Page:United States Statutes at Large Volume 45 Part 1.djvu/1531

 1480 a bona fide offer in writing to arbitrate, shall constitute conditions precedent to the right to sue for such damages : Provided, That noth- ing herein contained shall preclude the institution of any such suit in a Federal court having jurisdiction thereof, or the removal to said court of any such suit brought in the State court, which under Federal law may be removed to the Federal court : Provided further, That nothing herein shall be construed to limit the time for any action to be filed to less than ninety days ." SEC . 3 . That section 1 of the Act of Congress of February 27, 1925 (Forty- third Statute s at Large, pa ge 1008), is hereby amended by adding there to the follow ing " The Secretary of the Interior be, and is hereby, authorized, in his discretion, under such rules and regulations as he may prescribe, upon application of any member of the Osage Tribe of Indians not having a certificate of competency, to pay all or any part of the funds held in trust for such Indian : Provided, That the Secretary of the Interior shall, within one year after this Act is approved, pay to each enrolled Indian of less than half Osage blood, one-fifth part of his or her proportionate share of accumulated funds. And such Secretary shall on or before the expiration of ten years from the date of the approval of this Act, advance and pay over to such Osage Indians of less than one-half Osage Indian blood, all of the balance appearing to his credit of accumulated funds, and shall issue to such Removal of res tri c- Indian a certificate of competency : And provided further, That nothing herein contained shall be construed to interfere in any way with the removal by the Secretary of the Interior of restrictions from and against any Osage Ind ian at any ti me. " SEC. 4. That section 2 of the Act of Con gress approve d February 27, 1 925 (Forty-third Statutes at Large, page 1011), being an Act to amend the Act of Congress of March 3, 1921 (Forty-first Statutes at Large, page 1249), be, and the same is hereby, amended to read as follows " Upon the death of an Osage Indian of one-half or more Indian blood who does not have a certificate of competency, his or her moneys and funds and other property accrued and accruing to his or her credit and which have heretofore been subject to supervision as provided by law may be paid to the administrator or executor of the estate of such deceased Indian or direct to his heirs or devisees, or may be retained by the Secretary of the Interior in the discretion of the Secretary of the Interior, under regulations to be promulgated by him : Provided, That the Secretary of the Interior shall pay to administrators and executors of the estates of such deceased Osage Indians a sufficient amount of money out of such estates to pay all law ful indebtedn ess and costs and expenses of administra tion when approved by him ; and, out of the shares belonging to heirs or devisees, above referred to, he shall pay the costs and expenses of such heirs or devisees, inc luding attorn ey fees, when approved by him, in the determination of heirs or contest of wills. Upon the death of any Osage Indian of less than one-half of Osage Indian blood or upon the death of an Osage Indian who has a certificate of competency, his moneys and funds and other property accrued and accruing to his credit shall be paid and delivered to the admin- istrator or executor of his estate to be administered upon according to the laws of the State of Oklahoma : Provided, That upon the settlement of such estate any funds or property subject to the control or supervision of the Secretary of the Interior on the date of the approval of this Act, which have been inherited by or devised to any adult or minor heir or devisee of one-half or more Osage Indian Provisos. Suit in Federal court allowed. Time for filing. Vol . 43, p. 1010, amended. Payments fr om in- come . Ind ians without com- petency certificate . Proviso. Payme nts here after to enrolled Indians of less than one-half Osage blood. tions at any time. Vol . 43, p. 1010, amended. Disposition of prop- erty, etc ., to estates of In dians withou t com- petency certificates . Provisos. Payment of ind ebt- edness, administration expenses, etc. Delivery of property to admi nist rator of In- dian with less than one. half Osage blood, and having competency cer- tificate. Fu nds from the es- tate, for Indians with- out competency certifi- cate, to be delivered to Se creta ry o f Int erior for dispo sition. SEVENTIETH CONGRESS. SESS. II. Cu. 493. 1929.

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