Subchapter R-Leases and Sale of Minerals, Restricted Indian Lands

PART 180-LEASING OF OSAGE RES- | able company authorized to act as sole
ERVATION LANDS FOR OIL AND
GAS MINING

POWERS AND DUTIES OF INSPECTORS
§ 180.60a Unit operating area. That
for the purpose of preventing waste
and to permit production of oil and gas
in such manner as to promote the great-
est ultimate recovery of oil from a
source of common supply (single field
or pool), a cooperative development or
unit operating area shall be established
by the oil inspector and delineated on
a map. All lands lying within such de-
fined area shall be subject to such
specific requirements and regulations
with reference to development and pro-
duction as the oil inspector shall pre-
scribe from time to time. All residue
gas having its origin in such defined
area and returned to the oil lessee after
extraction of gasoline and other liquid
products (except that necessary for
operating purposes as elsewhere pro-
vided in the regulations in this part)
must be injected into the sand or horizon
from which it was originally withdrawn
for the purpose of increasing the recovery
of oil. Only with the consent of the
oil inspector first had in writing shall
less than the full volume of such resi-
due gas available be so injected. The
oil inspector shall consent to the in-
jection of less than said full volume
only after a study of the area and a
determination of the amount of gas
necessary to be injected to effect the
maximum ultimate recovery of oil and
gas as required by the Act of March 2,
1929 (45 Stat. 1478). The foregoing is
the reissuance of regulations approved,
effectuated and given publication as of
March 26, 1938. (Sec. 3, 34 Stat. 543,
secs. 1, 2, 45 Stat. 1478, 1479) [As added
Mar. 24, 1939; 4 F.R. 1512]

PART 183-LEASING OF RESTRICTED
LANDS OF MEMBERS OF FIVE CIVI-
LIZED TRIBES, OKLAHOMA, FOR
MINING

How To ACQUIRE LEASES

§ 183.15 Bonds. Lessee shall furnish with each lease, a bond (form 5-154b) with personal sureties or with an accept

surety. Such bond shall be in amount as
follows: For less than 80 acres, $1,000;
for 80 acres and less than 120 acres,
$1,500; for 120 acres and not more than
160 acres, $2,000; and for each additional
40 acres, or part thereof, above 160 acres,
$500: Provided, That a lessee may file
one bond (form 5–154f) in the sum of
$15,000, covering all oil and gas leases up
to 10,240 acres, to which he is or may
become a party, Provided, further, That
on leases other than for oil and gas the
amount of the bond shall be fixed by
the Superintendent or other officer in
charge of the Five Civilized Tribes
Agency, but shall not be less than $250.
The right is reserved at any time before
or after approval of the lease to increase
the amount of a bond above the sum
named, in any case where the Secretary
of the Interior deems it proper to do so.
Bonds with personal sureties will be ac-
cepted only where the sureties deposit
collateral, with the Commissioner of In-
dian Affairs, equal in value to the full
amount of the bond and consisting of
any public debt obligation of the United
States, guaranteed as to principal and
interest by the United States. In lieu of
other bonds, lessees may execute their
own surety contracts upon deposit, with
the Commissioner of Indian Affairs, of
Government bonds, equal in value to the
full amount of the bond, as collateral
(form 5-154a). (Secs. 2, 3, 11, 35 Stat.

312, 313, 316, 45 Stat. 495, 733, secs. 1,
8, 47 Stat. 777, 779, sec. 18, 41 Stat. 426,
Secs. 2, 3, 4, 52 Stat. 347; 25 U.S.C. 356,
25 U.S.C., Sup., 396b, 396c, 396d) [As
amended Aug. 9, 1939; 4 F.R. 3679]

RENTS AND ROYALTIES

§ 183.22 Expenditures under leases other than oil and gas. On all leases for deposits of minerals other than oil and gas, there shall be expended for each calendar year the lease is in force, and for each fraction of a calendar year greater than 6 months, in actual mining operations, development, or improvements upon the lands leased, or for the benefit thereof, a sum which, with the annual rental, shall amount to not less than $5 per acre.

The expenditures for development required by this section upon applica

tion may be waived in writing by the vance annual rentals shall be paid on Superintendent or other officer in charge leases for minerals other than oil and of the Five Civilized Tribes Agency gas at the following rates: Twenty-five either before or after the approval of cents per acre for the first calendar a lease, such waiver to be subject to ter- year or fraction thereof; 50 cents per mination at any time upon 10 days' acre per annum for the second and third years; and $1 per acre per annum for each and every calendar year thereafter

Subchapter S-Moneys, Tribal and Individual

PART 223-JUDGMENT AND LIEU OF part, shall approve or disapprove of all

ALLOTMENT FUNDS

SUBPART A-KLAMATH TRIBE1

Sec.

