A. INDIAN LANDS. 1. OPERATION OF ACT POSTPONED. 2. TIME FOR OPENING UNALLOTTED LANDS. 3. PREFERENTIAL RIGHTS TO LEASEHOLDERS. 4. RAVEN MINING CO.-TITLE TO MINING CLAIMS. 1. OPERATION OF ACT POSTPONED. The two joint resolutions passed by Congress on May 27, 1902 (32 Stat. 744), postponing the operation of this act, had the effect of suspending a locator's right to locate mineral claims on such land where such location was made on the same date. Gibson v. Anderson, 131 Fed. 39, p. 42. 2. TIME FOR OPENING UNALLOTTED LANDS. The time of opening the unallotted lands in the Uintah Reservation, as provided for in this act, was extended by successive acts to the 1st of September, 1905, unless the President should determine that the same might be opened by an earlier date. Raven Min. Co., In re, 34 L. D. 306, p. 307. Raven Min. Co., In re, 35 L. D. 382, p. 385. 3. PREFERENTIAL RIGHTS TO LEASE HOLDERS. As this act had granted preferential rights to locate mining claims not to exceed 640 acres of contiguous lands generally to those holding leases or permits to negotiate leases from the Indians as well as especial rights to the Raven Mining Co., it became necessary to identify and separate the mineral claims located under these privileges before the opening of the general body of the land by the President's proclamation. Raven Min. Co., In re, 34 L. D. 306. See Raven Min. Co., In re, 35 L. D. 382. 4. RAVEN MINING CO.-TITLE TO MINING CLAIMS. This act made no further provision with regard to the completion of title to these 100 mining claims which the Raven Mining Co. was authorized to locate, and in the absence of such legislation title to these claims could be obtained only in the ordinary manner provided for by the mining laws for the completion of title to mining claims elsewhere upon the public domain, and in compliance with section 2325 R. S. Raven Min. Co., In re, 34 L. D. 306, p. 308. The right granted to Raven Mining Co. under this act to locate 100 mining claims of the character of mineral mentioned in its lease is not limited in its exercise to the lands formerly embraced within such lease. Raven Min. Co., In re, 35 L. D. 382, pp. 384, 386. The rights existing under the lease were terminated upon the definite location of the ground by the Raven Mining Co. in the form in which it applied for the issuance of a patent under the locations made. Raven Min. Co., In re, 36 L. D. 190, p. 191. 32 STAT. 500, p. 504, JUNE 30, 1902. LEASE. AN ACT To ratify and confirm a supplemental agreement with the Creek Tribe of Indians, etc. Be it enacted, etc., That the following supplemental agreement, submitted by certain commissioners of the Creek Tribe of Indians, as herein amended, is hereby ratified and confirmed on the part of the United States, and the same shall be of full force and effect if ratified by the Creek tribal council on or before September 1, 1902, which said supplement agreement is as follows: * * * SEC. 17. Section 37 of the agreement ratified by said act of March 1, 1901 (31 Stat. 871), is amended, and as so amended is reenacted to read as follows: "Creek citizens may rent their allotments, for strictly nonmineral purposes, for a term not to exceed one year for grazing purposes only and for a period not to exceed five years for agricultural purposes, but without any stipulation or obligation to renew the same. Such leases for a period longer than one year for grazing purposes and for a period longer than five years for agricultural purposes, and leases for mineral purposes may also be made with the approval of the Secretary of the Interior, and not otherwise. Any agreement or lease of any kind or character violative of this paragraph shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity. * * * A. INDIAN LANDS. 1. OIL AND GAS LEASE EXECUTION AND EFFECT-RECORD. A lease executed by an Indian for oil and gas creates an inchoate interest in the land which by the approval of the Secretary of the Interior becomes absolute without any further act of the parties and by the doctrine of relation the leasehold estate upon the approval of the lease has its beginning at the date of the execution and delivery of the instrument, but such a lease must as against an innocent purchaser of the land for value be recorded before it is approved by the Secretary of the Interior. Shulthis v. MacDougal, 170 Fed. 539, p. 536. A lease of Indian lands under this statute and prior to its amendment or repeal was known as a departmental lease made under the statute and the rules of the Land Department giving the lessee the right to explore for and extract oil and gas from the leased lands for a period of 15 years, and required the approval of the Secretary of the Interior to make it valid, and according to the rules of the Land Office it must be executed in quadruplicate, one copy for the Secretary of the Interior, another to be filed in the office of the Indian agent, and one copy each for the lessor and lessee, and it must be recorded within the proper registration district of the territory, though no extra copy was required for that purpose. Shulthis v. McDougal, 170 Fed. 529, p. 536. See