INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-FIFTH CONGRESS, THIRD SESSION, 1938
Chap. 33  | Chap. 42 | Chap. 63 | Chap. 120 | Chap. 141 | Chap. 144 | Chap. 145 | Chap. 187 | Chap. 198 | Chap. 259 | Chap. 304 | Chap. 310 | Chap. 328 | Chap. 330 | Chap. 386 | Chap. 390 | Chap. 435 | Chap. 436 | Chap. 464 | Chap. 466 | Chap. 524 | Chap. 525 | Chap. 554 | Chap. 645 | Chap. 648 | Chap. 681 | Chap. 686 | Chap. 687 | Chap. 710 | Chap. 776 | Chap. 777 | Chap. 779 | Chap. 814

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Chapter 645
June 24, 1938.  | [S. 4036.] 52 Stat., 1034.

An Act Relating to the tribal and individual affairs of the Osage Indians of Oklahoma
Section 2 | 3

Margin Notes
Chap. 645 Osage Indians of Oklahoma. Quarterly payments to adult members without competency certificate.
Chap. 645 To legal guardians.
Chap. 645 Provisos. If Indian's surplus funds exceed $10,000.
Chap. 645 If less than $10,000.
Chap. 645 Payment of taxes, etc.
Chap. 645 Payment of additional funds upon application, etc., of restricted Indians.
Chap. 645 Rentals.
Chap. 645 Funds of minor members, payments therefrom to custodians, etc.
Chap. 645 Direct payments on attaining age of 18 years.
Sec. 2 Appropriation authorized for travel expenses of Tribal Council.
Sec. 3 45 Stat., 1478; ante, 87.
Sec. 3 Oil, etc., lands reserved to tribe until April 8, 1983.
34 Stat., 539, vol. 3, 252.
Sec. 3 Disbursement of royalties, etc., to tribe members.
Sec. 3 Continuation of trusts, etc., on certain properties.
Sec. 3 Offering of certain unleased lands for oil, gas, etc., leases.
Sec. 3 Provisos. Minimum yearly offering. Conservation provisions in leases.
Sec. 3 Valid existing leases.
Sec. 3 Hometeads of Indians without competency certificates, tax exemption.
Sec. 3 Proviso. Limitation on area.

Page 606

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the Secretary of the Interior shall cause to be paid to each adult member of the Osage Tribe of Indians not having a certificate of competency his or her pro rata share, either as a member of the tribe or heir or devisee of a deceased member, of the interest on trust funds, the bonus received from the sale of oil or gas leases, and the royalties therefrom received during each fiscal quarter, not to exceed $1,000 per quarter;

Page 607

and if such adult member has a legal guardian, his current income not to exceed $1,000 per quarter may be paid to such legal guardian in the discretion of the Secretary of the Interior: Provided, That when an adult restricted Indian has surplus funds in excess of $10,000 there shall be paid such Indian sufficient funds from his accumulated surplus in addition to his current income to aggregate $1,000 quarterly; but in the event of any adult restricted Indian has surplus funds of less than $10,000, such 1ndian shall receive quarterly only his current income not to exceed $1,000 per quarter: Provided further, That the Secretary of the Interior is hereby authorized to and may in his discretion pay out of any money heretofore accrued or hereafter accruing to the credit of any person of Osage Indian blood who does not have a certificate of competency or who is one-half or more Osage Indian blood, all of said person's taxes of every kind and character, for which such person is now or hereafter may be liable, before paying to or for such person any funds as required by law: And provided further, That upon application and consent of any restricted Osage Indian the Secretary of the Interior may cause payment to be made of additional funds from the accumulated surplus to the credit of any Osage Indian under such rules and regulations as he may prescribe. Rentals due such adult members from their lands and their minor children's lands and all income from such adults' investments, including interest on deposits to their credit, shall be paid to them in addition to the current allowances above provided.

Whenever minor members of the Osage Tribe of Indians have funds or property subject to the control or supervision of the Secretary of the Interior, the said Secretary may in his discretion pay or cause to be paid to the parents, legal guardian, or any person, school, or institution having actual custody of such minors, such amounts out of the income or funds of the said minors as he deems necessary, and when such a minor is eighteen years of age or over, the Secretary of the Interior may in his discretion cause disbursement of funds for support and maintenance or other specific purposes to be made direct to such minor.

SEC. 2.

There is authorized to be appropriated from funds on deposit to the credit of the Osage Tribe of Indians not to exceed $10,000 annually to pay per diems to, and traveling expenses of, the members of the Osage Tribal Council in making necessary trips to the city of Washington and other places in connection with Osage tribal affairs. Expenditures from appropriations made pursuant to this authorization shall be in accordance with rules and regulations to be prescribed by the Secretary of the Interior.

SEC. 3.

That section 1 of the Act of Congress of March 2, 1929 (45 Stat. L. 1478), relating to the Osage Indians of Oklahoma, be, and the same is hereby, amended to read as follows:

"That all that part of the Act of June 28, 1906 (34 Stat. L. 539), entitled 'An Act for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes', which reserves to the Osage Tribe the oil, gas, coal, or other minerals, covered by the lands for the selection and division of which provision is made in that Act is hereby amended so that the oil, gas, coal, or other minerals, covered by said lands are reserved to the Osage Tribe, until the 8th day of April, 1983, unless otherwise provided by Act of Congress, and all royalties and bonuses arising therefrom shall belong to the Osage Tribe of Indians, and shall be disbursed to members of the Osage Tribe or their heirs or assigns as now provided by law, after reserving such amounts as are now or may hereafter be authorized by Congress for specific purposes.

Page 608

"The lands, moneys, and other properties now or hereafter held in trust or under the supervision of the United States for the Osage Tribe of Indians, the members thereof, or their heirs and assigns, shall continue subject to such trusts and supervision until January 1, 1984, unless otherwise provided by Act of Congress.

"The Secretary of the Interior and the Osage Tribal Council are hereby authorized and directed to offer for lease for oil, gas, and other mining purposes any unleased portion of said land in such quantities and at such times as may be deemed for the best interest of the Osage Tribe of Indians: Provided, That not less than twenty-five thousand acres shall be offered for lease for oil- and gas- mining purposes during any one year: Provided further, That as to all lands hereafter leased, the regulations governing same and the leases issued thereon shall contain appropriate provisions for the conservation of the natural gas for its economic use, to the end that the highest percentage of ultimate recovery of both oil and gas may be secured: Provided, however; That nothing herein contained shall be construed as affecting any valid existing lease for oil or gas or other minerals, but all such leases shall continue as long as gas, oil, or other minerals are found in paying quantities.

"Homestead allotments of Osage Indians not having a certificate of competency shall remain exempt from taxation while the title remains in the original allottee of one-half or more of Osage Indian blood and in his unallotted heirs or devisees of one-half or more of Osage Indian blood until January 1, 1984: Provided, That the tax-exempt land of any such Indian allottee, heir, or devisee shall not at any time exceed one hundred and sixty acres."

Approved, June 24, 1938.


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