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

Case 1:97-cv-00733-BAF

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Form 5-5441

16. Additions. Prior to execution of this lease, provision(s) number(s) has (have) been added hereto and by reference _ !7~_I~_~ is (a!e) made a part hereof. IN WITNESS WHEREOF, the lessee (and lessor has (have) hereunto affixed his (their) hand(s) and seal(s), the day and year first above written (and the lessor hereunto has caused to be attached his legal acceptance on which he has affixed his hand and seal). Two witnesses to each signature:

A. Dean OswalZ

Lessee

Yaklrna Land Enter.@rise

Lessee

K.
tot an~ on Set, all ol ll~e ~ak~m~_,T~lSal ~)]nc~- Lessor pursuant to Sec. B. as modified, of the Ran ot . Operations of the Tribal Land Enterprise and Land Committee minutes dated I ~r-[(~. cl_?~..

Lessor

Lessor

Le~soE

SECTION
Approved

I~AR 8 1993
, 19

SLPERI NTENDENT App~vi ng Official

A51

The wilhin documenl is hereby approved: as delegaled In 10 B1AM, section 2, release 44, Feburary 18, 1989, incorporating 230 DM release No. 2784 dated March 16, 1988.

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Prov~s~on |7

|24 17856
art sot vlOIIt~,

8. PEeP(HIT Ll~[$.--I~entl(Icstleo of ~repertf ltoes ~111

$lCretery.

and other voter *caused de.lee to the lend.

ered t~reugh the irrlgit10o project.

4. CI~?I~G STOTEKi,-oThe 11nd use pliot lod cro~l~g syS~croter~. lind tuprove~ent or oostrvctlen for ~oprovel~ot tf lind or iT not, etlT be IvP~tct te Ipprevil Of lhl $1cretl~ blflrl te r¥). b7 t~e Seeretar~ before eccepteoce. IT. ¢OX~IOL Or LITtSTO~.--~kere the |islet OilS lied fir

Corn cot far silage viii sot exceed tee ~eere is e flee-Tier tertoe.

lille ~ttr~ll rlle~le from [be loll,

It, (EYIEOI~TAL ~PLlk~[.--It IS vodersteet eot elre~

tel fifo lllSeO a perntt iron the fire ~tstrtct tS else reI. CtC~ ~(SIDU( E~AGEM[~T.--All crop residue (vheet stub-

lald re~uletleos.

till Illil st SUCh reise.b let In41 el say be desired. ever lOCal ire p|lced SO llte$, teyi Owls bl ferellhli
14, The llllll elrlll te practice proper ~rellO! ~lilgeNn| the dellrlbll elf|el ~riSlll, forbl Ind shrube free evergrezo

THIS ACTION IS COVERED BY AN ENVIRONMENT~J. ASSESSMENT AND NEGATIVE DECLARATION SIGNED AND FILED AT THE YAKIMA AGEHCY BY THE SUPERINTENDENT ON APRIL gge 1976,

A11otment T-361-D, 361-H & T-361-G (361-H)That part of Lot 2, South and West of Centerline of Hwy #22 except reserved homesites in SE corner Sec.4; 18.85 ace M/L (T-361-G)That part of Lot l North & East of centerline of Hwy 22, Sec.4-9-21 36.10 ac. MIL (T-36!-D)NW cnrnp~ nf I~+ I, ........ ~vv ~oa~, ~,,=,l~, South ~,/.~'; thence West 200' to West line of Lot l; thence North along West line 217.8'

T.P.O.B., l ac. M/L
Special Practices & Commitments: Lessee partially completed commitment from Lease No. 1-3742 (1985-1989) but will complete totally this year by installing cement box at point of water division. Land Use: General cropping.

Total Ac. O&M Crop AUM L.Nb'. -Ten. Rent ....... Photo~ I nit i a"'i"S -

Frank X. Morin, Jr. L/ ~

A52

Lessee

DEAN OSWALT

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PROVI SICN NO. 18 AL~NT NO. 36i'LD~G,H

It is understood and agreed that the Superintendent be and he is hereby authorized to grant access road privileges through the within described lands for serving adjacent.or nearby inaccessible Indian trust lands. Provided, however, that said access roads be established as well as operated with least possible damage to within lands. And further, that the Superintendent shall be sole judge of equities involved.

PRIVILEGE OF SLK3ZZEDI,k~; LESSEE
It is understood and agreed the succeeding shall have privilege of occupying the fields for the purpose of preparing the land for the ensuing year's crop on and after December Ist preceding the expiration of the lease.

The lessee agrees to comply with all applicable water pollution controllaws, regulations, and State and Federal Water pollution control agencies recomnendations, in the construction of all sewerage systems, sewage treatment or disposal plants or systems, or in the improvement or extension of any sewerage systems or sew-age treatment or disposal plants.

DELI~ ' PKNALTY
Provision No. 2 is amended to read: !t is understood and agreed between the parties hereto that, if any installment or rental is not paid within 30 days after becoming due, penalty at the rate of 18 percent per annum will become due and payable from the date such rental became due and will run until said rerital is paid.

All buildings and inside fences owned byLessee located on this tract must be removed within30 days upon termination or expiration of lease.

Um~OF
In the event Lessee has possession of buildings, they must be kept in an orderly and sanitary condition.

The owners agree to the combination of this tract of land with other lands as a farm unit in the County ASC Program.
PROPERTY OF ~: None PI~OPEE'I~ OF LESSEE: None

Date:

A53

LESSEE

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7856

FIRE DISTRICT NO. 5 ASSESSMENT AGREEMENT

PROVISION NO ................ ....................
LESSEE: ......A.......D...E~...N....O...S~....A~...T. ..................... I LEASE NO. ALLOT: NO.

ADD R n S S.....5.~.1....C...~...U..S..E...E.....R. ~ .................. .1..-..1.~7.8..5..9..-..9..3...9..3 .....

.......
To: ....12/'3 L~.93 ....

.....G...~....~....E~.. :....W..A......9.8..9..3..2. ............. LEASE TERM YEARS ONE. (1)
PH# 85~-1889

LAND DESCRIPTION ....... :...AL...,..T..-.36..1....-[I..:. .... .P..a...r.t....o..[...L..o..t....2....12.i..n£..~K.oI .............. Hwy 22 (except homesites in SE corner) Sec'. /4; AL. T-361-G: That part described as follows: beginning at the ~ corner of Lot i, thence E. al~ng..th~.R.haundat3z...20O.'. ;.. t her~ce,.$..217.~ ft.'. ~...t henc.~. ~. 2Qfl :...t~..W..boundax-y of Lot 1; thence N along W boundary 217.8' to TPOB, ctg 1 acre, m/1. FIRE PROTECTION FEE $..&&,0O .............

It is understood and agreed that the lessee will pay annually, on the date specified for rental payment, the above fee for fire protection. This fee shall not exceed the levy charged for fire protection on comparable non-Indian lands in the vicinity.
Payment will be made to YAKIMA COUNTY FIRE DISTRICT No. 5 and deposited with YAKIMA COUNTRY FIRE DISTRICT No. 5, P. O. Box 447, Zillah, Washington 98953. Yakima County Fire District No. 5 shall have the right to adjust the levy on leases exceeding six years, if necessary to conform with fees charged on similar land in the vicinity.

DATE ................................................

A. Dean Os-w~l t

(LESSEE)

DATE : ...............................................

A54

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17856
ZTE~ NO. n,
DATE OF /~PPLICA.TION: TYPE OF A2PLIC.A_T!ON:

DATE :_ 10/16/92 August 26, 1992

Sealed Bid #41 Tract 597 A!-T-361 D,G,H -

F~g Lease. ALLOTMENT NO. AND DESC~LIPTION: See attached copy of lease card.

