[House Hearing, 108 Congress]
[From the U.S. Government Publishing Office]
H.R. 2912, TO REAFFIRM THE INHERENT SOVEREIGN RIGHTS OF THE OSAGE
TRIBE TO DETERMINE ITS MEMBERSHIP AND FORM OF GOVERNMENT.
=======================================================================
LEGISLATIVE FIELD HEARING
before the
COMMITTEE ON RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
__________
Monday, March 15, 2004, in Tulsa, Oklahoma
__________
Serial No. 108-87
__________
Printed for the use of the Committee on Resources
Available via the World Wide Web: http://www.access.gpo.gov/congress/
house
or
Committee address: http://resourcescommittee.house.gov
______
U.S. GOVERNMENT PRINTING OFFICE
92-525 WASHINGTON : DC
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON RESOURCES
RICHARD W. POMBO, California, Chairman
NICK J. RAHALL II, West Virginia, Ranking Democrat Member
Don Young, Alaska Dale E. Kildee, Michigan
W.J. ``Billy'' Tauzin, Louisiana Eni F.H. Faleomavaega, American
Jim Saxton, New Jersey Samoa
Elton Gallegly, California Neil Abercrombie, Hawaii
John J. Duncan, Jr., Tennessee Solomon P. Ortiz, Texas
Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey
Ken Calvert, California Calvin M. Dooley, California
Scott McInnis, Colorado Donna M. Christensen, Virgin
Barbara Cubin, Wyoming Islands
George Radanovich, California Ron Kind, Wisconsin
Walter B. Jones, Jr., North Jay Inslee, Washington
Carolina Grace F. Napolitano, California
Chris Cannon, Utah Tom Udall, New Mexico
John E. Peterson, Pennsylvania Mark Udall, Colorado
Jim Gibbons, Nevada, Anibal Acevedo-Vila, Puerto Rico
Vice Chairman Brad Carson, Oklahoma
Mark E. Souder, Indiana Raul M. Grijalva, Arizona
Greg Walden, Oregon Dennis A. Cardoza, California
Thomas G. Tancredo, Colorado Madeleine Z. Bordallo, Guam
J.D. Hayworth, Arizona George Miller, California
Tom Osborne, Nebraska Edward J. Markey, Massachusetts
Jeff Flake, Arizona Ruben Hinojosa, Texas
Dennis R. Rehberg, Montana Ciro D. Rodriguez, Texas
Rick Renzi, Arizona Joe Baca, California
Tom Cole, Oklahoma Betty McCollum, Minnesota
Stevan Pearce, New Mexico
Rob Bishop, Utah
Devin Nunes, California
Randy Neugebauer, Texas
Steven J. Ding, Chief of Staff
Lisa Pittman, Chief Counsel
James H. Zoia, Democrat Staff Director
Jeffrey P. Petrich, Democrat Chief Counsel
------
C O N T E N T S
----------
Page
Hearing held on Monday, March 15, 2004........................... 1
Statement of Members:
Carson, Hon. Brad, a Representative in Congress from the
State of Oklahoma.......................................... 3
Cole, Hon. Tom, a Representative in Congress from the State
of Oklahoma................................................ 4
Kildee, Hon. Dale, a Representative in Congress from the
State of Michigan.......................................... 4
Lucas, Hon. Frank D., a Representative in Congress from the
State of Oklahoma.......................................... 5
Prepared statement of.................................... 7
Pombo, Hon. Richard W., a Representative in Congress from the
State of California........................................ 1
Prepared statement of.................................... 2
Statement of Witnesses:
Freeman, Mark, Councilman, Osage Tribe....................... 17
Prepared statement of.................................... 19
Gray, Jim, Principal Chief, Osage Tribe...................... 14
Prepared statement of.................................... 16
Hanna, Jeanette, Regional Director, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, U.S. Department of the
Interior, Muskogee, Oklahoma............................... 10
Prepared statement of.................................... 11
Lookout, Cynthia Cherise, Hominy, Oklahoma................... 34
Prepared statement of.................................... 36
Moore, Jessica Rosemary, Fairfax, Oklahoma................... 32
Prepared statement of.................................... 33
Yarbrough, R.E., President, Osage Shareholders Association... 30
Prepared statement of.................................... 31
Additional materials supplied:
West, Mrs. Howard M., Jr., Pawhuska, Oklahoma, Letter
submitted for the record................................... 8
Wood, Rosemary, Osage Nation Membership, Statement submitted
for the record............................................. 7
LEGISLATIVE FIELD HEARING ON H.R. 2912, TO REAFFIRM THE INHERENT
SOVEREIGN RIGHTS OF THE OSAGE TRIBE TO DETERMINE ITS MEMBERSHIP AND
FORM OF GOVERNMENT.
----------
Monday, March 15, 2004
U.S. House of Representatives
Committee on Resources
Tulsa, Oklahoma
----------
The Committee met, pursuant to call, at 10:00 a.m., in the
Evergreen Room, Post Oak Lodge, 5323 West 31st Street North,
Tulsa, Oklahoma, Hon. Richard W. Pombo [Chairman of the
Committee] presiding.
Members Present: Representatives Pombo, Cole, Kildee, and
Carson.
Also Present: Representative Lucas.
The Chairman. If we may come to order. I'd like, at this
time, to recognize Congressman Frank Lucas for our opening and
closing ceremonies here.
Mr. Lucas.
Mr. Lucas. Thank you, Mr. Chairman. In a moment, we'll rise
for Presentation of Colors by Dominic Brown, who is a Veteran
of the U.S. Army in the Gulf War; also, John Williams, Jr., a
Veteran of Operation Desert Storm and Desert Shield; and
Romaine Shackelford, who is a Veteran of the European Theater
during World War II. That will be followed by our singers of
the Flag Song, Vann Bighorse, Mary Bighorse, Scott George,
Kenny Bob Bighorse, Julia Lookout. Then, Chief Jim Gray will
lead us in the Pledge of Allegiance. And that will be followed
by Paul Stabler, who will deliver the invocation in the Osage
language.
Mr. Chairman, if we might rise for the Presentation of
Colors.
[Pledge of Allegiance.]
[Singing of the Flag Song.]
[Invocation.]
The Chairman. Well, thank you very much.
STATEMENT OF THE HON. RICHARD W. POMBO, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
The Chairman. The Committee is meeting today to hear
testimony on H.R. 2912, a bill sponsored by Congressman Lucas
to reaffirm the inherent sovereign rights of the Osage Tribe to
determine its membership and form of government.
At this time, I'd like to ask unanimous consent for the
gentleman from Oklahoma, Mr. Lucas, to be able to sit and
participate in the hearing.
Without objection. So ordered.
Ordinarily, opening statements are limited to the Chairman
and Ranking Minority Member. Because of the importance of this
bill to members attending the hearing today, I will recognize
each member present for 5 minutes in which to give any oral
statement they may have. And, as always, members' written
statements can be included in the hearing record under
unanimous consent request.
The purpose of today's hearing is to examine H.R. 2912,
which basically puts the Osage Tribe on the same footing as
every other sovereign federally recognized tribe in the United
States in terms of defining its own membership criteria and
form of government.
The Osage appear to be the only federally recognized tribe
by which a specific Act of Congress, which passed nearly a
hundred years ago, dictates its form of membership and
government. Whatever the historical and legal circumstances
surrounding Congress' action, it's past time to consider
letting the Osage Tribe decide how to govern itself as it sees
fit, providing that no one loses any property or other vested
legal rights in the process.
Under the Osage Allotment Act of 1906 and under subsequent
Federal Court decisions, the only legal members of the Osage
Tribe are the lineal descendants and those Osage persons living
before July 1st, 1907, who also have what is called a headright
share.
A headright share is a share of the royalties, the mineral
development in the Osage Reservation. This has resulted in
people who have a high degree of Osage blood from being members
of the Tribe. It's safe to say the 1906 Act stemmed from a
rationale that is far outdated. I hope today's witnesses will
shed more light on the history of why the 1906 Act was passed,
and whether H.R. 2912 would benefit the Osage Tribe and the
Osage people as a whole.
I'd like, at this time, to recognize Mr. Dale Kildee, who
over the years has been extremely valuable and very involved
with a number of Native American issues. And I am very glad and
very happy that he made the effort to be here for this very
important hearing.
[The prepared statement of Mr. Pombo follows:]
Statement of The Honorable Richard Pombo, Chairman,
Committee on Resources
The purpose of today's hearing is to examine H.R. 2912, which
basically puts the Osage Tribe on the same footing as every other
sovereign, federally recognized tribe in the United States in terms of
defining its own membership criteria and form of government.
The Osage appears to be the only federally recognized tribe by
which a specific Act of Congress, which was passed nearly 100 years
ago, dictates its form of membership and government.
Whatever the historical and legal circumstances surrounding
Congress's action, it's past time to consider letting the Osage tribe
decide how to govern itself as it sees fit, providing that no one loses
any property or other vested legal rights in the process.
Under the Osage Allotment Act of 1906 and under subsequent federal
court decisions, the only legal members of the Osage Tribe are the
lineal descendants of those Osage persons living before July 1, 1907,
who also have what is called a ``headright share.'' A headright share
is a share in the royalties from mineral development in the Osage
Reservation.
This has resulted in people who have a high degree of Osage blood
from being members of the tribe.
It's safe to say the 1906 Act stemmed from a rationale that is far
outdated. I hope today's witnesses will shed more light on the history
of why the 1906 Act was passed, and whether H.R. 2912 would benefit the
Osage tribe and the Osage people as a whole.
______
The Chairman. Mr. Kildee.
Mr. Kildee. Mr. Chairman, with your indulgence, I yield
first to Mr. Carson, and then come back to myself.
The Chairman. That's fine.
Mr. Carson.
STATEMENT OF THE HON. BRAD CARSON, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OKLAHOMA
Mr. Carson. Thank you, Mr. Kildee, for yielding. It's nice
to be back in Osage County, which used to be my Congressional
District. But I have to confess. The Post Oak Lodge was not in
that place. That leads you to a brown field in West Tulsa. So,
I apologize for my tardiness here today and to Chief Gray and
to the other members of the Osage Nation. Thank you for being
here and for excusing my lateness.
I'd like to thank our Ranking Member Kildee for his kind
words and for yielding to me and Chairman Pombo for scheduling
this hearing today, so we can receive testimony on H.R. 2912,
which, as the Chairman said, is legislation reaffirming the
Osage Tribe's inherent right to determine its own membership
and also importantly its own form of government. I am a strong
supporter of this legislation and a co-sponsor of Congressman
Lucas' bill.
I would also like to welcome the witnesses here today, many
of whom are my good friend. I look forward to listening to
their testimony.
As the Chairman said, Congress passed a law limiting the
membership of the Osage Tribe in 1906, long before any of us in
this room were alive. This law was born out of an error in
which termination and assimilation were the normal and accepted
Federal policy toward Indians. At that time, it was expected
that the Osage Tribe would fade and disappear into the dominant
American society. However, and thankfully, that has not
happened, and the tide in Federal Indian policy has shifted a
hundred and eighty degrees toward Tribal self determination and
self governments.
It is now time for Congress to reaffirm the inherent right
of the Osage Tribe to determine its own membership and form of
government. It is my hope that if this legislation is enacted
into law, the Osage Tribe will be able to set their own
membership criteria, thus welcoming many more members into the
Tribe. And as a result, a greater number of current and future
generations of Osage children will qualify for Indian
scholarships, Indian health care, and other benefits reserved
for members of federally recognized Indian Tribes.
Additionally, Osage people will no longer have to wait for the
death of a beloved family member before being allowed a voice
in the tribal government. The Osage Tribal Council has
attempted to establish its own membership criteria in the past.
