fullest possible extent on the above-described tract of land; to commit no waste upon said land or upon the mines that may be thereon, and to suffer no waste to be committed thereon; to take good care of the same, and to surrender and return the premises at the expiration of this lease to the party of the first part in as good condition as when received, ordinary wear and tear in the proper use of the same, for the purposes herein before indicated, and unavoidable accidents excepted, and not to remove therefrom any buildings or improvements erected thereon during said term by the part of the second part, but said buildings and improvements shall remain a part of said land and become the property of the owner of the land as a part of the consideration for this lease, in addition to the other considerations herein specified, except engines, tools, and machinery, which shall remain the property of the said part of the second part; that ...... will not permit any nuisance to be maintained on the premises, nor allow any intoxicating liquors to be sold or given away to be used for any purposes on the premises, and that will not use the premises for any other purpose than that authorized in this lease, nor allow them to be used for any other purpose; that ................ will not at any time during the term hereby granted assign or transfer estate, interest, or term in said premises and land or the appurtenances thereto to any person or persons whomsoever without the written consent thereto of the party of the first part, or his successors in office.

And the said part of the second part further covenant... and agree.. that will keep an accurate account of all mining operations, showing the whole amount of mineral.. mined or removed, and that there shall be a lien on all implements, tools, movable machinery, and other personal chattels used in said prospecting and mining operations, and upon all such minerals, metals, and substances obtained from the land herein leased, as security for the monthly payment of said royalties.

And the part... of the second part agree... that this indenture of lease shall be subject in all respects to the rules and regulations heretofore or that may be hereafter prescribed under said section 13 by the Secretary of the Interior; and, further, that should the part.... of the second part, executors, administrators, or assigns, violate any of the covenants, stipulations, or provisions of this lease, or fail for the period of thirty days to pay the stipulated monthly royalties provided for herein, then the party of the first part shall be at liberty, in his discretion, to avoid this indenture of lease and cause the same to be annulled, when all the rights, franchises, and privileges of the part.. of the second part, executors, administrators, or assigns, hereunder, shall cease and end, without further proceedings.

The part of the second part

firmly bound for the faithful compliance with the stipulations of this indenture by and under the bond made and executed by the part.... of the second part as principal.......... and....

In witness whereof the said parties of the first and second parts have hereunto set their hands and affixed their seals the day and year first above mentioned. [SEAL.]

Two witnesses to each signature.

as to.

Secretary of the Interior.

[SEAL.]*

* Stamps are required by the act of June 13, 1898, to be placed on leases as follows: Leases for one year, 25 cents; for more than one year and not exceeding three years, 50 cents; and for more than three years, $1. Lessees must furnish stamps for all leases.

as sureties, are held and firmly bound unto the United States of America in the sum of dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, and each of us, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated

hundred and ninety-.

day of

eighteen

The condition of this obligation is such, That whereas the above bounden

the Secretary of the Department of the Interior, for the lease of a certain tract of land located in the Nation, Indian Territory, for the purpose of prospect

ing for and mining

shall faithfully carry out and observe all the obligations assumed in said indenture of lease by and shall observe all the laws of the United States, and regulations made, or which shall be made, thereunder, for the government of trade and intercourse with Indian tribes, and all the rules and regulations that have been or may be prescribed by the Secretary of the Interior under section 13 of the act of June 28, 1898 (30 Stat., 495), relative to mining leases in the Indian Territory, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed in the presence of t

do depose and say that I am worth, in unincumbered property, over and above my debts, liabilities, and exemptions under the laws of the

of

and consisting of §

*The Christian names and residences of principals, and of the sureties, where personal sureties are given, of whom there must be two.

There must be at least two witnesses to all signatures, though the same two persons may witness all.

A seal must be attached by some adhesive substance to the signatures of principals and sureties.

$Here state whether city property, improved or unimproved, or improved farms or unimproved lands. Property must be described by street numbers, lot numbers, or section and township numbers.

duly qualified to act as such, and to administer oaths in such cases, and that

I believe his signature, as above written, is genuine.

