II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REAFFIRMATION OF CERTAIN RIGHTS OF THE 

4 OSAGE TRIBE. 

5 (a) FINDINGS.—The Congress finds as follows: 

6 (1) The Osage Tribe is a federally recognized 

7 tribe based in Pawhuska, Oklahoma. 

8 (2) The Osage Allotment Act of June 28, 1906 

9 (34 Stat. 539), states that the ‘‘legal membership’’ 
2 

•HR 2912 RS 

1 of the Osage Tribe includes the persons on the Jan2 uary 1, 1906 roll and their children, and that each 

3 ‘‘member’’ on that roll is entitled to a headright 

4 share in the distribution of funds from the Osage 

5 mineral estate and an allotment of the surface lands 

6 of the Osage Reservation. 

7 (3) Today only Osage Indians who have a 

8 headright share in the mineral estate are ‘‘mem9 bers’’ of the Osage Tribe. 

10 (4) Adult Osage Indians without a headright in11 terest cannot vote in Osage government elections 

12 and are not eligible to seek elective office in the 

13 Osage Tribe as a matter of Federal law. 

14 (5) A principal goal of Federal Indian policy is 

15 to promote tribal self-sufficiency and strong tribal 

16 government. 

17 (b) REAFFIRMATION OF CERTAIN RIGHTS OF THE

18 OSAGE TRIBE.— 

19 (1) MEMBERSHIP.—Congress hereby clarifies 

20 that the term ‘‘legal membership’’ in section 1 of the 

21 Act entitled, ‘‘An Act For the division of lands and 

22 funds of the Osage Indians in Oklahoma Territory, 

23 and for other purposes’’, approved June 28, 1906 

24 (34 Stat. 539), means the persons eligible for allot25 ments of Osage Reservation lands and a pro rata 
3 

•HR 2912 RS 

1 share of the Osage mineral estate as provided in 

2 that Act, not membership in the Osage Tribe for all 

3 purposes. Congress hereby reaffirms the inherent 

4 sovereign right of the Osage Tribe to determine its 

5 own membership, provided that the rights of any 

6 person to Osage mineral estate shares are not dimin7 ished thereby. 

8 (2) GOVERNMENT.—Notwithstanding section 9 

9 of the Act entitled, ‘‘An Act For the division of 

10 lands and funds of the Osage Indians in Oklahoma 

11 Territory, and for other purposes’’, approved June 

12 28, 1906 (34 Stat. 539), Congress hereby reaffirms 

13 the inherent sovereign right of the Osage Tribe to 

14 determine its own form of government. 

15 (3) ELECTIONS AND REFERENDA.—At the re16 quest of the Osage Tribe, the Secretary of the Inte17 rior shall assist the Osage Tribe with conducting 

18 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 

form of government. Osage Tribe to determine its membership and 

SEPTEMBER 15, 2004 

Reported without amendment