But it is now clear that the ability to correct this age old
matter lies with us in Congress.
I respectfully urge my colleagues to support H.R. 2912, and
it's a pleasure to have this hearing today in the beautiful
hills of Osage County.
With that, I will go back to Mr. Kildee.
The Chairman. Mr. Cole.
STATEMENT OF THE HON. TOM COLE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OKLAHOMA
Mr. Cole. Thank you very much, Mr. Chairman. It is a
particular privilege for me to have the opportunity to be here
as an enrolled member of the Chickasaw Nation, and particular
opportunity for all of us to embrace and reaffirm the sovereign
right of the Osage people and the right of all Native American
people to self government and self determination.
As Congressman Carson said, there was a time, sadly, in our
history when that was not the case. And I think it's a good
thing that we moved well away from that. It's particularly
important for us, I think, here in Oklahoma to re-emphasize the
history of the different sovereign nations and tribes that have
been part of our geography and part of our history for so long
and to recognize what a critical part of our own imagine they
are, what a critical part of our own past and present they are,
and more importantly, what a critical part of our own future
they are. It's a heritage that our state should embrace and
celebrate. And frankly, the Tribe who has contributed so much
now continues to contribute to increasing the economic
prosperity, growth, and future prospects of the state,
something we should never ever forget.
Particularly appreciative of Congressman Lucas for taking
such an important lead role in this critical legislation. He
embraces many tribes in his now enlarged district. He's been a
selfless champion of those.
I want to join the Chairman in thanking my good friend,
Representative Kildee, for making such a long journey to come
down here, as well.
Mr. Chairman, thank you for seeing fit to hold a
Congressional Hearing on this important issue in Oklahoma, and
more particularly within the Osage Nation. So, I look forward
to hearing the testimony, and very much privileged to have an
opportunity to participate in this. I'm hopeful that Congress
will act on this important legislation favorably and quickly.
Thank you very much, Mr. Chairman.
The Chairman. Thank you.
Mr. Kildee.
STATEMENT OF THE HON. DALE E. KILDEE, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF MICHIGAN
Mr. Kildee. Thank you, Mr. Chairman. And thank you for
scheduling this hearing today in the Osage Reservation. I'd
like to acknowledge Chief Jim Gray from Washington and the
Osage Tribal Council Members, Wilson Pipestem, whom I've known
for many years, and particularly Mr. Mark Freeman, who I met in
Washington D.C., and his grandson, Aaron.
Aaron, when I met you--I've known several generations here
now. But when I met you, it put me in mind of my own son who
returned from Baghdad last night. So, thanks for reminding me
of him.
This is a very important issue. I support H.R. 2912 as a
bill that would reaffirm the very inherent right of the Osage
Tribe to determine its own citizenship. I tend to use the word
citizenship rather than membership. I try to remind people in
Congress that--I had to remind a candidate for Governor one
time that sovereign tribes are not social clubs. They are
sovereign tribes.
Article 1, Section 8 of the Constitution, which I carry
with me all the time, defines--it doesn't grant you your
sovereignty. It recognizes your sovereignty. So, I generally
refer to the term citizenship rather than membership.
Particularly when I talk to young Native Americans when
they come to Washington, I remind them that I have two
citizenships. I'm a citizen of the United States, and I'm a
citizen of the state of Michigan, but they have three
citizenships. They're citizens of the United States, and they
have proven it over and over again. Proportionately, more
Native Americans have served in our armed forces and other
groups. They're a citizen of whatever state they may be, and
they're a citizen of their respective tribes. And they have
rights and responsibilities that flow from those three
citizenships.
The 1906 Federal Osage Allotment Act and subsequent
amendments and Federal regulations provide, among other things,
that only persons with a headright share of subsurface mineral
estates may vote in tribal elections.
You can't just be somewhat sovereign. Sovereignty is
sovereignty. Sovereignty means that you can determine your
citizenship. It's inherent, sovereignty. And sovereignty also
gives you the right to form your own type of government, not be
told how many chiefs or sub-chiefs, but form your own type of
government. And this was--you're treated differently than the
other over five hundred tribes in this country. And what we, I
think, have an obligation to do is, when we see an injustice--
that's why I'm very grateful to Mr. Pombo for having this
hearing. When we see an injustice, then we try to remedy that
injustice. Mr. Lucas' bill, which is well written and well
drafted, will remedy that injustice, and lets you exercise the
full sovereignty that you had before the Europeans, my
ancestors, settled here.
The sovereignty we know is affirmed by the U.S. Supreme
Court in John Marshall's Decision. It's a retained sovereignty.
It wasn't something given to you. You retained it. It's a very,
very important claim that all you're asking is that we
recognize all that flows from your retained sovereignty. We're
giving you nothing. We're recognizing that sovereignty. We're
recognizing all the rights that flow with that sovereignty.
Thank you, Mr. Chairman.
The Chairman. Mr. Lucas.
STATEMENT OF THE HON. FRANK D. LUCAS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF OKLAHOMA
Mr. Lucas. Thank you, Mr. Chairman.
Mr. Chairman, Ranking Member, and fellow members of
Congress, I appreciate you bringing the Resources Committee to
Oklahoma to the Third District of Oklahoma to Osage County to
be among the Osage people for this very important hearing. And
I look forward to listening to your statements and the
testimony from members of the Osage Tribe, as well as others
involved with Indian affairs.
The language and culture of the Osage Tribe have a long
lasting effect in and around Oklahoma. Contributions they have
made and their strong unified presence led to the Osage Tribe
becoming federally recognized. However, because, as we've
discussed, of a law created in 1906, the Osage Tribe was not
afforded the same rights as every other federally recognized
tribe. And according to that law, membership will be extended
only to those who own a share of the Osage mineral estate and
their descendants.
Today, there are literally thousands of Osages denied the
benefits of membership to the Tribe simply because they do not
hold a share of the estate.
Currently, all federally recognized tribes throughout
Oklahoma and the United States determine for themselves the
criteria for membership and their system of government. The
only exception is the Osage Tribe.
This disparate Federal policy has adversely affected many
individuals, including young Osages who have been prohibited
from taking advantage of Indian programs. I believe we owe it
to them to work toward a solution to this problem, so that they
will have the same opportunities as members of every other
federally recognized tribe.
The bill I introduced, H.R. 2912, to reaffirm the inherit
sovereign rights of the Osage Tribe to determine its membership
and form of government, was designated to--was designed to
clarify the ninety-eight year old law. It's intended to put the
Osage Tribe on equal footing with all the other federally
recognized tribes by allowing them to determine their own
membership criteria and system of government while protecting
the headrights of the shareholders.
And, Mr. Chairman, in addition to today's testimonies, I
know that you and the Committee will continue to receive
comments from those directly affected by the bill in the coming
days. And I would like to take this opportunity to remind
everyone of the importance of making that input available. And
I know the constraints of the Committee today simply do not
allow everyone probably to offer all the comments they'd like
to. So, I'd like to encourage my constituents, our friends out
here, to send their comments to either my office in Washington
D.C. or to the Resources Committee if they have additional
points or opinions. And I can assure you your words carry
weight and will be helpful to the members of Congress as we
work to craft the most beneficial legislation possible for the
Osage people.
Once again, Mr. Chairman, thank you. And thank you to the
House Resources Committee for this hearing today.
The Chairman. Well, thank you. As to your last comment, I
will tell everybody that is here that we will hold the official
Congressional record open for 10 days to allow people to submit
additional comments. We were not able to accommodate everybody
who wanted the opportunity to testify. And I have already
received one written statement from a Ms. Rosemary Wood, and I
asked that that be submitted to the record at the appropriate
point by unanimous consent. And I know there are additional
people here who desire that additional information be included
in the official record. All you have to do is print it out, and
submit it to the Resources Committee. And Congressman Lucas'
office can forward anything that you submit to the Resources
Committee, and it will be included in the record as part of the
official hearing.
[The prepared statement of Mr. Lucas follows:]
Statement of The Honorable Frank D. Lucas, a Representative in Congress
from the State of Oklahoma
Mr. Chairman and fellow Members of Congress, I appreciate you
making the trip to Oklahoma today for this important hearing. I look
forward to listening to your statements and to the testimonies from
members of the Osage Tribe, as well as others involved with Indian
Affairs.
The language and culture of the Osage Tribe has had a lasting
effect in and around Oklahoma. The contributions they have made and
their strong, unified presence led to the Osage Tribe becoming
federally recognized. However, because of a law created in 1906, the
Osage Tribe was not afforded the same rights as every other federally
recognized tribe. According to that law, membership would be extended
only to those that owned a share in the Osage mineral estate and their
descendants. Today, there are thousands of Osage Indians denied the
benefits of membership to the tribe simply because they do not hold a
share of the estate.
Currently, all federally recognized tribes throughout Oklahoma and
the United States determine for themselves criteria for membership and
their system of government. The only exception is the Osage Tribe. This
disparate federal policy has adversely affected many individuals,
including young Osages, who are prohibited from taking advantage of
Indian programs. I believe we owe it to them to work towards a solution
to this problem so that they will have the same opportunities as the
members of every other federally recognized tribe.
The bill I have introduced, H.R. 2912, to reaffirm the inherent
sovereign rights of the Osage Tribe to determine its membership and
form of government, was designed to clarify the 98-year-old law. It is
intended to put the Osage Tribe on equal footing with all other
federally recognized tribes by allowing them to determine their own
membership criteria and system of government while protecting the
headrights of the shareholders.
Mr. Chairman, in addition to today's testimonies, we will continue
to receive comments from those directly affected by the bill in the
days to come. As much as we would like to give everyone a chance to
testify, time constraints simply do not allow it. However, I would like
to take this opportunity to encourage those who would like to share
their views on this important bill to send their comments either to my
office in Washington or to the Resources Committee. I can assure you
that your words will carry weight and will be helpful to Members of
Congress as we work to craft the most beneficial legislation for the
Osage people. Thank you.
______
[The statement submitted for the record by Ms. Wood
follows:]
Statement submitted for the record by Rosemary Wood,
Osage Nation Membership
My name is Rosemary Wood. I am an Osage Indian of/2 Indian blood
and owner of over one share in the Osage Mineral Estate. I live on
original allotment land in the Osage and I served on the Osage Tribal
Council for two consecutive terms from 1994 through 2002.
I thank you for taking your time to be here today and for this
opportunity to provide input concerning the bill which is now before
you.
I do support this bill. I believe all sovereign nations have the
right to determine their own system of government. More over, I believe
all people have the right to determine how and by whom they shall or
shall not be governed. This has not been the case for the Osage people
since 1906,
Property rights have been and are currently the defining criteria
for membership, or citizenship, in the Osage Nation. Osage people who
do not own a share in the Mineral Estate are not qualified to hold
membership, to vote or to hold office.
The United States of America has built a Federal Government which
serves as a model for other nations. A government based on individual
rights and equality under the law. America so believes in
representative government that America has withdrawn trade relations
with those who insist on policies of economic or political
discrimination, such as the apartheid system of South Africa. Yet,
within the very boundaries of the United States itself there exists a
tribal government more closely resembling apartheid than democracy.
Four Councils have passed resolutions defining membership as all
lineal descendants of the original allottees. The BIA has turned a deaf
ear to tribal laws defining membership and has insisted on a narrow
interpretation of the Osage Indian Allotment Act of 1906 reserving
membership to those with mineral estate shares.
It is with pride and gratitude that I encourage representative of
the United States Government and those of the Osage Nation's Government
to continue their efforts to rectify this injustice and give all Osage
equality under the law.
