JUL 2 8 2005 

Richard Meyers 

Assistant Solicitor 

Division of Indian Affairs 

Office of the Solicitor 

Department of the Interior 

1849 C Street NW, Mail Stop 6458 

Washington, D.C. 20240 

Dear Mr. Meyers: 

The National Indian Gaming Commission (NIGC) has examined the Indian lands status 

of fee land in North Tulsa, Oklahoma, and of trust land in Bartlesville, Oklahoma, on 

which the Osage Nation (Tribe) plans to conduct gaming. We understand that the Tribe 

intends to begin gaming on at least one of the parcels on August 3,2005. We believe that 

the Tribe may conduct gaming on the parcels because they lie within the Tribe's 

reservation. Our opinion relies on several previous Department of the Interior documents 

that reference the Osage Nation Reservation. Consequently, we would appreciate your 

concurrence on our determination that the parcels are within the Osage Nation's 

reservation. 

As you know, the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 5 2701 et seq. 

confirms a Tribe's right to game on lands within the Tribe's reservation boundaries. 

Based on the information we obtained, the following parcels meet the IGRA 

requirements for gaming. 

DESCRIPTION OF THE OSAGE GAMING PROPERTIES 

The North Tulsa property is owned in fee by the Tribe and is legally described as follows: 

NEl4 NU4 of Section 15 and Lot 1 (NW/4 NW/4), Lot 2 (SWl4 NWl4) 

and Lot 3 (NWl4 SWl4) of Section 14, Less the South 228.5 feet of Lot 3, 

a11 in Township 20 North, Range 12 East, Osage County, State of 

Oklahoma. 

AND 

A tract of land located in Section 15, Township 20 North, Range 12 East 

of the Indian Base and Meridian, Osage County, Oklahoma, described as 

follows: 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington. DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento, CA; Phoenix, AZ; St. Paul. MN;Tulsa, OK 
Commencing at a point 410 feet East of the Northwest comer of the SEl4 

NEl4; Thence South and parallel to the West line of the SEl4 NE/4 and the 

NEl4 SEl4 a distance of 2190 feet; Thence East and parallel to the South 

line of the NE/4 SEl4 a distance of 30 feet; Thence South and parallel to 

the West Iine of the NEl4 SEl4 353 feet East of the Southwest comer of 

the NE/4 SEl4 a distance of 300 feet; Thence West and parallel to the 

South line of the NEl4 SEl4 a distance of 150 feet to a point on the South 

Iine of the N3/4 SEl4 363 feet East of the Southwest comer of the NEl4 

SE/4; Thence in a Northeasterly direction on a straight Iine a distance of 

631.7 feet to a point 370 feet West and 228.5 feet North of the Southeast 

comer of the NEl4 SEl4; Thence East and parallel to the South line of the 

W4 SE/4 a distance of 370 feet to a point on the East line of the NEl4 

SEl4 a distance of 228.5 feet North of the Southeast comer of the W4 

SEl4; Thence North along the East line of the NEl4 SEl4 and the SEl4 

NEl4 a distance of 241 1.5 feet to the Northeast comer of the SEl4 NE/4; 

Thence West along the North line of the SEl4 NEl4 to the Point of 

Beginning. 

The.Bart1esville property on which the Tribe proposes to conduct gaming is held 

in trust for individual tribal members and is legally described as follows: 

Lots 2, 3, and 4, Sl2NWSESWI4 and N/2N/2S/2SESW/4 Section 30, 

T26N, R12E7 (all lying East of Osage County Highway No. 70) containing 

1 16.1 7 acres, more or less. 

DESCRIPTION OF THE OSAGE RESERVATION BOUNDARIES 

The boundaries of the Osage Reservation were set out in the Act of June 5, 1872, ch. 3 10, 

17 Stat. 228 (An Act to Confirm to the Great and Little Osage Indians a Reservation in 

the Indian Tenitory): 

[i]n order to provide said Osage tribe of Indians with a reservation, and 

secure to them a sufficient quantity of land suitable for cultivation, to 

following-described tract of country, west of the established ninety-sixth 

meridian, in the Indi,an Tenitory, be, and the same is hereby, set apart for 

an confinned as their reservation, namely: Bounded on the east by the 

ninety-sixth meridian, on the south and west by the north line of the Creek 

country and the main channel of the Arkansas River, and on the north by , 

the south line of the State of Kansas; 
Congress appropriated the hds for purchase of the reservation set out in the 1972 Act in 

its Act of Mar. 3, 1873, ch. 228, 17 Stat. 530, and in its Act of Mar. 3, 1883, ch. 143,22 

