[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Enrolled Bill (ENR)]

        H.R.2912

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
    To reaffirm the inherent sovereign rights of the Osage Tribe to 
            determine its membership and form of government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REAFFIRMATION OF CERTAIN RIGHTS OF THE OSAGE TRIBE.

    (a) Findings.--The Congress finds as follows:
        (1) The Osage Tribe is a federally recognized tribe based in 
    Pawhuska, Oklahoma.
        (2) The Osage Allotment Act of June 28, 1906 (34 Stat. 539), 
    states that the ``legal membership'' of the Osage Tribe includes 
    the persons on the January 1, 1906 roll and their children, and 
    that each ``member'' on that roll is entitled to a headright share 
    in the distribution of funds from the Osage mineral estate and an 
    allotment of the surface lands of the Osage Reservation.
        (3) Today only Osage Indians who have a headright share in the 
    mineral estate are ``members'' of the Osage Tribe.
        (4) Adult Osage Indians without a headright interest cannot 
    vote in Osage government elections and are not eligible to seek 
    elective office in the Osage Tribe as a matter of Federal law.
        (5) A principal goal of Federal Indian policy is to promote 
    tribal self-sufficiency and strong tribal government.
    (b) Reaffirmation of Certain Rights of the Osage Tribe.--
        (1) Membership.--Congress hereby clarifies that the term 
    ``legal membership'' in section 1 of the Act entitled, ``An Act For 
    the division of lands and funds of the Osage Indians in Oklahoma 
    Territory, and for other purposes'', approved June 28, 1906 (34 
    Stat. 539), means the persons eligible for allotments of Osage 
    Reservation lands and a pro rata share of the Osage mineral estate 
    as provided in that Act, not membership in the Osage Tribe for all 
    purposes. Congress hereby reaffirms the inherent sovereign right of 
    the Osage Tribe to determine its own membership, provided that the 
    rights of any person to Osage mineral estate shares are not 
    diminished thereby.
        (2) Government.--Notwithstanding section 9 of the Act entitled, 
    ``An Act For the division of lands and funds of the Osage Indians 
    in Oklahoma Territory, and for other purposes'', approved June 28, 
    1906 (34 Stat. 539), Congress hereby reaffirms the inherent 
    sovereign right of the Osage Tribe to determine its own form of 
    government.
        (3) Elections and referenda.--At the request of the Osage 
    Tribe, the Secretary of the Interior shall assist the Osage Tribe 
    with conducting elections and referenda to implement this section.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.