# CROW TRIBAL LEGISLATURE > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A4370189b9281d126 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 feu Flaked A aelond eerie ‘ adr | hae | fare FRO0 F340 nea he oe Fadia USatinian’ Pm | Bests sete cote iB meee + eae? wou | rns. : Tos. =o Lev iracle tle, tebe heat Bere Aes Vin. Dikece, % |? ap: aaaetle cast ME i i drigen af hei t- JAROS- 64 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A4370189b9281d126. Public record. Not legal advice.