Stat. 603,624 (Sundry Civil Appropriations; Indian Affairs). The deed for the land from 

the Cherokee tribe granted land in trust to the United States for the Osage Tribe of 

Indians "with a proviso that said Great and Little Osage tribe shall permit the settlement 

within the limits of said tract of the Kansas tribes of Indians". Deed from the Cherokee 

Nation, Through its Delegates, to the United States in Trust for the Use and Benefit of the 

Osage and Kansas Indians, 6 Indian Deeds 476 (June 14, 1883). The following land was 

conveyed: 

Fractional township twenty-four, (24,) twenty-five, (25,) and twenty-six, 

(26,) range two (2,) east; fractional townships twenty-three, (23,) hventyfour, (24,) twenty-five, (25,) twenty-six, (26,) twenty-seven, (27,) twentyeight, (28,) twenty-nine, (29,) range three, (3,) east; fractional townships 

twenty-three, (23,) twenty-four, (24,) twenty-five, (25,) twenty-six, (26,) 

and twenty-seven, (27,) township twenty-eight, (28,) and fractional 

township twenty nine, (29,) range four, (4,) east; fiactional townships 

twenty-three, (23,) and twenty-four, (24,) townships twenty-five, (25,) 

twenty-six, (26,) twenty-seven, (27,) twenty-eight, (28,) and fractional 

township twenty-nine, (29,) range five, (5,) east; fractional townships 

twenty-two, (22,) and twenty-three, (23,) townships twenty-four (24,) 

twenty-five, (25,) twenty-six, (26,) twenty-seven, (27,) twenty-eight, (28,) 

and fractional township twenty-nine, (29,) range six, (6,) east; fractional 

townships twenty-one, (21,) and twenty-two, (22,) townships twentythree, (23,) twenty-four (24,) twenty-five, (25,) twenty-six, (26,) twentyseven, (27,) twenty-eight, (28,) and fractional township twenty-nine, (29,) 

range seven, (7,) east fractional townships twenty-one, (21,) and twentytwo, (22,) townships (23,) twenty-four, (24,) twenty-five, (25,) twenty-six, 

(26,) twenty-seven, (27,) twenty-eight, (28,) and fiactional township 

twenty-nine, (29,) range eight (8) east; fractional townships twenty, (20,) 

and twenty-one, (21,) townships twenty-two, (22,) twenty-three, (23,) 

twenty-four, (24,) twenty-five, (25,) twenty-six, (26,) twenty-seven, (27,) 

twenty-eight, (28,) and fractional township twenty-nine, (29,) range nine, 

(9,) east; fiactional township twenty, (20,) townships twenty-one, (2 1 ,) 

twenty-two, (22,) twenty-three, (23,) twenty-four, .(24,) twenty-five, (25,) 

twenty-six, (26,) twenty-seven, (27,) twenty-eight, (28,) and fiactional 

township twenty-nine, (29,) range ten, (10,) east; fiactional township 

twenty, (20,) townships twenty-one, (21,) twenty-two, (22,) twenty-three, 

(23,) twenty-four, (24,) twenty-five, (25,) twenty-six, (26,) twenty-seven, 

(27,) twenty-eight, (28,) and fractional township twenty-nine, (29,) range 

eleven, (1 1 ,) east; fractional townships twenty, (20,) twenty-one, (2 1 ,) 

twenty-two, (22,) twenty-three, (23,) twenty-four, (24,) twenty-five, (25,) 

twenty-six, (26,) twenty-seven, (27,) twenty-eight, (28,) and twenty-nine, 

(29,) range twelve, (12,) east; 
The following land in the conveyance was set apart for the Kansas Indians: 

Fractional townships twenty-seven, (27,) twenty-eight, (28,) and twenty-nine, 

(29,) range three, (3,) east; fiactional township twenty-seven, (27,) township 

twenty-eight, (28,) and fractional township twenty-nine, (29,) range four, (4,) east; 

the west half of section three, (3,) ten, (10,) fifteen, (15,) twenty-two, (22,) 

twenty-seven, (27,) and thirty-two, (32,) and sections four, (4,) five, (5,) six, (6), 

seven, (7,) eight, (8,) nine, (9,) sixteen, (16,) seventeen, (17,) eighteen, (18,) 

nineteen, (1 9,) twenty, (20,) twenty-one, (2 1 ,) twenty-eight, (28,) twenty-nine, 

