Osage Tribe July 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee attaching Statistical Report and Memorandum concerning Investments October 1990 Report by John W. Vale - Tribal Auditor for the Osage Tribe November 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee June 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee attaching related Expenditure, Receipt, Investment and Statistical reports August 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee attaching related Memoranda, Expenditure, Receipt, Investment and Statistical reports October 1990 Report by John Vale - Tribal Auditor for the Osage Tribe April 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee September 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee February 1991 Report by John Vale - Tribal Auditor for the Osage Tribe November 1990 Report by John Vale - Tribal Auditor for the Osage Tribe May 1991 Report by John Vale - Tribal Auditor for the Osage Finance Committee March 1991 Report by John Vale - Tribal Auditor for the Osage Tribe attaching related Expenditure, Receipt, Investment and Statistical reports August 1992 Report by John Vale - Tribal Auditor for the Osage Finance Committee Investment Letter for $ 307,240.87 Charles Hurlburt to Newell Barker regarding Status Report on Findings on OIG BIA, Division of Trust Funds Accounting, Tribal Trust Funds Training Manual, AIRR-Lenexa, 075-04-0605-004. BIA, Investment Training Outline Summary of Oil Runs from Osage Leases for January 1976 - Sun Oil Tribal Overnight Interest for the period July 1, 1986 to December 31,1986 Osage Tribal Council No. 28-393 From Branch of Tribal Trust Funds Accounting to the Tribal Overnight Investment File/folder regarding Tribal Overnight Investment calculation - Adjusting for Untimely Encoded Items

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
1105 1106 1110 1166 1167 1184 1186 1187 1188 1191 1296 1303 1381 1392 1408 1434 1442 1480 1483 1493 1494 1495 1497 1500 1506 1514 1551 1649 1655 1668 1672 1675 1750 1759 1858 1863 01/31/1992 02/07/1992 03/06/1992 10/18/1982 10/27/1992 03/26/1993 04/20/1993 04/20/1993 04/21/1993 05/01/1993 09/30/1994 10/12/1994 11/01/1990 06/20/1995 08/07/1995 06/12/1996 09/25/1996 08/01/1980 10/21/2001 01/24/2003 01/24/2003 03/28/2003 05/27/2003 09/09/2003 11/19/2004 04/01/2005 03/21/1986 10/27/2005 10/31/2005 11/03/2005 11/03/2005 11/03/2005 12/08/2005 02/25/1976 11/26/1980 11/01/1980

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From Jack Shoemate to Muskogee Area Director regarding Proposed Amendment to 25 CFR 226 From Assistant Secretary of Indian Affairs to Muskogee Area Director regarding Proposed Amendment to 25 CFR 226.11(a)(2) attaching Osage Tribal Council Resolution No. 28-393 Edward Street to Albuquerque Office regarding the Level of Activity on the Reconciliation Project and related matters From Nancy White to Lou Billy, et al., Memo on Late Penalty on Wire Transfer Funds, Osage Agency Files From Newell Barker to Gordon Jackson regarding Modification to 25 CFR 226.11(a)(2) with Attachments 1-11 From Acting Director, Office of Trust Responsibilities, to Director, Office of Congressional and Legislative, re: Request for approval of proposed rule for Publication in the Federal Register Exception form #AA00000 5023 from Arthur Andersen reconciliation project dated 04/20/93 provided on CD to tribe as part of reconciliation results Exception form #AA00000 5022 from Arthur Andersen reconciliation project dated 04/20/93 provided on CD to tribe as part of reconciliation results Exception form #AA00000 5032 from Arthur Andersen reconciliation project dated 04/21/93 provided on CD to tribe as part of reconciliation results Reconciliation Work Plan Modification #9 Section VII - Collections From Greg Chavarria to The Files re: BIA - Meeting to discuss global Fill the Gap options November 1990 Report by John W. Vale - Tribal Auditor for the Osage Tribe Transmitting attached Statement of Crude Oil Purchases for the Month of 11/89 and documents related to lease Arthur Andersen Reconciliation Project Issue Papers 1 through 50 Osage of Oklahoma -- Info on Accounts Osage Tribal Council No. 29-400 AICPA Professional Standards, AU Section 326 Evidential Matter Affidavit by Jim Parris OTFM DOP, Volume I - Field Cash Section II Receipting OTFM DOP, Volume I - Electronic Funds Transfer Section II Receipting DOI Comprehensive Trust Management Plan Office of the Chief Information Officer - Indian Affairs Information Technology Policy Exhibit 5 - Deposition Transcript of Daniel Reineke OTFM DOP, Volume I - Section V Investing Policy Manual Series: Investing - Office of the Special Trustee for American Indians (OST) Investment Policy attaching Memorandum regarding Investment of Indian Trust Funds in Agency Securities General Ledger Control Cards, Indian Tribal Fund Gas Investments Investment of Tribal Trust Funds, Terence Kehoe, Ph.D. Treasury Bill Rates of Interest Expert Report of Charles R. Lundelius, Jr. CPA/ABV Expert Report of Ronnie Martin with attachments thereto Expert Report of Gregory J. Chavarria with attachments thereto Expert Report - Supplement of Gregory J. Chavarria with all Exhibits Telegraphic Message dated 2/25/76 for $100,000 Sun Posted Price Bulletin Sun Posted Price Bulletin

