Page:United States Statutes at Large Volume 98 Part 3.djvu/793

 PUBLIC LAW 98-605—OCT. 30, 1984

98 STAT. 3165

"(1) any remainder interest of a testator, settlor, or decedent described in subsection (b) vests in the Osage Tribe of Indians under subsection (c)(3), and "(2) an individual who is not an Osage Indian and who, but for this section, would have received any portion of such remaining interest in the headright by virtue of— "(A) having been designated under the will of such testator, or the instrument of such settlor which established any such trust, to receive such remainder interest, or "(B) being the heir of such decedent under the Oklahoma laws of intestate succession, the tribe shall pay any such individual the fair market value of the portion of the interest in such headright such individual would have received but for this section.". (f) Section 8(a) of such Act is amended to read as follows: "SEC. 8. (a)(1) No headright owned by any person who is not of Indian blood may be sold, assigned, or transferred without the approval of the Secretary. Any sale of any interest in such headright (and any other transfer which divests such person of any right, title, or interest in such headright) shall be subject to the following rights of purchase: "(1) First right of purchase by the heirs in the first degree of the first Osage Indian to have acquired such headright under an allotment who are living and are Osage Indians, or, if they all be deceased, all heirs in the second through the fourth degree of such first Osage Indian who are living and are Osage Indians. "(2) Second right of purchase by any other Osage Indian for the benefit of any Osage Indian in his or her individual capacity. "(3) Third right of purchase by the Osage Tribal Council on behalf of the Osage Tribe of Indians. No owner of any headright shall be required, by reason of this subsection, to sell such headright for less than its fair market vfdue or to delay any such sale more than 90 days from the date by which notice of intention to sell (or otherwise transfer) such headright has been received by each person with respect to whom a right of purchase has been established under this subsection.". (g) Section 8(b) of such Act is amended to read as follows: "(b) Notwithstanding the paragraph designated 'First' of section 4 of the Osage Tribe Allotment Act or any other provision of law, any income from the Osage mineral estate may be used for the purchase of any headright offered for sale to the Osage Tribal Council pursuant to subsection (a) or vested in the Osage Tribe pursuant to section 7 if, prior to the time that any income from the Osage mineral estete is segregated foi* distribution to holders of headrights, the Osage Tribal Council requests the Secretary to authorize such use of such funds and the Secretary approves such request.". (h) Such Act is amended by adding at the end thereof the following new sections: "SEC. 10. Except where any provision of this Act explicitly provides otherwise, wherever the term 'Osage Indian' is used in this Act, such term shall be construed so as to include any child who has been adopted by ffai Osage Indian (pursuant to the decision of any court of competent jurisdiction) and any lineal descendant of such child. "SEC. 11. For purposes of this Act—

25 USC 331 note. Prohibition.

25 USC 331 note. 34 Stat. 544.

Ante, p. 3164.

Children and youth. 25 USC 331 note.

25 USC 331 note.

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