(29,) thirty, (30,) and thirty-one, (31,) of townships twenty-seven, (27,) north, 

range five, (5,) east; the west half of sections three, (3,) ten, (10,) fifteen, (15,) 

twenty-two, (22,) twenty-seven, (27,) and thirty- four, (34,) and sections four (4,) 

five, (5,) six, (6,) seven, (7,) eight, (8,) nine, (9,) sixteen, (16,) seventeen, (17,) 

eighteen, (1 8,) nineteen, (1 9,) twenty, (20,) twenty-one, (21 ,) twenty-eight, (28,) 

twenty-nine, (29,) thirty, (30,) and thirty-one, (3 1 ,) of township twenty-seven, 

(27,) north, range five, (5,) east: the west half of sections three, (3,) ten, (10,) 

fifteen, (15,) twenty-two, (22,) twenty-seven, (27,) and thirty-four, (34,) and 

sections four, (4,) five, (5,) six, (6,) seven, (7,) eight, (8,) nine, (9,) sixteen, (16,) 

seventeen, (1 7,) eighteen, (1 8,) nineteen, (1 9,) twenty, (20,) twenty-one, (2 1 ,) 

twenty-eight, (28,) twenty-nine, (29,) thirty, (30,) thirty-one, (3 1 ,) thirty-two, 

(32,) and thirty-three, (33,) of township twenty-eight, (28,) north, range five, (5,) 

east; the west half of sections fifteen, (15,) twenty-two, (22,) twenty-seven, (27), 

and thirty-four, (34,) ahd sections sixteen, (16,) seventeen, (17,) eighteen, (18,) 

nineteen, (1 9,) twenty, (20,) twenty-one, (2 1 ,) twenty-eight, (28,) twenty-nine, 

(29,) thirty, (30,) thirty-one, (31,) thirty-two, (32,) and thirty-three, (33,) of 

township twenty-nine, (29,) north, range five, (5,) east; containing an area of one 

hundred thousand, one hundred and thirty-seven and thirty-two hundredths acres, 

(100,137.32) . . . . 

Thus, the description of the Osage reservation above does not include townships twentyseven, (27,) twenty-eight, (28,) and twenty-nine, (29,) range three (3) east; or townships 

twenty-seven, (27,) twenty-eight, (28,) and twenty-nine, (29,) range four (4) east as these 

portions of the description were later set apart for the Kansas Indians. 

All Iands in the Osage Reservation were allotted to tribal members except as otherwise 

provided in the allotment act for, several schools, government buildings, cemeteries, forty 

acres containing three dwellings, and the mineral rights which were reserved to the Osage 

Tribe. Id. 

PERTINENT DOCUMENTS 

We have examined several documents that indicate the Department of the Interior 

continues to recognize the Osage Reservation. These documents are as follows: 

1. Memorandum to the Commissioner of Indian Affairs from Nathan R. Margold, 

Solicitor. 1 Opinions of the Solicitor 591 -92 (December 17, 1935). 
This letter examines whether the state has jurisdiction over land owned by Osage tribal 

members. It refers to a 1913 murder on the "Osage Reservation" and states that 

jurisdiction in the matter at hand depends on whether the lands in question ''may be 

regarded as within the limits of the Indian reservation". The Solicitor determined that the 

lands are "tribal lands within the reservation boundaries" and fiuther noted that "[s]o far 

as I am advised no act of Congress has severed these lands from the reservation. In the 

absence of such Congressional action they not only remain within the reservation but also 

qualify as 'Indian country' under the rule that 'Indian country' remains such until the 

Indian title is extinguished unless other wise [sic] provided by Congress." 

2. Letter from Harold D. Cox, Associate Commissioner for Support Services, to 

Honorable Henry L. Vellman, dated Mar. 9,197 1. 

This letter is in response to Senator VelIman7s query as to the BIA7s marking on a map of 

Osage County, Oklahoma as the Osage Reservation. The author notes that of'ficial BLA 

maps have depicted the Osage Reservation as the only reservation in Oklahoma for over 

35 years, although some maps depict former reservations for other tribes in the state. Mr. 