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
1869 1888 1891 2122 2134 2259 2260 2261 2264 2265 2267 2273 2275 2296 2298 2305 2306 2307 2309 2314 2315 2317 2326 06/27/1989 07/00/1989 01/22/1986 10/25/1976 09/12/2005 02/18/1972 11/18/1970 11/24/1970 04/00/1983 12/13/1982 08/14/1984 04/02/1984 00/00/1984 10/16/1978 07/26/1979 06/30/1987 03/22/1985 09/02/1983 04/05/1984 04/16/1923 06/01/1936 04/01/1946 12/19/1972

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DESCRIPTION
Kerr-McGee Posted Price Bulletin Posted Price Bulletins July 1989 Posted Price Bulletins for Febuary 1986 used for determining highest posted price From R.A. Easterly, United Representative, North Burbank Unit, Phillips Petroleum Company, to Working Interest Owners, The North Burbank Unit, re: the consent order between Phillips and Department of Energy Parties' Joint Appendix filed with the Court on September 12, 2005 From David Baldwin to Area Director, Muskogee Area Attn: Hugh Strickland Regarding Organizational Chart Osage Agency Enclosed No. 23-36 Osage Tribal Council adapts revision of Regulation Governing the Leasing of Osage Mineral Reservation Lands for Oil and Gas Mining, 25 CFR, Part 183 From George Daly, Jr. to John Pappan Regarding Comments and Suggestions Concerning the Proposed Regulations (draft 11-6-70) of Osage Reservation lands. Enclosed Article IV Contract Attachments A, B, C Amendment of Solicitation/Modification of Contract, Contract No. G00C14203690 Modification No. 2 with Attachment A Budget of Allowable Costs Amendment of Solicitation/Modification of Contract, Contract No. G00C14203690 Modification One, Budget of Allowable Costs From Robert Sellers to Jack Shoemate Regarding First Quarter Report: Minerals/Administrative Support Article III General Contract Provisions From Alton Nordwall to Superintendent Osage Agency regarding Osage Tribal Budget FY 1979 Attached Resolution No. 25-46 and Explanation of Proposed Tribal Budget Items Advice of Authorization No. G-271-79 Osage Agency organizational chart Osage Agency organizational chart Osage Tribal Council organizational chart Osage Organizational Chart From J. George Wright, Superintendent, Osage Agency, to Empire Companies, re re-execution of division orders Resolution No. 25 authorizing blanket lease Shell Oil Company Crude Oil Bulletin No. 7 From David Mosso, Commissioner of Accounts, Treasury, to Kasmir S. Kay, Chief, Division of Financial Administration, Office of the Budget, Interior, re Amendment No. 3 to Treasury-General Accounting Office Joint Regulation No. 3, which amended the definition of "available receipts" From Chief, Division of Financial Management, BIA, to All Area Directors re Reclassification of Indian Tribal Trust Fund Deposits in the Treasury of the United States as Available Receipts (Attaching Amendment No. 3) Appendix, Schedule No. 1 of Monthly Price Adjustments From David Baldwin, Superintendent, Osage Agency, to Sun Oil, Bigheart Pipe Line, CRA, Inc., Koch Oil, Phillips Petroleum, Ceja Corp., and Kewanee Oil re letter of 8/7/75 concerning price postings on exempt oil for June, July, and August 1975 From David Baldwin, Superintendent, Osage Agency, to Bigheart Pipe Line, CRA, Ceja Corp., Kewanee Oil, Koch Oil, and Phillips Petroleum re handling and payment of additional royalty due by the various lessees of Osage oil leases From David Baldwin, Superintendent, Osage Agency, to CRA, Inc., Kewanee Oil, Koch Oil, Texaco, handling and payment of additional royalty due by the various lessees of Osage oil leases. Attaching handwritten notes re what oil companies will pay, and response letters from Sun Oil, Mid-Continent, and Texaco From Acting Deputy Assistant Secretary - Indian Affairs to All Area Directors re Use of Electronic Fund Transfer Deposits for all single deposits of $25,000 or more. Attachments include lists of Tribal Fund Collections over $25,000 and portion of 42 BIAM Supplement No. 3, 3.14 Electronic Funds Transfer Deposits

2327 2328 2331

01/10/1973 03/01/1976 08/11/1975

2332

10/07/1975

2334

10/27/1976

2337

10/04/1985

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DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
2338 01/26/1990