APPLICANT: A. Dean Oswalt 541 Chausee Road Granger, ~A 98932 OFFER: $4,200.00/5 years ~92-96)o APPRAISAL: $3,970.00 (02/10/92) PREVIOUS RENT: $4,000.00/one"(1).year - A. Dean Oswalt. REMARKS: I. 0 & M: (A) 39.48 (B) 20.77
ACTION RECOMMENDED BY LAND ENTERPRISE MAHAGER: (Refer: LCA NO. 92-09, ITEM #04, DTD. 01/27/92) i. Land Enterprise Manager recommends approval for one-year only due to previous cancellation. Date: 09/22/92 Lan . Manager Af~TION T_AI~: MgTIONTOAFFROVEFORONE-YEAR(INLYDOETOFREVIOOS~JAT!ON. MOTION BY: Hazel01ney NO. MEMBERS PRESENT: 3 SECONDED BY:_RossSockzeb~h VOTE: FOR: 2~ AGAINST:_ -O_

Tribal Land Committee

ifford Moses,

A55

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TRUST LAND

LEASE NO 1-7022
ALLOTMENT 363

A56

Case 1:97-cv-00733-BAF
lt~v(o~¢ oct.

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DEPARTMENT OF

STATES THE INTERIOR

F~INGLEASE ~ G~ZIN~ 124 16964
AILOTMENT N0.
Y .akima Indian Agency

363

THIS CONTRACT, made and entered into this 13th day of JulM , 199~, by and between the Indian or Indians named below (the Secretary of the Interior acting for and on behalf of Indians), hereinafter called the "lessor," and A. DEAN OSWALT of 541 Chausee Road, Gran~er, MA 98932 , hereinafter called the "lessee," in accordance with the provisions of existing law and the regulations (25 CFR 162) which, by reference, are made a par~ hereof, W~, That for and in consideration of the rents, covenants, and agreements hereinafter provided, the lessor hereby lets and leases unto the lessee the land and premises described as follows, to wit, Acreage lylng north of railroad in SE4HE4, Sec.. 4, T. 9 N., R. 21 E., W.M.,
containing 7_~_acres, more or less, of which not to exceed SEE S)~ FARM PLAN acres may be cultivated, for the term of five (5) years beginning on the first day of January..., 1991, fully to be completed and ended on the last day of December, 1995, subject to the conditions hereinafter set forth. The lessee, in consideration of the foregoing, covenants and agrees, as rental for the land and premises, to pay $510.~ (e~e .....

BUREAU OF INDIAN AFFAIRS Yaklma Aqency P.O. Box 632 Toppenish~ WA 98948
EXECUTION FEE, $25.5~

0N OR BEFORE 1211/9~ & EACH 12/1 THEREAFTE~

UNTIL A TOTAL OF FIVE (5) P~S ARE ~D~,

In the event of the.death of any of the owners to whom, under the ter~ of T!~is lease, rentals are to be paid direct, all rentals remaining due and payable shall be paid to the official of the Bureau of Indian Affairs having jurisdlction over the leased premises. This provision is applicable only while the leased premises are in trust or restricted status. While the leased premises are intrust or restricted status, %he Secretary may in his discretion, and upon notice to the lessee, suspend the direct rental payment provisions of this lease in which event the rentals shall be paid to the official of the Bureau of Indian Affairs having Jurisdiction over the leased premises.

Page 1

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This lease is subject to the follo\s~ing provisions:

1. "SECRETARY" as used herein means the S~cretary of the lnteri,,r or his authorized representative.
2. INTEREST.--It is understood and agreed between the parties hereto that. if ~ny installment of rental is not paid within 30 days otter becoming due, interest at the rate of 6 percent per annum will become due and payable from the date such rental became due and will run 0ntil said rental is paid.
3.'OPERATION AND MAINTENANCE ASSESSMENTS.--It is understood and agreed that the lessee will pay all operation and maintenance assessments annually in advance on the due date preceding each irrigation season, including any penalties accruing against the above-described land under irrigation, and will pay all charges assessed in connection with any other improvement project or district within which the lands may be located, pursuant to the ex:isting or future orders or r~g~alations of the Secretary. 4. REPAIRS.mlt is understood and agrvcd that the lessee is to keep the premises covered by this lease in good repair, and the said lessee will be responsible for all damages done to buildings and fences and other improvements, except the usual wear and decay. .~ 5. CROP LEASES.--It is understood and agreed that the lessee will not purchase or be a party to the purchase by anyone, of the lessoffs share of the crop, without prior approval of the Secretary. 6. SUBLEASES AND ASSIGNBI:ENTS.--Unless otherwise provided herein, a sublease, assignment or amendment of this lease may be made only with the approval of the Secretary and the written consent of all parties to this lease, including the surety or sureties. ?. RESERVA'rlONS.mlt is understood and agreed that the lessor reserves the right to make oil and gas lenses, grant rights of way and other legal grants, on the premises covered by this lease and that in event such a lease or grant "is made, the lessee hereunder shall be entitled to dhmage~ for the actual loss sustalr~d by him on account of said lease or grant, and to nothing more. It is further understood that. in the event of a dispute between the lessee hereunder and the lessee or permittee under nny oil and gas lease, right.of-way, or other g-rant, as to the axnount of such actual damages the matter will be referred to the Secretary who shall be the sole and final judge as to the amount of the said damages.

8. UNLAWFUL CONDUCT.--Th~ lessee agrees that he will not use or cause to be used any part of the leased premises for any unla~-ful conduct or purpose. 9. RELINQUISII31ENT OF SUPERVISION BY THE SECRETARY.mNothing contained in this lease shall operate to delay or prevent a termination of Federal trust r~sponsibilities ~'ith respect to the land by the.issuance of a fee patent or otherwise during the term of the lease; however~ such termination shall not serve to abrogate the le~-~-. The owner~ of the land and the lessee and his surety or sureties shall be notified by the Secretary of any such change in the status of the land. I0. IMPROVEbl ENTS.~Unless otherwise provided herein it is understood and agreed that any buildings or other improvements placed upon the said land by the lessee become the property of the lessor upon termirmtion or expiration of th~s lease. II. VIOLATIONS OF LEASE.--It is understood and agreed that violations of this lease shall be acted upon in accordance with the regulations in 25 CFR 131. 12. ASSENT NOT WAIVER OF.FUTURE BREACII OF COVENANTS.--No assent, express or implied, to any breach of nny of the lessee's covenants, shall be deemed be a waiver of ~.ny succeeding breach of any covennnts. 13. UPON WHOM BINDING.~It is understopd and agreed that the covenants and agreements hereinbefore mentioned shall extend to and be binding upon the heirs, ~ssigns, executors, and administrators of the parties to tl~s lease. While the leased premises are in trust or rest~cl~l status, all the lessc~'s obligations under this le.~se, and the obligations of its sureties, are to the United States as well as to the owner of the land. 14. INTEREST OF blEMBER OF CONGRESS.--No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to nny share or part of this contract or to any benefit that may arise herefrom, but ~hls provision shall not bc construed to extend to this contract ii" made with a corporation or company for its general ¯ benefit. 15. APPR'OVAL~It is understood and' agreed that this lease shall be valid and binding only n!tar app.,~vnl by s ecre tar~g'..

Porm 5-54~1
(PA0 Revised Oct 1971)

Page 2

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16. Prior to execution of this lease, provlsion(s) number(s). 17, 18, & 19 has (have) been added hereto and by reference is (are) made a part hereof. IN WITNESS WHEREOF, the lessee (and lessor has (have) hereunto affixed his (their) hand(s) and seal(s), the day and year first above written (and the lessor hereunto has caused to be attached his legal acceptance on which he has affixed his hand and seal).
Two witnesses to each signature,

LESSOR

LI~SOR

124 16964
P3: II
LESSOR

LF.,SSOR

¯ SECTION

Approved
. E~':"ERh%TENDENf'- ving ....... :~ Page 3 ; . ,,:-..,[. :~:~ Act c,f July 8, ]940 . ..

