[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Reported in Senate (RS)]






                                                       Calendar No. 697
108th CONGRESS
  2d Session
                                H. R. 2912

                          [Report No. 108-343]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 2, 2004

  Received; read twice and referred to the Committee on Indian Affairs

                           September 15, 2004

              Reported by Mr. Campbell, without amendment

_______________________________________________________________________

                                 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.
                                                       Calendar No. 697

108th CONGRESS

  2d Session

                               H. R. 2912

                          [Report No. 108-343]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                           September 15, 2004

                       Reported without amendment