Document 219-3

Filed 03/29/2006

Page 10 of 26

DESCRIPTION
From Newell Barker, Chief, Branch of Minerals, Osage Agency, to George Tallchief, Principal Chief, Osage Tribe, re royalty credits. Attaching 1/25/90 memo from Charlene Cozad, Production Analyst, to Newell Barker, Chief, Branch of Minerals re Additionally royalty credits attaching list of credits Pricing Schedule by Gravity for the Month of February 1986 (Supp. Ex. A-3) Second Amendment to Tribal Contract From Jess T. Town, Deputy Area Director, to George E. Tallchief re enclosed contract between Osage and Bert Pappan with attached contract From Bert J. Pappan to Jack Shoemate, Superintendent, re oil and gas royalty income for period ending August, 25, 1989 Federal Energy and Mineral Resources Act of 1982, Hearings Before the Committee on Energy and Natural Resources United States Senate, 97th Congress, 2nd Session on S. 2305 Dated May 3, 1982 and May 17, 1982. Regular Meeting of the Osage Tribal Council held at the Osage Auditorium, Monday, January 12, 1948, Pawhuska, Oklahoma From Acting Chief, Branch of Finance and Accounting to Chief, Branch of Investments regarding differences on Reports for May and SF 224 From Acting Chief, Branch of Finance and Accounting to Chief, Branch of Investments regarding differences appearing on Status of Trust Funds and Manual Controls From Chief, Branch of Finance and Accounting to Chief, Branch of Investments regarding differences on SF 133 and Receipts on SF 224 From Daniel Baldwin, Superintendent, Osage Agency to John Vale, Chief, Branch of Investments regarding visit to Osage Agency to review all phases of the Bureau's Investment Program with Agency Staff From Superintendent, Osage Agency to Assistant Secretary of Interior, Indian Affairs, Tommy Riggs, Minerals Specialist regarding Proposed Amendments to 25 CFR 226 Leasing of Osage Reservation Lands for Oil and Gas Mining From Superintendent, Osage Indian Agency to John Vale, Chief, Branch of Investments regarding Investments of Osage Tribal Funds 14x7386 Alameda/Damson Lease (SE 13-26-11) Royalty Rate Review From Superintendent, Osage Agency to Acting Assistant Secretary, Indian Affairs regarding proposed amendments to 25 CFR 226 - Leasing of Osage Reservation Lands for Oil and Gas Mining From Wakon Red Corn, Superintendent, Osage Agency to Rae Wynn, Chief, Management Research & Evaluation, Office of Administration regarding proposed rule amending 25 CFR 226 - Leasing of Osage Reservation Lands for Oil and Gas Mining From Newell Barker, Chief, Branch of Minerals Osage Agency, to Superintendent, Osage Agency regarding Status of Modification to Regulations and Additional Royalty Resume of Background and Experience of Milton K. Dial From Chief, Royalty Compliance Division to Royalty Compliance Office Chiefs enclosing Draft Audit Procedures Manual Statement of Sylvester J. Tinker, Principal Chief, Osage Tribe of Indians in Oklahoma before the Commission on Fiscal Accountability of The Nations Energy Resources From Director of Financial Management, DOI, to the Files re Field Trip - October 25-30, 1981 - Review of the Osage Accounting System for Oil and Gas From Donald E. Clark, Senior Advisor, Banking Management Branch, to Phillip J. Daniels, Chief, Division of Financial Administration re: response to agency's request to authorize National Bank of Commerce, Pawhuska, Oklahoma to accept deposits from the Bureau of Indian Affairs, Osage Agency for credit to the Treasury's General Account Resolution of the Osage Tribal Council No. 26-60 Resolution of the Osage Tribal Council No. 26-62 Resolution of the Osage Tribal Council No. 26-94 Resolution of the Osage Tribal Council No. 26-163 Resolution of the Osage Tribal Council No. 26-246 Resolution of the Osage Tribal Council No. 26-365

2343 2348 2349 2354 2368

03/00/1986 03/02/1984 12/20/1982 08/29/1989 05/17/1982

2371 2373 2374 2375 2376 2378

01/12/1948 06/21/1979 06/21/1979 07/17/1979 05/23/1979 04/08/1983

2379 2380 2382 2385

11/08/1983 06/22/1984 11/27/1985 08/21/1986

2387 2389 2391 2392 2393 2394

04/03/1992 01/01/2006 10/25/1982 01/01/1981 11/13/1981 01/04/1990

2399 2403 2406 2411 2419 2426

09/15/1982 09/24/1982 11/17/1982 04/20/1983 09/21/1983 06/20/1984

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DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
2427 2428 2429 2430 2431 2432 2434 2435 2440 2442 2443 2444 2445 2446 2447 2448 2457 2458 2460 2463 2470 09/16/1984 09/19/1984 10/17/1984 10/17/1984 12/13/1984 05/15/1985 12/18/1985 05/28/1986 07/19/1989 03/03/1986 03/03/1986 03/03/1986 03/31/1986 02/01/1986 03/31/1986 03/31/1986 08/24/1989 08/25/1989 02/25/1976 12/19/1980 08/28/1987

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DESCRIPTION
Resolution of the Osage Tribal Council No. 26-413 Resolution of the Osage Tribal Council No. 26-415 Resolution of the Osage Tribal Council No. 26-438 Resolution of the Osage Tribal Council No.26-437 Resolution of the Osage Tribal Council No. 26-456 Resolution of the Osage Tribal Council No. 26-568 Resolution of the Osage Tribal Council No. 26-689 Resolution of the Osage Tribal Council No. 26-754 Resolution of the Osage Tribal Council No. 27-408 Bureau of Indian Affairs, Branch of Investments Portfolio Statistics for Period 2/01/1986 to 2/28/1986 Bureau of Indian Affairs, Branch of Investments Time Deposit General Journal for the Period 2/1/1986 to 2/28/1986 Bureau of Indian Affairs, Branch of Investments Income Summary Report - Time Deposits for the Period 2/1/1986 to 12/31/1999 Reconciliation Statement Osage Agency / Summary of Trust Funds Tribal Appropriation 14x7386 Electronic Fund Transfers for the Month of February 1986 Summary of Trust Funds as of March 31, 1986 Detail of Trust Funds as of March 31, 1986 CT08Z0236 - Arthur Andersen Underlying Transaction Document CT08Z0237 - Arthur Andersen Underlying Transaction Document CT02G0072 - Arthur Andersen Underlying Transaction Document CT12T6458 - Arthur Andersen Underlying Transaction Document From Jim Littleton, Tribal Auditor, to Jack Shoemate, Superintendent, Osage Indian Agency, Camille Pangburn, Chairman, Finance Committee, Osage Tribal Council, George Tallchief, Principal Chief, Osage Indian Nation, Newell Barker, Chief, Branch of Minerals, re: Biweekly Status Report Resolution of the Osage Tribal Council No. 21-126 Resolution of the Osage Tribal Council No. 24-384 Resolution of the Osage Tribal Council No. 21-190 Information Regarding Fiscal Year 1991 Oil & Gas Funds (14x7386) Prepared by John W. Vale, Tribal Auditor From Superintendent, Osage Agency, to Area Director, Muskogee Area Office, re: Quarterly Annuity Payment U.S. Department of the Interior Office of the Special Trustee for American Indians Report on Applying AgreedUpon Procedures and Consulting Services for Osage Nation of Oklahoma History of Illinois Basin Posted Crude Oil Prices From Ronnie Martin to Charles Hurlburt, Osage Agency, attaching Phillips crude oil statements for N. Burbank for 5/79 and 11/80 From Superintendent, Osage Agency, to Muskogee Area Director, re: Okie Crude Co., et al., v. Muskogee Area Director Summary of Trust Funds as of Sept. 30, 1979 This is to inform you of action taken regarding the disposition of invested trust funds or the new investment of U.S. Treasury funds for 930 Osage. BIA Summarized Statement of Account G06930 - Osage Nation of Oklahoma Account Number 7386 Fiscal Year 1990 Summary of Trust Funds as of August 31, 1989 Detail of Trust Funds as of Nov. 30 1989