In testimony whereof I have hereto set my hand and affixed the seal of one thousand eight hundred and ninety

this .... day of

*Here describe the nature of the property, whether notes, bonds, stocks, merchandise, etc. State also the present market value, as near as practicable.

REGULATIONS TO GOVERN MINERAL LEASES AND OTHER MATTERS

IN THE CHOCTAW AND CHICKASAW NATIONS.

1. The agreement with the Choctaw and Chickasaw nations set out in section 29 of the act of Congress entitled “An act for the protection of the people of the Indian Territory, and for other purposes," approved June 28, 1898 (30 Stat., 495-510), which was duly ratified on August 24, 1898, provides that the leasing and operating of coal, asphalt, and other mineral lands in said nations shall be under the control of two trustees appointed by the President of the United States upon the recommendation of the executives of said nations, each of whom shall be an Indian by blood of the respective nation for which he may be appointed.

2. Each trustee to be appointed under the provisions of said agreement shall be required to file a bond, with two good and sufficient sureties or an approved trust or surety company, with the Secretary of the Interior in the penal sum of $10,000, conditioned for the faithful performance of his duties under said agreement as prescribed therein, and in accordance with these regulations. Said bonds shall be approved by the Secretary of the Interior before said trustees shall be permitted to enter upon their duties.

3. It shall be the duty of the trustees to receive applications from parties desiring to make leases of lands within the Choctaw and Chickasaw nations for the purpose of engaging in the mining of coal, asphalt, or other minerals, to examine said applications and transmit the same, with report of facts, to the United States Indian inspector stationed in the Indian Territory, and, on receipt of authority from him for that purpose, to enter jointly into leases with all parties to whom the privilege of leasing lands in said nations for mining purposes shall be approved by him in such form as shall be prescribed by the Secretary of the Interior.

Said trustees shall also make an examination from time to time, as often as it shall be deemed expedient, and at least once in every month, into the operations of all persons, corporations, or companies operating mines within said nations, with a view to ascertaining the quantity of minerals produced by each, the amount of royalty, if any, due and unpaid by each, and all other information necessary for the protection of the interests of the Choctaw and Chickasaw nations in the premises; and for this purpose all persons, corporations, or companies operating mines within the Choctaw and Chickasaw nations shall give said trustees access to any and all of their books and records necessary or required by them to be examined, and at the end of each quarter said trustees shall make a report to the Secretary of the Interior, through said Indian inspector, of all their acts under said agreement and these regulations.

4. All indentures of lease made by the trustees, as above provided, shall be in quadruplicate and shall contain a clear and full description, by legal subdivisions, of the tract or tracts of land covered thereby, not to exceed 960 acres, which legal subdivisions must be contiguous to each other. Said indentures of lease so executed shall be transmitted through the United States Indian inspector stationed in the Indian Territory to the Commissioner of Indian Affairs, for submission to the Secretary of the Interior, for his approval, and no lease shall be valid until the same shall have been approved by the Secretary of the Interior.

5. Royalties shall be required of all lessees as follows, viz:

On coal, 15 cents per ton for each and every ton of coal produced weighing 2,000 pounds.

On asphalt, 60 cents per ton for each and every ton produced weighing 2,000 pounds.

The right is reserved, however, by the Secretary of the Interior in special cases to either reduce or advance the royalty on coal and asphalt on the presentation of facts which, in his opinion, make it to the interest of the Choctaw and Chickasaw nations, but the advancement or reduction of royalty on coal and asphalt in a particular case shall not operate in any way to modify the general provisions of this regulation fixing the minimum royalty as above set out.

On gilsonite, elaterite, and other like mineral substances the royalty shall be fixed according to the comparative market value of the same to the value of asphalt.