Official

A59

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Pereatioa provletanl:

iurml~o Or paltering, prov+d~4 ether provisions of the loops I, PflOP(RTT Ll~t$.-oldeetlfitallon of property limes u111 1thee emil he pretscted, unle|l ro~vol it approved by the Secretary. till be deployed to prevsnt OSCOIIIVl $011 OroSlen, leocol~, end other voter-teemed dante to tko load. I~|ntllned ovoy free each field te prevent Pending, otter , LPllla Is Poem|red to mike teneflcS&l moo of motor de|tee eyed through the lrrtgsttoe project, d, Any so|| voter tohle bulldvo er sell dre|noge problem vii| be reported to the Agency Comoervotlonlst far ImeoItl~otlon. 10. IHPROY[~(KTS,-o|t |s moderltoed end agreed that any lied |mprovlmnt Or ¢oe|trectlun for IIOrovamlet Of |lmd mr trrtootlon facilities vkathsr IChllUltd IS e lille comltHmt or net. v111 be lubJect to opprovll Of the Slcrltlry Poforo mira |l ltlrted, Co~leto¢ pro+sOil ~vPt l lie be approved by thl Secretary before occopteoce. 11. OITR~. OP LI¥[STOC~.--WhoPo the Iosese uses 14md for plltUPI~4 or feldlmg IIveltoCl It Is U144Pltlld lad agreed thor he IS rllpOnltbll for tke ontatneeat of Illd ItelltOCk, that II In+IronIintll protsctlon ogeoClel' reI~latlOnl |OtlPprlOOd Ind applied to thO ulll mldl of &IPiCIItUPII II|d regulations. 13. Ths opprovt~j officer or hit repreIentot|vs omd the

for and os|sbltohlng oonsorvltlen practices end illIlt In nla* |I~ neCllllry lUr+l~l needed tO carry out loll end nollture ¢oneervatlom tuprevoeentl. Any plan or practice resulting from other technico| aorvtcoe must be opprovod by the +Secretary before oppliod to the lend. 4greed that the lesuee te relponatble for the application of b~olc end elmira conservation practices amd viii porto~n ell operations tm I hvshand|lke ~mmor. Proctlcel-e~p|o~ed ond tory. 4. CROPPIHG S¥ST[HS.--Tho lend use plane sod cropping ayes tell e~plo)~d by the Itlltl ore suppler to the approval of the Sacritory. II ftold v111 be used for the IOO~ r~v crop for over t~ secutlve stolons (unli|l in exception ts mode by the Scores tar~). Corn cut fir allege ~111 mot emceed t~ Veers 1o s five-year period, Rotations must |ncluda high residue crops or oeploy the use Of bsrmylrl manure Or other orglnlC eoterlol to replica or|anlC m~tlrill removed from thl loll, S. BUtHIKG.-oBurntng plant reltdul led reeds tl prohibited meleoo O|l,ed by specie| permit from the Secretary.. During the fire SlalOm a permit from the fire district Is also quired.

|e the sell el soon as pOlllPll after heretic Inclu+tm9 crop due crop In thl rotltlOn~ e,S, the Sill 61 corn CUt for 1ego (Ylra|ropb

14. The lellll I|rlOi to practice proper Irsllnl Bml|O~nt me i|| lends CoVerle PF this lille. Tits Iflcludll pretectt;~ the dlllrlPll matles ¶rlllll, forhs Sad lhruPl from lemPIrasaged properly, or permit Othlrl to dw~i. trash Or garbogo on tams leased 11n4.

t|ve economic Value. vI|l be controlled tn flslds, ole~ control t~ OOnl|derld to be prevIntlon from producing

THIS ACTION IS COVERED BY AN ENVIRONMENT#J. ASSESSMENT AND NEGATIVE DECLARATION SIGNED AND FILED AT THE YAKIMA AGENCY BY THE SUPERINTENDENT ON APRIL 29, 1976.

Allotment 363 acreage lying N. of R/R RIW in SE4NE4 Sec.4-9-21

Special Practices & Commitments: None.

Land Use: General cropping.

Tota I Ac. O&M Crop Ac. AUM L.NO. Ten. Rent Photo#

L.,,oo A. DEAN OSWALT Xo MorOn, Jr.

A60

~U.O. GPG~ lgDS-SP4-719/001d~

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TRUST LAND

I~EASE NO 1-7287

AI~!~OTMENT T-1011

A61

Case ~orm 5-5441 1:97-cv-00733-BAF (PAO Revised
Oct 1971)

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UNITED STATES

DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS

f6"ATE/~.) - ~0":~ / _ INITIAI~-W~ ,r Lessee Copy FLessor Copy ~'~ ,.~. ~__...,. ~FSMC Copy

LEASE

124 1 7332
Allotrn~nt No ......T.:.1..0..1..1. ....................

...................... # ................... :.. Indian Ag,:ncy

C6nff~--f No.

"

"

~-]: ................................... THIS CONTRACT, made and entered into this ...2..~.... a..¥ of ................. 19...~ by and between the Indian or Indian~ named below (the Secretar~ of the Interior acting for and on behalf of lndianJ), _ ..K~.'..r.~....(~..~ ......... (..~_~..4..-.1_~.). ............................................. hereinafter called the '°le.~or," and ...............

91~£;~2 .............................. .................................................... of 5.4/_. Cha.us ee ..RcL..;...G nangez .,...WA .... ......

hereinafter c~lled the "ie~e~," in accordance wi& the proviBJo~s o! exJsSng law arid the reb~la~ona 125 CFR 182) "creel't, by reference, axe made a part hereof, WITHES,SETH: That for and in consideration of the rents, covenant~, and agmem~nt~ berdna/ter provided, the iemor hereby let~ and lea~es unt~ the levee the land a~d premises d~cribed ~ foll~, to wit:

S~NW~ ~ (except a parcel of land within Northern Pacific Railroad right-of-way and existing homesite), Sec. 29, T. 10 N., R. 21 E., W.M., WA, containing 79.14 acres, more or less.

containing ..... -7-97t4' ........ ~r'e~, more or l~, of which not toexceed ..~E-.~L~../~cre~ may ~ cultiva~d, tor~e ~.~ of ...~..~)y~, ~ginning on the fi~ ~y of ............................... ......................................... 19...~ ~.~.~- ......................... ~y ~ ...........~.~.~. ................ 19...~.~. fully ~ ~ eomple~d and ended on ~e ............... sublet ~ the conditions he~inaf~r ~t fo~h. ~e les~, in conside~tion of ~e foregoing, covenan~ and agr~s, as for the land and premix, to pay I...~.G~G.~Q ......... (~////l//JJ~ZdJVJd~~(~ DA~ D~:.. AMOU~

~ ~ ~ ~

~ ~ or ~fore 12/01/91 ....-"

"-~ "" " .....

In the event of the death of any of the owner~ to whom, under the terms of this lea~e, rentals are to be paid direct, all rentals remaining due and payable shall be paid to the official of the Bureau of Indian AffaJr~ having jurisdiction over the lea~ed premise~. This provision is applicable only while the le.~ed premises ar~ in trust or reJtricted ~tu~. While the leased premises ax~ in trust or restricted ~.atu~, the Secretary may in his discretion,, and upon notice to the lessee, suspend the direct rental payment provisions of this lea~e in which event the rentals ~hall be l~md to the off~al of the Bureau o~ Indian AffaJr~ having jurisdiction over th~ ieued pr~mi~e~

Page 1
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17332 Page 13 of 50

This lease is subject to the follo\~-ing provisions: 1. "SECRET-\RY" as used herein means the Secretary of the Interi,r or his authorized representative. 2. I.NTEREST.--It is understood and agreed between the parties hereto that, if any installment of rental is not paid within 30 days ~fter becoming due, interest at the rate of 6 percent per annum will become due and PaYable from the date such rental became due and will run until said rental is paid. 3. OPERATION AND MAINTENANCE ASSESS.~IENTS.mIt is understood and agreed that the lessee will pay all operation and maintenance assessments annually in advance on the due date preceding each irrigation season, including any penalties accruing against the above-described land under irrigation, and w~ll pay all charges assessed in connection with any other improvement project or district within which the lands may be located, pursuant to the e.xSsting or future orders or regulations of the Secretary. ' 4. REPAIRS.wit is understood and agreed that the lessee is to keep the premises covered by this lease in good repair, and the said lessee will be responsible for all damages done to buildings and fences and other improvements, except the usual wear and decay. .. 5. CROP LEASES.--It is understood and agreed that the lessee will not purchase or be a party to the purchase by anyone, of the lessor's share ~f the crop, without prior approval of the Secretary. 6. SUBLEASES AND ASSIGN.MENTS.--Unless otherwise provided herein, a sublease, n.ssignment or amendment of this lease may be made only with the approval of the Secretary and the written consent of all parties to this lease, including the surety or sureties. 7. RESERVATIONS.--It is understood and agreed that the lessor reserves the right to make oil and gas leases, grant rights of way nnd other legal grants, on the premises covered by this lease and that in event such a lease or grant ¯ is made, the lessee hereunder shall be entitled to dhmage~ for the actual loss sustained by him on account of said lease or grant, and to ~bthing more. It is further understood that in the event of a dispute between the lessee hereunder and the lessee or permittee under any oil and gas lease, right-of-way, or other g-r~nt, ns to the amou,t ef such actual damages the matter will be referred to the Secretary who sh~ll be the sole and final judge a.s to the amount of the said damages.