2473 2474 2475 2476 2480 2481 2482 2483 2484 2488 2489 2492 2493 2494

08/25/1964 09/21/1977 11/30/1965 01/01/1991 02/20/1991 02/04/1997 09/26/2005 05/01/1979 04/05/1993 09/30/1979 07/20/1979 01/01/1990 08/31/1989 11/30/1989

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DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
2495 2496 2497 2498 2500 2501 2508 2512 2567 2570 2571 2572 2573 2574 2661 01/01/1989 08/12/1989 02/01/1986 02/01/1986 04/04/1986 01/16/1981 03/31/1976 05/14/1976 01/24/1986 03/31/1976 02/29/1976 04/30/1976 05/31/1976 03/31/1976 10/21/1977

Document 219-3

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Page 12 of 26

DESCRIPTION
Summary of Trust Funds as of Final 1989 Statement of Crude Oil Purchases for the Month of 07/89 - Farmland Industries, Inc. Oil Production Report for the Month of Feb. 1986 Ceja Corporation Waterflood Report for the Month of February 1986 Proceeds of Oil and Gas Leases and Royalties for Osage Reservation of Oklahoma Oil Lessee's Report for Month of June through November, 1980 Trust Funds Investments Public Vouchers for Purchases and Services Other than Personal Conoco Inc. Crude Oil Price Bulletin No. 1986-04 Investment Report Part I - Trust Funds Investments Trust Funds Investment Report 2-29-76 Trust Funds Investment Report 4-30-76 Trust Funds Investment Report 5-31-76 Trust Funds Investment Report Part II & III 3-31-76 From Frederick N. Ferguson, Deputy Solicitor, to Paul Bloom, Deputy General Counsel re Department's legal position on the royalty matters on which this Department and the FEA were in disagreement. Attaching Memorandum of Law. Hearing before the Select Committee on Indian Affairs United States Senate Ninety-Seventh Congress First Session on Federal Supervision of Oil and Gas Leases on Indian Lands Billings MT Oil Production Report for the Month of February 1986 Oil Production Report for the Month of July 1989 Okie Crude Co et al v. Muskogee Area Director BIA IBIA 92-18-A Appeals from Assessments of Additional Royalties on Osage Oil and Gas Leases Melvin E. Acott, et al., vs. Muskogee Area Director, Bureau of Indian Affairs No. IBIA 92-95-A Appellants' Reply Brief Melvin E. Acott, et al., vs. Muskogee Area Director, Bureau of Indian Affairs No. IBIA 92-95-A Exhibits Submitted With Appellants' Reply Brief Part C Regarding six Appellants added to appeal in Acott v. Muskogee Area Director No. IBIA-92-95-A and attached Motion filed on 02/18/1992 with Exhibits 1 thru 6 and List of Apellants Freedom of Information Act Request Attaching Receipt of Certified Mail No. P-460-849-016 and Exhibit A Regarding Seeking Access to Copies of Various Records of Oil Producers and Oil Lessees Operationg in Osage County such as Run Checks 1, 6, 11, 16, 21, 26, 31, 36, 41, 46, and 51 Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Pricing Schedule By Gravity for January 31, 1988 Farmland Industries, Inc. Owner Number 090711 Crude Oil Payment Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule by Gravity for March 31, 1988. Sun Refining and Marketing Company Royalty Oil and Gas Statement Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule by Gravity for April 30, 1989 Sun Company Mining and Marketing (Royalty Payables) Royalty Oil and Gas Statement Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule by Gravity for April 30, 1990 Farmland Industries, Inc Owner Number 090711 Crude Oil Payment Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule by Gravity for October 31, 1990.

