[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Referred in Senate (RFS)]
2d Session
H. R. 2912
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IN THE SENATE OF THE UNITED STATES
June 2, 2004
Received; read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
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.
Passed the House of Representatives June 1, 2004.
Attest:
JEFF TRANDAHL,
Clerk.