8. UNLAWFUL CONDUCT.~The lessee agrees that he will not use or cause to be used any part of the leasevl premises for any unla~fful conduct or purpose. 9. RELINQUISIIMENT OF SUPERVISION BY TI:IE SECRETARY.--NothJng contained in this lease shall operate to delay or prevent a teranination of Federal trust responsibilities with respect to the land by. the issuance of n fee patent or otherwise during the term of the lease; however, such termination shall not serve to abrogate the lease. The owners of the land ~nd th'e lessee and his surety or sureties shall be notified by the Secretary of' any sur.h change in the status of the land. i0. IMPROVE.~I ENTS.--Unless otherrcise provided herein it is understood and agreed that any buildings or other improvements placed upon the said land by the lessee b~come the property of the lessor upon termination or expiration of this lease. 11. VIOLATIONS OF LEASE.mlt is understood and agreed that violations of this lease shall be acted upon in accordance with the regulations in 25 CFR 131.. 12. ASSENT NOT WAIVER OF FUTURE 13REACII OF' COVENANTS.~No assent, express or implied, to any breach of any of the lessee's covenants, shall be deemed be a waiver of any succeeding breachof any covenants. 13. UPON WHOM BINDING.~It is understood and agreed that the covenants and agreements hereinbefore mentioned shall extend to and be binding upon the heir~, assigns, executors, nnd administrators of the parties to this lease. While the leased premises are in trust Or restr~ct.ed status, all the Icsscc's obligations under this lease, and the obligations of its sureties, are to the United States as well as to the owner of the land. 14. INTEREST OF bIEMBER OF CONGIIESS.~No blcmber of, or Delegate to Congress, or Resident Commis. sioncr, shall be admitted to nny shnre'or part of this ~Ono tract or to any benefit that may ar~se herefrom, but this provision shall not bc construed to extend to this rontract i~" made with a corporation or company for i~ general bencfit. 15. APPROVAL.--It is umlerstood and' agreed that this lease shall be valid and binding only .~fter approval by the secretary.

Porm 5-5441
(PAO Revised Oct 1971)

Page 2

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Prey|sign Page 14 of 50 17

7332
|. PROPtRTT tlH[$.-=ldeetiftcBtinn of property IInns rill

the toll and viler resources covered le this 1erie.

turn1 thBt |no~ the toteS|on 0 preBvrey corners end beu~dnr~ line1 veil be protected, unless re.vii Is 6pprnved a~ the Secretary.

free other technIcnl services must be opprovnd by tan |ecrutary before applied to the loud, agreed teat the leslie tS responsible fop the apgllctt|en of mperetlont in a hUlaindllki i~macr. Prictt¢ti-e~ple)~l led llmlmue ippl!¢itton thereof to acceepltsh lotl and ester reo

vtil be emPlo~¢ to prevent excessive sell erosion, Ond other voter-caused die, go to the land. b. Surface vnsteveys vhere needed viii he established end m~Intntaed n~ly from each fteld to pre~ent pondtng, ~nter ©. Lessee Is required te make beneficial use of mater dml|vo bred througa tie Irrigntlee project. d, Any 1otl eater |ibis buildup er sell drainage prnble~ ~111 be reported to the Agone7 Conservationist for Inveatlgetlme.

54¢retorF,

10, |~P~OY(H[NTS,--It Is understood end elreed tkat amy land lepreve~nt or construction for ~rovea~nt of lend er Irrigation facilities veetker scheduled aS a lease commitment Or nOt~ v111 be subject te nnprevel of the Secretary before York I1 ttirted. Co, luted projects m~st also be apprevM I1. COnTRO~ Or LtVtSTO~r.*-Vbsrn the lessee uses IBm4 fer panturt~l or fnodl~i Itvetto¢k It It understood n~d a~reod gait he It responsible for eke ontBInuent of said livestocK. !~. [HYTRON~KTAL O~PLIA~¢[.--It It understood and agree~ that el envtron~ntel protection sqvsclnn" re, lotions pro latorprnto¢ and epp I1~. to the uses cede of OgPlCvlturai lauds the lessee viii radiate his operetSon ta COOlly cite Bald regulations. l]. The approvI~ officer or his representntiv| end lessor eay enter upon end Inspect the premises Covered ever locks are placed on glee1, keys must be furnished eke Lied Operations S~C Office. 14, The lessee Bgreus to practice proper grazing m~osge~nt on nil lends over~ by this leBse. Tits Includes protoctlH tke dnltrlble nittve grasses, forks end shrubs from evtrsrelclad properly. IS, 1RASH A~O GAR|AG[ OIS~OSAL.--The lessee oil1 net d~ap. or permit others to du~, fresh or garbage on tktt leaned

gafF|, per!od. Retie|one Bust Include high residue crops or e~loy the use of bnrn~srt manure er ether ergi~tc eiterlal to rSgllce

unless 8|]o~ed by SpeCltl permit frog t~n Secretary. Durtng qeirtd. I. ChOP tie|gUt X~AAG[H[NT,--AII crop residue In the 1011 is leon it possible Brier htrvslt Secluding Crop

lige (PJri|rdph 4), 7, V[[D COXThO~.--VBons, Flints ¢cn|tdsre¢ to hove fences, rostwiy$, ditCheS and oh Idle lead,

THIS ACTION IS COVERED BY AN ENVIRONMENTAL ASSESSMENT AND NEGATIVE DECLARATION SIGNED AND FILED AT THE YAKIMA AGENCY BY THE SUPERINTENDENT ON APRIL 29, 1976.

Allotment T-lOll S2NW4 Sec.29-I0-21

Special Practices & Con~nitments: None.

Land Use:

General cropping and pasture w/grazing aftermath.

Total Ac. O&M ............ Crop AUM L.NO. Ten. Rent Photo#

KIRK OSWALT

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Provision No. 18 Allot. No. T-1011

7332
It is understood and agreed that the Superintendent be and he is hereby authorized to grant access road privileges through the within described lands for serving adjacent or nearby inaccessible Indian trust lands. Provided, however, that said access roads be established as well as operated with least possible damage to within lands. And further, that the Superintendent shall be sole judge of equities involved.

It is understood and agreed the succeeding shall have privilege of occupying the fields for the purpose of preparing the land for the ensuing year's crop on and after December ist preceding the expiration of the lease.

The lessee agrees to comply with all applicable water pollution control laws, regulations, and State and Federal Water pollution control agencies recon~endations, in the construction of all sewerage systems, sewage treatment or disposal plants or systems, or in the improvement or extension of any sewerage systems or sewage treatment or disposal plants.

Provision No. 2 is amended to read: It is understood and agreed between the parties hereto that, if any instal~t or rental is not paid within 30 days after becoming due, penalty at the rate of 18 percent per annum will become due and payable from the date such rental became due and will run until said rental is paid.

All buildings and inside fences owned by Lessee located on this tract must be removed within 30 days upon termination or expiration of lease.

In the event Lessee has possession of buildings, they must be kept in an orderly and sanitary condition..

The owners agree to the combination of this tract of land with other, lands as a farm unit in the County ASC Program.

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124 17332
lessee shall have the right to enter into agreements with public utility companies and State of Washington or any of its political subdivisions to prbvide utility services, including gas, water, electricity, telephone, television & sewer lines necessary to full enjoyment of leased premises and develo~n~_nt thereof in accordance with the provisions of this lease; provided that such an agreement shall not be for a period longer than initial term of this lease or any extension thereof. Upon entering into such agreement or agreements, the lessee shall furnish to the Secretary executed copies thereof together with a plat or diagram showing true location of the utility lines to be constructed in accordance therewith.
Pi~Oi~-q OF LESSC~: Boundary fences & all buried irrigation pipes.
~ ~ LESSEE: Inside fences.

Kirk

LESSEE

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124 17332
PROVISION NO ................ .1:..9. ..............~ ......

LESSEE: ........~.'..r..k.....~..~ ...........................

