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other mineral leases upon the lands for which selection and division are herein provided, and all moneys received from the sale of town lots, together with the buildings thereon, and all moneys received from the sale of the three reservations of one hundred and sixty acres each heretofore reserved for dwelling purposes, and all moneys received from grazing lands, shall be placed in the treasury of the United States to the credit of the members of the Osage Tribe of Indians as other moneys of said tribe are to be deposited under the provisions of this act, and the same shall be distributed to the individual members of said Osage Tribe according to the roll provided for herein, in the manner and at the same time that payments are made of interest on other moneys held in trust for the Osages by the United States, except as herein provided.

§ 1059. Certain amount of royalties reserved for school purposes.-Third. There shall be set aside from the royalties received from oil and gas not to exceed fifty thousand dollars per annum for ten years from the first day of January, nineteen hundred and seven, for the support of the Osage Boarding School and for other schools on the Osage Indian Reservation conducted or to be established and conducted for the education of Osage children.

§ 1060. Royalties-Certain amount reserved for agency purposes.-Fourth. There shall be set aside and reserved. from the royalties received from oil, gas, coal or other mineral leases, and moneys received from the sale of town lots, and rents from grazing lands not to exceed thirty thousand dollars per annum for agency purposes and an emergency fund for the Osage Tribe, which shall be paid out from time to time, upon the requisition of the Osage tribal council, with the approval of the Secretary of the Interior.

§ 1061.

Termination of trust and division of oil and other minerals. [5]. That at the expiration of the period of twenty-five years from and after the first day of JanBLED.IND.(2v Ed.)—48

uary, nineteen hundred and seven, the lands, mineral interests, and moneys, herein provided for and held in trust by the United States shall be the absolute property of the individual members of the Osage Tribe, according to the roll herein provided for, or their heirs, as herein provided, and deeds to said lands shall be issued to said members, or to their heirs, as herein provided, and said moneys shall be distributed to said members, or to their heirs, as herein provided, and said members shall have full control of said lands, moneys, and mineral interests, except as hereinbefore provided.

§ 1062. Descent to be controlled by Oklahoma statute with certain exceptions.-[6]. That the lands, moneys, and mineral interests, herein provided for, of any deceased member of the Osage Tribe shall descend to his or her legal heirs, according to the laws of the territory of Oklahoma, or of the state in which said reservation may be hereinafter incorporated, except where the decedent leaves no issue, nor husband nor wife, in which case said lands, moneys, and mineral interests must go to the mother and father equally.

§ 1063. Leasing for farming purposes permitted subject to approval of Secretary of Interior.-[7]. That the lands. herein provided for are set aside for the sole use and benefit of the individual members of the tribe entitled thereto, or to their heirs, as herein provided; and said members, or their heirs, shall have the right to use and to lease said lands for farming, grazing, or any other purpose not otherwise specifically provided for herein, and said members shall have full control of the same, including the proceeds thereof: Provided, that parents of minor members of the tribe shall have the control and use of said minors' lands, together with the proceeds of the same, until said minors arrive at their majority: And provided further, that all leases given on said lands for the benefit of the individual members of the tribe entitled thereto, or for their heirs,

shall be subject only to the approval of the Secretary of the Interior.

§ 1064. Deeds to allotted lands to be executed by principal chief and approved by Secretary of the Interior.-[8]. That all deeds to said Osage lands or any part thereof shall be executed by the principal chief for the Osages, but no such deeds shall be valid until approved by the Secretary of the Interior.

§ 1065. Election of tribal officers.-[9]. That there shall be a biennial election of officers for the Osage Tribe as follows: A principal chief, an assistant principal chief, and eight members of the Osage tribal council, to succeed the officers elected in the year nineteen hundred and six, said officers to be elected at a general election to be held in the town of Pawhuska, Oklahoma Territory, on the first Monday in June; and the first election for said officers shall be held on the first Monday in June, nineteen hundred and eight, in the manner to be prescribed by the Commissioner of Indian Affairs, and said officers shall be elected for a period of two years, commencing on the first day of July following said election, and in case of a vacancy in the office of principal chief, by death, resignation, or otherwise, the assistant principal chief shall succeed to said office, and all vacancies in the Osage tribal council shall be filled in a manner to be prescribed by the Osage tribal council, and the Secretary of the Interior is hereby authorized to remove from the council any member or members thereof for good cause, to be by him determined.

§ 1066. Highways along section lines without compensation.-[10]. That public highways or roads, two rods in width, being one rod on each side of all section lines, in the Osage Indian Reservation, may be established without any compensation therefor.

§ 1067. Lands for railroad purposes.-[11]. That all lands taken or condemned by any railroad company in the

Osage Reservation, in pursuance of any act of Congress or regulation of the Department of the Interior, for rights of way, station grounds, side tracks, stock pens and cattle yards, water stations, terminal facilities, and any other railroad purpose, shall be, and are hereby, reserved from selection and allotment and confirmed in such railroad companies for their use and benefit in the construction, operation, and maintenance of their railroads:

§ 1068. Railway companies not to acquire any right to oils, gas, or other minerals under right of way. Provided, that such railroad companies shall not take or acquire hereby any right or title to any oil, gas, or other mineral in any of said lands.

§ 1069. Secretary of Interior to carry out provisions of allotment act.-[12]. That all things necessary to carry into effect the provisions of this act not otherwise herein specifically provided for shall be done under the authority and direction of the Secretary of the Interior.

§ 1070. Act of March 3, 1909, authorizing Secretary to sell surplus lands of the Kansas or Kaw and Osage allottees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Secretary of the Interior be, and he hereby is, authorized and empowered, upon application, to sell, under such rules and regulations as he may prescribe, part or all of the surplus lands of any member of the Kaw or Kansas and the Osage Tribes of Indians in Oklahoma: Provided, that the sales of the Osage lands shall be subject to the reserved rights of the tribe in oil, gas, and other minerals.1

135 Stat. 778, c. 256.

CHAPTER 69a

THE ACT OF APRIL 18, 1912, SUPPLEMENTARY TO AND
AMENDATORY OF THE OSAGE ALLOTMENT
ACT OF JUNE 28, 1906.

(CHAPTER 83, 37 STAT. 86)

§ 1070a. Secretary authorized to pay taxes.

1070b.

Exchange of surplus allotments permitted.

1070c. Property of orphan minors, insane and other incompetent allottees made subject to jurisdiction of county courts.

1070d. Tribal rights in minerals not affected.

1070e.

Distribution of tribal funds authorized.

1070f. Partition and sale of inherited lands authorized.

1070g.. Involuntary alienation prohibited.

1070h. Adult members authorized to dispose of real estate by will with Secretary's approval.

10701. Word "competent" defined.

1070j. Osage allotment act amended.

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§ 1070a. Secretary authorized to pay taxes.-(1). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That until the inherited lands of the deceased members of the Osage Tribe of Indians shall be partitioned or sold the Secretary of the Interior be, and he hereby is, authorized to pay the taxes on said land out of any money due and payable to the heirs from the segregated decedent's funds in the Treasury of the United States.

§ 1070b. Exchange of surplus allotments permitted.— (2). That the Secretary of the Interior be, and he hereby is, authorized, where the same would be to the best interests of Osage allottees, and the same is submitted to the Osage council for recommendation and approved by it, to permit the exchange of surplus allotments, or any portions thereof, of Osage allottees under such rules and regulations as he may prescribe and upon such terms as he shall approve. The Secretary shall have authority to do any and all things necessary to make these exchanges effective.

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