[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Page S11566]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  SOVEREIGN RIGHTS OF THE OSAGE TRIBE

  The bill (H.R. 2912) to reaffirm the inherent sovereign rights of the 
Osage Tribe to determine its membership and form of government, was 
considered, ordered to a third reading, read the third time, and 
passed.

                               H.R. 2912

       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.

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