LEASE NO. ALLOT. NO.

ADDRESS...SA3...¢~..~.....R..d.,. ..........................1..-:.7..2..8.2 .................. .T...-.1..0...1..1 .................. .... 6rxxng~:~...~ ....9..~9..3.2 ............. PH# 854-1889 LEASE TERM YEARS F±ve (5) From: ..0..1../..0..1../..9..2. .... To: ..]:..~../..3..1../..9..6. ......

LAND DESCRIPTION...~½..~..¼...(.e..X.c..e.p.t....a....E~.....~..)_...9.f....1....~...d....~.Z...~...'.~....N.o.~.e...~.. ......

.............................
FIRE PROTECTION FEE $...5..3.,..2..5. ............. It is understood and agreed that the lessee will pay annually, on the date specified for rental payment, the above fee for fire protection. This fee shall not exceed the levy charged for fire protection on comparable non-Indian lands in the vicinity. Payment will be made to YAKIMA COUNTY FIRE DISTRICT No. 5 and deposited with YAKIMA COUNTRY FIRE DISTRICT No. 5, P. O. Box 447, Zillah, Washington 98953. Yakima County Fire District No. 5 shall have the right to adjust the.levy on leases exceeding six years, if necessary to conform with fees charged on similar land in the vicinity.

(LF_~SEE)

DATE: ...............................................

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I2tND COMMITTEE ACTION

124 17332
10/01/91

ITEM NO.

I0

(92--02)
04/17/91

DATE:

DATE OF APPLICATION:

TYPE OF APPLICATION: FARMING AND GRAZING LEASE ALLOTMENT NO. AND DESCRIPTION: T-1011:S2NW4 SEC. 29 TION R21E, W.M., WA. CONTAINING 80 ACRES MORE OR LESS.

APPLICANT:

KIRK OSWALT ( NO PHONE ) 541 CKAUSEE GRANGER, WA 98932

OFFER: $4000.00 FOR FIVE YEARS TO BEGIN ( 01/01/92 ) APPRAISAL: $3990.00 ( 10/09/90 ) PREVIOUS RENT: $1500.00 ( 01/01/89 - 12/31/91 )

REM!/LKS : i. LEASING SECTION RECOMMENDS APPROVAL.

ACTIONRECOMEENDED BY IJLNDENTER2RISEMANAGER:(Refer:LCANO. 90-04, Item#58, DTD. 01/24/90.) I. Land Enterprise Manager recommends approval provided homesite in middle of northern boundary is excluded and rent remains same. DATE: 04/26/91 ager ~Man ACTION TA![EN: MgTIONTOAPFROVEWITHIAND~~'S
MOTION BY: HAZEL~ NO. MEMBERS P~ESENT: 3 SECONDED BY: CLIFFORD~3SES
VOTE : FOR 2

AGAINST: -0-

CommitZee

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TRUST LAND

LEASE NO 1-76!4

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~orm 5- 5441 Case 1:97-cv-00733-BAF
(PA0 Revised O=t 1971)

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UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS

[~DATE AUG31

.

LEASE
AIIotmen÷ No....]:.9..8..8. ..........................

.E~essee Copy
[] Lessor Copy ~C Copy
Indian Agency

Con'l'ra~ No ....................................

by and between the Indian or Indians named below (the Secreta_ry of the In~Hor acting _fgr__an.d on behalf of Indianl), (PH# 854-IBI~) ........ A....I~..,..a~.. Osw~it hereinafter called the "lessor," and

................ ......................... 5. .......................... : .......................................................................

hereinafter called the "lessee," in accordance with the provisions of existing law and the regulation~ (25 CFR 162)which, by reference, are made a part hereof, WITNESSETH: That for and in consideration of the rents, covenants, and agreementl hereinafter provided, the lessor hereby let~ and leases unto the les~e the land and premises described as follows, to w~t:

AL.1988:SW~NW~ z, (less 9.45 acres deeded land North of Marion D~a_L~) & NW~SW~, 28, T. 10 N., R. 21 E., W.M., WA.

containing .... .......... a~res, more or less, of wh~cl~ "not to c ..................

of ~-V~ (~) years, beginning on the first day of. ............................

........ last {ully to be completed and ended on the ................................................

J~ ..........................................

f day o ...... ~ DecemDer ..................................., 19..~.6.,

19..92,

TO--

DATE DUE

AMOUNT

In the event of the death of any of the owners to whom, under the terms of this lease, rentals are to be paid direct, all rentals remaining due and payable shall be paid to the official of the Bureau of Indian Affairs having juriadiction over the leased premises. This provision is applicable only while the leased premises are in trust or restricted status. While the leased premises are in trust or restricted status, the Secretary may in his discretion, and upon notice to the lessee, suspend the direct rental payment provisions of this lease in which event the rentals shall be ilid ~o the official of the Bureau of Indian Affairs having jurisdiction over the :leased premises.
Page 1 . GPO 9~4-5V7

3/18,/92

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This lease is subject to the follo\~-in~ provisions:

I. "SECRETARY" as used herein means the Secretary of the Interi,~r or his authorized representative.
2. INTEREST.~It is understood and agreed between the parties hereto that, if any installment of rental is not paid within 30 days after becoming due, interest at the rate of 6 percent per annum will become due and payable from the date such rental b~came due and wil| run until said renUd is paid3. OPERATION AND MAINTENANCE ASSESS.MENTS.--It is understood and agreed that the lessee will pay all operation and maintenance ~ssessments annually in advnnce on the due data preceding each irrigation season, including any penalties accruing against the above-described land under irrigation, and will pay all charges assessed in connection with any other improvement project or district within which the lands, may be located, pursuant to the e:dsting or future orders or regulations of the Secretary. 4. REPAIRS.--It is understood and agreed that the lessee is to keep the premises covered by this lease in good repair, and the said lessee will be responsible for all darnnges done to buildings and fences and other improvements, except the usual wear and decay. .. 5. CROP LEASES.mlt is understood and agreed that the lessee will not purchase or be a party to tl~c purchase by nnyone, of the leszor's share ~f the crop, without prior approval of the Secretary. 6. SUBLEASES AND ASSIGN3!ENTS.~Unlcss otherwise provided herein, a sublease, a.ssignment or amendment of this lease may bc made only with the approval of the Secretary and the written consent of all parties to this lease, including the surety or sureties. 7. RESEI[VA'FIONS.~It is understood and agreed that the lessor reser:cs the right to make oil and gas leases, grant rights of way and other legal grants, on the premises covered by this lease and that in event such a lease or grant ¯ is r~ade, the lessee hereunder shall be entitled to dhmages for the actual loss ~ustained by him on account of said lease or grant, and to nothing more. ]~ is further understood that in the event of a dispute between the Icssee hereunder and the lessee or permittee under any oil and gas' lease, right.of.way, or ot~er g'r-ant, ns to the amount ~f such actual damages the matter will be referred to the Secretary who s)mll be the sole and final judge ms to the amount of the said damages.

8. UNLAWFUL CONDUCT.--The lessee agrees that he will not use or cause to be used any part of the leased premises for any unlaa'ful conduct or purpose. 9. RELINQUISIIMENT OF SUPERVISION BY THE SECRETARY.~NothJng contained in this lease shall operate to delay or prevent a termination of Federal tr~st responsibilities with rcspect to'the land by the issuance of a fee patent or otherwise during the term of the lease; however, such termination shall not ser~'e to abrogate the lease. The owners of the lend'nard the lessee and his surety or sureties shall be notified by the Secretary of nny such change in the statusof the Innd. I0. l.'d P R OV EM ENTS.~U nless other~-ise provided herein it is understood and affrecd that any buildings or other improvements placed upon the said land by the lessee become the property of the lessor upon termination or expiration of this lease. II. VIOLATIONS OF LEASE.~It is understood and agreed that violations of this lease shall be acted upon in accordance with the regulations in 25 CFR 131. 12. ASSENT NOT WAIVER OF FUTURE BREACII OF COVENANTS.~No assent, express or implied, to any breach of any of the lessee's covenants, shall be deemed t~ be a waiver of ~ny succeeding breach of any covenants. 13. UPON WIlOM BINDING.~It is understood and agreed that the covenants and ag-rcements hereinbcfor~ mentioned shall extend to nnd be binding upon the heirs, assigns, executors, and administrators of the parties to this lease. While the leased premises are in trust or restricted status, all the lcsscc's obligations under this lease0 and the obligations of its sureties, arc to the United States as well as to the owner of the land. 14. INTEREST OF MEMBER OF CONGRESS.~No hlember of, or Delegate to Congress, or Resident Commissioncr, shall be admitted to an}, share or part of this con° tract or to any benefit that may arise here[ram, but this provision shall not be constrmcd to extend to this contract if made with a corporation or company for its general bene|iL, 15. APPROVAL.--It is understood and" agreed tha~ this lease shall be valid and binding only a!ter approval by the secrctnry.