______
[A letter submitted for the record by Mrs. Howard M. West,
Jr., Pawhuska, Oklahoma, follows:]
412 E. 15`h Street
Pawhuska, OK 74056
March 19, 2004
Honorable Richard Pombo
Chairman, Resources Committee
1324 Longworth House Office Building
Washington, DC 20515
RE: H.R. 2912
Dear Representative Pombo:
Words cannot convey the gratitude I have for you convening the
field hearing on H.R. 2912 here in Oklahoma and to the members and
staff of the Resources Committee and Representative Lucas who took the
time and trouble to give our Osage people the opportunity to express
our reasons for needing a change in our Osage Nation's government. I am
requesting that you place this letter in the official record for the
hearing as my testimony on H.R. 2912..
I have been a shareholder since age 18 (I am now 78) when my dear
father, a full-blood Osage and original allottee, passed away; and I
have never thought it was right to have to lose a loved one in order to
be able to participate in one's tribal government.
And yes, as far as I know, Osages have the unique distinction of
being the only Indian Nation in the United States to require property
ownership (in the mineral trust) to be considered a citizen with voting
rights. Was not the Twenty-fourth Amendment (Section 1) of the U.S.
Constitution enacted for the express purpose of abolishing that
requirement?
At the time of allotment (1906), there was a language and cultural
barrier that no longer exists. Consequently, we are fully able to
express our wishes and to understand more completely the changes we
seek. in our government 1.
---------------------------------------------------------------------------
\1\ I know of two brothers who were bequeathed land instead of
headright interests because their father wanted to make sure his third
set of young children would be provided for until they were grown-the
older sons were already grown, but they never were able to vote or hold
office.
---------------------------------------------------------------------------
No doubt, at the time, the federal government established the Code
of Federal Regulations, or its predecessor, for their Osage wards'
protection; but alas, at the same time it hamstrung our Osage Nation's
ability and initiative to handle our own affairs-as we had been doing
from time immemorial. For the past 10 years we Osages have been paying
the price for the federal government's well-meaning but inept
intentions. But who could foresee the future? Despite technology,
humanity still has unresolved problems.
How many laws have been enacted, expanded, or even changed since
the founding of this country? Especially in the past century? So it
stands to reason that the rules by which our Osage Nation is governed
should change too.
And, incidentally, I was so pleased that Representative Kildee made
the distinction between ``citizenship'' and ``membership'' when
alluding to the issues addressed by H.R. 2912.
And as far as some of our non-shareholders taking so long to
approach Congress about the inequity of our government participation,
it has been tried before. There was the Logan vs. Andrus case in
federal court, but the court ruled that it was not the proper
``aggrieved parties'' who sued.
Then in the early 1970's, three young, non-shareholding Osage men
2 approached then Senator Henry Bellmon, of Oklahoma, who
said he would introduce such a bill if they would bring him three
hundred signatures on a petition. They did and he did. But the bill
failed because too many of the Osage share-holders were afraid the non-
shareholders, who numbered in the majority of the tribe, would want to
redistribute the mineral estate, despite the assurances it would not be
done.
---------------------------------------------------------------------------
\2\ Andrew Gray, Jr., oldest brother of our present Chief, James
Gray; Howard West III, my son; and Charles Pratt, Jr., first Principal
Chief of the unrecognized Osage National Government.
---------------------------------------------------------------------------
Then again in 1986, our people were faced with three crises: (1)
the status of the government after the demise of the last original
allottee; (2) erosion of our land base by sale and enforcement of
eminent domain; and (3), dissatisfaction by some of us with how our
business was being handled, or not being handled. Except for oil
companies, business and industry did not want to deal with a nation (or
tribe) divided. Our economic development has been stymied all these
years.
So some of the descendants of the Osage 1881 Constitution
signatories, by which we were governed after our removal here from
Kansas, approached our then Osage Tribal Council to explore the
possibility of reaching an accommodation that would include and be of
benefit to all of Nation. Unfortunately, the Osage Tribal Council
lacked the vision to see beyond the mineral estate and the dilution of
their power-which your panel so astutely observed as being the case
with most political situations.
So the descendants appealed to our congressmen and the Bureau of
Indian Affairs to help us resolve this dilemma. Both entities appeared
to be reluctant-or frightened-to use their legislative authority to
rectify this abominable travesty.
With nothing to lose, the descendants of the signatories of the
1881 Constitution met in convention according to the rules of the 1881
Constitution to reactivate, restore, and amend that document.
It was only as a last resort that we sued the Unites States, the
Secretary of the Interior (who represents the BIA); and our Osage
``Tribal'' Council (who represents only shareholders). This was the
beginning of Fletcher et al vs. United States et al. 3
---------------------------------------------------------------------------
\3\ Two Osage shareholders, William S. Fletcher and Juanita W.
West; and two Osage nonshareholders, Ida B. Woody (who was age 80 at
the time) and Charles Pratt, Jr., one of the young men mentioned above
and who only recently did he become a shareholder upon the death of his
mother. These 4 represented some 200 Osage citizens who registered at
our initial convention and desired a change in our Osage government.
---------------------------------------------------------------------------
Finally, in 1994 (after much time, effort and expense) our National
Council prevailed and there was an election for every Osage citizen
over 18 years of age. The ``Tribal'' Council was relegated to simply
``overseeing'' the mineral estate, i.e. approving leases.
Astonishingly, the Chief of the Osage Tribal Council whom we had
originally approached (but who denied us an audience) was elected
President of the National Government. His successor, and the Osage
Tribal Council, appealed the federal district court's decision (after
we had an election), so we all went to the Tenth Circuit Court of
Appeals in Denver. Despite a valiant effort on our Plaintiffs' part and
that of our attorney, the Tenth Circuit Court referred us back to
Congress. How many times must we get the run-around?
At last we have a chief and council who listen to the people. That
is why we are so heartened by your Committee's holding a field hearing
instead of having it in Washington. Which only a few of us were able to
do in the past- more than once.
I represent no one's opinion but my own, but from the bottom of my
heart, I thank you for this hearing.
Sincerely,
Mrs. Howard M. West, Jr.
cc: Hon. Dale Kildee
Hon. Brad Carson
Hon. Tom Cole
Hon. Frank Lucas
______
[NOTE: Information submitted for the record by Terry D.
Kennedy, Wynona, Oklahoma, has been retained in the Committee's
official files.]
The Chairman. I would like to call up our first witness,
Ms. Jeanette Hanna, the Bureau of Indian Affairs Regional
Director for Eastern Oklahoma.
I'd like to take this time to remind all of today's
witnesses that under our Committee rules oral statements are
limited to 5 minutes. Your entire statement will appear in the
record as submitted.
The Committee regularly swears in witnesses at hearings.
And if I could ask you to stand and raise your right hand.
Do you solemnly swear or affirm under the penalty of
perjury that the responses given and the statements made will
be the whole truth and nothing but the truth?
The record shows she answered in the affirmative.
Thank you very much for being here with you us today.
And when you're ready, you can begin.
STATEMENT OF JEANETTE HANNA, DIRECTOR, EASTERN OKLAHOMA REGION,
BUREAU OF INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
Ms. Hanna. Thank you, Mr. Chairman.
Good morning, Mr. Chairman and members of the Committee. My
name is Jeanette Hanna. I'm the Regional Director for the
Eastern Oklahoma Region of the Bureau of Indian Affairs. I am
pleased to be here on the Department's behalf to discuss their
position on H.R. 2912.
The Department supports a legislative solution to correct
this longstanding issue to the Osage Tribe. This legislation
will resolve a long history of uncertainty among the Indian
people who can trace their family heritage to the Osage Tribe,
yet due to the governing statute enacted in 1906, only tribal
individuals with an ownership interest in the mineral estate
can be officially recognized as member of the Tribe.
H.R. 2912, if enacted, will allow the recognized Osage
Tribal Government to be the official representative of all
Osage people. The bill will allow all Osage tribal members to
participate in tribal matters including the selection of their
leadership.
The Department has met with Principal Chief and other
elected officials of the Osage Tribe who advised us of their
intent to seek a legislative remedy regarding this membership.
One concern the Department has is the Federal Government has
held that the tribal government must adhere to the 1906 Act
provisions. The judiciary recognized that the legislative
branch is an entity that had to make any change in form
mandated by the 1906 Act.
If H.R. 2912 is enacted, we, the Department, will be happy
to work with the Osage Tribe at its request to assist in
conducting an election to implement the provisions of the bill.
We also recommend that there should be an express provision in
the bill that prohibits any form of government that diminishes
the property interests of the headright holders.
That concludes my statement. I'll be happy to answer any
questions.
[The prepared statement of Ms. Hanna follows:]
Statement of Jeanette Hanna, Director, Eastern Oklahoma Region,
Bureau of Indian Affairs, U.S. Department of the Interior
Good morning, Mr. Chairman and Members of the Committee. My name is
Jeanette Hanna, and I am the Director for the Bureau of Indian Affairs
(BIA) Eastern Oklahoma Region. I am pleased to appear before the
Committee today to present the Department's position on H.R. 2912, ``a
bill to affirm the sovereign rights of the Osage Tribe to determine its
membership and form of government.''
The Department supports a legislative solution to correct this
longstanding issue for the Osage Tribe. This legislation will resolve a
long history of uncertainty among Indian people who can trace their
family history to the Osage Tribe, yet, due to the governing statute
enacted in 1906 by the Congress, only tribal individuals with an
ownership interest in the mineral estate can be officially recognized
as members of the Osage Tribe with full membership rights.
H.R. 2912, if enacted, will allow the recognized Osage tribal
government to be the official representative of all Osage Indian
people. The bill will allow all Osage tribal members to participate in
tribal matters, including the selection of their leadership.
The Department has met with Principal Chief Jim Roan Gray and other
elected representatives of the Osage Tribe, who advised us of their
intent to seek a legislative remedy regarding their membership. One
concern the Department has is, the U.S. Court of Appeals, 10th Circuit,
in 1997 found: ``[i]n summary, Congress terminated the power of the
Osage Tribe to create a form of tribal government inconsistent with the
prescription of the 1906 Act.'' (Fletcher v. United States, 116 F.3d
1315, 1329). The judiciary recognized that the legislative branch had
to make any correction in the form mandated by the 1906 Act.
If H.R. 2912 is enacted, we will be happy to work with the Osage
Tribe, at its request, to assist in conducting an election to implement
the present subsection (b)(2) reaffirming the inherent sovereign right
of the Osage Tribe to determine its own form of government. We also
recommend that there should be an express provision in subsection (b)
(1) that prohibits any form of government that diminishes the property
interests of the headright holders.
That concludes my statement. I will be happy to answer any
questions that you may have.
______
The Chairman. Can you--if you could, if you could give us
an idea of why this has been in place for so long. It appears
that since Mr. Lucas brought this legislation to the Committee,
that there's very widespread support for moving forward with
this legislation. Can you give me an idea of why this has been
in place for so long without there being Congressional action
on this.
Ms. Hanna. Honestly, Congressman, I have no idea.
The Chairman. Is there--as far as you know, is there any
reason to maintain the current status that was outlined in the
1906 Act.
Ms. Hanna. In today's world, no, sir. I don't believe
there's any reason to maintain the status.
The Chairman. Are you aware of any widespread opposition to
opening this up and giving the Tribe the right or returning to
the Tribe the right to determine what its citizenship is.
Ms. Hanna. No, sir. I'm not aware of any widespread
opposition.
The Chairman. Well, thank you very much.
Mr. Kildee. Thank you.
I'd ask you this question. Would this legislation, in your
experience and in your background, grant any special rights
that other tribes do not have.
Ms. Hanna. No, sir. I don't believe so. I believe it would
put them on an even platform with the other tribes.