Cox notes that the Osage Tribe did not sign a cession treaty as other state tribes did and 

that the 1906 treaty reserved the mineral rights to the tribe as a whole. This reservation 

of mineral rights led to the BLM including an Osage Reservation on a map of the United 

States. The author states "[iln reviewing the situation, we have not found any Act of 

Congress which expressly or otherwise terminated the reservation status or operated to 

remove the boundaries thereof." 

3. Map of Indian Land Areas published by the U.S. Department of the Interior 

Bureau of Indian Affairs (BIA) in 1992. 

The map shows the Osage lands depicted as "Federal Indian Reservation" while every 

other tribe in Oklahoma is depicted as "Federal Indian Groups Without Reservation". 

4. Oklahoma Enabling Act of 1906, Pub. L. No. 59-234,34 Stat. 267. 

The 1906 Act (Act) refers to Indian Temtory several times. However, Chapter 3335, 

Section 2 distinguishes between these and the Osage lands on four occasions. In one 

instance, the Act appears to clearly distinguish the Osage lands fiom the rest of Indian 

Territory: "Providedfirther, That in said Xndian Temtory and Osage Indian Reservation . 

. . ." Sec. 2 (emphasis in original). Additionally, the Act later refers to "the Indian 

Territory and the Osage Reservation and within any other parts of said State which 

existed as Indian reservations on the first day of January, nineteen hundred and six." Sec. 

3 (referring to limitations on intoxicating liquors). 
The Act does mention other reservations by name1, although none are separated out as is 

done with the Osage. Indeed, Section 2 1 orders the state constitutional convention to 

"constitute the Osage Indian Reservation a separate county, and provide that it shall 

remain a separate county until the lands in the Osage Indian Reservation are allotted in 

severalty and until changed by the legislature of Oklahoma, . . . ." 

5. Letter to Honorable Robert S. Kerr, Jr. from Tim Vollman, Regional Solicitor, 

Southwest Region, Albuquerque, New Mexico, dated Feb. 15,1994. 

This letter advises the Oklahoma Water Resources Board that it "has no jurisdiction or 

authority to adjudicate the rights of the Osage Tribe to use the waters appurtenant to its 

reservation, or the derivative rights of restricted Osage Indian allottees and their heirs." 

6. October 22,1997, Oklahoma Gubernatorial Proclamation (recognizing October 

25,1997 as Osage Day) 

The proclamation begins with the statement that "[wlhereas, the Osage Reservation 

covering all of Osage County is the only federally recognized reservation remaining in 

Oklahoma . . . ." 

7. Business Lease between the Osage Tribe and John J. Allen, et al., approved by the 

Acting Superintendent, Osage Agency, Bureau of Indian Affairs, on April 1, 

2004. 

The sole purpose of this lease of the Bartlesville site is "for the purpose of conducting 

Class 11 gaming in compliance with the Indian Gaming Regulatory Act (hereinafter called 

IGRA), P.L. 100-497, as amended, with associated concessions and non-tobacco venting 

[sic] machine sales." Art. 5. 

The Tribe asserts that the BIA approval of a business lease on this site for IGRA gaming 

indicates BIA recognition of the Tribe's right to game on the site. 

CONCLUSION 

Based on the above documents, we understand that at least some offices within the 

Department of the Interior have concluded that the Osage Nation Reservation has not 

been disestablished. Since gaming on fee land or trust land within the boundaries of the 

reservation is lawhl gaming on Indian lands under the IGRA, we conclude that gaming 

' Sec. 6 ("'the Osage and Kansas Indian reservations") ("comprise all the tenitory now constituting the 

Cherokee, Creek, and Seminole nations, and the Indian reservations lying northeast of the Cherokee 

Nation"); Sec. 7 (Sulphur Springs Reservation); Sec. 8 ("the Cherokee Outlet, the Tonkawa Indian 

Reservation, and the Pawnee Indian Reservation"). 
on the two parcels is authorized. Please advise us immediately if your office disagrees 

with our understanding of the status of the Tribe's reservation. 

Sincerely, 

Penny J. Coleman 

Acting General Counsel 

cc: Bridget Virchis, Branch of General Indian Legal Activities