CROW TRIBAL LEGISLATURE

CROW TRIBAL LEGISLATURE

AUGUST 15, 2005 SPECIAL SESSION

JOINT ACTION RESOLUTION NO. __ JAR05-08

INTRODUCED BY CARL E. :VENNE, CHAIRMAN

CROW TRIBAL EXECUTIVE BRANCH

JOINT ACTION RESOLUTION OF THE CROW TRIBAL LEGISLATURE AND

THE CROW TRIBAL EXECUTIVE BRANCH ENTITLED:

“FINAL APPROVAL OF THE ADDENDUM TO OIL AND GAS LEASE BETWEEN

THE CROW TRIBE OF INDIANS AND GOLDEN ARROW EXPLORATION, LLC.”

WHEREAS, the Chairman of the Executive Branch has authority and responsibility

pursuant to the “enumerated powers” in Article IV, Section 3(f) of the Constitution and Bylaws

of the Crow Tribe of Indians to “negotiate and approve or prevent any sale, disposition, lease or

encumbrance of Tribal lands, interests in lands or other Tribal assets, including buffalo,

minerals, gas and oil with final approval granted by the Legislative Branch,” and in Article IV

Section 3(k) to “negotiate and approve limited waivers of sovereign immunity when such a

waiver is necessary for business purposes in accordance with Article V, Section 2(f) of [the]

Constitution;” and

WHEREAS, the Legislative Branch has authority and responsibility pursuant to its

“powers and duties” in Article V, Section 2(d) of the Constitution “to grant final approval or

disapproval of items negotiated by the Executive Branch of Government pertinent to the sale,

disposition, lease or encumbrance of Tribal lands, interests in lands or mineral assets,” and in

Article V, Section 2(f) to “grant final approval or disapproval of limited waivers of sovereign

immunity by the Executive Branch when waivers are necessary for business purposes;” and

WHEREAS, the Chairman of the Executive Branch, with the delegated assistance of

the Oil and Gas Committee headed by the Secretary of the Executive Branch, has negotiated an

Oil and Gas Lease Between the Crow Tribe of Indians and Golden Arrow Exploration, LLC,

(the “Lease”), for the exploration and production of oil and gas on approximately 7,680 acres

within the Crow Reservation; and

WHEREAS, the Crow Tribal Legislature granted final approval of the Lease during its

April 2005 Session pursuant to Joint Action Resolution No. JARO5-04, the Chairman of the

Executive Branch and Golden Arrow executed the Lease on behalf of the Tribe on May 16,

2005, and the Lease is pending approval by the Bureau of Indian Affairs; and

WHEREAS, after further evaluation following the execution of the Lease, Golden

Arrow has identified an additional 720 acres of contiguous and nearby lands within the

Reservation that it wishes to explore,and the Oil and Gas Committee on behalf of the Executive

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendum

Page 1 of 3

Branch:has agreed that it is m-the Tribe’s-best interests to-inchide such additional Jands to be

drilled and developed together with the lands already included within the Lease; and

oe WHEREAS, the Oil and Gas Committee ‘and Golden Arrow have prepared and agreed

upon an “Addendum” to the Lease which is attached hereto and incorporated herein, to include

such additional lands within the Lease, subject to.all the same. terms and conditions in the

existing Lease approved by the Legislature; and

z WHEREAS, after approval by the Legislature and Executive Branch of the Crow Tribe,

‘the Addendum is subject to approval by the Secretary of the Interior or her designee, pursuant to

the Indian Mineral Development Act of 1982 (25 U.S.C: § 2101, et seq.) and other applicable

Federal law;

Now THEREFORE, BE IT RESOLVED BY THE LEGISLATURE AND THE

EXECUTIVE BRANCH OF THE CROW TRIBE: ;

~~ Section 1. That the “Addendum to Oil and Gas Lease Between the Crow Tribe of

Indians and Golden Arrow Exploration, LLC,” attached hereto and incorporated by this

reference, and subject to the same limited waiver of sovereign immunity as contained in the

original Lease terms, is hereby granted final approval pursuant to Article V, Sections 2(d)

and 2(f) of the Constitution and Bylaws of the Crow Tribe.