Mr. Kildee. They would be--they would have what the other
five hundred plus tribes have.
Ms. Hanna. Five hundred and sixty-one tribes that decide
their own membership.
Mr. Kildee. I keep track--I've helped several tribes get
their sovereignty reaffirmed. So, I understand exactly what
distinguished tribes that the BIA--fifty sixty-one now. So,
they would have equal rights.
Ms. Hanna. Yes, sir.
Mr. Kildee. And equal rights is a very important concept
both among sovereign Indian Nations and the United States and
the State of Oklahoma, right.
Ms. Hanna. Right.
Mr. Kildee. Thank you very much.
The Chairman.
The Chairman. Mr. Cole.
Mr. Cole. Thank you very much, Mr. Chairman.
Just a couple of questions, because most of them have
already been answered. But just to be very specific on this,
are you aware of any other tribes that would have any objection
to this legislation at all.
Ms. Hanna. No, sir. I don't think any other tribe would
have any objection recognizing the sovereignty.
Mr. Cole. So, it's a situation quite unique to the Osage
that would not intend to----
Ms. Hanna. This is very unique to the Osage.
Mr. Cole. Is there any other--do you happen to know, just
out of curiosity, why this was written this way in the first
place.
Ms. Hanna. I believe in one of the opening comments that at
the time of our history in the early 1900's, they thought the
Tribe probably would be assimilated into the main stream
society as they knew it then. And I think it's just a sign of
the times back then.
Mr. Cole. Do you think legislation, as it was written, was
originally designed to speed that simulation, or just simply
indifferent to the possibilities.
Ms. Hanna. I think probably a lot of personal opinions on
that could be argued. But I think it's just a pure sign of the
times and the history of our nation.
Mr. Cole. Well, I want to thank you for appearing here, and
appreciate your support of the legislation and the Department's
support of legislation. Thank you very much.
Back to you, Mr. Chairman.
The Chairman. Mr. Carson.
Mr. Carson. Good to see you here, Ms. Hanna.
A couple of questions for you. If the legislation passes,
what will be the role of your office or the BIA in Washington
in helping the Osage Tribe establish membership criteria, and
will those require any approval from your office or from the
Washington office.
Ms. Hanna. I think the role of the Bureau of Indian Affairs
and its Department will provide any of the technical assistance
that they may request of the Bureau of Indian Affairs. I think
the tribal legislation is intent to let the Tribe determine its
own internal workings as it will request of the government,
then we will step in.
As far as clearances, it would depend on the content of the
legislation itself. It would require one final sign off like we
have in Tribal Constitutions. The Tribal Constitutions, if
there's any change, there is a recommendation from my level, at
the regional director's level, and then final approval by the
assistant secretary.
Mr. Carson. Now, you said it depends on the contents of
legislation. You mean the underlying bill we're talking about
today.
Ms. Hanna. Right. If it changes--if the bill, as written,
says, you know, that this--you know, we leave it up to the
Osage Tribe. Then, we will just sort of work in a third person
capacity, at their request, if they need any assistance.
Mr. Carson. And, obviously, in your role as the Regional
Director for kind of the heart of Indian country in this state
and in the nation, you oversee as kind of the representative of
the Federal Government, which has a fiduciary responsibility to
tribes, a number of the Federal programs that individual Tribal
members can avail themselves of. Do you have a sense, because
of the kind of unusual history of Osage Nation membership, what
benefits or entitlements from the Federal Government that Osage
members, or, say, someone whose parents are both members of the
Osage Nation but themselves do not have a headright, would not
have that perhaps--let me rephrase that, because I didn't state
that very artfully.
You have a strange situation for Osage country that someone
could have both parents who are full blood Osage, but they
themselves do not have a voice in Tribal Government and would
not necessarily be recognized as a member of the Tribe until
which time as they inherited the headright from their parents.
Is that not correct.
Ms. Hanna. Uh-huh.
Mr. Carson. And because of that, are there certain rights
or benefits that across the Nation every other tribal member
would have, access to Indian health service, for example, a
wide variety of Federal benefits, that that person that I put
forth said who's not given theirs and would not be eligible for
despite the fact that he himself is a full blood Osage.
Ms. Hanna. I could think of two immediate instances.
One is--it's determined in the Indian preference, only that
you need--you have to have a certificate of Indian blood. It's
what we use for verification on that.
Right now, there's a special proviso for the Osage to have
a--to be recognized with Indian preference. That proviso would
go away with this bill in that members of the Osage would be
treated like any other member of a federally recognized tribe
in claiming Indian preference. There would not be any
exception.
The other instance is for programs, our eligibility for
first criteria of eligibility is Indian of a federally
recognized tribe. So, it would just be--you know, you wouldn't
have to prove a blood level or a headright for that.
Mr. Carson. And how frequently--you said there's a proviso
of the various laws of Indian preference to deal with the
unusual situation of the Osage; is that correct.
Ms. Hanna. Yes.
Mr. Carson. How common are those kind of provisos
throughout Indian law which would have some kind of special
rule because of a set administrative circumstances to qualify
as a formally recognized member of the Osage Nation.
Ms. Hanna. When I first did a quick scan of our twenty-five
seat of--our governments governing the Bureau's operations, the
Osage alone was numbering, like what, eleven to fifteen
specific provisos specific to the Osage.
Mr. Carson. And all of those, you would estimate, would go
away with this legislation were it to pass.
Ms. Hanna. Or simplify them. They wouldn't all go away.
Mr. Carson. Well, thank you for being here today.
The Chairman. Mr. Lucas.
Mr. Lucas. It's a pleasure, Mr. Chairman.
Director, one simple question. We operate in a very
challenging budget time line in the Nation's Capitol these
days. With the implementation of this legislation, would you
need any additional funds at your bureau to implement this
language.
Ms. Hanna. At this point, I--I hate to say no, but I would
say very minimal. I see a minimal impact on the increase there.
Mr. Lucas. Very minimal. I like that number.
Thank you, Director.
The Chairman. Well, thank you very much. If there are
additional questions that the panel has, they will be submitted
to you in writing. If you can answer those in writing to be
included in the record. I think you pretty much answered
everything that any member had. As we listen to the rest of the
testimony, if there are other questions, we will submit those
to you in writing. And if you can have those answered for us,
we can include them in the record, and I would appreciate it.
Ms. Hanna. Thank you, Mr. Chairman.
The Chairman. Thank you very much.
I'd like to call up our second panel consisting of
Principal Chief Jim Gray and Councilman Mark Freeman. If you
could join us at the witness table.
Before you sit down, I'd like to have both of you raise
their right hand.
Do you solemnly swear or affirm under the penalty of
perjury that the responses given and the statements made will
be the whole truth and nothing but the truth?
Chief Gray. I do.
Mr. Freeman. I do.
The Chairman. Thank you very much.
Can you join us at the table.
Let the record show they both answered in the affirmative.
Well, thank you very much for being here. The Committee is
honored to have you here to participate in this hearing and to
give us your statements and questions.
Chief, if you're ready, you can begin.
STATEMENT OF CHIEF JIM GRAY, PRINCIPAL CHIEF,
OSAGE TRIBE
Chief Gray. Thank you, Chairman Pombo.
On behalf of the Osage Nation, I would like to welcome you,
Chairman Pombo, Congressman Lucas, Congressman Kildee,
Congressman Cole, Congressman Carson to the Osage Reservation.
I am pleased that the Resources Committee has come to hear
Osage voices about this important legislation. We are honored
by your presence.
House Resolution 2912 would reaffirm the Osage Nation's
inherent sovereign rights to establish its own form of
government and membership criteria without diminishing the
Osage mineral estate. I testify today in strong support of this
legislation.
Many years ago our Osage people lived on a reservation in
Kansas. The leadership of the Tribe at that time sent a man
named Wa-ti-an-ka to this area to look at this land, and
advised the Tribe whether this was a suitable place for our
children and elders. When he returned, he said the Osages
should move to this place, our current reservation, because he
believed that there was something in this land that would take
care of the Osage people in the future. Our children would
never starve, and our elders could live without fear.
Many of us through the years believe Wa-ti-an-ka was
referring to the oil that was discovered in the Osage years
later. Income from oil has provided our people with a degree of
comfort over the years. But in 2004, we understand that Wa-ti-
an-ka may have been talking about more than the oil. He may
have been referring to that which will sustain the Osages into
this century, the sovereignty of the Osage Tribe.
The legislation this Committee is considering today would
move the Osage Tribe forward in a historic way toward this
sustenance. It would allow the Osage people to define who we
are and who we will be.
Today the question of who the Osage Indians are, at least
as a legal matter, is murky and fraught with uncertainty. In
1906, Congress said that only those who the Secretary of
Interior determines are Osage will be Osage for purposes of
receiving land allotments and a headright, the right to receive
a pro rata distribution of income from the mineral estate. Yet
the Federal Courts and the BIA have interpreted the Secretary's
identification of Osages as Osage membership for all purposes.
Even further, Osage membership for purposes of voting and
eligibility for elected tribal office is limited to Osages with
headrights. These interpretations effectively disenfranchise
thousands of Osages. The Osage Tribe is concerned about the
political rights of Osages who cannot participate in Osage
government in any formal way. This is wrong. And despite the
efforts of the Osage Tribal Council to remedy this problem
through its own power on at least four occasions since 1980,
today the problem continues. The good news is that the courts
and the B.I.A. Have made clear that Congress holds the
authority to clarify the powers of the Tribe, so we know where
the remedy lies. We know that we are in the right forum today.
And we know that the time has come for the Osage Tribe to take
its rightful place.
With regard to our form of government, Congress dictated to
the Osage people in 1906 that we would have a Principal Chief,
an Assistant Chief, and eight Council members. Today, we
continue to follow this mandate, but there is one serious
problem with this government form. It is not Osage. It is not
of our making. It does not reflect Osage values. It is an
imposition.
We have adapted, over the years, to make this government
work for the Osage as best we could. Where Congress has not
expressly abrogated our powers, we have exercised our
sovereignty and been able to do good things for our people. But
today, we have an unjust government. It unfairly excludes
Osages who do not happen to have a headright.
With the ingenuity of our people, we will have a strong
government that works for the people, not against them. This
legislation would clarify that the form of government in 1906
is not mandatory, and that Osage tribal government can adapt to
changing times for the good of all its people.
Today, the Osage people are looking to Congress to pass a
new law, one that respects the true essence of any nation, the
right to self determination. This is the policy of the United
States toward Indian tribes having disclaimed the disastrous
policies of allotment and assimilation that led to the problem
we seek to solve today. We believe tribal self determination
and Federal support of strong tribal government is exactly the
right policy today, and it is the policy that guides this
legislation.
As Principal Chief of the Osage Nation, the Chief of a
Council made up of and elected by only headright holders, I ask
you to allow the Osage Tribe and its people the freedom to
define our own citizenship, our own form of government, and our
own future.
Thank you for this opportunity. I'd be pleased to answer
any questions that the Committee may have.
[The prepared statement of Chief Gray follows:]
Statement of Jim Gray, Principal Chief, Osage Tribe
On behalf of the Osage Nation, I would like to welcome you,
Chairman Pombo, Congressman Lucas, and the members of the House
Resources Committee to the Osage Reservation. I am pleased that the
Resources Committee has come to our home to hear Osage voices about
this important legislation. We are honored by your presence.
House Resolution 2912 would reaffirm the Osage Nation's inherent
sovereign rights to establish its own form of government and membership
criteria without diminishing the Osage mineral estate. I testify today
in strong support of this legislation.
Many years ago, our Osage people lived on a reservation in Kansas.
