OCR Text |
Show 546 INDIAN TERRITORY, REGULATIONS. as gold, silver, iron, and the like, as fallows, sampling charges to be first deducted: On all net smelter retnrns of ore of $50 per ton and und~ra, 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 $500 per ton, a royalty of 20 per cent; and on all net sm?lter retnrns of ore over $300 per ton, a royalty of 25 per cent. Provided, That all lessees shall be required to pay advanced royalties, as pro-vided 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 pro-duction is in excess of snch guaranteed annual advanced payments," aa 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 ne~lecot r refuse to ay such advanced royalty for the period of sixty days after the same becomes jue and payable on any lease, the lease on which default is made shall become null . and void, andallroyaltiespaid in advanceshall be forfeitedand 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 materid removed, to be meab nred 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 estattlished 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 qnarries shall he required to pay a royalty on granite of not less than locents per cubic yard for all stone quarried. measured by run of quarry, and on all scone otber than grmite the royalty shall be proportionate to the comparative value of snch 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 commraoement of operations, to pay to the individual owner the value of the use of the neoessarysurface for prospecting and mining, including the right of way for necessary railways and the damagedoneto the lands and improvements: and in case of disapeement. for the purpose of the ascertainment of the fair value of the use of the land and the actualdamagedone, the owner of the land and the lessee shall each select an arbitrator, who, together with suoh 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 hoard 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 lor use in the erection of buildings thereon, and in the mine or mines operated by him thereon, as for shoring levela in coal mines, and so forth, shall be paid far by the lessee at theusual rates. 8. The owners or holders of leases which have been assented to by sny act of Congress shall be required within six months from August 24, 1898, to enter into new leases with the said trnstees 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 mid agreement. 9. Persons,corporations, and companies who, under the customs andlaws 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 possesnion of and were operating in good faith any mine of coal,. asphalt. or other mmerals 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 rzght, at the expiration of satd tenu, 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 lease8 under said agreement. And all corporations which. under charters obtained in aocord-ance with the laws of the Chiokasaw Nation, had entered upon and improvsdand 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 contra versy between two or more of such corporations, the respective rights of each |