Shulthis v. MacDougal, 162 Fed. 331. An oil and gas lease of Indian lands is required to be recorded within the proper registration district and of which all persons must take notice, but a purchaser of oil and gas lands is not required to inquire for any such oil or gas lease at the Indian agency, though a copy of such lease is required to be deposited with the proper Indian agent, but this is purely for administrative purposes and does not constitute notice though a person by inquiry might ascertain the fact, but no information from an Indian agent, whether correct or not, will be controlling as against the record of such a lease at the proper registration office. Shulthis v. McDougal, 170 Fed. 529, p. 537. A purchaser of oil and gas land from an Indian is not chargeable with notice of a prior unrecorded oil and gas lease though he was informed by the grantor that he had signed an oil lease, but thought it worthless because the lessee afterwards returned and wanted him to sign new papers, which he refused to do, and where such purchaser thereupon required an abstract of the title and such abstract showed no such recorded lease. Shulthis v. McDougal, 170 Fed. 529, p. 538. 32 STAT. 641, p. 642, JULY 1, 1902. APPRAISEMENT-MINERALS-CHOCTAW AND CHICKASAW. AN ACT To ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes. Be it enacted, etc., * * * 9. All lands belonging to the Choctaw and Chickasaw tribes in the Indian Territory, except such as are herein reserved from allotment, shall be appraised at their true value: Provided, That in determining such value consideration shall not be given to the location thereof, to any mineral deposits, or to any timber except such pine timber as may have been heretofore estimated by the Commission to the Five Civilized Tribes, and without reference to improvements which may be located thereon. 10. The appraisement as herein provided shell be made by the Commission to the Five Civilized Tribes, and the Choctaw and Chickasaw tribes shall each have a representative to be appointed by the respective executives to cooperate with the said commission. *** * 26. The following lands shall be reserved from the allotment of lands herein provided for: * * * (d) All lands which shall be segregated and reserved by the Secretary of the Interior on account of their coal or asphalt deposits, as hereinafter provided. And the lands selected by the Secretary of the Interior at and in the vicinity of Sulphur in the Chickasaw Nation, under the cession to the United States hereunder made by said tribes. * * * 56. At the expiration of two years after the final ratification of this agreement all deposits of coal and asphalt which are in lands. within the limits of any town site established under the Atoka agreement, or the act of Congress of May 31, 1900, or this agreement, and which are within the exterior limits of any lands reserved from allotment on account of their coal or asphalt deposits, as herein provided and which are not at the time of the final ratification of this agreement embraced in any then existing coal or asphalt lease, shall be sold at public auction for cash under the direction of the President as hereinafter provided, and the proceeds thereof disposed of as herein provided respecting the proceeds of the sale of coal and asphalt lands. 57. All coal and asphalt deposits which are within the limits of any town site so established, which are at the date of the final ratification of this agreement covered by any existing lease, shall, at the expiration of two years after the final ratification of this agreement, be sold at public auction under the direction of the President as hereinafter provided, and the proceeds thereof disposed of as provided in the last preceding section. The coal or asphalt covered by each lease shall be separately sold. The purchaser shall take such coal or asphalt deposits subject to the existing lease, and shall by the purchase succeed to all the rights of the two tribes of every kind and character, under the lease, but all advanced royalties received by the tribe shall be retained by them. 58. Within six months after the final ratification of this agreement the Secretary of the Interior shall ascertain, so far as may be practicable, what lands are principally valuable because of their deposits of coal or asphalt, including therein all lands which at the time of the final ratification of this agreement shall be covered by then existing coal or asphalt leases, and within that time he shall, by a written order, segregate and reserve from allotment all of said lands. Such segre gation and reservation shall conform to the subdivisions of the Government survey as nearly as may be, and the total segregation and reservation shall not exceed 500,000 acres. No lands so reserved shall be allotted to any member or freedman, and the improvements of any member or freedman existing upon any of the lands so segregated and reserved at the time of their segregation and reservation shall be appraised under the direction of the Secretary of the Interior, and shall be paid for out of any common funds of the two tribes in the Treasury of the United States, upon the order of the Secretary of the Interior. All coal and asphalt deposits, as well as other minerals which may be found in any lands not so segregated and reserved, shall be deemed a part of the land and shall pass to the allottee or other person who may lawfully acquire title to such lands. 