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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I

Reports concerning Indians in Indian territory,   pp. 202-221 PDF (9.1 MB)

Page 215

REPORTS CONCERNING INDIANS IN            IND. TER.           215 
sibility and standing of said company or individual, and if a corporation
dence to that effect should be submitted. It should also be shown what plans
the new company expects to make to operate the lease, the experience it has
had in the oil and gas business, etc. 
Upon the submission of this application and evidence the matter of granting
authority for the transfer will be taken up with the Department. After such
authority is granted the formal papers in connection with the assignment
then be executed. The Department will not approve assignments made unless
authority is first granted in advance. 
The necessary papers to show the assignments are as follows: 
I. An instrument to be executed In quadruplicate by the original lessee,
describing the 
lease, transferring and assigning to the new company or individual all right,
title, or 
interest of said original lessee in and to the said original lease and the
thereunto belonging. 
II. An instrument in quadruplicate, to be executed by the new company or
describing the original lease, by which the new company or individual consents
to the 
assignment and agrees to carry out the stipulations and provisions of the
original lease, 
the assignment of which is to take effect upon the approval of the Department.
III. The new company or individual should also agree that the lease when
will be subject in all respects to the rules and regulations heretofore prescribed
or that 
may be hereafter prescribed by the Department governing these matters, and
that the 
company is bound either by a new bond or by the old bond, to be described
in the new 
IV. The bonding company must consent to the transfer of the lease, and if
the old 
bond is to remain in effect must also specifically state that said original
bond shall 
remain in full force and effect in the same manner as though the transfer
had not been 
made. Evidence must be shown as to the authority of the officers of the bond
to sign any agreement. 
As heretofore shown, in connection with oil, gas, and other mineral leases
in the Creek and Cherokee nations requiring the approval of the Secretary
of the Interior, all royalties due thereunder are paid to the United States
Indian agent at Union Agency for credit of the various Indian lessors. There-
fore, an individual account is kept with each lease, showing all royalties
thereon; and when the same is properly credited vouchers are prepared and
forwarded to the Indian lessor for his signature, upon receipt of which,
properly executed, the amount due is paid to the Indian by official check.
All lessees are required to make payment of royalty due for each calendar
month and to furnish report as to the production, under oath. Each report
is due, and remittance must be made, not later than the 25th day of each
month for the month preceding. Where there is no production, in order that
the records may so show, a statement to that effect is also required from
the lessees each month. 
As oil and gas mining leases are approved and the lands developed, this 
branch of the agency work accordingly increases. At the close of the fiscal
year there had been, as shown by the statement submitted in connection with
action taken upon these leases, a total of 543 mineral leases made by individual
allottees in the Creek and Cherokee nations upon which royalty was col- 
lected, credited, and paid out to the Indians. 
Under contracts made by the Department during previous years, before the
allotments were made, certain moneys were paid into the agency on account
of timber sold under such contracts. In many instances the lands covered
by these contracts were allotted before the expiration thereof; and, it having
been held that the allottee was entitled to moneys paid for timber removed
after the date of his application to select the lands as his allotment, such
moneys have been paid to the individual Indian, upon application, when it
was shown that his allotment of that particular tract had become final by
issuance of the customary certificate of selection. 
As will be noted from the statement of receipts and disbursements, the fol-
lowing amounts of individual Indian moneys were handled during the fiscal
Nation.                           Received. IDisbursed. 
Cheoke--------------------------------------81,195.17   M 5,279.67 
Choctaw h r ~ e and  .. . .. . .. . . . . . .. . . . . . . . . . .. . . .
. . . ..Chickasaw   (tim ber)-...... ...... ....... ............. ... ..-
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