An Act to amend certain laws relating to the Osage Tribe of Oklahoma, and for other purposes.
PL 95-496 (S.1081), enacted 10/21/1978

92 STAT. 1660 
PUBLIC LAW 95-496—OCT. 21, 1978 
Public Law 95-496 
95th Congress 
Oct. 21, 1978 
[S. 1081] 
Indians. 
Osage Tribe, 
Okla. 
Tribal 
government, 
elections and 
appointments. 
Repeal. 
25 u s e 331 note. 
Competency 
certificate 
revocation, 
application. 
25 u s e 331 note. 
An Act 
To amend certain laws relating to the Osage Tribe of Oklahoma, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That section 9 of 
the Act of June 28, 1906 (34 Stat. 539, 545), as amended, is further 
amended to read as follows: "There shall be a quadrennial election of 
the officers of the Osage Tribe as follows: A principal chief, an assist-
ant principal chief, and eight members of the Osage Tribal Council 
shall be elected to succeed the officers elected in the year 1974 at a gen-
eral election to be held in the town of Pawhuska, Oklahoma, on the 
first Monday in June 1978 and on the first Monday in June of each 
fourth year thereafter, in a manner to be prescribed by the Secretary 
of the Interior, and said officers shall be elected for a period of four 
years commencing on the first day of July following the election. In 
case of a vacancy in the office of principal chief or other officer by 
death, resignation, or otherwise, the vacancy shall be filled in a manner 
to be prescribed by the Osage Tribal Council. In the event of a common 
disaster and a quorum of five of the Osage Tribal Council does not 
survive, the Secretary shall appoint a principal chief and/or the num-
ber of councilmen necessary to complete a total of eight, to serve until 
the next quadrennial election. The Secretary is hereby authorized to 
remove from the council any member or members for good cause, to be 
by him determined, after the party involved has had due notice and 
opportunity to appear and defend himself. The tribal government so 
constituted shall continue in full force and effect until January 1,1984, 
and thereafter until otherwise provided by Act of Congress.". 
SEC. 2. (a) The first paragraph of section 3 of the Act of June 24, 
1938 (52 Stat. 1034, 1035), as amended, extending the mineral estate 
reserved to the Osage Tribe by the Act of June 26,1906 (34 Stat. 539), 
is further amended by striking the phrase "until the eighth day of 
April 1983, and thereafter until otherwise provided by Act of Con-
gress" and substituting, in lieu thereof, the phrase "in perpetuity". 
(b) The second paragraph of section 3 of the Act of June 24, 1938 
(52 Stat. 1034, 1035), as amended, is amended by striking the phrase 
"unless otJierwise provided by Act of Congress" and inserting, in lieu 
thereof, the phrase "and thereafter until otherwise provided by 
Congress". 
(c) The fourth paragraph of section 3 of the Act of June 24, 1938 
(52 Stat. 1034, 1036) is amended by striking the phrase "January 1, 
1984" and inserting, in lieu thereof, the phrase "January 1, 1984 and 
thereafter until otherwise provided bv Congress". 
SEC. 3. (a) The Act of February 5, 1948 (62 Stat. 18) is hereby 
repealed. 
(b) Any Osage Indian having received a certificate of competency 
under paragraph 7 of section 2 of the Act of June 28, 1906 (34 Stat. 
539, 542) ; section 3 of the Act of March 2,1929 (45 Stat. 1478,1480); 
or the Act of February 5,1948 (62 Stat. 18), may make application to 
the Secretary of the Interior to revoke such certificate and the Secre-
tary shall revoke such certificate: Provided^ That revocation of any 
PUBLIC LAW 95-496—OCT. 21, 1978 
92 STAT. 1661 
certificate shall not affect the legality of any transactions heretofore 
made by reason of the issuance of any such certificate. Restrictions 
against alienation of lands heretofore removed are not reimposed. 
(c) Sections 3 and 4 of the Act of February 27, 1925 (43 Stat. 1008 
1010-11); and section 4 of the Act of March 2, 1929 (45 Stat. 1478, 
1480); and sections 1 and 3 of the Act of June 24,1938 (52 Stat. 1034) 
are hereby amended by striking, wherever they occur, the phrases "of 
one-half or more Indian blood", "of more than one-half Indian blood", 
"of one-half or more Ossige Indian blood", and "or who is one-half or 
more Osage Indian blood". 
SEC. 4. In order to conserve natural resources and provide for the 
greatest ultimate recovery of oil and gas underlying the Osage mineral 
estate, the Secretary of the Interior is authorized to establish rules and 
regulations under which oil and gas leases producing from a common 
source of supply may be unitized. 