Por~
(PAO Revised
O¢~ 1971)

PaBe 2

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bernt~, or pasturing, prevl~ Other provisions e( the Jeaed are not violated. I. PROP[RTT LlX[S.--|dentlflcstlon of proeertp tines

Sacrelary. COnServation Improvements, Any plan or practice resulting free other technical services must ba approved by the Sacra* 3. HIK|MU~ CObStRYAT|Ob OF R(SOURC[S.*-It ts understood and optratloae tn e huabsndl~be ~nner. rract|cns-eeolo~d and uJnlu~u application thereof to accomplish sot1 end utter tary.
4. CiOPPIbG STST£HS.o-The lend yea plans and creeping ayeteas a~|o~d by the lessee ere suo~ect to the approval of the ~tntalned away from each Plaid to prevent pending, water

. Lessee 5e required to mike beneficial usa of muter delivo ered through the lrr|gat|oa pro~ect. d, Any sol1 water table butldup or sell 4ratnage problem vtll . be raporced to the Agcmcy Conservationist for Investigation. I0. IXP~OYEX[RTS.*-It It understood and agreed tket any land Improvement or onstruction for s~roveadnt Of lend mr Irrigation facilities whether Schedule US 8 Illll cog|tHat work Is started. Co~late¢ pro~eCta must alia be approve4 by the Secretary before acceptance. 11. COKTeOL OF LIY[STO~r.--Vhare the lessee vies land for pasturing or feedl~ livestock It ta vnnerstead and agreed that ha IS responsible for the ontainment of said Itvestncb. that at env~ron~ntal protection sqenclea' ra~vlaglons are Interpreted and applied to the uses cede of Igrtgvltural

Eo fteld vii| be used fo~ the sa~e r~v crop for over two con° tiff). ported. Eotat|ons Just Include high restdue crops or employ the use |anlc aatartsl removed free the abe1. S. gURb|KG.--Surntng plant residue and meeds ts prohibited the fire lesson a parnlt free the f~re dlstr~ct Is also required. S. CROP l~Sl~UE ~AG[~EbT.--A11 cro~ residue (wheat ble~ mint slugs, corn stalks, etc.) will be Incorporated bats

13. The approvl~ officer or his representative end the lessor ~sy enter upon and Inspect the premises covered ~y Land Oparat~ons SHC Office.

due crop tn the rotation," e.g. the same el corn Cut for

the desirable native grasses, ferns end ehrube from overgraso aged properly.

tire aconeelc value, vt11 be controlled In fields, along fances~ roleveys, ditCheS and on Idle Sand,

THIS ACTION IS COVERED BY AN ENVIRONMENTAL ASSESSMENT AND NEGATIVE DECLARATION SIGNED AND FILED AT THE YAKIMA AGENCY BY THE SUPERINTENDENT ON APRIL zge 1976.

Allotment 1988 SW4NW4 (Less 9.45 acres deeded land North of Marion Drain) & NW4SW4 Sec.28-I0-21

Special Practices & Commitments: Lessee to remove gravel and backfill to grade on approx. I-2 acres and put into crop production. Lessee to coordinate before and after work accomplished with Ag. Engineer staff. Land Use: General cropping and grazing crop aftermath (except last year of lease).

Total Ac. O&M Crop Ac. AUM L.NO. Ten., Rent Phot'6#

A72

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Provisic~:,No. 18 Allot. No. 1988

It is understood and agreed that the Superintendent be and he is hereby authorized to grant access road privileges through the within described lands for serving adjacent or nearby inaccessible Indian trust lands. Provided, however, that said access roads be established as well as operated with least possible damage to withinlands. And further) that the Superintendent shall be sole judge of equities involved.

It is understood and agreed the succeeding shall have privilege of occupying the fields for the purpose of preparing the land for the ensuing year's crop on and after December ist preceding the expiration of the lease.

The lessee agrees to comply with all applicable water pollution control laws, regulations, and State and Federal Water pollution control agencies reccmmendations, in the construction of all sewerage systems, sewage treatment or disposal plants or systems, or in the improvement or extension of any sewerage systems or sewage treatment or disposal plants.

Provision No. 2 is amended to read: It is understood and agreed between the parties hereto that, if any installment or rental is not paid within 30 days after becoming due, penalty at the rate of 18 percent per annum will become due and payable from the date such rental became due and will run until said rental is paid.

All buildings and inside fences owned by Lessee located on this tract must be removed within 30 days upon termination or expiration of lease.

In the event Lessee has possession of buildings, they must be kept in an orderly and sanitary condition.

The owners agree to the combination of this tract of land with other lands as a farm unit in the County ASC Program.

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Lessee shall have the right to enter into agreements with public utility companies and State of Washington or any of its political subdivisions to provide utility services, including gas, water, electricity, telephone, television & sewer lines necessary to full enjoyment of leased premises and develo~nent thereof in accordance with the provisions of this lease; provided that such an agreement shall not be for a period longer than initial term of this lease or any extension thereof. Upon entering into such agreement or agreements, the lessee shal! furnish to the Secretary executed copies thereof together with a plat or diagram showing true location of the utility lines to be constructed in accordance therewith. ~C~LESSC~: None

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FIRE DISTRICT NO. 5 ASSESSMENT AGREEMENT

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PROVISION NO ................ .1..9. .....................

LEASE NO. ALLOT. NO. .1:..-..1:..-....7..6..1..4.7..9..2..9..6. . ADDRESS ....5..4..1....C...hg....u~....e~.....R..d..: ...................... 1988

LESSEE: ...... .:....~....aD.....~.. ~..t. .................... 6

.... ~9.e..r..,.. ~.....?..~.?..3.~ ............ LEASE TERM YEARS Five (5)

8s4-1889

From: ......

To" ...1...2../..3..1:../..9..6. ......

.W...A. :....c..o..n.~~...7..0.....5..5....a..c..r. 9.s..: FIRE PROTECTION FEE $...3..9.:..3..0. .............
It is understood and agreed that the lessee will pay armually, on the date specified for rental payment, the above fee for fire protection. This fee shall not exceed the levy charged for fire protection on comparable non-Indian lands in the vicinity.
Payment will be made to YAKJMA COUNTY FIRE DISTRICT No. 5 and deposited with YAKIMA COUNTRY FIRE DISTRICT No. 5, E O. Box 447, Zillah, Washington 98953.

" Yakima Count), Fire District No. 5 shall have the right to adjust the levy on leases exceeding six years, if necessary to conform with fees charged on similar l'and in the vicinity.

I.i
DATE .................................................
(LESSEE)

DATE : ...............................................

dmm 3/18/92

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16. Additions. Prior to execution of this lease, provision(s) number(s) 17 18 & ]_9 has (have) been added hereto and by reference is (are) made a paxt hereof. IN WITNESS WHEREOF, the lessee (and lessor has (have) hereunto affixed his (their) hand(s) and seal(s), the day and year first.above written (and the lessor hereunto has caused to be attached his legal, acceptance on which he has affixed his hand and seal). Two witnesses to each signature:

Lessee

Lessee

Lessor

Lessor
REI~EI VED OR FILED _ BUR. INDIAN
...... ~SS~

124 17670 92S/P2~ P!"
' ~SSOE BR.~NCN OF ~,A..L, TY TITL, FS .~ ~,F-',.,,...~. SEC/1~ .... " ~soz

Approved

AIJG I 9 1992

, 19
SUPERINTENDEN't" ng Official

Granted under the Act of July 8, ]940v
¯ (54 Slat. 745) for entire owner~l~ip, Page 3

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TRUST LAND

LEASE NO 1-8!20 ALLOTMENT 2303 & T-2303

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(PAO Revised
Oct 1971)

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS

LEASE
3ATE DF...~, 1 I -~u,~~

~essee Copy
.essor Copy "SMC Copy
I~lion Age~y .................... ~ ........................

