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[108th Congress Public Law 431]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ431.108]

[[Page 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 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:
---------------------------------------------------------------------------

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.

                                  <all>
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