SEC. 5. (a) Section 8 of the Act of April 18,1912 (37 Stat. 86, 88), 
is hereby amended to read as follows: "Any person of Osage Indian 
blood, eighteen years of age or older, may dispose of his Osage head-
right or mineral interest and the remainder of his estate (real, person, 
and mixed, including trust funds) from which restrictions against 
alienation have not been removed by will executed in accordance with 
the laws of the State of Oklahoma: Provided, That the will of any 
Osage Indian shall not be admitted to probate or liave any validity 
unless approved after the death of the testator by the Secretary of the 
Interior. The Secretary shall conduct a hearing as fo the validity of 
such will at the Osage Indian Agency in Pawhuska, Oklahoma. Notice 
of such hearing shall be given by publication at least ten days before 
the hearing in a newspaper of general circulation in Osage County, 
Oklahoma, and by mailing notice of such hearing to the last known 
address of all known heirs, legatees, and devisees. The cost of publi-
cation shall be borne by the estate. The rules of evidence of the State of 
Oklahoma shall govern the admissibility of evidence at such hearing. 
All evidence relative to the validity of the will of an Osage Indian shall 
be submitted to the Secretary within one hundred and twenty days 
after the date of the petition for approval of such will is filed with the 
Secretary, unless for good cause shown the Secretary extends the time: 
Provided, That such time shall not be extended beyond six months 
from the date of the first hearing. For purposes of determining the 
validity of any will, the Secretary is hereby granted the same subpena 
power as is vested in the courts. All costs of obtaining witnesses and 
evidence before the Secretary shall be borne by the party producing 
such witnesses or evidence, subject to such costs being taxed to the 
estate in the event that the District Court of the State of Oklahoma 
having jurisdiction should determine such costs beneficial to the whole 
estate. Notwithstanding any appeal from the decision of the Secretary, 
approval of such will by the Secretary shall entitle it to be admitted to 
probate without further evidence as to its validity or, upon disapproval 
thereof, the heirs may immediately petition for letters of administra-
tion in the district court. No appeal from the order of the Secretary 
approving or disapproving any will shall stay the issuance of letters 
testamentary or of administration: Provided, That such letters shall 
not confer power to sell any restricted assets by virtue of any provision 
in such will, pay or satisfy legacies, or distribute property of the 
decedent to the heirs or beneficiaries until the final determination of 
Oil and gas 
lease unitization, 
rules. 
25 u s e 331 note. 
Mineral interest 
and estate, 
disposition. 
Notice and 
hearing. 
Subpenas. 
Appeal. 
92 STAT. 1662 
PUBLIC LAW 95-496—OCT. 21, 1978 
Probate. 
Estate handling, 
investigation and 
prosecution. 
Limitations. 
Inheritance. 
25 u s e 331 note. 
25 u s e 331 note. 
Inter vivos 
trust. 
25 u s e 331 note. 
the appeal, but all other action taken by the district court pending said 
appeal shall be valid and binding. No court except a Federal court shall 
have jurisdiction to hear a contest of a probate of a will that has been 
approved by the Secretary. Such appeals shall be on the record made 
before the Secretary and his decisions shall be binding and shall not be 
reversed unless the same is against the clear weight of the evidence or 
erroneous in law.". 
(b) Section 3 of the Act of April 18, 1912 (37 Stat. 86), is hereby 
amended to read as follows: "That the property of deceased and of 
orphan minor, insane, or other incompetent Osage Indians, such 
incompetency being determined by the laws of the State of Oklahoma 
which are hereby extended for such purpose to all Osage Indians, 
shall, in probate matters, be subject to the District Court of Oklahoma 
having jurisdiction. A copy of all papers filed in the district court 
shall be served on the Superintendent of the Osage Agency at the 
time of filing, and said Superintendent is authorized, whenever the 
protection of the interest of the Osage Indian requires, to appear in 
the district court. The Superintendent of the Osage Agency or the 
Secretary of the Interior, whenever he deems the same necessary, may 
investigate the conduct of executors, administrators, guardians, or 
other persons having charge of the estate of any minor, incompetent, 
or deceased Osage Indian. Whenever he shall be of the opinion that 
the estate is in any manner being dissipated, wasted, or permitted to 
deteriorate in value by reason of the negligence, carelessness, or 
incompetency of the executor, administrator, guardian, or other per-
son in charge of the estate, the Superintendent of the Osage Agency 
or the Secretary is authorized, and it shall be his duty, to report said 
matter to the district court, take the necessary steps to have such case 
fully investigated, and prosecute any remedy, either civil or criminal, 
as the exigencies of the case may require. The costs and expenses of 
any civil proceedings shall be a charge upon the estate of the Osage 
Indian or upon the executor, administrator, guardian, or other person 
in charge of the estate of the Osage Indian and his surety, as the dis-
trict court shall determine. Every bond of the executor, administra-
tor, guardian, or other person in charge of the estate of any Osage 
Indian shall be subject to the provisions of this section and shall 
contain therein a reference hereto: Provided^ That no guardian shall 
be appointed for a minor whose parents are living unless the estate of 
said minor is being wasted or misused by such parents: Provided 
further^ That no land shall be sold or alienated under the provisions 
of this section without approval of the Secretary.". 