223.1 223.2

223.3

223.4 223.5

223.6

223.7

223.8

223.9

223.10 223.11

Approval of programs.
Repayment of loans.

Use of judgment fund shares.
Use of payments in lieu of allotment.
Authority to withhold funds.
Family programs.

Limitations upon superintendent's
authority.

Allowances for support.

plans or programs submitted by Indians for disbursement of pro-rata shares of the Klamath Judgment Fund and the payments in lieu of allotment. Should the superintendent disapprove the plan or program, in whole or in part, the individual concerned shall have the right to appeal, through the superintendent, to the Commissioner of Indian Affairs. The superintendent shall promptly forward all appeals thus filed to the Com

Medical, dental, and surgical treat- missioner of Indian Affairs with his

ment. Education.

comments. Preference shall be given by

Funds not available for payment of the superintendent to programs: (a) for
certain debts.
the construction or improvement of In-

223.12 Issuance of purchase orders.

223.13 Disposition of funds in event of dian homes; (b) to provide better liv

223.14

223.15

223.16

death.

Certain minors' funds unavailable.
Definition of "minor."
Branding.

223.17 Transfer of funds.

SUBPART B-SHOSHONE TRIBE OF THE
WIND RIVER RESERVATION, WYOMING 2

ing conditions; (c) to establish the Indian in such enterprise or undertaking as will, with his resources, training, education and ability, best enable him to succeed in providing for himself and family; and (d) to provide a better education for those desirous of obtaining higher education. No plan or program for the expenditure of a sum of less than $25 shall be considered by the superintendent.*†

*§§ 223.1 to 223.17, inclusive, issued under the authority contained in sec. 2, 52 Stat. 605, 53 Stat. 1252; 25 U.S.C., Sup., 552, 541, 542.

The source of §§ 223.1 to 223.17, inclusive, is Regulations governing disbursement of Klamath Judgment Fund and the payments in lieu of allotments, Secretary of the Interior, Oct. 3, 1939; 4 F.R. 4260.

The

§ 223.2 Repayment of loans. superintendent shall draw checks against the funds of an individual for the repayment of all debts due by him, according to the terms of the agreement signed by the individual, to the United States or to the Klamath Tribes. If the individual has borrowed from the Klamath Loan Fund, repayment of all or a part of which loan is not due under the loan agreement, an amount equal to the unpaid balance of the loan, plus interest computed at the rate and for the term agreed upon in the loan agreement, shall be withheld by the superintendent, except that it may be paid over to the individual for use under this part with the written consent of the Klamath Loan Board.*+

§ 223.3 Use of judgment fund shares. The superintendent may expend indi

vidual shares of the judgment fund for: real or personal property owned by said purchase of land; improvement of land minor or held in trust for him, or in the acquired or already held by the Indian; creation, development or completion of erection and improvement of suitable a project or undertaking or in the prohomes; purchase of building material, duction of a gain or profit which will farming equipment, livestock, feed, food, inure directly to the benefit of such seed, grain, tools, machinery, imple- minor; (b) the title to any real propments, household goods, bedding, cloth-erty or fixtures, purchased wholly or in ing, and any other equipment or supplies necessary to enable the Indian to fit himself for or to engage in farming, livestock raising, industry, or such other pursuits or vocations, including education, as will enable him to become self-supporting; and health.*†

part with his money is held in trust for him: Provided, That a minor's funds may not be used in the purchase of real property or fixtures unless 75 percent or more of the purchase price is paid from his funds; or (c) the adults convey to the United States in trust for such minor sufficient real or personal property to assure, insofar as is possible, that the

in lieu of the money, property of a value equal to that of his funds used in the execution of the program. The superintendent shall not approve a family program which involves the transfer to a minor, in exchange for his funds, of assets of a nature which will not be useful to him.*+

§ 223.4 Use of payments in lieu of allotment. The superintendent may ex-minor upon attaining majority will have, pend the payments in lieu of allotment of individual Indians, for: industrial and agricultural assistance and the construction and improvement of homes, including the purchase of land and interests in land, building material, farming equipment, industrial equipment, trucks, livestock, feed, food, seed, tools, machinery, implements, household goods, bedding, § 223.7 Limitations upon superintendclothing, and any other equipment or ent's authority. supplies necessary to enable the Indian The superintendent to fit himself for or to engage in farm- shall not, without the approval of the ing, livestock raising, industry, or such Commissioner of Indian Affairs: (a) apother industrial or agricultural purprove any family plan or program for suits or avocations as will enable him the expenditure of more than $3,800; to become self-supporting; educational (b) expend more than $500 of a minor's advancement; and financial assistance funds; (c) approve a plan or program in case of illness, death, for the purchase of land or interests in land; or (d) approve of a plan or proemergency.*† gram for the purchase of a passenger

or other

§ 223.5 Authority to withhold funds. automobile. Authority for the expendiThe superintendent may stop disburse-ture of amounts in excess of those aument of funds in the execution of an approved program when he believes that the program or expenditure will not result in benefit to the Indian, and he may require either further justification for carrying out the program theretofore approved or the submission of a new program.*†

thorized in §§ 223.8, 223.9 and 223.10 must be obtained from the Commissioner of Indian Affairs. No funds shall be expended, except as provided in this subpart, without the approval of the Commissioner of Indian Affairs. Requests for authorization from the Commissioner of Indian Affairs shall be submitted by the superintendent with a full explanation of the circumstances, the program, and his report.*†