Section 2. That the Chairman of the Executive Branch is authorized to sign and

execute the above-referenced Addendum on behalf of the Crow Tribe.

Section 3. That the final approval granted herein is effective on the date of approval

of this Resolution, and is subject only to such further approvals as.are required by Federal

Jaw.

CERTIFICATION

“Thereby certify that this Joint Action Resolution granting final approval of the

‘Addendum to the Oil and Gas Lease between the Crow Tribe and Golden Arrow Exploration,

LLC;-was duly approved by the Crow Tribal Legislature with a vote of | in favor, ©

opposed, and © _ abstained and that a quorum was present on this 1S day of

A we , 2005.

NaS 0n 2

Speaker of the House

Crow Tribal Legi:

ATTEST:

retary, Crow Tribal Legislature

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendum

EXECUTIVE ACTION

Thereby

approve,

veto

this Joint Action Resolution granting final approval of the Addendum to the Oil and Gas Lease

between the Crow Tribe and Golden Arrow Exploration, LLC, pursuant to the authority vested in

‘the Chairman of the Crow Tribe by Article 'V, Section 8 and Article IV, Sections 38 and 3(k) of

the Constitution and Bylaws of the Crow Tribe of Indians on this _LS: day of

AG. 2005.

wa

Ds :

hairman, Executive Branch

Crow Tribe of Indians

August 15, 2605 Special Session

JAR Golden Arrow Lease Addendum

Contract No.

Allotment No. :

~ ADDENDUM TO

OIL AND GAS LEASE

BETWEEN

THE CROW TRIBE OF INDIANS OF THE CROW INDIAN RESERVATION

AND

GOLDEN ARROW EXPLORATION, LLC

August 15,2005 Special Session

JAR Golden Arrow Lease Addendum

THE CROW TRIBE OF INDIANS

OF THE CROW INDIAN RESERVATION

Lease No.

Contract No.

ADDENDUM TO

OIL AND GAS LEASE

BETWEEN

THE CROW TRIBE OF INDIANS

AND

GOLDEN ARROW EXPLORATION, LLC

THIS ADDENDUM ‘TO OIL AND’ GAS. LEASE is made and entered into in

quintuplicate this day of , 2005, by and between the Crow Tribe

of Indians of the Crow Indian Reservation, a sovereign government and federally-recognized

Indian tribe, whose address is P.O. .159, Crow Agency, MT. 59022 (hereinafter referred to

collectively as‘“Lessor”), and Golden Arrow Exploration, LLC, whose address is 319 S Gillette

Ave, Suite 269, Gillette, WY: 82716 (hereinafier referred to.as “Lessee”).. This addendum to

lease is entered into pursuant to the Indian Mineral Development Act of 1982 (25 U.S.C. § 2101

et seq.), the Federal Oil and Gas Royalty Management Act of 1982 G0 U.S.C.-§ 1701 et seq.),

other applicable federal laws and regulations, including but not limited to 43 C.F.R. Part 3160,

Onshore Oil and Gas Operations: General, and 30-C.F:R. Part 200, Royalty Management, and

the laws of the Crow Indian Reservation, including all amendments to all of the above.

WHEREAS Lessor and Lessée executed an oil and gas lease on May 16", 2005, as authorized

by Resolution No. JAR05-04; and

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendum

WHEREAS the parties wish to include additional contiguous and nearby lands within and under

>» the terms of said-oil and gas lease to be drilled and developed together with the lands already

inchided. within said lease;

NOW. THEREFORE ‘the parties agree that the following described lands shall be included

within and under the’ terms of said lease and Section 2.1 of said lease is hereby amended to

inchide these following described lands situate in Big Horn County, Montana:

- Tewnship 3-South, Range 34 East, MPM.