2662 2669 2671 AR001.00 AR002.00 AR003.00 AR003.01 AR003.02 AR003.03 AR003.04 AR003.05 AR003.06 AR003.07 AR003.08 AR003.09 AR003.10 AR003.11 AR003.12

02/27/1981 02/01/1986 07/01/1989 02/05/1993 08/31/1992 08/31/1992 06/01/1992 01/03/1992 01/27/1992 02/02/1988 02/20/1988 04/05/1988 03/00/1988 05/03/1989 04/00/1989 05/04/1990 05/20/1990 11/06/1990

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
AR003.13 AR003.14 AR003.16 AR003.17 AR003.18 AR003.19 AR003.20 AR003.21 AR003.22 AR003.23 AR003.24 AR003.25 AR004.00 AR004.02 AR004.03 AR004.04 AR005.00 AR006.00 AR006.02 AR006.03 AR006.04 AR006.05 AR006.06 AR006.07 AR006.08 AR006.09 AR006.10 AR006.11 AR006.14 03/05/1991 03/20/1991 03/16/1992 07/03/1912 08/26/1915 11/06/1991 12/20/1991 02/19/1992 06/05/1986 08/20/1992 08/31/1992 12/16/1991 07/30/1992 07/29/1992 07/29/1992 07/30/1992 05/29/1992 05/29/1992 00/00/0000 06/14/1991 08/14/1990 09/06/1990 10/05/1990 04/03/1991 10/29/1991 10/09/1990 02/11/1991 12/01/1990 08/31/1990

Document 219-3

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Page 13 of 26

DESCRIPTION
Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule of Gravity for February 28, 1991 Farmland Industries, Inc Owner Number 090711 Crude Oil Payment Business Hard Times "The Great Energy Bust, More Than any Previous Recession in the U.S. Oil and Gas Industry, this one Smells Dangerously Permanent" Regulations to Govern the Leasing of Lands in the Osage Reservation, Okla., for Oil and Gas Mining Purposes Regulations to Govern the Leasing of Lands in the Osage Reservation, Okla., for Oil and Gas Mining Purposes William Haney to Douglas Wilson notifying that the Muskogee Area Director, Granted an Extension of Time, to File Rebuttal, for November 6, 1991 to November 25, 1991 Douglas Wilson to Ramona Bedford Regarding Freedom of Information Act Request No. P-460-849-013 Attaching Receipt for Certified Mail Jack Shoemate to Douglas Wilson Responding to Freedom of Information Act Request of December 20, 1991, for copies of Various Memoranda Concerning Additional Royalty Owed to the Indians Department of the Interior Departmental Manual Part 200 General Provisions Melvin E. Acott, et al., v. Muskogee Area Director BIA No. IBIA-92-95-A Affidavit Of J. M. Graves Melvin E. Acott, et al., vs. Muskogee Area Director BIA No. IBIA 92-95-A Affidavit of Douglas A. Wilson Osage Lease Activity Edit List Melvin E. Acott, et al, A. E. Basinger, Jr., et al, and Union Oil Company of California, d/b/a Unocal v. Muskogeee Area Director Nos. IBIA 92-95-A, 92-96-A, 92-99-A Brief of Appellee Exhibit 2 Affidavit of Newell Barker Attaching Memorandum Addressing Superintendent Regarding Oil Price Bonus Exhibit 3 Affidavit of Charles R. Hurlburt Attaching List of Top Oil Companies For Month of Jun-91 Using Oklahoma and Kansas Runs and List of Top 95% Companies For Month of Jun-90 Using Osage County Runs Tim Vollmann to Judge Kathryn Lynn regarding Original and One Copy of a Brief of Appellee, Muskogee Area Director, and a Certificate of Service Melvin E. Acott, et al., vs. Muskogee Area Director BIA No. IBIA-92-95-A Appellants' Opening Brief Melvin E. Acott, et al., vs. Muskogee Area Director BIA No IBIA 92-95-A Exhibits Submitted With Appellants' Opening Brief Part A Petroleum Information Lease Map Coverage Rocky Mountain, East Coast, Northeast and MidWest, MidContinent, and Southern Geo Daly to Osage Tribal Council Concerning a Major Conflict Between the Osage Mineral Trust and the Oil Producers on the Basis for determining the Crude Oil Price for Royalty Payment Federal Register Vol. 55, No. 157 Rules and Regulations Leasing of Osage Reservation Lands for Oil and Gas Mining Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest price for crude oil Attaching Osage Pricing Schedule by Gravity for August 1, 1990 through January 1, 1988 Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest price for crude oil Attaching Osage Pricing Schedule by Gravity for September 1 thru September 30, 1990 Notice: To All Oil and Gas Lessees and Crude Oil Purchasers on highest posted price for crude oil Attaching Osage Pricing Schedule by Gravity for October 1, 1990 through June 30, 1991 Affidavit of Michael F. O'Brien Farmland Industries Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, and Lease Nos. Farmland Industries Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, and Lease Nos. Polaris Energy Development Company Crude Oil Purchase/Sale Contract Attaching Exhibit A List of Lease Names and Lease Nos. Farmland Industries, Inc. Lease Crude Purchase Contract Attaching General Provisions Lease Crude Purchase Contract, Exhibit A Listing Seller, Buyer, and Lease Nos., and Letter Discussing Oil Purchase Contract # BOK07-90

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
AR006.15 AR006.16 AR006.17 AR006.18 AR006.19 AR006.20 AR006.21 AR006.22 AR006.23 AR007.00 AR007.01 AR007.02 AR007.03 AR007.04 AR007.05 AR007.06 AR007.07 AR007.08 AR008.00 AR009.00 AR010.00 08/15/1990 08/13/1990 08/07/1990 08/06/1990 07/25/1990 02/15/1990 12/08/1989 06/00/1991 06/00/1991 05/29/1992 00/00/1991 03/20/1991 10/04/1991 08/21/1991 08/07/1991 07/31/1991 01/05/1992 10/16/1963 06/18/1992 06/15/1992 06/01/1992

