To reaffirm the inherent sovereign rights of the Osage Tribe to determine its membership and form of government.
PL 108-431 (H.R.2912), enacted 12/03/2004

118 STAT. 2609
PUBLIC LAW 108–431—DEC. 3, 2004
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.
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 allot-
ments of Osage Reservation lands and a pro rata share of
the Osage mineral estate as provided in that Act, not member-
ship 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.
Oklahoma.
Dec. 3, 2004
[H.R. 2912]
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118 STAT. 2610
PUBLIC LAW 108–431—DEC. 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.
(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 imple-
ment this section.
Approved December 3, 2004.
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