Allotrr~n÷ No ....210~.~..T..-.2~03. ..... ~ No ....

1.-1.-.8120..-.9.39

Contm~ No .................................

93 THIS CONTRACT, made and entered into this .... !.0~l~ay of .................. 1~3.~. .................................. by and between the Indian or Indians named below (the Secrotary of the Interior att3ng for and on behalf of Indi~), Crai.q Oswal~ .............................. hereina.~ter called the "leasor," and ...........................................................................

I:'~...]~D.: .... .................................................... of .....3..4..0....S..R....2..2..3.,....~..~.s. b,....'~k..._,9..~.9_4.8 ...........

hereinafter called the "lessee," in accordance with the provisions of existing law axed the regulations (25 CFR 162) by reference, art made a part hereof, wrrNESSETH: That for and in consideration of the rents, covenants, and hereina/ter provided, the lemor hereby lets and leases unto the iemee the land and premises described as follo~,~, to wit: ~ & D~ON: 2303 & T-2303: SEI/4NWI/4 and NEI/4SWI/4 (less all bldgs. & yard area of 1.5 acres, more or less) (less than the E. 453 ft. of the S. 480 ft. of the NEI/4SWI/4, containing 4.99 acres, more or less. 2303A & 2303C), Sec. 28, T. i0 N., 21 E., W.M., WA containing 75.01 acres, more or less.

=crea, more containing .....7..5..,9.1_ .......... or l~, of which not to exceed ..~ .~_. ~:~1~ mayP~cultivated, for the term ~ ........................................ 19-.95 .............. Five ~5). years, beginning on the first day of . ............................. of fully to be completed and ended on the ............. ]~Lqt ......................... day of ......... ~ .................. 19---9-7, subject to the conditions hereinafter set forth. The lessee, in consideration of the foregoing, covenant~ and agrees, as rental for the land and premises, to pay $3~.~OO.Qf} ............ /~.!/~/.~//9(a~j/~/[/~u/~i9~/~/~i~~Per annum: AMOUNT DATE DUE TO---

~8~AU..(~_. JIqD~. ~S .........!port. approval. &.. o~.or-- be fore ..12/O1-/93 .................................... !

~..~. ~-,~, ...............................................

z,. e.~c~..L?.lL.the~_c-t~ ....................................

.P.,.Q,...~..6.32 ................................until.~..total..af_...Ez .........................................................................

~,_..W~ .... 9.89,~8 ............... _pa~e.nts..ar e ..~d.e. ............~ .........................................L$3,.500.,,00 ......

~'.x...~....~:...$17.5..00 ...........................................................................................................................

In the event of the death of any of the owners to whom, under the terms of this lease} rentals ar~ to be paid direct, all rentals remaining due and payable shall be paid to the official of the Bureau of Indian Affair~ having jurisdiction over the leased premises. This provision is applicable only while the !~ premises are in trust or restricted status. While the leased premises are in trust or restricted status, the Secretary may in his discretion, and upon notice to the lessee, suspend the direct renL~l payment provisions of this lease in which event the rentals shall be prod to the off,~dai of the Bureau of Indian AffaJr~ having jurisdiction over the.le.aamd pro~

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Case 1:97-cv-00733-BAF
Thls lease is subject to the ~ollo~ng provisions:

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I. "SECRETARY" ~ uzed herein m~ans the Secret~ry the Interior nr his authorized representative.
2. I.N'TF.II~K.~T.--It is under~tood and agreed l~et~een the parties hereto that. i£ any installment of rental is not paid within 30 days a~ter becoming due, in,rest nt the rate of 11 perrent per annum will become due v, nd payable frum the date such rental became due and will run until s.dd renL'tl is paid. ~. OPERATION AND 51AI,'~'TENANCE ASSESS.~IENTS.~It is under~tood and agreed that the lessee u'ill pay all operation and maintenance ~.'~essments annually in advance on the due date preceding ez~h irrigation season, including any penalties aceTuing against the above-de~c_r~bed land under irrigation, a~d w~']l pay ~I~ charges a~. ~essed in connection with any other improvement project or distr~ot ~'ithin which the land~ may be focused, pursuant to the e~isting or ~utur~ order~ or regulations of the Sec-

8. UNLA~t'FUL CONDUCT.~The lessee agrees that he will not. use or cause to be used any pare o[ the ]e:~ed premises for any unla~-/ul conduct or purpose.
9. RELINQUISHMENT OF SUPERVISION BY TIIE SECRETARY.~Nothing contained i~ this lease sb~II operate to delay or prevent a termination of Federal trust r~ zponsibilities ~th respect to the land by the issuance of a ~ee patent or otherwise during the term of the lease; however, such termination shall not serve to abrogate the lease. TEe owners o[ the land and the lessee and his surety or ~ureties ~hail be notified by the Secretary of aaF such e..ha.nge in the statu~ of the land. 10. 15I PROVE3IENTS.--Unles$ otherwise provided herein it is understood and agreed tlmt any buildings or other improvements placed upon the s~id land by the become the proper~y of the lessor upon termination or expirutlon of this lease. IL VIOLATIONS OF LF.~\SE.--It is underst¢~l and agreed that violations of this lease shall be acted upon in ~ordance with the regulatior~ in 21 CFR 131.

4. REPAIRS.--It is uader~tood and arreed tl~t the lessee is to keep the premises covered by this lease in ~ood r~p.-dr, ~d the ~id le~e will ~ r~ponsible ~or all dam~ge~ done to buil~ngs ~nd ~enc~ and other imp~v~ ~en~, except the ~unl we~ and ~. CROP LEASES.--I~ is ~n~erstood and agreed that the ¯see will not purchase or be a pa~ty to the purchase by .nyone, o[ the lessor's share o[ the crop, without prior approval of the Secret~. 6. SUBLEASES AND ASSIGNMES"TS.~Unless otherwise provided herein, a suble~-~o, a.ssig'nment or amendment of this lease may be made only ~dth the apprvval of t~ Secretary and the written consent o[ all parties to thi~ ]ea~e, inelud~g the ~urety or sureties. 7. RESERVATIONS.~It L~ ~der~tood and agreed that the lessor reserves the r~ght to m~e oil and gas lea~es, g~nt ~ghts o~ way and other legal ~n~, on the premises cove~d by thi~ ]e~se ~nd th~ in event ~uch a lease or g~nt ¯ i~ made. the less~ hero.tier shall ~ entitled to d~mages for the actual loss $us~ined b7 him on account of said lease or ~nt, and to not~n~ mo~. ]t is fu~her unde~to~ that in the even~ of a ~sp~ ~etween the lessee he.under ~d the lessee or ~tt~ under any oil ~nd g~ lease, ~ht-of-w~y, or other ~nL ~ to the ~ount of such ~ct~l dom~ge~ the mntzer will ~ ~fe~ed to the S~reta~ who s~]l be the sole ~d final judge ~ ~ the amount of ~e ~d damo~e~

12. ASSENT NOT WAIVER OF FUTURE BREACH OF
COVENANTS.--No a..'~ent~ express or impllcd, to ~ny broth of any of the les~ee's eoven:u~t.~, ~hall be deemed be a ~vaiver of any sure,Ling brea=h of any oven~nL~. 13. UPON WHOM BINDING.--It is understood and agreed that the covenant~ and agreements hereinbefore mentioned sh~l ex~nd to and be binding upon the heir, ~igns, er~cuto~, and administrato~ of the parties ~ t~ l~e. While the le~ed p~mises'~e in t~st or ~st~c~ s~, all the lessee's obligations under t~s le~e, ~d the "obligatio~ oZ i~ suretie~ are W ~e United Stat~ ~ well ~ ta~e o~er of the ~&" II. INTEREST OF MF.~IBER OF CONGR-F.~S.~No l~lember of, or Dele~te to Con~ss, or Resident ~ioner, sMll be admired ~ any shoe or pR~ ~t or to any ~nefit that may a~se here[rom, but p~sian s~ll not ~ const~ed to ex~nd to t~s cont~t made wi~ a co~tion or eom~ny for i~ gene~I bene~ 15. APPROVAL--It is understood and' agreed that thi~ lea~e shall be valid and binding o~]y n.ft~r approval by the