Document 219-3

Filed 03/29/2006

Page 14 of 26

DESCRIPTION
Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, and Lease Nos. Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, and Lease Nos. Farmland Industries, Inc. Lease Oil Production Purchase and Sale Letter Agreement Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, Lease Names, and Lease Nos. Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, Lease Names, and Lease Nos. Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, Lease Names, and Lease Nos. Farmland Industries, Inc. Lease Crude Purchase Contract Attaching Exhibit A Listing Seller, Buyer, Lease Names, Lease Nos. and Crude Operator Leases Farmland Industries, Inc. Crude Oil Price Bulletin Summaries June 1991 - April 1, 1990 Sun Crude Oil Price Bulletin Summaries June 1991 - April 1990 Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Exhibits Submitted with Appellants' Opening Brief Part B (attaching Exhibits 26-34) Koch Oil Company Crude Oil Price Lists 1991 thru 1989 Crude Oil Payment Tickets Regarding attached letter concerning the issue of payment of royalty for crude oil produced from the Osage Tribal mineral reserve Regarding attached inquiry concerning issue of the "highest bona fide selling price" of crude oil in the Osage Nation mineral reserve Response to attached correspondence regarding the price of crude oil in the Osage Nation mineral reserve Regarding attached inquiry dated 06/24/1991 concerning the issue of the "highest bona fide selling price" of crude oil in the Osage Nation mineral reserve Tulsa World Big Oil Looking Outside US for Crude Blanket Oil Mining Lease Roy Lawrence Drilling Company Inc vs. Muskogee Area Director BIA No. IBIA 92-90-A Motion to Withdraw as Counsel of Record Roy Lawrence Drilling Co Inc v. Muskogee Area Director BIA No. IBIA 92-90-A Order allowing Withdrawal of Counsel and Requesting Status Infromation from Appellant Clarification as to number of total Appellants and inquiry into status of Motion filed on 02/18/1992 attaching Exhibits 1 thru 6, Motion for Order Nunc Pro Tunc to include Apellant in the Board's 11/20/1991 Order Docketing and Dismissing Appeals and Osage Producers Association List of Appellants as of 06/01/1992 Union Oil Company of California dba Unocal v. Muskogee Area Director BIA No IBIA 92-99-A Apellant Unocal's Opening Brief Exhibits A thru C for Union Oil Company of California dba Unocal v. Muskogee Area Director BIA No IBIA 92-99A Apellant Unocal's Opening Brief Tallgrass Petroleum Corp v. Muskogee Area Director BIA and Melvin E Acott et al v. Muskogee Area Director Nos. IBIA 92-95-A and IBIA 92-98-A Order Dismissing Docket No. IBIA 92-98-A and adding Appellant to Docket No. IBIA 92-95-A Tallgrass Petroleum Corp Lessee No. 1172 v. Muskogee Area Director BIA No. IBIA 92-98-A Motion to add Appeal to Existing Group Appeal Fell Oil and Gas Company v. Muskogee Area Director and Melvin E Acott et al v. Muskogee Area Director BIA Nos. IBIA 92-63-A and IBIA 92-95-A Order Dismissing Docket No. IBIA 92-63-A and Adding Appellant to Docket No. IBIA 92-95-A Charles L Jenkins dba Jenkins Drilling Co. and Evelyn Simmons v. Muskogee Area Director BIA and Melvin E Acott v. Muskogee Area Director BIA Nos. IBIA 92-41-A and IBIA 92-95-A Order Dismissing Docket No. IBIA 92-41-A and Adding Appellants to Docket No. IBIA 92-95-A

AR011.00 AR011.01 AR012.00

05/29/1992 06/27/1937 05/18/1992

AR013.00 AR014.00

05/12/1992 05/12/1992

AR015.00

04/29/1992

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Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
AR016.00 04/23/1992

