Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed: January 26, 2006 Nos. 99-550L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

DEFENDANT'S OBJECTIONS TO PLAINTIFFS' TRIAL EXHIBITS Defendant submits the following specific objections to Plaintiffs' proposed trial exhibits in response to this Court's Order of June 20, 2005. Exh. No. 21 Description GAO Report: Review of Supervision of Oil and Gas Operations and Production on Government and Indian Lands, dated 12/01/1959 GAO Report: Certain Deficiencies in Financial Management of Oil and Gas Activities, dated August 1964 OIG Report: Review of Oil and Gas Lease Revenue, dated 02/01/1969 GAO Report: More Specific Policies and Procedures Needed for Determining Royalties on Oil from Leased Federal Lands, dated 02/17/1972 OIG Report: Review of Royalty Accounting System for Onshore Oil and Gas Leases, dated 06/01/1975 1 Defendant's Objection Withdrawn by Plaintiff.

23

Relevance.

29 31

Withdrawn by Plaintiff. Relevance.

41

Withdrawn by Plaintiff.

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Exh. No. 42

Description OIG Report: USGS Royalty Accounting System Study of Solid Minerals Leasing Activities, dated 08/01/1975 OIG Report: Pilot Verification of Production Area, dated 02/01/1977 OIG Report: Review of Royalty Determination, Accounting, and Collection Activities for Gulf of Mexico Outer Continental Shelf Oil and Gas Leases, dated 06/01/1977 GAO Report: Oil and Gas Royalty Collections -- Longstanding Problems Costing Millions, dated 10/29/1981 Report of the Linowes Commission: Fiscal Accountability of the Nation's Energy Resources, dated January 1982 GAO Report: Oil and Gas Royalty Accounting -- Improvements Have Been Initiated But Continued Emphasis Is Needed to Ensure Success, dated 04/27/1982 Comptroller General Letter: Withdrawal of Approval of the Bureau of Indian Affairs Accounting System (GAO/AFMD-82-109), dated 08/16/1982 GAO Report: Overview of Department of the Interior's and Selected States' Royalty Accounting Systems (GAO/AFMD-81-107), dated 09/15/1982 GAO Report: Indian Royalties -- Interior Has Not Solved Indian Oil and Gas Royalty Payment Problems, dated March 1986

Defendant's Objection Withdrawn by Plaintiff.

48 49

Withdrawn by Plaintiff. Withdrawn by Plaintiff.

79

Relevance.

81

Relevance.

84

Relevance.

86

Hearsay. Relevance.

88

Relevance.

261

Relevance.

2

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Exh. No. 266

Description Mineral Revenues 1987: Report on Receipts from Federal and Indian Leases Division Order to Koch Oil Company (Arco Oil & Gas Co.) for Oil Production Mineral Revenues 1989: Report on Receipts from Federal and Indian Leases Senate Report 101-216: Final Report and Legislative Recommendations, Special Committee on Investigations of the Select Committee on Indian Affairs Mineral Revenues 1990: Report on receipts from Federal and Indian Leases Memorandum from DOI to Inspector General forwarding Final Audit Report (No. 90-60) of Selected Minerals Activities Conducted by the Minerals Branch, Osage Agency, Bureau of Indian Affairs, dated 06/01/2005 Mineral Revenues 1991: Report on receipts from Federal and Indian Leases Mineral Revenues 1993: Report on Receipts from Federal and Indian Leases Mineral Revenues 1994 - Report on Receipts from Federal and Indian Leases

Defendant's Objection Not produced to Defendant.

276 450

Not produced to Defendant. Relevance.

456 458

Not produced to Defendant. Not produced to Defendant.

471 499 504 515

Not produced to Defendant. Not produced to Defendant. Relevance.

Letter from Gordon Jackson to Charles Hearsay. Relevance. O. Tillman dated 10/18/1996 re declining offer to sign temporary division order presented to BIA staff on 10/17/1996 Mineral Revenues 1997: Report on Receipts from Federal and Indian Leases Mineral Revenues 1998: Report on Receipts from Federal and Indian Leases Mineral Revenues 1999: Report on Receipts from Federal and Indian Leases Not produced to Defendant. Not produced to Defendant. Not produced to Defendant.