The leadership of the Tribe at that time sent a man named Wa-ti-an-ka
to this area to look at this land and advise the Tribe whether this was
a suitable place for our children and elders. When he returned, he said
the Osages should move to this place, our current Reservation, because
he believed that there was something in this land that would take care
of the Osage people in the future. Our children would never starve and
our elders could live without fear.
Many of us through the years believed Wa-ti-an-ka was referring to
the oil that was discovered in the Osage years later. Income from oil
has provided our people with a degree of comfort over the years. But in
2004, we understand that Wa-ti-an-ka may have been talking about more
than the oil; he may have been referring to that which will sustain the
Osages into this century: the sovereignty of the Osage Tribe.
The legislation this Committee is considering today would move the
Osage Tribe forward in a historic way toward this sustenance. It would
allow the Osage people to define who we are, and who we will be.
Today, the question of who the Osage Indians are--at least as a
legal matter--is murky and fraught with uncertainty. In 1906, Congress
said that only those who the Secretary of the Interior determines are
Osage will be Osage for purposes of receiving land allotments and a
``headright,'' the right to receive a pro rata distribution of income
from the Osage mineral estate. Yet, the federal courts and the BIA have
interpreted the Secretary's identification of Osages as Osage
membership for all purposes. Even further, Osage membership for
purposes of voting and eligibility for elective tribal office is
limited to Osages with headrights. These interpretations effectively
disenfranchise thousands of Osages. The Osage Tribe is concerned about
the political rights of Osages who cannot participate in Osage
government in any formal way. This is wrong. And despite the efforts of
the Osage Tribal Council to remedy this problem through its own power
on at least four occasions since 1980, today the problem continues. The
good news is that the courts and the BIA have made clear that Congress
holds the authority to clarify the powers of the Tribe, so we know
where our remedy lies. We know that we are in the right forum today.
And we know that the time has come for the Osage Tribe to take its
rightful place.
With regard to our form of government, Congress dictated to the
Osage people in 1906 the we would have a Principal Chief, an Assistant
Principal Chief, and eight Council members. Today we continue to follow
this mandate. But there is one serious problem with this government
form: It is not Osage. It is not of our making. It does not reflect
Osage values. It is an imposition.
We have adapted over the years to make this government work for the
Osage as best we could. Where Congress has not expressly abrogated our
powers, we have exercised our sovereignty and been able to good things
for our people. But today, we have an unjust government. It unfairly
excludes Osages who do not happen to have a headright.
With the ingenuity of our people, we will have a strong government
that works for the people, not against them. This legislation would
clarify that the form of government in the 1906 is not mandatory, and
that Osage Tribal government can adapt to changing times for the good
of all its people.
Today, the Osage people are looking to Congress to pass a new law,
one that respects the true essence of any nation, the right to self-
determination. This is the policy of the United States toward Indian
tribes, having disclaimed the disastrous policies of allotment and
assimilation that led to the problem we seek to solve today. We believe
tribal self-determination and federal support of strong tribal
government is exactly the right policy today. And it is the policy that
guides this legislation.
As Principal Chief of the Osage Nation, the Chief of a Council made
up of, and elected by, only headright holders, I ask you to allow the
Osage Tribe and its people the freedom to define our own citizenship,
our own form of government, and our own future.
Thank you for this opportunity. I would be pleased to answer any
questions you may have.
______
The Chairman. Thank you.
Mr. Freeman.
STATEMENT OF MARK FREEMAN, COUNCILMAN,
OSAGE TRIBE
Mr. Freeman. Gentlemen, I first want to thank you once more
publicly for bringing this hearing here to us and for the hard
labor that you've done coming this far with this bill.
I would like to depart one moment and introduce my wife,
Eleanor, if she'll stand back here. She'll probably be mad at
me. I want to point out she's the grandmother of twenty-five
Osage grandchildren who, under the present scheme of things, of
course, are not acknowledged members of the Tribe, and also,
twelve--at this late count, twelve great-grandchildren. So, if
that points out possibly to you something. But thank you for
allowing me to do this.
Members of the House Resources Committee, I am Mark
Freeman, Councilman of the Osage Tribe, elected only by
shareholders in the Osage mineral estate. I am Chairman of the
Membership Committee of the Council. I am also eighty-three
years old, which qualifies me as an elder of the Tribe. I am
humbled by the invitation to testify here today, and I do so in
strong support of this legislation.
I graduated from Ponca City High School in 1938, Northern
Oklahoma Junior College in 1940, and I also attended Oklahoma
University from '40 to '41. I enlisted as a U.S. Naval Cadet in
1942, commissioned a 2nd Lieutenant in the U.S. Marine Corps
Reserves, Navigator in 1943, and served overseas in the South
Pacific Solomon Islands Campaign. In 1943, '44, I was Navigator
Aid to General Moore, Executive Officer, Second Marine Air
Wing, Bougainville. I resumed Pilot Training in 1944 and
received Pilot Wings August 1945. I was released to inactive
duty as a First Lieutenant, United States Marine Corp Reserves
in February 1946.
I started ranching in Osage and Noble Counties in '46. And
in 1967, I established a ranch north of Pawhuska on the Osage
Reservation. I continue to operate that ranch today.
In 1967, I was elected as a member of the Federal Land Bank
Board and served in that capacity until I retired in 1991. In
that twenty-four year period, I served on various committees of
the Twelfth Farm Credit District, Oklahoma, Kansas, Colorado,
and New Mexico. During all of those years, I was an Osage by
blood, but was not recognized by the Bureau of Indian Affairs
or the Federal Government as a member of the Osage Tribe.
My mother, who was an original allottee of the Tribe, died
in 1992 at the age of ninety-one. I inherited her headright.
That made me eligible, at the age of seventy-three, for the
very first time to vote in the Osage Council election in 1994.
I know of many others, because of strange historical twists in
the wills and probates of Osage estates, and that's another
long story for another day. We could go on with this. But who
are Osage, but may never have the right to participate in Osage
government. This is unfair and simply should not be.
There are a fixed number of Osage headrights, twenty-two
hundred and twenty-nine, the same number of individuals on the
1908 roll established by the secretary. Now, non-Osages own
approximately twenty-five percent of those headrights.
Including in some of those are bankrupt oil companies, non-
Indians, other individuals, other governments. And being born
to an Osage family does not mean an individual will ever become
a headright owner. A headright is a federally protected
property right, as it should be, that an Osage individual can
bequeath to a favored son or daughter or to another Osage
person. And unfortunately, tribal rights and Federal
protections afforded only to Indians are tied to headright
interests because of the outdated membership rules.
I have lived many years, through years of service in the
military and living and working here in Osage country. And I've
come to understand the structural inequities of the Osage
government that are beyond our people fixing ourselves. A
problem created by Congress well before I was born, Federal law
excludes most Osages from participating in the government
closest to them, Osage tribal government. I'm not burdened with
a law degree, but this defies common sense. What I am burdened
with is my conscience and good teachings that direct me to act
on behalf of my children and grandchildren who, despite their
pride in being Osage, cannot participate in Osage government. I
am here, as well as in my financial capacity, as their
emissaries and the emissary of all other young Osage seeking
justice for them and their grandchildren to be.
Mr. Chairman, Congressman Lucas, all of the other good
members of Congress who have come to this place to hear from
the Osage about this legislation, this bill does not cost the
Federal Government any money. We're not asking for land. We're
not talking about gaming or some other area of concern. The
Osages are asking for basic human and civil rights, rights that
all other tribes have. I ask that you take what you have heard
today back to Washington D.C., and pass this bill as
expeditiously as possible. The Osage Nation's future depends
upon your actions.
Thank you for this opportunity. I would be pleased to
answer any questions you may have.
[The prepared statement of Mr. Freeman follows:]
Statement of Mark Freeman, Councilman, Osage Tribe
Members of the House Resources Committee, I am Mark Freeman,
Councilman of the Osage Tribe, elected only by shareholders in the
Osage mineral estate. I am Chairman of the Membership Committee of the
Council. I am also 83 years old, which qualifies me as an elder of the
Osage Tribe. I am humbled by the invitation to testify here today, and
I do so in strong support of this legislation.
I graduated from Ponca City High School in 1938, Northern Oklahoma
Junior College in 1940, and I also attended Oklahoma University from
1940-1941. I enlisted as a U.S. Naval Cadet in 1942, commissioned a 2nd
Lt. USMCR, Navigator in 1943, and served overseas in the South Pacific
Solomon Islands Campaign. In 1943-1944, I was a Navigator Aide to
General Moore, Executive Officer, 2nd Marine Air Wing -Bougainville. I
resumed Pilot Training in 1944 and received Pilot Wings August 1945. I
was released to inactive duty as a 1st Lt., United States Marine Corp
Reserve in February 1946.
I started ranching in Osage and Noble Counties in 1946, and, in
1967, I established a ranch north of Pawhuska, on the Osage
Reservation. I continue to operate that ranch today. In 1967, I was
elected a member of the Federal Land Bank Board and served in that
capacity until I retired in 1991. In that 24-year period I served on
various committees of the 12th Farm Credit District- Oklahoma, Kansas,
Colorado, and New Mexico. During all those years, I was an Osage by
blood, but not recognized by the Bureau of Indian Affairs or the
Federal Government as a member of the Osage Tribe.
My mother who was an original allottee of the Tribe died in 1992,
at the age of 91. I inherited her headright. That made me eligible at
the age of 73--for the very first time--to vote in the Osage Council
election of 1994. I know of others because of strange, historical
twists in the wills and probates of Osage estates (another long story
for another day) who are Osage but may never have the right to
participate in Osage government. This is unfair and simply should not
be.
There are a fixed number of Osage headrights, 2229, the same number
of individuals on the 1908 roll established by the Secretary. Now non-
Osages own approximately 25% of those headrights, including some
bankrupt oil companies and non-Indians. And being born to an Osage
family does not mean an individual will ever become a headright owner.
A headright is a federally protected property right (as it should be)
that an Osage individual can bequeath to a favored son or daughter, or
to another Osage person. And, unfortunately, Tribal rights and federal
protections afforded only to Indians are tied to headright interests
because of the outdated membership rules.
I have lived many years, through years of service in the military
and living and working here in Osage country, and I have come to
understand the structural inequities of Osage government that are
beyond our people fixing ourselves. A problem created by Congress well
before I was born, federal law excludes most Osages from participating
in the government closest to them, Osage Tribal government. I am not
burdened with a law degree, but this defies common sense. What I am
burdened with is my conscience and good teachings that direct me to act
on behalf of my children and grandchildren who, despite their pride in
being Osage, cannot participate in Osage government. I am here, as well
as my official capacity, as their emissaries, seeking justice for them
and their grandchildren to be.
Mr. Chairman, Congressman Lucas, all of the other good members of
Congress who have come to this place to hear from the Osage about this
legislation, this bill does not cost the federal government any money,
we're not asking for land, we're not talking about gaming or some other
area of concern, the Osages are asking for basic human and civil
rights--rights that all other tribes have. I ask that you take what you
have heard today back to Washington, D.C., and pass this bill as
expeditiously as possible. The Osage Nation's future depends upon your
actions.
Thank you for this opportunity. I would be pleased to answer any
questions you may have.
______
The Chairman. Thank you, Councilman.
Chief, if I could, in your testimony, you talked about
previous attempts to solve or resolve this situation. Can you
expand on that a little bit for the Committee.
Chief Gray. In the past twenty-five years, there has been
several attempts to try to remedy this problem through CFR
changes, as well as through the Federal Courts. And in the most
recent case, in an appellate decision in 1998, known here as
the Fletcher One, there was a determination that Federal Court
was not the right avenue with which to resolve this problem and
striking down the creation of the National Council for a lower
Court decision. It basically, essentially said that Congress
created this problem, and Congress needs to fix it.
