INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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PUBLIC ACTS OF THE SIXTY-SIXTH CONGRESS, THIRD SESSION 1920-21.
Chap. 11 | Chap. 36 | Chap. 63 | Chap. 64 | Chap. 66 | Chap. 89 | Chap. 91 | Chap. 111 | Chap. 119 | Chap. 120 | Chap. 124 | Chap. 135 | Chap. 155 | Chap. 161 | Chap. 174

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Chapter 120
March 3, 1921 | [S. 4039.] 41 Stat., 1249

An Act To amend section 3 of the Act of Congress of June 28, 1906, entitled “An Act for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes.”
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 120 Osage Indians, Okla. Oil, etc., lands reserved to, for further 25 years.
34 Stat., 539, vol. 3, 252
Chap. 120 Proviso. Existing oil and gas leases extended.
Chap. 120 Unleased land to be offered for oil and gas leases.
Sec. 2 Surface owners to be paid for damages from mining operations.
Sec. 3 Appeal to court.
Sec. 3 Members of tribe declared to be citizens. Tribal rights not affected.
Sec. 3 Removal of alienation restrictions.
Sec. 4 Original homestead allotments not taxable prior to April 8, 1931.
Sec. 4 Quarterly payment to competent adults members, from income.
Sec. 4 Payment of $1,000 if without competency certificate. To legal guardians of incompetents.
Sec. 4 Parents, etc., of minors, $500 quarterly.
Sec. 4 Investment of remainder for individual members, after paying taxes, etc.
Sec. 4 Provisos. Amount reserved for authorized annual expenditures.
Sec. 5 Payment of outstanding obligations of incompetents.
Sec. 5 State tax authorized on oil or gas produced.
Sec. 5 Payment from royalties received.
Sec. 5 Provisos. Payment to Osage County for roads and bridges, from royalties.
Sec. 5 Report on use of fund.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the Act of June 28, 1906 (Thirty-fourth Statutes at Large, page 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 for the period ending April 7, 1946: Provided, That all valid existing oil and gas leases on the 7th day of April, 1931, are hereby renewed upon the same terms

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and extended, subject to all other conditions and provisions thereof, until the 8th day of April, 1946, and as long thereafter as oil or gas is found in paying quantities, and the Secretary of the Interior and the Osage Council are hereby authorized and directed to offer for lease for oil and gas purposes all of the remaining portion of the unleased Osage land prior to April 8, 1931, offering the same annually at the rate of not less than one-tenth of the unleased area.1

SEC. 2.

That the bona fide owner or lessee of the surface of the land shall be compensated, under rules and regulations prescribed by the Secretary of the Interior in connection with oil and gas-mining operations, for any damage that shall accrue after the passage of this Act as a result of the use of such land for oil and gas-mining purposes or out of damages to the land or crops thereon occasioned thereby, but nothing herein contained shall be construed to deny to the surface owner or lessee the right to appeal to the courts without the consent of the Secretary of the Interior, in the event he is dissatisfied with the amount of damages awarded him.

SEC. 3.

That all members of the Osage Tribe of Indians are hereby declared to be citizens of the United States, but this shall not affect their interest in tribal property or the control of the United States over such property as is now or may hereafter be provided by law, and all restrictions against alienation of their allotment selections, both surplus and homestead, of all adult Osage Indians of less than one-half Indian blood, are hereby removed, and the Secretary of the Interior shall, within four months after the passage of this Act, determine what members of said tribe are of less than one-half Indian blood, and their ages, and his determination thereof shall be final and conclusive. The homestead allotments of the members of the Osage Tribe shall not be subject to taxation if held by the original allottee prior to April 8, 1931.2

SEC. 4.

That from and after the passage of this Act the Secretary of the Interior shall cause to be paid at the end of each fiscal quarter to each adult member of the Osage Tribe having a certificate of competency his or her pro rata share, either as a member of the tribe or heir of a deceased member, of the interest on trust funds, the bonus received from the sale of leases, and the royalties received during the previous fiscal quarter, and so long as the income is sufficient to pay to the adult members of said tribe not having a certificate of competency $1,000 quarterly except where incompetent adult members have legal guardians, in which case the income of such incompetents shall be paid to their legal guardians, and to pay for maintenance and education to the parents or natural guardians or legal guardians actually having minor members under twenty-one years of age personally in charge $500 quarterly out of the income of said minors all of said quarterly payments to legal guardians and adults, not having certificates of competency to be paid under the supervision of the Superintendent of the Osage Agency, and to invest the remainder after paying all the taxes of such members either in United States bonds or in Oklahoma State, county, or school bonds, or place the same on time deposits at interest in banks in the State of Oklahoma for the benefit of each individual member under such rules and regulations as the Secretary of the Interior may prescribe:3 Provided, That at the beginning of each fiscal year there shall first be reserved and set aside out of the Osage tribal funds available for that purpose a sufficient amount of money for the expenditures authorized by Congress out of the Osage funds for that fiscal year: Provided further, That all just existing individual obligations of adults not having certificates of competency outstanding upon the passage of this Act,


1 275 U. S., 232; 249 Pac., 727.


2 254 U. S., 570; 193 Fed., 485; 51 L. O. D., 96, 420.


3 250 U. S. 57; 241 U. S., 434; 161 U. S., 223;
285 Fed., 889; 6 Fed., (2) 801; 14 Fed., (2) 430;
3 Comp. Genl. 700; 5 Comp. Genl., 602, 675; 6 Comp. Genl., 674.

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when approved by the Superintendent of the Osage Agency, shall be paid out of the money of such individual as the same may be placed to his credit in addition to the quarterly allowance provided for herein.1

SEC. 5.

That the State of Oklahoma is authorized from and after the passage of this Act to levy and collect a gross production tax upon all oil and gas produced in Osage County, Oklahoma, and all taxes so collected shall be paid and distributed, and in lieu of all other State and county taxes levied upon the production of oil and gas as provided by the laws of Oklahoma, the Secretary of the Interior is hereby authorized and directed to pay, through the proper officers of the Osage Agency, to the State of Oklahoma, from the amount received by the Osage Tribe of Indians as royalties from production of oil and gas, the per centum levied as gross production tax, to be distributed as provided by the laws of Oklahoma: Provided, That the Secretary of the Interior is hereby authorized and directed to pay, through the proper officers of the Osage Agency, to Osage County, Oklahoma, an additional sum equal to 1 per centum of the amount received by the Osage Tribe of Indians as royalties from production of oil and gas, which sum shall be used by said county only for the construction and maintenance of roads and bridges therein: Provided further, That the proper officials of Osage County shall make an annual report to the Secretary of the Interior showing that said fund has been used for road and bridge construction and maintenance only.2

Approved, March 3, 1921.


1 251 U. S., 128; 246 U. S., 530; 266 U. S., 161, 507;
50 App. D. C., 219; 52 App. D. C., 155; 53 App. D. C., 328.


2 33 Op. Atty. Genl., 60; 251 U. S., 128; 275 U. S., 232.


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