[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 2609

Public Law 108-431
108th Congress

An Act


 
To reaffirm the inherent sovereign rights of the Osage Tribe to
determine its membership and form of government. NOTE: Dec. 3,
2004 -  [H.R. 2912]

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

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.

[[Page 2610]]
118 STAT. 2610

(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.

Approved December 3, 2004.

LEGISLATIVE HISTORY--H.R. 2912:
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HOUSE REPORTS: No. 108-502 (Comm. on Resources)
SENATE REPORTS: No. 108-343 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 1, considered and passed House.
Nov. 19, considered and passed Senate.