Section 24: £/2

Section 32:. NE/4

. Section 29: SW/4

Section 30: - N/2NE/4

containing 720 acres more or less (to be included within the term.

“Leased Premises” as used in said lease).

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands.

THE CROW TRIBE OF INDIANS OF THE

CROW. INDIAN RESERVATION

(Pursuant to Resolution NoJAR GS —o a)

Cat

Carl E. Venne, Chairman

GOLDEN ARROW EXPLORATION, LLC

hit Liabon’

Leslie R. R. Zabrowak, , Managing Member M. Greg Carlson, Managing Member

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendam

STATE OF MONTANA y

2iss.

County of Big: Horn a )

The foregoing ADDENDUM TO OIL. AND GAS LEASE was acknowledged before

methis 15°" day of yy ow wt > 2005, by Carl E. Venne, as Chairman of The Crow

Tribe of Indians.

: ~ . - . Neva Srv Aun ATO Min \

Print or type name

Notary Public for the State of Montana

Residing at: odo BLO eeN

My Commission expires: All 3009

STATE. OF )

88.

‘County of }

The foregoing ADDENDUM TO OIL AND GAS LEASE was acknowledged before

me this. day of » 2005, by LESLIE R. ZAHROWSKI and M.

GREG. CARLSON, ‘Managing. Members, ‘as. and on. behalf of the GOLDEN ARROW

EXPLORATION, LLC, a Wyoming limited liability company:

Print or type name

(Seal) Notary Public for the State of.

Residing at:

My Commission expires:

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendam

THE FOREGOING ‘ADDENDUM TO OIL AND GAS. LEASE BETWEEN. THE CROW

TRIBE.OF INDIANS: AND-GOLDEN ARROW EXPLORATION, LLC: APPROVED AND

AGREED TO:

DATE:

Keith Beartusk

Bureau of Indian Affairs

Pursuant to the provisions of

Pub. 'L. No. 97-382, 96 Stat. 1938,

25 U.S.C. 2102

August 15, 2005 Special Session

JAR Golden Arrow Lease Addendum

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CROW NATION

EXECUTIVE BRANCH

BACHEEITCHE AVENUE

P.O. Box 159

Crow Agency, Montana 59022

Phone: (406) 638-3734

Fax: {406) 638-3881 Carl EV:

Cedric Black Vice Chairman

Andrew Old Et, Secretary

August 8, 2005

Mr. Willie Plain Feather, Speaker of the House

The Crow Legislative Branch

P.O. Box 399

Crow Agency, Montana 59022

Mr. Plain Feather;

The Office of the Chairman and the Oil and Gas Committee are requesting a Special Session of

the Crow Legislature to consider an “Addendum” for the Golden Arrow Oil Lease that was

approved during the April 2005 Legislative session. Rule 3 of the Rules and Order for the Crow

‘Tribal Legislative Branch authorizes the Speaker of the House to call a “Special Session” when

agenda items are deemed to be of critical importance and requiring expeditious consideration.

The Oil: and Gas Committee has met with Carlson ‘Duke’ Goes Ahead and the Natural Resource

Subcommittée to inform them of this request as well as the purpose for the Addendum. Mr. Goes

Ahead has recommended Monday, August 15, 2005 at:10:00 a.m.

The Crow Tribe and Golden Arrow executed the lease on May 16, 2005, as authorized by

resohition No: JARO5-04 and the parties wish to. include additional contiguous and nearby lands

‘within and under the terms of this oil and gas lease to be drilled and developed together with the

lands already included within the existing lease. Furthermore, new inforniation has become

available through the acquisition of satellite imagery.

If you require any further information please do not hesitate to contact Oil and Gas Committee at

638-3863

. fA

Respectfully,

Bi Loone

Carl E-Veane, Chairman

Executive Branch

Cc: -: Bill Watt, Legal Department

Natural Resource Subcommittee

Economic Development Subcommittee