Page:United States Statutes at Large Volume 98 Part 3.djvu/795

 PUBLIC LAW 98-605—OCT. 30, 1984

98 STAT. 3167

Indian under guardianship or conservatorship shall be exempt from the requirement that the will of such Indian shall be subscribed and acknowledged in the presence of a district judge:"; (2) by striking out the third sentence and inserting in lieu thereof the following new sentence: "Notice of such hearing shall be given at least 10 days before the hearing by publication in a newspaper of general circulation in Osage County, Oklahoma, and by mailing to all known heirs, legatees, and devisees at their last known addresses."; (3) in the sixth sentence by striking out " o f where it appears after "date"; (4) by inserting after the eighth sentence the following new sentence: "In the case of any action in probate contesting the will of any Osage Indian, the Secretary of the Interior may approve any settlement relating to such action with respect to any property under the jurisdiction of the Secretary."; (5) in the last sentence by striking out "Such appeals" and inserting in lieu thereof "Any such appeal shall be filed in a court of the United States with jurisdiction over such appesal before the end of the 30-day period beginning on the date of the decision of the Secretary and; and (6) by adding at the end thereof the following new sentenc(3s: "In the case of any property or interest in property (including any headright) which was held by any Osage Indian decedent at the time of death of such Indian and is subject to any restriction against alienation, or which was held by the United States in trust for the benefit of any Osage Indian decedent, and which is property, or an interest in property, included in a testamentary trust created by a will of such decedent— "(1) only the Secretary of the Interior may be appointed as, or may serve as, trustee with respect to any share of such trust property relating to a beneficiary of such trust who is an Indian with respect to whom— "(A) a certificate of competency has never been issued, or "(B) a certificate of competency has been revoked by the Secretary of the Interior; "(2) only a bank or trust institution may be appointed as, or may serve as, the trustee with respect to any share of such trust property relating to any beneficiary other than an Indian described in subparagraph (A) or (B) of paragraph (1); and "(3) the inclusion of such property, or interest in property, in such testamentary trust shall not affect— "(A) the application, to such property, of any law and rule of law which applies to property of Osage Indians or the Osage Tribe of Indians, including any restrictions against alienation of lands or other property, or "(B) the tax-exempt status of such property.". AMENDMENTS TO THE OSAGE INDIANS ACT OF 1925

SEC. 4. Section 7 of the Act approved February 27, 1925, and entitled "An Act to amend the Act of Congress of March 3, 1921, entitled 'An Act to amend section 3 of the Act of Congress of June 28, 1906, entitled "An Act of Congress for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes." ' " (43 Stat. 1008) is amended—

25 USC 331 note.

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