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Filed 03/29/2006

Page 15 of 26

DESCRIPTION
Tallgrass Petroleum Corp Lessee No 1172 vs. Muskogee Area Director BIA No IBIA 92-98-A Motion to add Appeal to Existing Group Appeal attaching Evelyn B Simmons v. Muskogee Area Director BIA No. IBIA 92-41-A Motion to add Appeal to Exisiting Group Appeal Burkhart Petroleum Corporation Lessee No. 127 vs. Muskogee Area Director BIA Motion to add Appeal to Existing Group Appeal Burkhart Petroleum Corporation Lessee No. 127 vs. Muskogee Area Director Dismissal of Notice of Appeal Burkhart Petroleum Corporation v. Muskogee Area Director BIA No IBIA 92-137-A Order Docketing and Dismissing Appeal Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Motion Burkhart Petroleum Corporation Lessee No. 127 vs. Muskogee Area Director BIA Notice of Appeal Affidavit of Wayne Yeckley on behalf of Burkhart Petroleum Corporation, Lessee No. 127 Regarding attached Ledger Sheet providing information as to the amount owed the tribe for Additional Royalty Charles I and Barbara K Hall v. Muskogee Area Director BIA and Melvin E Acott et al v. Muskogee Area Director BIA Nos. IBIA 92-129-A and IBIA 92-95-A Order Dismissing Docket No. IBIA 92-129A and Adding Appellants to Docket No. IBIA 92-95-A Charles I and Barbara K Hall, Lessee No. 817 vs. Muskogee Area Director BIA No. IBIA 92-129-A Motion to Add Appeal to Existing Group Appeal Moravia Energy Resources Inc. v. Muskogee Area Director BIA No. IBIA 92-121-A Order Denying Reconsideration Moravia Energy Resources to DOI regarding Appeal BIA Pricing under 25 CFR Part 226.11, Appeal in accordance with 43 CFR 4.310-4.340 Attaching Additional Royalty Ledger Sheet for Lessee No. 1005 Moravia Energy Resources Inc. Scott A Gray v. Muskogee Area Director BIA No. IBIA 92-122-A Order Denying Reconsideration Charles I and Barbara K Hall v. Muskogee Area Director BIA No IBIA 92-129-A Notice of Docketing and Stay of Briefing A E Basinger Jr. et al vs. Muskogee Area Director BIA No IBIA 92-96-A response by Appellants in Melvin E Acott et al v. Muskogee Area Director BIA Docket No IBIA 92-95-2 to Appellants' Motion to Reconsider and to Clarify Appellants' Prior Motion to Consolidate Appeals Exhibit A Mix Energy Limited IV v Muskogee Area Director BIA and Melvin E Acott et al v. Muskogee Area Director BIA Nos. IBIA 92-43-A and IBIA 92-95-A Order Dismissing Docket No. IBIA 92-43-A and Adding Appellant to Docket No. IBIA 92-95-A Exhibit B Listing of Lessee Name, Amount Due, Date Paid and Amount Paid Exhibit C Regarding Additional Royalty Benjamin Abney to Jack Shoemate regarding Actions taken by the Osage Agency BIA to Prohibit or Restrict Free Transfer of Oil and Gas Leases in Osage County Exhibit E Ralph Dawson v. Muskogee Area Director BIA No IBIA 92-106-A Order Docketing and Dismissing Appeal Roy Putnam v. Muskogee Area Director BIA No IBIA 92-125-A Response to Order to Show Cause attaching letter from Howard Heuston to Judge Kathryn Lynn regarding unfair assessment of additional compensation for products sold Howard Heuston aka M&H Enterprises v. Muskogee Area Director BIA No IBIA 92-123-A Order to Show Cause attaching letter from Howard Hueston to Interior Board of Appeals appealing decision to place additional royalties on the production of Lessee 474 per attached Additional Royalty Ledger Sheet Roy Putnam v. Muskogee Area Director BIA No. IBIA 92-125-A Order to Show Cause Paul E Northcutt v. Muskogee Area Director BIA No. IBIA 92-124-A Order to Show Cause Melvin E. Acott et al vs. Muskogee Area Director BIA No IBIA 92-95-A Supplemental Reply to Appellee's Response to Appellants' Objection to Record Exhibit A Response to Freeedom of Information Act Request dated 10/20/1991 seeking copies of various memoranda concerning additional royalty owed to the tribe Pre-Docketing Notice re Notice of Appeal by Charles I and Barbara K Hall Lessee 817 from a 10/21/1991 Decision of the Muskogee Area Director BIA assessing Additional Royalty under and Osage Oil and Gas Lease

AR017.00 AR018.00 AR019.00 AR020.00 AR021.00 AR021.01 AR021.02 AR022.00

04/06/1992 04/15/1992 04/10/1992 04/07/1992 04/06/1992 04/01/1992 10/21/1991 04/02/1992

AR023.00 AR024.00 AR024.01

03/30/1992 03/27/1992 11/08/1991

AR025.00 AR026.00 AR027.00

03/24/1992 03/16/1992 03/09/1992

AR027.01

01/28/1992

AR027.02 AR027.03 AR027.04 AR027.05 AR028.00

11/15/1991 02/28/1992 02/17/1992 01/07/1992 03/05/1992

AR029.00

02/26/1992

AR030.00 AR031.00 AR032.00 AR032.01 AR033.00

02/26/1992 02/26/1992 02/24/1992 02/19/1992 02/19/1992

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DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
AR034.00 AR035.00 AR036.00 02/19/1992 02/11/1992 02/06/1992

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Page 16 of 26

DESCRIPTION
Pre-Docketing Notice re Notice of Appeal by Charles I and Barbara K Hall Lessee 817 from a 10/21/1991 Decision of the Muskogee Area Director BIA assessing Additional Royalty under and Osage Oil and Gas Lease Tip Asher Corporation vs. Muskogee Area Director BIA Motion for Order Nunc Pro Tunc to include Appellant in the Board's 11/20/1991 Order Docketing and Dismissing Appeals Unique Oil Inc. vs. Muskogee Area Director BIA No IBIA 92-62-A Motion for Order Nunc Pro Tunc to include Appellant in the Board's 11/13/1991 Order concerning Procedures and in the Board's 11/20/1991 Order Docketing and Dismissing Appeals attaching Entry of Appearance Hall, Charles I and Barbara K Lessee No 817 vs. Muskogee Area Director BIA Notice of Appeal Affidavit by Lee Dervin on Behalf of Hall, Charles I and Barbara K, Lessee No. 817 Additional Royalty Ledger Sheet Lessee No. 817 Hall, Charles I and Barbara K A E Basinger Jr. et al vs. Muskogee Area Director BIA Combined Motion to Consolidate Appeals and Supporting Brief Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Reply to Appellee's Response to Appellants' Objection to Record Exhibits A through HH for Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Reply to Appellee's Response to Appellants' Objection to Record Melvin E Acott et al v. Muskogee Area Director BIA No. IBIA 92-95-A Response to the Objection to Administrative Record Ross Swimmer to Manual Lujan regarding attached Briefing Paper for Sec Lujan setting forth issues to be discussed in reaching decision J M Graves to Manuel Lujan regarding information on how selling prices shall be determined and approval of contracts and terms Various correspondence in regards to tribe's thoughts on tribe's royalties due or highest posted price being waived Ross Swimmer to Manuel Lujan regarding royalty issue Unique Oil Inc v. Muskogee Area Director BIA No. IBIA 92-62-A Order for Clarification Texaco Inc v. Muskogee Area Director BIA No. IBIA 92-103-A Notice of Docketing Mix Energy Limited IV v. Muskogee Area Director BIA and Melvin E Acott v. Muskogee Area Director BIA Nos. IBIA 92-43-A and IBIA 92-95-A Order Dismissing Docket No IBIA 92-43-A and Adding Appellant to Docket No IBIA 92-95-A K C Oil Company v. Muskogee Area Director BIA No IBIA 92-110-A Notice of Docketing Okie Crude Company et al v. Muskogee Area Director BIA No IBIA 92-18-A Administrative Report Exhibit A Listing Received from Wilson, Record #, Date Received, Lessee Name, Lessee No. and Document Received Listing Received from Robinett, Record #, Date Received, Lessee Name, Lessee No. and Document Received Listing Independent Appeals, Record #, Date Received, Lessee Name, Lessee No. and Document Received Notice of Appeal re: Lessee No. 260 Osage Mineral Estate Lessee Paul E Northcutt et al d/b/a Wynona Oil & Gas with Exhibit B Additional Royalty Ledger Sheet (Illegible) Notice of Appeal re Roy Putnam attaching Affidavit of Roy Putnam Melvin E Acott et al v. Muskogee Area Director BIA No IBIA 92-95-A Order allowing Response to Objection to Administrative Record A E Basinger Jr et al v. Muskogee Area Director BIA No. IBIA 92-96-A Order concerning Administrative Record Melvin E Acott et al vs. Muskogee Area Director BIA No IBIA 92-95-A Objection to Record and Application for Subpoena Duces Tecums Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Exhibit A to Objection to Record and Application for Subpoena Duces Tecums Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Index to Exhibit B to Objection to Record and Application for Subpoena Duces Tecums (attaching Supplemental Rebuttals set forth in Appellant's Rebuttal as Exhibit 1)