Por~ t~A0 Revised
:t 1971)

Page 2

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seeds, entral ely be by cultivation, chemical lppllcatlooe~ burotP~, or pasturing, prevl~4~ other provisions Of the lease ore not vloilted. slbn of the |~Peau of Indlln AffSIPI to alintl|n led tepPo?o the soil and eater resources oovered tn this lelao. the Secretary will provide technltal little&nee |e planning ~. IIRIOATION VAT(I ONTSOL.--a. Good trrtgltIOO practices cbaaervet!oe lgproveoencs, Any plea oP preotlco resulting free ether technical services meet be lpprovod by the Secretsry before spelled o the ldnd. Ogroed that the leslie Is rilpenaib|o for the applIcalion Of operstlona In s bUablndlitl m~oner, Practices-employed end m|nim~o applltltloh thereof to aocoi~plleh soil sad niter source malnteBln¢o~ OPO cub~eot to tOncvrranco of the 4. CHOPPING STSTIHS.--TBo land use plans and creeping ~cretir~, oecutlva seasons (unless in exception Is oaoo by the Settee end OCher raCer*caused da~dge to the lend, b. Surface neste~eFs ehere seemed ~111 be established and lil lntltned l~Oy from each Yield to 0revise pending, ~stor lot|tog, or ether dlnego CO this and odjelnlng propertieS. . Lessee Is required to mike boneft¢|il use Of motdr delivered through tie lrrtgatleu pro~ect. be reported to the Agon¢~ iunlervltlenllt for lnloctl~&tlen, 10. IRPROYtR[MTS.--It Is understood and agreed that ooy lind tmprevonent or onstruct|on for tepPOVeHUt e¢ laid oP trrtglClon facilities vbethor Scheduled el a least oB~ltnent or not, v111 be subject to approval of the Secretar~ before moth Is started. ¢oJ~leted projects east &lie be approved by tie Secretory before acoeptlnCe. 11. COXTIO~ OF LIY[STOr~.'°Vhoro the lessee uses 1omd for platurtn~ or ¢oodln~ livestock tt tl veddrstaod aid mpreod that he Is responsible for the ontllnnent of laid livestock. that ea onvtronnental protection agencies' re~latlo~| leterpre~od and lppl|¢d, to the uses [ida of lgrSce|turdl lends the leIsne will rv~vlace his operation to oom~17 mltb lSld regulations. 13. The improving officer or his r0presentlttve led the lessor may enter upon and InSpect the preutses covered by ever locke ere placed on gates. ~eya must be furolshe~ the ~&ed 0peractons S~C Office. 14. The lessee agrees to practice proper grszlng maea~enent OO ill lands cover~ by this lease. This Includes protectl~ the desirable niClvo ~rasses, foroI and shrubs free OVer~'eeo ItS. Feedlots oAd over vlntaP arels oust be fenced am4 meoo aged properly. ll. leASH AND G~BAG~ DISPOSAL.--The lessee ~111 not dv~p, OP perils others to dv~p, tralh 0r ¶arbase On Ibis lolled lind. 8. PROP[IT¥ LINtS.-oldontiflCltSOn o~ propert~ Illen ~tll 1tess vtll be prelected, unless removal is ipproved b~ the

~eetod. IOtltlonl mvsC Include h1|h Pal|duo crept Or ouI0y the Of blrn~erd oenuro or other organic Olterlll tO replace ore Olht¢ oeterta| removed from thS loll. Nnlese 811~ed by special permit frog the Secretary, ~ursn9 the fire lelJon a permit from Cho fire district I! alao reqolre¢. |, CAOP I(SIOV( HA~XGt~(NT.o-All CrOP roe|duo (vicar ble. mint ilull, torn italia, etc.] mill be tacorporateP beet the sell IS loon il post|bit eftoP barrels Including crop holed or etharelse removed it otll be ¢onlldsro¢ s Ion rest~ee oPOp tn the rotation,' o,g, the alma is earn cut fop lame (Paragraph 4). ?, Veto ONTiOL,**~e~da, pliers onsidered to hive I Ilve ocenoel¢ value, o111 be controlled lh fields, lion fbnces~ rOilUay|~ dttchaa Ihd Off Id|l R|hlC~vo ¢ontro| It' censldered te be prevention free produotng

THIS ACTION IS COVERED BY AN ENVIRONHENTAL ASSESSP~ENT AND NEGATIVE DECLARATION SIGNED AND FILED AT THE YAKIHA AGENCY BY THE SUPERINTENDENT ON APRIL 29, ]976.

Allotment 2303 & T-2303 SE4NW4 & NE4SW4 (Less bldgs. & yard area of 1.5 ac., less E. 453 of S. 480 NE4SW4 4.99 ac. M/L 2303A, 2303C) in Sec.28-10-21
Special Practices & ConT~itments: None

Land Use: General cropping, mint, grazing crop aftermath and mint slug storage. Peculiarities:1)Chemical weed control (e.g. Sinbar, Atrazine) will be restricted whereby any subsequent crops will not be injured after lease expiration. 2)Lessee agrees to provide SMC with the preceding years records of pesticide usage by January 31 of the final year of the lease.

Total Ac. O&M Crop Ac'~ AUM ' L.Nu. Ten. Rent' Photo# Initials

Richard Mains

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Prvvi~n ~b. 18
Allot. ~. 2.303 & T-2303

it is understood and agreed that the Superintendent be and he is hereby authorized to grant access road privileges through the within described lands for serving ad~cent or nearby inaccessible indian t_olst lands. Provided, however, that said access roads be established as well as operated with least possible damage to within lands. And further, that the Superintendent shall be sole judge of equities involved.

it is understood and agreed the succeeding shall have privilege of occupying the fields for the purpose of preparing the land for the ensuing year's crop on and after December ist preceding the expiration of the lease.

The lessee agrees to comply with all applicable water pollution control laws, regulations, and State and Federal Water pollution control agencies reconm~ndations, in the construction of all sewerage systems, sewage treatment or disposal plants or systems, or in the improvement or extension of any sewerage systems or sewage treatment or disposal plants.

Provision No..2 is amended to read: it is understood and agreed between .the parties hereto that, if any installment or rental is not paid within 30 days after becoming due, penalty at the rate of 18 percent per annum will become due and payable from the date such rental became due and will run until said rental is paid.

All buildings and inside fences owned by Lessee located on this tract must be r~moved within 30 days upon termination or expiration of lease.

in the event Lessee has possession of buildings, they must be kept in an orderly and sanitary condition.

Permission is granted to include this tract of land with other lands a Farm Unit for participation in the County ASC Program.

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As a material part of the consideration of this lease, Lessee hereby waives all claims against Lessors and/or the United States Government free and harmless from liability for all claims for any loss, damage, or injury arising from the use of the premises by Lessee, together with all costs and expenses in connection therewith.

Holding over by the Lessee after the termination of this lease shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises. ~ OF LESSC~: Boundary Fences
~ OF IaSSEE: None

Date: ~SEE

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FIRE DISTRICT NO. 5 ASSESSMENT AGREEMENT PROVISION NO .........................................

LEASE NO. LESSEE: .... Cmaig..0swalt ...........................

ALLOT. NO.

I.=.8...!.&O. ........... ~Dl~Ess.a,a.~.22a, ................................. ......... .2303.~.~-2303
..Tappenisk,..WA... LEASE TERM YEARS 5 989.48 ...........
PH# 854-1910

To:..22Z31Z.~7 .....

LAND DESCRi PTi ON..~.~....'.~...:..~..P.~...~.'..: ..... .2..3..0..3..:~.!:.2..3..0..3..:. .... .$.i~/4 Nwli4 and NEI/4SWI/4 (less all bldgs. & yard area of 1.5 acres, more or less) (less the E~.. ~ 53.. fZ.,.. 9~...~....S.,....4..8. Q...f..t..:...o..f.....dg..e... less. 2303A & 2303C), Sec. 28, T. 10 N., R. 21 E., W.M., WA., containing 75.01 a~r~s~.. ~Q)~.~...Q.~....i..e..s..s. :. ............................... FIRE PROTECTION FEE $..4..8.,..4..0. .............. It is understood and ag,:eed that the lessee will pay annually, on the date specif