The Chairman. Were there previous legislative attempts.
Chief Gray. No, sir.
The Chairman. So, it was not until after that particular
court decision that the decision was made that it had to be
done with legislation.
Chief Gray. That is the--that is the way the Council has
come to this decision, that it was clearly based on our
interpretation of Court decisions, as well as input from the
community and the series of hearing the Tribe held a year and a
half ago requiring this very issue. And it was quite clearly
explained by both attorneys of the Osage Tribe, who volunteered
their time to research this issue and provide input to the
Tribal Council to formulate a better policy decision, and this
was the result of that work.
The Chairman. It's somewhat puzzling to me that the Osage
would be the only ones that this happened to. You know, it
seems like if you go back and research, that as we go through
different periods, there's, you know, one block that will be
treated one way, and then twenty years later or thirty years
later there's something somebody else that comes along with a
different idea, and you end up with something different. It's
somewhat confusing that we ended up with just the Osage in
this, from what I can gather, is a unique situation. And I know
I'm sure that at the time it might have made sense, or they may
have had some justification for why they did it. But us looking
back on it almost a hundred years later, it doesn't make a lot
of sense to us, to the Committee, that we ended up with this.
Do you have any insight that has come out of the research
that you've done of why the Osage were treated differently.
Chief Gray. Well, I think you a--and I'm not trying to draw
any chuckles from the audience here today. But you used the
word unique. And it's a word that has been in our tribe for
years. And it is both a blessing and a curse to be this unique
sometimes. But I would say that there has been an enlightened
view by not just how the Osages are treated, but also in terms
of how Indian Tribes, in general, are treated, that the policy
of self determination probably helps resolve this issue best in
allowing the tribes to formulate internal government reforms
that meet the needs of their community.
So, I would say that the reason it may have lingered, may
have largely to do with the internal governments of the Tribe
to come to that conclusion itself, and then seek remedy. That
brings us back here.
So, my belief was that the policy of self determination is
the policy of the Federal Government in its dealings with
Native Tribes around the country. And this bill is consistent,
as my testimony stated, is consistent with that philosophy that
Osages are best suited to solve these problems internally. But
it had to start with us first. We had to make that decision
ourselves, and then come to you. And I think that's what was
missing.
The Chairman. To satisfying my curiosity, both you and the
Councilman talked about the election being only of headright
owners. If someone is a--owns half, inherits half of a
headright, do they get half of a vote.
Mr. Freeman. That's correct.
The Chairman. That--really.
Mr. Freeman. As it is today, if they got one sixty-fourth,
they get one sixty-fourth of a vote.
The Chairman. Boy, election nights must be a lot of fun.
Mr. Freeman. But for those of us--I'll just add a little
levity to this. And it was serious with me. As long as my
mother lived, my wife had a little piece of headright. And I
would take them to vote, and I couldn't go in there.
The Chairman. So, you weren't----
Mr. Freeman. I was not even allowed in where they voted.
The Chairman. Huh.
Mr. Freeman. Now, the first time that came to me was when I
was 8 or 9 years old. One of my cousins lost some of their
people, and they inherited these headrights. They laughed at
me. Said, ``I'm Osage. You're not. I'm Osage.'' A lot of our
people have heard this.
Well, that bothered me until I was--well, it always did
bother me, but it didn't keep bothering me as bad as it did
that first time that fellow said that. But then when I was
fourteen, fifteen years old, I realized the reason I did not
have a headright nor a vote was because I had my momma.
The Chairman. So, the way the laws are established now for
the way the system operates, you could have someone that's 2
years old that has a vote, and somebody that's seventy-three
that doesn't.
Mr. Freeman. Well, that 2 year old cannot vote until
they're eighteen.
The Chairman. Who votes their share?
Mr. Freeman. It's lost.
The Chairman. Really.
Mr. Freeman. That vote is lost. We have--for the second
time, I'll bring an end to this, but I will give you a record
of how many votes actually took place in the last election and
the previous election, how many shares were. And I think you
may have that someplace in your record. I don't know.
The Chairman. I know my time has expired, but just the
indulgence of the Committee briefly.
Can you give us an idea of how many people actually voted?
I know that the total vote is a limited number. But how many
people actually had a piece of a vote or, you know, were able
to vote? How many total votes were cast.
Mr. Freeman. There were approximately a little over three
thousand votes that were cast. There are a little over four
thousand individuals who own headrights or pieces thereof.
The Chairman. And how many--how many people if--and I'm not
sure if you've set up an exact definition yet. But you can tell
me how many people claim the Osage blood? How many people
really should have the opportunity to participate?
Mr. Freeman. Well, there are almost sixteen thousand CDIB
cards.
The Chairman. Sixteen thousand.
Mr. Freeman. CDIB cards. CDIB cards.
But that's not a membership of the Tribe. We found that
out. That's a weakness with our young people when they go to
school, when they go get a job. Not on a level playing field
with all other tribes. They need a membership card.
Chief Gray. It's just a degree of Indian blood to a
particular tribe, and it's a Bureau of Indian Affairs issued
document to people who have one.
Unfortunately, as I mentioned before, this policy of self
determination, a lot of changes have taken place over the years
where they don't recognize the CDIB card as something that
would entitle you to any of the benefits that come with
actually being a member of the Tribe or a citizen of the Tribe
that would issue a tribal identification card that's issued by
the Tribe, not the Federal Government. So, a lot of things that
you will hear today from other testimony will kind of
personalize the impact that this policy has had on our people.
The Chairman. Thank you.
Mr. Kildee.
Mr. Kildee. Thank you very much, Mr. Chairman.
You asked why this happened in 1906. It was a difficult
period for Indians throughout the country, including Michigan.
My dad was born in 1883. That's why I've learned about the
injustice to the Indians. He always told me that the Indians
were treated unjustly in Michigan.
When my dad was seventeen years old he lived at Burt Lake,
Michigan, the Burt Lake Tribe, which were trying to get their
sovereignty recognized, obtain sovereignty. They put them on
the tax rolls for 1 years. And 1 day later came in, because
they had not paid their taxes, pushed them off the land, and
burned their village down. This is in my dad's time now. This
is in Michigan. So, it was a very difficult time for Indians.
They would disburse from the European point of view, and be
assimilated or whatever occasion, but it was a very difficult
time.
Let me ask you this. I think the question has been answered
during your testimony. But just looking at a specific point in
the record, does every person of Osage blood who has a parent
with a headright receive one after the parent's death.
Mr. Freeman. No.
Chief Gray. No. It depends on how many siblings they have
that are of Osage descent.
Mr. Freeman. It's even worse than that. A parent, an Osage
parent could have twelve children, and might just leave that
headright or the primary part of it to one favored son or one
favored daughter. This doesn't always happen, but it can
happen.
Mr. Kildee. Let me ask you. Does your grandson, Aaron, does
he have a headright now?
Mr. Freeman. No. He does not.
Mr. Kildee. He's twenty-one years old, and cannot
participate.
Mr. Freeman. I will--will you let me go further with that.
Mr. Kildee. Sure.
Mr. Freeman. I have six children and three stepdaughters.
Three stepdaughters have a half headright. From those six
children, three stepdaughters have twenty-five grandchildren.
None of them have it. Then they, in turn, have twelve other
great grandchildren who hopefully are going to go on and be
healthy, and none of them have it. But there are other
families. There are--twenty-five percent of these headrights
are in non-Osage hands, whether it be by murder, but illness,
by going to a non-Osage spouse. This has happened in the past.
There are a multitude of young Osage people by blood who
will never, in their lifetime, nor will their children in the
present scope of things, nor will their children or their
children's children have an Osage headright.
Mr. Kildee. And Mr. Lucas' bill will remedy this.
Mr. Freeman. This is the purpose. This is the whole
purpose. It has nothing to do, though, with property.
Mr. Kildee. I think you've made your point very clear. And
I certainly--I think, you know, in the archives of your Nation,
there are many historical happening that hopefully some day in
the archives that they will have on this date took place that a
bipartisan Committee came out here. This is not a Democrat or
Republican issue. A bipartisan Committee came out here. And I
thank Mr. Pombo for doing this, to try to bring a remedy for
this injustice. Wherever there is an injustice, we have to seek
a remedy. And I think your testimony has been very, very
helpful. I thank you.
The Chairman. Mr. Cole.
Mr. Cole. Thank you very much, Mr. Chairman.
Councilman Freeman, did you ever think your wife might like
it that you couldn't vote, and she could? Mine would love that.
Mr. Freeman. I'm going to tell you something. My wife and
mother both liked it.
Mr. Cole. You know, this is an extraordinary anomaly in the
law. My family owns the last part of our allotment land as
Chickasaws. And if we had to define our citizenship within our
Nation on the basis of property as opposed to being able, in
our case as you propose, to trace it back, we would lose
thousands of people whose heritage is important to them who are
contributing and active members. And it's amazing to find
ourselves in this situation.
I want to compliment you, Chief Gray, on a couple of
things. Number one, I will tell you it's an unusual politician
who is willing to change his electorate. If you've been winning
with one group--you know, and this is quite an extraordinary
thing. You are expanding the number of people that can
participate in the political life of the Osage Nation. And that
always holds, quite frankly. You know, we all agonize over
redistricting out here. Any time you change who votes for you,
that's a big deal. And that speaks very well of you, frankly,
being willing to put the good of your people above your--what
might be conceivably your own political self interest. So, I
compliment you on that quite profoundly.
And I think, frankly--and as I'm sure the people here know,
I appreciate the fact that you have come to Washington, as well
as--we're here because you went there in large measure. And I
had the opportunity when you and Winston, I think, were up
there to--we went to visit Whit's office.
As people up here know, Whip Blunt, Whip Blunt from
Missouri, as you walk down that hall--if you ever come to
Washington, come by, and one of us will get you up there.
Because the lines--first photographs as you come in toward the
office of Osage people, Osage and Indian territory in the
1870's and 80's and 90's. And then when you walk into the
Whip's office, which is quite grand, one of the great offices
in the Capitol building, there's on original Catlin paintings
of Osage all down the wall. And Whip likes to joke. There's
also quite a collection from the Smithsonian of Osage war clubs
and paraphernalia. He always threatens to break those out on
us. And believe me, they look like they could do the job.
Of course, as I tell Whip Blunt, he's not nearly as fierce
as the people who wield those things. I'm not too worried about
him. But this is a quite extraordinary journey that you've
undertaken for your people and a very, very good thing.
I do want to ask you. There are--obviously, you have--are
the Osage a participating tribe in the fuel tax arrangements
that we have at the state level in Oklahoma.
Chief Gray. Yes. It was an Act of Congress that--called
Gross Production Tax that provides a percentage of our oil
revenues to the state of which revenue was returned back into
the form of money for education and roads. And it's also--it is
distributed in the general funds in the state and--which we
might want to talk about some day, how that's calculated. If
you drove up here, you know.
Mr. Cole. Now, I actually meant, as you recall, we
negotiated--the State of Oklahoma negotiated with various
tribes an actual sharing of fuel tax revenue during the course
of the 1990's in exchange for which the tribes, various tribes,
participated and charged state fuel tax at facilities that they
operated. And they got back a relatively small percentage. I
think it escalates up to about 5 percent of the total state
fuel tax in exchange. And they agreed to spend it on building
roads or health care for the people, education. And it was a
very good arrangement back and forth. And as I recall, part of
the compensation the tribes participated in had to do with
literally the size of the Tribe.
Chief Gray. Right.
Mr. Cole. So, you don't happen to know how you're defined
under that agreement.