59. All lands segregated and reserved under the last preceding section, excepting those embraced within the limits of a town site, established as hereinbefore provided, shall, within three years from the final ratification of this agreement and before the dissolution of the tribal governments, be sold at public auction for cash, under the direction of the President, by a commission composed of three persons, which shall be appointed by the President, one on the recommendation of the principal chief of the Choctaw Nation, who shall be a Choctaw by blood, and one on the recommendation of the governor of the Chickasaw Nation, who shall be a Chickasaw by blood. Either of said commissioners may, at any time, be removed by the President for good cause shown. Each of said commissioners shall be paid at the rate of $4,000 per annum, the Choctaw commissioner to be paid by the Choctaw Nation, the Chickasaw commissioner to be paid by the Chickasaw Nation, and the third commissioner to be paid by the United States. In the sale of coal and asphalt lands and coal and asphalt deposits hereunder, the commission shall have the right to reject any or all bids which it considers below the value of any such lands or deposits. The proceeds arising from the sale of coal and asphalt lands and coal and asphalt deposits shall be deposited in the Treasury of the United States to the credit of said tribes and paid out per capita to the members of said tribes (freedmen excepted) with the other moneys belonging to said tribes in the manner provided by law. The lands embraced within any coal or asphalt lease shall be separately sold, subject to such lease, and the purchaser shall succeed to all rights of the two tribes of every kind and character, under the lease, but all advanced royalties received by the tribes shall be retained by them. The lands so segregated and reserved, and not included within any existing coal or asphalt lease, shall be sold in tracts not exceeding in area a section under the Government survey. 60. Upon the recommendation of the chief executive of each of the two tribes, and where in the judgment of the President it is advantageous to the tribes so to do, the sale of any coal or asphalt lands which are herein directed to be sold may be made at any time after the expiration of six months from the final ratification of this agreement, without awaiting the expiration of the period of two years, as hereinbefore provided. 61. No lease of any coal or asphalt lands shall be made after the final ratification of this agreement, the provisions of the Atoka agreement to the contrary notwithstanding. 62. Where any lands so as aforesaid segregated and reserved on account of their coal or asphalt deposits are in this agreement specifically reserved from allotment for any other reason, the sale to be made hereunder shall be only of the coal and asphalt deposits contained therein, and in all other respects the other specified reservation of such lands herein provided for shall be fully respected. 63. The chief executives of the two tribes shall execute and deliver, with the approval of the Secretary of the Interior, to each purchaser of any coal or asphalt lands so sold, and to each purchaser of any coal or asphalt deposits so sold, an appropriate patent or instrument of conveyance, conveying to the purchaser the property sold. 32 STAT. 716, p. 726, sec. 72, JULY 1, 1902. LEASING CHEROKEE NATION. AN ACT To provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, etc. Be it enacted, etc., * * * SEC. 72. Cherokee citizens may rent their allotments when selected for a term not to exceed one year for grazing purposes only, and for a period not to exceed five years for agricultural purposes, but without any stipulation or obligation to renew the same; but leases for a period longer than one year for grazing purposes and for a period longer than five years for agricultural purposes and for mineral purposes may also be made with the approval of the Secretary of the Interior and not otherwise. Any agreement or lease of any kind or character violative of this section shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity. 1. POWER OF SECRETARY AS TO OIL AND GAS LEASES. 5. LEASE TO EXPLORE AS A LICENSE. 6. SUBLETTING OR TRANSFER OF LEASE PROHIBITED. 7. LEASE BY MINOR-VALIDITY APPROVAL BY SECRETARYEFFECT. 8. FRAUDULENT CONTRACT RELATING TO LEASE NOT ENforced. 1. POWER OF SECRETARY AS TO OIL AND GAS LEASES. Under this statute the power of the Secretary of the Interior relating to Indian leases for oil and gas is not limited to the mere approval or disapproval of the lease, but he is authorized to make any such lease subject to any existing departmental regulation, and such regulation is binding alike on the lessor and lessee. Dixon v. Owen (Okla.), 132 Pac. 351, p. 353. |