517 519 521

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Exh. No. 524 529

Description Mineral Revenues 2000: Report on Receipts from Federal and Indian Leases Trust Foundations: An Introduction to Trust Reform and Change - Three-Day Training, Upper Mohawk, Inc., dated 12/10/2001 Report of Royalty Management and Delinquent Account Collection Activities, Fiscal Year 2000, Minerals Management Service Procedures for Penalty for Violation of Lease Terms (Late and Amended Oil and Gas Reports) Memo from Carole Revard to Oil & Gas Accounting dated 05/06/2004 re Policy and Procedures for employees, with attachments Draft Trust Examination Handbook, Office of Trust Review and Audit, dated 06/30/2004 Expert Report of Stephen A. Jay in Support of the Tranche One Investment Claims of Plaintiff Osage Nation, with exhibits Rebuttal Expert Report of Stephen A. Jay in Support of the Tranche One Investment Claims of Plaintiff Osage Nation, with exhibits Fiduciary Overview Program, Cannon Financial Institute Memo from Osage Agency Superintendent to Area Director, Muskogee, dated 03/05/1980 re GSA Rental Agreement Minerals Data

Defendant's Objection Not produced to Defendant. Hearsay. Relevance.

531

Relevance.

537

Relevance.

541

Hearsay. Relevance.

542

Relevance.

562

Does not satisfy requirements of FRE 702.

564

Does not satisfy requirements of FRE 702.

569 654

Hearsay. Relevance. Foundation for handwritten notes. Hearsay. Relevance.

655

Not produced to Defendant.

4

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Exh. No. 659 660 661

Description Record of a Proceeding of a Meeting of the Osage Council, dated 07/23/1906 Quarterly Schedules of Production of Oil from the Osage Reservation, 1912-1916 Petition from Tribe Members to the Osage National Council with letter transmitting same, dated 01/13/1913 Application by Raymond Red Corn for Position of Secretary of the Osage National Council, dated 01/28/1913 Letter from James Carroll to Fred Lookout dated 01/29/1913 re mass meeting to discuss proposed regulations Minutes of Osage National Council Meeting, dated 01/29/1913 Minutes of Osage National Council Meeting, dated 03/14/1913 Minutes of Osage National Council Meeting, dated 05/02/1913 Minutes of Osage National Council Meeting, dated 05/24/1913 Minutes of Osage National Council Meeting, dated 07/22/1913 Osage Agency Oil Lease Book, Vol. 1 of 3, 1916-1941 Osage Agency Oil Lease Book, Vol. 2 of 3, 1916-1941 Osage Agency Oil Lease Book, Vol. 3 of 3, 1916-1941 Osage Agency Gas Lease Book, Vol 1 of 2, 1916-1941 Osage Agency Gas Lease Book, Vol 2 of 2, 1916-1941

Defendant's Objection Not produced to Defendant. Not produced to Defendant. Not produced to Defendant.

662

Not produced to Defendant.

663

Not produced to Defendant.

664 665 666 667 668 669 670 671 672 673

Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant.

5

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Exh. No. 675 676 677 678

Description Federal and State Tax Records of Individual Osages, Volume 1 of 2, 1955 Federal and State Tax Records of Individual Osages, Volume 2 of 2, 1955 Federal and State Tax Records of Individual Osages, 1956 Report of Osage Indian Redevelopment Area re Overall Economic Development Program, dated 12/01/1971 Ethics and Conduct Bulletin from the Secretary of Interior, dated October 1987 Boe Pipe Company run ticket (partially destroyed) DOI Office of the Solicitor Memorandum of Law re the Secretary's power to modify his authority with regard to royalty on oil and gas to accommodate the FEA's policy objectives on price regulation

Defendant's Objection Not produced to Defendant. Not produced to Defendant. Not produced to Defendant. Not produced to Defendant.

679 681 682

Not produced to Defendant. Foundation. Relevance. Hearsay. Relevance.

Respectfully submitted this 26th day of January, 2006, SUE ELLEN WOOLDRIDGE Assistant Attorney General

s/ Brett D. Burton BRETT D. BURTON United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Fax: (202) 353-2021 Counsel of Record for Defendant 6

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s/ Martin J. LaLonde MARTIN J. LALONDE KEVIN WEBB United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0247/0479 Fax: (202) 353-2021 Attorneys for Defendant OF COUNSEL: Elisabeth Brandon Brenda Riel Attorneys Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior MS 6456 Washington, D. C. 20240 Telephone: (202) 208-7403 Fax: (202) 219-0559 Teresa E. Dawson Senior Counsel Office of Chief Counsel Financial Management Services U.S. Department of the Treasury 401 14th Street, S.W. Room 552A Washington, D.C. 20227 Telephone: (202) 874-2567 Fax: (202) 874-6627

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