Chief Gray. We never signed that contract. We don't have,
you know, a business that would need to have one. However, if
we do decide to do that, then that compact process would be
there for us to utilize.
Mr. Cole. And this actually would, frankly, allow you to
participate a little bit more fully in that revenue sharing due
to the size of the Osage Nation, the official size. It's not
like the size is changing. I mean there's a little more to
that. The official size of the Nation would finally reflect its
real size culturally in terms of its collective identity.
Chief Gray. That's correct.
Mr. Cole. Well, thank you very much. Again, I just want to
tell you both how much I appreciate the fact that you've taken
up a hundred year old battle, and pushed it so far toward what
we hope will be a successful conclusion. Thank you.
Thank you, Mr. Chairman.
The Chairman. Mr. Carson.
Mr. Carson. Thank you all for being here. Let me associate
myself with what Congressman Cole said, as well. And it's nice
to see your wife here, as well, Councilman Freeman.
A couple of just technical questions for you. As the owner
of a headright, do you have the right to bequeath that to
anyone as you see fit, or is it constructed simply members of
the Osage Nation, your lineal descendants or are there any
restrictions at all, and where are those restriction to be
found.
Mr. Freeman. Well, if you're Osage and you own a headright,
you cannot sell it. You can't give it away during your life.
And then this is what you speak of. At death, it can be
bequeathed to one child out of three or four. Or, as I
understand it, that if you get mad enough at all your kids, you
can bequeath it to a niece or a nephew or someone else. Do you
understand it that way.
Chief Gray. Uh-huh.
Mr. Carson. Does is have to be a blood relative like that?
Mr. Freeman. I beg your pardon.
Well, no, to any Osage. But it cannot be bequeathed to a
non-Osage.
Mr. Carson. By Osage, you mean someone with a CDIB card?
Because to be defined as an Osage majority, you have a
headright. So, you know, who is the eligible pool to receive
this.
Mr. Freeman. Well, now there you make a very good point
that you need to take back to Washington. How do you determine
who is an Osage.
It's by blood, of course. And we do it by our families. So,
here we're going under this conjecture that we can only leave
it to Osages. And yet, we haven't determined yet for sure
legally who an Osage is. So, that's a point you raise that I
cannot answer until we do this.
Mr. Carson. And are there any restrictions on the
fractionalization of an interest? You said you had six
children. Could you give one sixth of your headright to each of
those.
Mr. Freeman. Yes, sir.
Mr. Carson. And there's no restriction on that.
Mr. Freeman. No.
Mr. Carson. So how--you mentioned in your testimony,
Councilman, that twenty-five percent of the headrights are now
owned by non-Osage Indians.
Mr. Freeman. Yes.
Mr. Carson. Some fraction of those by, what you called,
bankrupt oil companies.
Mr. Freeman. Various and sundry--and some oil companies
that are not bankrupt and by individuals.
Mr. Carson. So, how did they get those.
Mr. Freeman. By church groups.
Mr. Carson. I guess what I'm confused by this.
How did those twenty-five percent of the headrights end up
in the hands of a non-individual Osage person?
Mr. Freeman. By virtue of the way the BIA was taking care
of our business when they had complete control of the
guardianships that were appointed by the legal policies that
were held forth by the State Government, by the Federal
Government. That's the way they got out of their hands.
And you have read about the murder trials in Osage County,
whereas one family composed of quite a few people, were
murdered. That's just one they wrote about. This happened in a
smaller way with families who were killed. This happened with
mothers which labor was induced into them to have a child back
there before allotments could get there in time for allotments,
all of these things. I'd go through a litany, but I need to
stop.
Mr. Carson. Are there people who are non-Indian individuals
who have a headright?
Chief Gray. Yes, sir.
Mr. Carson. And say they want to show up on election day.
Chief Gray. Only Osages with headrights are allowed to vote
that are over the age of eighteen.
Mr. Carson. I'm in this like infinite group of--I mean I'm
going to have to regress on this.
To be on Osage is to have a headright. But you can't vote
if you don't--you're both an Osage and headright, which is to
have some distinction. Are you saying you have to show your
CDIB card and have a headright, or what is the procedure with
that.
Chief Gray. You are making our case for us, Congressman.
But I think what I--the best way I can try to answer this
is we have several amendments to the 1906 Act, and one of them
was in 1978 that basically verified that Osage headrights, if
they do not have an heir that's Osage. It needs to go to--have
a structured way in which the headright can remain within the
Tribe or within an Osage family.
Recently, two and a half headrights that were in non-Osage
hands were put up for an auction, and only Osages were allowed
to bid on them if you were a member. And they were made
available through public auction. And if nobody was to bid on
them within Tribal Council, then they were available, and the
body of the Tribe could bid on them as an attempt to try to
maintain the headrights within the Tribe with the individual
Tribal members.
Mr. Carson. My time is up, but I have a couple more
questions, if Mr. Chairman would indulge me.
Does the Tribe litigate these issues?
Obviously, the headright is a valuable property. And as a
non-Indian headright owner, I have ever interest in seeing that
handed down to my children where they can enjoy the monetary
value of that. I mean is the Tribe litigating these issues
against the people who are trying to pass it on to generations
outside the Osage Nation.
Chief Gray. Essentially, once it's out of Osage hands, it's
very, very difficult for the Tribe to exercise the legal
jurisdictions of that. It's a very complicated issue. And yes,
it is going to be--have to be a matter of litigation for
anything to be resolved in those areas where the headright has
been removed from the Tribe, the individual tribal members.
In the case that I mentioned earlier, this was a case where
the individual estate put this in the will, how it was going to
be distributed back. It was a very rare occasion. It's never
happened before. But it was certainly encouraging to see that
happen. And the Tribe was definitely fortunate that all of the
auctions went to Osage, as it was set up to do, and we were
prepared to jump in.
Mr. Carson. One last question. If this legislation passes,
the Osage Nation will have the right to define its own
membership. Obviously, Congressman Cole and I have talked a lot
about that with our own respective tribes, where their lineal
descendant in the census in the twentieth century is quite an
integral number. But that's an unusual approach across Indian
country where, as you know, sometimes are patholineal, certain
blood requirements.
Is there--what in Osage history or culture will drive the
determination of the Osage Nation who becomes a member or who
anticipated it would be--all lineal descendants would be people
prior to the 1906 Census, so it was part of the Act that we're
dealing with today.
Mr. Freeman. I'd like to answer that because it needs
clarification. And we have passed a resolution by virtue of the
waiving of our sovereignty by the BIA. This can be taken back
tomorrow. And we passed a resolution for membership. That
resolution says that all the descendants of the twenty-two
hundred and twenty-nine living La-ti are members of the Osage
Tribe.
My hope is that that's the way it will remain. We don't
want to get back into a fighting contest over this and that and
the other. That's what needs to be done. What will be done, I
hope.
Mr. Carson. And how many people do you think that is?
Mr. Freeman. Today?
Well, it's conjecture, because a lot of them have gone away
three and four generations and haven't come back. But they will
come back, some of them. Which there may be--we know there's
sixteen thousand, more or less, CDIB cards issued to Osage
Indians. There are others that have been born since then, and
some who have died. But I would venture to say someplace in the
area of twenty thousand people will be affected by this.
Mr. Carson. Thank you, Mr. Chairman, for letting me extend
my time.
The Chairman. Mr. Lucas.
Mr. Lucas. Thank you, Mr. Chairman. Chief and Councilman,
could we for a moment discuss just a little bit of the early
history of the Osages? Chairman Pombo asked questions about how
we ever got this law in the first place.
You stated in your testimony the Osages were in Kansas.
You sold your property, came to Oklahoma of your own free
will, and bought basically Osage County now. And at the time,
Oklahoma then was opened up by the Federal Government for more
settlement.
You know, it's kind of ironic, Chairman Pombo, that the
Osages actually came here of their own free will. Most tribes
did not always have that option when they came to Oklahoma.
Mr. Freeman. Well, I'm going to have to----
Mr. Lucas. Which is kind of unique.
Mr. Freeman. Well, I'm going to have to take exception to
that. It wasn't of our own free will. I'm sorry. And it
started--to give you a long story short, the year my
grandfather was born in 1872, that's the year they moved down
here from Kansas. But previously, they lived in Carter County,
and they made--Lewis came back and made the first treaty in
1808 and took part of Missouri and part of Arkansas. And then
Clark came back in 1818, and they took some more. And then
eventually when the five civilized tribes were moved out here,
they took Oklahoma. And we own plumb down to the Red River, the
Arkansas and places. That was all taken.
The last analysis, we were forced down here. We had the
treaty, the treaty of 1868, but it didn't hold water. They came
on in to another deal. They finally dealt with the Cherokees.
They took our land. They paid us so much for it. They took
money out of that and paid for this.
So, in essence, in 1906, we owned this as a Tribe in fee
simple, like an individual does rather than like a treaty.
Mr. Lucas. Exactly.
Mr. Freeman. And the Government found themselves--they had
their pick. All other tribes were able to come in there and
say, ``We're going to allow you to give forty acres or a
hundred and sixty acres, seventy acres per Tribal member,'' and
declare the rest over. Well, they kind of had their pick on it.
We had some good, old people who were smarter than we give them
credit for then.
Mr. Lucas. Very true.
Mr. Freeman. Doing the best they could under the worst of
circumstances. And they held on. They did give six hundred and
forty acres, plus another forty-six to each Tribal member,
twenty-two hundred and twenty-nine, and kept that valuable
mineral asset that I have no idea how they'd know how valuable
it was. By that's where we got where we were.
And I want to say this one thing. He also went back to
those people, Chief, at that time when he come down here, and
he said, ``Let's go down there. Those white men can't put that
iron thing in the ground.''
He'd been up where my ranch is where the white rocks are.
And it was the farmers that were coming in. We Osages like
that bottom land. It's more productive, you know, just like
other people do. And when they came in, the farmers would come
in.
Which I recall see the medicine man, who said he could turn
himself into a coyote and many different things. So, he made a
pretty good trail down here, and he made a good talk.
Mr. Lucas. Council, quickly, how many acres in the mineral
estate do you have?
Chief Gray. About a million and a half, sir.
Mr. Lucas. A much better job negotiating, yes.
And also, Chairman, when was the first oil well drilled in
the Osage Nation? It was before statehood.
Mr. Freeman. It was before statehood, yes, up by the
Cherokee country up the road by Bartlesville. Foster number--
no. That wasn't the first.
Mr. Lucas. And most certainly the fact that there was such
tremendous production in the early days in your part of
Oklahoma got you more attention, good or bad, from the Federal
Government than anyone else. And literally, Chairman, prior to
the first World War, we produced more crude oil in Oklahoma
than Texas or any other state. Tremendous, tremendous resources
at the time. Of course, oil wells, like everything else,
eventually play out. But it was a huge amount of resource that
were on the line that led to a lot of horrendous things for the
Osage people that went on in this country at that time.
Chief Gray. Congressman, I would add that the wealth of the
Tribe, albeit it has its negative impacts on the culture of the
Tribe, the positive impact was that the resources allowed the
Tribe to maybe support its culture and maintain its integrity
during some very, very hard times that followed. So, it is what
it is.
Mr. Lucas. Very true. Very true.
Mr. Freeman. If I may, on the production and the mineral
trust and the headrights. This Council has attempted to find a
way that we can some way buy back, if we can get the names of
people who own these headrights. And after death or some other
way, we can continue to buy back those. That also is a part of
our culture. It's one of those things.
So, we have these dreams, like you all do have dreams.
We want to work on that.
Mr. Lucas. Thank you, Chief and Councilman, for being such
good people to work with.
Back to you, Mr. Chairman.
