Regulations governing the leasing of restricted allotted Indian lands of mining purposes : (not applicable to the Five Civilized Tribes or Osage Nation).

  • United States. Office of Indian Affairs
Date:
[1925]
Catalogue details

Licence: Public Domain Mark

Credit: Regulations governing the leasing of restricted allotted Indian lands of mining purposes : (not applicable to the Five Civilized Tribes or Osage Nation). Source: Wellcome Collection.

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    decree of forfeiture. If this lease be producing when a decree of forfeiture is made, such forfeiture shall relate only to the undrilled portions of the lease. Should the fee to said land be divided into separate parcels, held by different owners, or should the royalty or rental interests hereunder be so divided in ownership, after the execution of this lease and after the Secretary of the Interior relinquishes supervision hereof, the obligations of lessee hereunder shall not be added to or changed in any manner whatsoever. Notwithstanding such separate Ownership, lessee may continue to drill and operate said premises as an entirety: Provided, Each separate owner shall receive such proportion of all royalties, advance royalties, and rentals accruing after the vesting of his title as the acreage of the fee, or royalty or rental interest, bears to the entire acreage covered by the lease: Provided further, That if at any time after departmental supervision hereof is relinquished, in whole or in part, there shall be four or more parties entitled to advance royalties, rentals, or royalties hereunder, whether said parties are so entitled by virtue of undivided inter- ests or by virtue of ownership of separate parcels of the land covered hereby, lessee, at his election, may withhold the payment of further rentals, advance royalty, or royalties (except as to the portion due the Indian lessor while under restriction) until all of said parties shall agree upon and designate in writing and in a recordable instrument a trustee to receive all payments due hereunder on behalf of said parties and their respective successors in title. Payment to said trustee shall constitute lawful payment hereunder, and the sole risk of an improper or unlawful distribution of said funds by said trustee shall rest upon the parties naming said trustee and their respective successors in title. 36. Should the removal of restrictions affect only part of the acreage covered by an oil-and-gas lease containing provisions to the effect that the royalties accruing under the lease, where the fee is divided into separate parcels, shall be paid to each owner in the pro- portion which his acreage bears to the entire acreage covered by the lease, the lessee or assignee of such unrestricted portion will be re- quired to make the reports required by these regulations and the operating regulations with respect to the beginning of drilling op- erations, completion of wells, and production, the same as if the restrictions had not been removed. In the event the unrestricted por- tion of the leased premises is producing, the owners of the lease thereon will be required to pay the portion of the royalties due the Indian lessor at the time and in the manner specified by these regu- lations. FEES 37. In accordance with the provisions of the act of February 14, 1920 (41 Stat. L. 408-415), a fee of $5 is hereby required upon ap- proval of each lease, sublease, or assignment. This fee shall be paid at the time of filing the lease, sublease, or assignment, and will be re- funded in case the instrument is disapproved. FORMS 38. The forms prescribed for use in connection with these regula- tions are designated as follows, and may be obtained from the offi- cer in charge at a cost of 10 cents each: 5-154. Lease for minerals, other than oil and gas. 5-154b. Bond. 5-154d. Authority of officers to execute papers. 5-154e. Assignment. 5-154f. $15,000 collective bond.
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