(7) Section 7 of the Act of February 27,1925 (43 Stat. 1008,1011), 
as amended, is hereby further amended to read as follows: "Hereafter 
none but heirs of Indian blood and children legally adopted by a court 
of competent jurisdiction and parents, Indian or non-Indian, shall 
inherit from Osage Indians any right, title, or interest to any 
restricted land, moneys, or Osage headright or mineral interest.". 
(d) Notwithstanding the provisions of subsections (a), (b), and 
(c) of this section, disposition of any Osage headright or mineral 
interest shall be subject to the provisions of section 7 of this Act. 
SEC. 6. (a) With the approval of the Secretary of the Interior, any 
person of Osage Indian blood, eighteen years of age or older, may 
establish an inter vivos trust covering his headright or mineral interest 
except as provided in section 8 hereof; surplus funds; invested surplus 
PUBLIC LAW 95-496—OCT. 21, 1978 
92 STAT. 1663 
Headright or 
mineral interest, 
alienation 
limitations. 
25 u s e 331 note. 
funds: segregated trust funds; and allotted or inherited land, naming 
the Secretary of the Interior as trustee. An Osage Indian having a 
certificate of competency may designate a banking or trust institution 
as trustee. Said trust shall be revocable and shall make provision for 
the payment of funeral expenses, expenses of last illness, debts, and an 
allowance to members of the family dependent on the settlor. 
(b) Property placed in trust as provided by this section shall be 
subject to the same restrictions against alienation that presently apply 
to lands and property of members of the Osage Tribe, and the execu-
tion of such instrument shall not in any way affect the tax-exempt 
status of said property. 
SEC. 7. After passage of this Act, a person not of Osage Indian blood, 
except a child legally adopted by an Osage Indian in any court of com-
petent jurisdiction and the lineal descendants of such adopted child, 
subject to the stipulation that such adopted child or his lineal descend-
ants cannot alienate his Osage headright or mineral interest and the 
devolution thereof is limited to intestacy, will, or inter vivos trust the 
same as if he were of Osage Indian blood, is prohibited from receiving 
more than a life estate in an Osage headright interest owned by an 
Osage Indian, such adopted child or his lineal descendants, whether 
such interest is received by will, inter vivos trust, or Oklahoma law of 
intestate succession. Upon the death of such recipient, the Osage head-
right or mineral interest shall vest in the remaindermen thereof who 
are of Osage Indian blood, adopted children, and/or lineal descendents 
of such adopted children designated by the will or inter vivos trust of 
the deceased Osage Indian, his adopted child, or the lineal descendants 
of such adopted child. If such instrument does not designate remain-
dermen thereof who are of Osage Indian blood, adopted children, and/ 
or lineal descendants of such adopted children, or if the deceased died 
intestate, the Osage headright or mineral interest shall vest in his heirs 
pursuant to the Oklahoma law of intestate succession, subject to the 
above limitations. On the death of the non-Osage beneficiary or heir, 
except in the case of adopted children or lineal descendants of such 
adopted children, such Osage headright or mineral interest shall vest 
in the Osage Tribe and the Tribe shall pay the estate of the non-Osage 
beneficiary or heir the market value of such Osage headright or min-
eral interest. Payments under this section shall be made from Osage 
tribal mineral funds authorized to be expended by section 8 (b) hereof. 
SEC. 8. (a) Any individual right to share in the Osage mineral estate 25 USC 331 note 
(commonly referred to as "headright") owned by a person not of 
Indian blood may not, without the approval of the Secretary of the 
Interior, be sold, assigned, or transferred. Sale of any such interest 
shall be subject to the right of the Osage Tribe to purchase it within 
forty-five days at the highest legitimate price offered the owner thereof. 
(b) Prior to the time and tribal mineral income is segregated for 
distribution to individual headright owners, the Secretary of the 
Interior, at the request of the Osage Tribal Council, may direct the 
use of any such income for the purchase of Osage headright interests 
offered for sale to the Osage TrilDe pursuant to this section or vested in 
the Osage Tribe pursuant to section 7 of this Act. 
92 STAT. 1664 
PUBLIC LAW 95-496—OCT. 21, 1978 
Determination. 
SEC. 9. Under such regulations as the Secretary of the Interior may 
25 use 331 note, prescribe, the heirs and legatees of any deceased owner of an Osage 
headright or mineral interest, real estate on which restrictions against 
alienation have not been removed, and funds on deposit at the Osage 
Agency may be determined by the Secretary if such aggregate interests 
do not exceed $10,000: Provided^ That no court of competent jurisdic-
tion has undertaken the probate of the deceased's estate and a request 
for such administrative determination has been made to the Secretary 
by one or more of the heirs or legatees. 
Approved October 21, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1459, accompanying H.R. 11894 (Coram, on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-1157 (Select Coram, on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Sept. 8, considered and passed Senate. 
Oct. 3, H.R. 11894 considered and passed House; passage vacated, and S. 1081, 
amended, passed in lieu. 
Oct. 7, Senate concurred in House amendments.