On oil 10 per cent of the value of all oil produced, the royalty to be ascertained on the value of the oil produced in its crude state; and on all other minerals, such

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545

as gold, silver, iron, and the like, as follows, sampling charges to be first deducted: On all net smelter returns of ore of $50 per ton and under, a royalty of 10 per cent; on all net smelter returns of ore over $50 per ton and less than $150 per ton, a royalty of 15 per cent; on all net smelter returns of ore over $150 per ton and less than $300 per ton, a royalty of 20 per cent; and on all net smelter returns of ore over $300 per ton, a royalty of 25 per cent.

Provided, That all lessees shall be required to pay advanced royalties, as provided in said agreement, on all mines or claims, whether developed or not, to be "a credit on royalty when each said mine is developed and operated and its production is in excess of such guaranteed annual advanced payments," as follows, viz: One hundred dollars per annum in advance for the first and second years, $200 per annum in advance for the third and fourth years, and $500 in advance for each succeeding year thereafter; and that, should any lessee neglect or refuse to pay such advanced royalty for the period of sixty days after the same becomes due and payable on any lease, the lease on which default is made shall become null and void, and all royalties paid in advance shall be forfeited and become the money and property of the Choctaw and Chickasaw nations.

6. That all lessees of sand or gravel deposits shall be required to pay a royalty of not less than 2 cents per cubic yard for all such material removed, to be measured as the same may lie in the original deposit: and for this purpose the lessee shall, before removal, cause such levels or bench marks to be established or laid out as may be necessary to provide for the proper measurement of the quantity removed after the same has been excavated. And all lessees of stone quarries shall be required to pay a royalty on granite of not less than 10 cents per cubic yard for all stone quarried, measured by run of quarry, and on all stone other than granite the royalty shall be proportionate to the comparative value of such stone with the value of granite, as may be agreed upon.

7. All lessees of oil, coal, asphalt, or other minerals on land allotted, sold, or reserved shall be required, before the commencement of operations, to pay to the individual owner the value of the use of the necessary surface for prospecting and mining, including the right of way for necessary railways and the damage done to the lands and improvements; and in case of disagreement, for the purpose of the ascertainment of the fair value of the use of the land and the actual damage done. the owner of the land and the lessee shall each select an arbitrator, who, together with such person as shall be appointed or designated by the inspector located in the Indian Territory, shall constitute a board to consider and ascertain the amount that shall be paid by the lessee on account of use of the land and damage done. and the award of such board shall be final and conclusive, unless the award be impeached for fraud. All timber and other materials taken by the lessee from land allotted, sold, or reserved for use in the erection of buildings thereon, and in the mine or mines operated by him thereon, as for shoring levels in coal mines. and so forth, shall be paid for by the lessee at the usual rates.

8. The owners or holders of leases which have been assented to by any act of Congress shall be required within six months from August 24, 1898, to enter into new leases with the said trustees under the provisions of said agreement, said leases to be subject to all the provisions of said agreement and of these rules and regulations, and any others that may hereafter be made by the Secretary of the Interior under the provisions of said agreement.

9. Persons, corporations, and companies who, under the customs and laws of the Choctaw and Chickasaw nations, have made leases with the national agents of said nations of lands therein for the purpose of mining coal, asphalt, or other minerals and who prior to April 23, 1897, had taken possession of and were operating in good faith any mine of coal, asphalt, or other minerals in said nation, shall be protected in their right to continue the operation of such mines for the period and on the terms contained in the lease made to said persons, corporations, or companies by such national agents, and shall have the right, at the expiration of said term, to renew the lease of such mines. subject, however, to all the provisions of the said agreement and of these regulations: Provided, That such persons, corporations, or companies shall, within sixty days after the expiration of their leases with the national agents of the Choctaw and Chickasaw nations, apply to the said trustees for a renewal of their leases under said agreement. And all corporations which, under charters obtained in accordance with the laws of the Chickasaw Nation, had entered upon and improved and were occupying and operating any mine of coal, asphalt, or other mineral within said Chickasaw Nation shall have a preference right to lease the mines occupied and operated by such corporations, subject to all the general provisions of said agreement and of these regulations: Provided, That should there arise a controversy between two or more of such corporations, the respective rights of each