$223.6 Family programs. The funds of a husband and wife, and of any other adults in a family group, may be used in the execution of a family program, § 223.8 Allowances for support. The Provided, The written consent of each superintendent may, upon a proper individual is filed with the superintend- showing, make expenditures for monthly ent. The available funds of a minor allowances for maintenance and support may be used in the execution of such at a rate of not to exceed $150 per quarfamily program, only if (a) the funds of ter for adults or $100 per quarter for such minors are used solely in the de- minors. Allowances to minors must be velopment, repair or maintenance of solely for their direct benefit.*+

§ 223.9 Medical, dental, and surgical treatment. The superintendent may expend not to exceed $500 from the funds of any adult or minor to cover medical, dental, surgical, or hospital treatment, including nurse's services.*†

§ 223.10 Education. The superintendent may transfer to the superintendent of a non-reservation school not more than $350 for the use of a minor, including tuition, board and room, while in attendance at such school. The superintendent may expend not to exceed $350 a year from the funds of any minor for his tuition, board and room, and other expenses in a Government, private or mission school. The superintendent shall give special attention to the educational needs of children and young people.*†

§ 223.13 of death.

Disposition of funds in event The funds remaining to the credit of a deceased Indian shall be carried to the credit of the estate of such individual until his heirs have been determined. After payment of all proper claims against the funds, including reimbursable or other debts due the United States or the Tribes, the balance, including any sum to his credit on the books of the Indian Office, will be transferred to the individual accounts of the heirs in accordance with the heirship findings of the Secretary of the Interior. Such funds shall be expended in accordance with this subpart. The Superintendent may disburse not to exceed $50 rer month for the support of the widow of a decedent; $50 per month for the support of the minor children of a decedent, § 223.11 Funds not available for and $50 per month for the support of payment of certain debts. Debts, ex- orphaned minors. Before making the cept those to the United States and the disbursement, the superintendent shall Klamath Tribes, incurred by Indians reasonably satisfy himself that the reprior to August 7, 1939, shall not be paid cipients are the probable heirs to the from any funds made available from the estate, that they are in actual need of Klamath Judgment Fund. Debts of In- assistance, and that the value of the dians will not be paid from the funds estate is sufficient to justify such payto be disbursed under this subpart unless ments. Complete record of such dispreviously authorized by the superin-bursements must be reported by the tendent, except in emergency cases superintendent to the examiner of innecessitating medical treatment or in heritance and by the latter considered the payment of last illness or funeral and included in his report in the probate expenses,' as authorized in this subpart, proceedings. * † and in any other exceptional cases where specific authority is granted by the Commissioner of Indian Affairs.*†

§ 223.12 Issuance of purchase orders. The superintendent may issue orders to Indians who are mentally incompetent or clearly incapable of acting for their best interest. The orders shall be headed "To Any Dealer" and the total sum to be expended shall be clearly shown. In addition, a detailed list of the goods, wares and merchandise to be purchased shall be set out therein. A notation shall be added to the effect that no cash shall be given to the Indian under any circumstances. The superintendent may also pay to the individual to whom the order is issued not more than $5 in cash to enable him to travel by convenient means to a locality where the goods may be purchased.*†

§ 223.14 Certain minors' funds unavailable. The sum of $1,500 of each unallotted, minor Indian entitled to payment in lieu of allotment is not available during the minority of such Indian for the purposes of this subpart. Said sum is subject to the conditions and requirements of section 2 of the Act of June 1, 1938 (52 Stat. 605; 25 U.S.C., Sup., 552), as amended by section 2 (b) of the Act of August 7, 1939 (53 Stat. 1253; 25 U.S.C., Sup., 542 (b)). No part of the $500 of each minor's share of the judgment fund is available for the purposes of this subpart. This share of each minor's funds shall be held intact during his minority, as provided for in section 1 of the Act of August 7, 1939 (53 Stat. 1252; 25 U.S.C., Sup., 541).*†

The

$223.15 Definition of "minor." term "minor" shall include all members

Comptroller General Ruling A-62264, of the tribe less than 21 years of age, dated July 25, 1935.

except those 18 years of age or over and