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H.R. 11894 (95th): A bill to amend certain laws relating to the Osage Tribe of Oklahoma and for other purposes.


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


8/9/1978--Reported to House amended. (Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 95-1459) Provides for the quadrennial election of officers and a tribal council of the Osage Indian Tribe of Oklahoma. Outlines the procedure for the election, filling of vacancies, and removal of these officials. Amends the Act reserving certain mineral rights to the Osage Tribe of Oklahoma to make those rights perpetual. Amends the Act of Oklahoma placing certain property of the Osage Tribe in the trusteeship of the United States, to continue such trusteeship indefinitely. Repeals the Act requiring the Secretary of the Interior to issue a certificate of competency to members of the Osage Tribe of Oklahoma of less than one-half Indian blood. Requires the Secretary to revoke, upon application, certificates of competency issued to members of the Osage Tribe under certain provisions of law. Removes certain distinctions between full-blooded Osage Indians and half- blooded members of that tribe. Authorizes the Secretary of the Interior to establish rules and regulations pertaining to leases on oil and gas within the Osage Indian Tribe's mineral estate so that oil and gas leases producing from a common source of supply may be unitized. Amends certain provisions of law relating to the Osage Indian Tribe of Oklahoma to permit any adult member of that tribe to dispose of his estate by will executed in accordance with Oklahoma law. States that the Secretary of the Interior must conduct a hearing on the validity of such a will after the death of the testator. Provides for the procedure to be followed in the hearing process. Specifies that only Federal courts shall have jurisdiction to hear a contest of a probate of a will approved by the Secretary after a hearing. Places the property of deceased and incompetent Osage Indians under the jurisdiction of the District Court of Oklahoma. States that only heirs of Indian blood, adopted children, and parents (regardless of blood) may inherit from Osage Indians any right, title, or interest to (1) restricted land, (2) money, or (3) a mineral interest. States that a competent, adult member of the Osage Tribe may establish a revocable intervivos trust provided that such a trust provides for certain expenses and for a family allowance. Provides that property placed in trust shall be subject to existing restrictions against alienation applying to lands and property of Osage Tribe members. Prohibits persons of Osage blood from receiving more than a life estate in an Osage mineral estate owned by an Osage Indian. Prohibits a person not of Indian blood from selling a right to share in the Osage mineral estate without the approval of the Secretary. Provides that the Department of the Interior may determine the heirs or legatees of any deceased owner of mineral rights, unrestricted real estate, or funds on deposit of the Osage Tribe or Oklahoma. Prohibits such administrative determination if (1) the aggregate interests exceed $10,000, or (2) a court of competent jurisdiction has undertaken the probate of the deceased's estate.