AR037.00 AR037.01 AR037.02 AR038.00 AR039.00 AR039.01 AR040.00 AR040.01 AR040.02 AR040.03 AR040.04 AR041.00 AR042.00 AR043.00

02/06/1992 02/04/1992 00/00/1991 12/30/1991 02/03/1992 07/05/1991 01/30/1992 09/27/1991 10/04/1991 00/00/0000 10/08/1991 01/30/1992 01/30/1992 01/28/1992

AR044.00 AR045.00 AR045.01 AR045.02 AR045.03 AR045.04 AR045.05 AR046.00 AR047.00 AR048.00 AR049.00 AR050.00

01/28/1992 01/23/1992 00/00/0000 00/00/0000 00/00/0000 10/28/1991 11/05/1991 01/13/1992 01/09/1992 01/07/1992 00/00/0000 00/00/0000

Wednesday, March 29, 2006

Page 16 of 26

Case 1:99-cv-00550-ECH
DEFENDANT'S PROVISIONAL EXHIBIT NO. DOC_DATE
AR051.00 00/00/0000

Document 219-3

Filed 03/29/2006

Page 17 of 26

DESCRIPTION
Melvin E Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Index to First Half of Exhibit C to Objection to Record and Application for Subpoena Duces Tecums (attaching Affidavits set forth in Appellant's Rebuttal as Exhibit 2) Melvin E. Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Index to Second Half of Exhibit C to Objection to Record and Application for Subpoena Duces Tecums (attaching Affidavits set forth in Appellant's Rebuttal as Exhibit 2) Melvin E. Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Index to Exhibit D to Objection to Record and Application for Subpoena Duces Tecums (attaching Decision Letters and Invoices set forth in Appellant's Rebuttal as Exhibit #) Melvin E. Acott et al vs. Muskogee Area Director BIA No. IBIA 92-95-A Index to Exhibit E to Objection to Record and Application for Subpoena Duces Tecums (attaching Cover Page of each Rebuttal filed with the Muskogee Area Director's office on 11/19/1991) Pre-Docketing Notice re Notice of Appeal by K C Oil Company from a 10/21/1991 Decision of the Muskogee Area Director BIA assessing Additional Royalty under an Osage Oil and Gas Lease Union Oil Company of California dba Unocal v. Muskogee Area Director BIA No. IBIA 92-99-A Notice of Docketing and Stay of Briefing Tallgrass Petroleum Corp. v Muskogee Area Director BIA No. IBIA 92-98-A. Notice of Docketing and Stay of Briefing A.E. Basinger, Jr., et al v. Muskogee Area Director BIA No. IBIA 92-96-A Notice of Docketing and Stay of Briefing Melvin E. Acott, et al., v. Muskogee Area Director BIA No. IBIA 92-95-A Notice of Docketing and Stay of Briefing Braden-Deem, Inc., v. Muskogee Area Director BIA No. IBIA 92-94-A Notice of Docketing and Stay of Briefing Haps Oil & Gas Corp., v. Muskogee Area Director BIA No. IBIA 92-93-A Notice of Docketing and Stay of Briefing Kaye Lowry v. Muskogee Area Director BIA No. IBIA 92-97-A Notice of Docketing and Stay of Briefing Benton Oil and Gas Co., and Marmac Resources Co., John B. Staats, and William N. Staas, and Whiteman Industries v. Muskogee Area Director BIA Nos. IBIA 92-36-A, 92-65-A, 92-67-A, 92-78-A Motion in Opposition to Request for an Order Nunc Pro Tunc Pre-Docketing Notice regarding Appeal by Texaco Inc. from October 21, 1991, Decision of the Muskogee Area Director BIA assessing additional royalty under an Osage oil and gas lease Benton Oil and Gas Co., and Marmac Resources Co., John B. Staats, and William N. S