The Chairman. Before I excuse this panel, I just wanted to
ask a follow-up to what Mr. Lucas was talking about.
When did they actually discover that there was oil under
Osage land?
Chief Gray. I'd say at least twenty-five years after we
were settled here. It was right before--it wasn't before
statehood. And it was late in the 1890's. I'm not sure exactly
what the date we discovered the oil was, but it was well after
we were established here.
The Chairman. So, when the 1906 law went into effect, they
knew that there was a valuable resource there.
Chief Gray. Correct.
The Chairman. So, that quite probably led to what some of
the thinking and motivation was behind that original----
Chief Gray. I would say that, plus the unique way in which
the Osages arrived here allowed us the abilities to maintain
the subsequent tribes.
The Chairman. Well, thank you very much for your testimony.
This has been very interesting and very valuable, and I
appreciate both of you gentleman being here. And again, I will
tell you if there are any further questions of members of the
community now, they will be submitted to you in writing. And if
you would answer those in writing for the Committee, I would
appreciate it. Thank you.
Mr. Freeman. If I could add one thing to the last question,
Chief, the knowledge about the oil.
As you all said before, at the time that the 1906 Act was
set up for a twenty-five year life, those people who were
leasing Osage land already and later would buy Osage land sure
thought they were going to get the minerals, as well, in 1932.
But it was extended and extended. And our own people, who
didn't talk anguish too much, were talking about--what's that
word they always said?
Chief Gray. Perpetuity.
Mr. Freeman. Perpetuity. I think you all know perpetuity.
We finally got it in '84 or '78.
Chief Gray. Eighty-four.
Mr. Freeman. So, we did get perpetuity then. We finally did
get perpetuity. So, they knew what they were doing just--we
just could not do, under the rules we were working, what we
would like to do. Now, we would like recognized that and
appreciate the help.
Thank you for letting me add that.
The Chairman. Thank you very much.
I'd like to call up our third panel. We'll hear from Mr.
R.E. Yarbrough, President of the Osage Shareholders
Association, and two young ladies with a special interest,
Jessica Rosemary Moore and Cherise Lookout.
If you want to scoot down one seat this way, it might be
easier for the microphone.
If you would stand and raise your right hand.
Do you solemnly swear or affirm under the penalty of
perjury that the responses given and the statements made will
be the whole truth and nothing but the truth?
Thank you. Let the record show they all answered in the
affirmative.
We'll welcome our panel, our third panel here today.
Mr. Yarbrough, we're going to begin with you.
STATEMENT OF ROBERT E. YARBROUGH, CHAIRMAN,
OSAGE SHAREHOLDERS ASSOCIATION
Mr. Yarbrough. Chairman Pombo and members of the Committee,
I want to thank you for the opportunity to testify before you
today. My name is Robert E. Yarbrough. I'm the Chairman of the
Osage Shareholders Association.
The Osage Shareholders Association is a grass roots
organization made up of Osage individuals who are voting
participants in our present form of government. We have vested
interest in the Osage mineral estate trust. Our present form of
government is unfair and inequitable in that the great majority
of Osage people are disenfranchised by their inability to vote
or participate in government at this present time. Therefore,
we are forced to participate in a government that is not
representative and has become undemocratic. There was only one
point in time at the initial implementation of the 1906
Allotment Act when there was full voting participation by Osage
people. Only Osage shareholders are allowed to vote and
participate in the present form of government.
Since 1906 up to the present, our Osage governance has
evolved into a democratic travesty. Many efforts have been made
to rectify or alleviate this situation including lawsuits. It
is with great sorrow our people continue to perpetuate this
parody of representative government. The Osage people are not
able to define their owner membership, nor are they able to
establish their own form of government.
Never again should a mother's or father's last will and
testament need to be read in order to determine which children,
if any, are granted headright interest and the right to vote.
Only in the wildest imagination can one conceive the type of
system that evolved from this Act.
In the case of Fletcher versus the United States, the
plaintiffs were seeking a fair and equitable form of government
before the Tenth Circuit Court of Appeals. The plaintiffs were
admonished to take this issue to Congress. We would like to
thank Congressman Lucas for bringing this issue to Committee.
Over the last hundred years, the Osage people have been
governed by a code of Federal regulations.
Sovereignty may be just a word that is intangible. Yet, it
is a right granted by God that flows from the people and is
exercised by every other tribe in this country. Our people
deserve this right and the freedom to express themselves
without the interference of bureaucratic agencies.
Since the 1906 Act, there have been eleven amendments that
have only addressed issues concerned with the mineral estate
trust and its shareholders. None of the eleven amendments dealt
with the sovereignty issue we are addressing today. The
problems that face the Osage people today can only be remedied
by a Congressional Act reaffirming our tribal sovereignty. Our
tribe stands united in our efforts to effect this change, and
we support this bill.
Thank you for your time.
[The prepared statement of Mr. Yarbrough follows:
Statement of Robert E. Yarbrough, Chairman,
Osage Shareholders Association, on H.R. 2912
The Osage Shareholders Association is a grass roots organization
made up of Osage individuals who are voting participants in our present
form of government. We have vested interest in the Osage Mineral Estate
Trust. Our present form of government is unfair and inequitable in that
the great majority of Osage people are disenfranchised by their
inability to vote or participate in a Government that is not
representative and has become undemocratic. There was only one point in
time, at the initial implementation of the 1906 Allotment Act, when
there was full voting participation by the Osage people. Only Osage
shareholders are allowed to vote and participate in the present form of
government.
Since 1906 up to the present, our Osage governance has evolved into
a democratic travesty. Many efforts have been made to rectify or
alleviate this situation, including lawsuits. It is with great sorrow
our people continue to perpetuate this parody of representative
government. The Osage people are not able to define their own
membership, nor are they able to establish their own form of
government.
Never again should a mother's or father's last will and testament
need to be read in order to determine which children, if any, are
granted headright interest and the right to vote. Only in the wildest
imagination can one conceive the type of system that evolves from the
Act.
In the case of Fletcher v. United States the plaintiffs were
seeking a fair and equitable form of government before the 10th Circuit
Court of Appeals; the plaintiffs were admonished to take this issue to
Congress. We would like to thank Congressman Lucas for bringing this
issue to Committee. Over the last hundred years the Osage people have
been governed by a code of federal regulations.
Sovereignty may be just a word that is intangible. Yet, it is a
right granted by God that flows from the people and is exercised by
every other tribe in this country. Our people deserve this right and
the freedom to express themselves. Without the interference of
bureaucratic agencies.
Since the 1906 Act there have been eleven (11) amendments that have
only addressed these issues concerned with the Mineral Estate Trust and
its shareholders. None of the eleven (11) amendments dealt with the
sovereignty issue we are addressing today. The problems that face the
Osage people today can only be remedied by a Congressional Act
reaffirming our tribal sovereignty. Our tribe stands untied in our
efforts to affect this change and we support this bill.
______
The Chairman. Thank you, sir.
Ms. Moore.
STATEMENT OF JESSICA ROSEMARY MOORE,
FAIRFAX, OKLAHOMA
Ms. Moore. Members of the House Committee on Resources, I
am deeply honored to have been asked to testify before this
Committee in support of H.R. 2824, legislation that would
affirm the inherit sovereign rights of the Osage Tribe to
determine its own membership and form of government. This
legislation would allow the Osage Tribe to establish Tribal
membership laws that would allow Osages like me, those who do
not have Osage mineral estate headrights, to become members of
the Osage Tribe.
I would like to tell you more about myself and my family of
whom I am very proud. I am Osage from both sides of my family.
My mother, Terry Mason Moore, is descended from her
grandparents full blood original allottees, Joseph C. And Rose
Mason. Joseph C. Mason was a member of the Osage Tribal Council
in the 1950's. My mother is a current member of the Osage
Tribal Council. My father--her father, Joe Mason, a full blood
Osage, is featured as a model of an Osage Chief in the murals
contained in the rotunda of the Oklahoma State Capitol. My
father, Theodore Moore, Jr., who is descended from his great
grandparents full blood original allottees, Amos and Eliza
Osage.
My family resides in Fairfax on the Osage Reservation, and
we belong to the Grayhorse District. I have participated in the
annual Osage In-Lon-Ska dances in Grayhorse since I was able to
walk. My father is a tail dancer, and my brother, Dillon, is a
water boy for the Grayhorse District. I previously served as
the 1998 Osage Tribal Princess. During the past three summers,
I have worked at the Whitehair Memorial, located on the Osage
Reservation, and a part of the Oklahoma Historical Society
helping to catalogue Osage documents and videotapes. My ties
with the Osage Tribe are very strong.
I am three-fourths degree Native American, including three-
eighths Osage, but I'm not eligible for enrollment in any tribe
but Osage. Because I am not enrolled in any other tribe, I
cannot apply for any Native American scholarships that require
proof of enrollment in a federally recognized tribe. As a
college student, and a Native American of high degree of Indian
blood, I should be able to access those scholarships.
For example, I am a freshman at Oklahoma State University
in Stillwater, Oklahoma. If I were to have attended the
University of Oklahoma, I would not have been considered a
Native American student under their rules. In the OU
Application, it is required for a Native American applicant to
submit a copy of their tribal enrollment card to qualify for
American Indian scholarships. While I have a certified degree
of Indian blood, CDIB card, from the Bureau of Indian Affairs,
a CDIB does not mean a person is a Tribal member. So, if I had
applied to OU, I would not be recognized as a Native American
because of the requirements. This is wrong, and it is up to
Congress to fix this situation.
Of even greater personal concern to me is that my non-
tribal member status could actually interfere with my ability
to practice my spiritual beliefs and fully participate in
tribal ceremonies that I and my family hold as necessary.
I am a member of the Native American Church. And the
Federal Government has enacted protection for the rights of
Native American Church members to practice their beliefs. This
protection only extends, however, to members of federally
recognized tribes. It is absurd that I would not receive the
same protection as a person who is one thirty-second Indian who
is a member of a federally recognized tribe.
Furthermore, I am a traditional dancer that requires the
use of eagle feathers for participation. Because I cannot prove
enrollment in a federally recognized tribe, I cannot apply for
eagle feathers or a permit from the U.S. Fish and Wildlife
Department.
Members of the Committee, I humbly ask for your support in
this important legislation.
[The prepared statement of Ms. Moore follows:]
Statement of Jessica Moore, Osage Descendant
Members of the House Committee on Resources, I am deeply honored to
have been asked to testify before this Committee in support of H.R.
2824, legislation that would reaffirm the inherent sovereign rights of
the Osage Tribe to determine its own membership and form of government.
This legislation would allow the Osage Tribe to establish tribal
membership laws that would allow Osages like me, those who do not have
Osage mineral estate headrights, to become members of the Osage Tribe.
I would like to tell you more about myself and my family, of whom I
am very proud. I am Osage from both sides of my family. My mother,
Terry Mason Moore, is descended from her grandparents, full-blood
original allottees Joseph C. and Rose Mason. Joseph C. Mason was a
member of the Osage Tribal Council in the 1950s. My mother is a current
member of the Osage Tribal Council. Her father, Joe Mason, a full-blood
Osage, is featured as a model of an Osage Chief in the murals contained
in the rotunda of the Oklahoma State Capitol. My father, Theodore Moore
Jr, is descended from his great-grandparents, full-blood original
allottees Amos and Eliza Osage. My family resides in Fairfax, on the
Osage Reservation, and we belong to the Grayhorse District. I have
participated in the annual Osage In-Lon-Ska dances in Grayhorse since I
was able to walk. My father is a tail dancer and my brother Dillon is a
water boy for the Grayhorse District. I previously served as the 1998
Osage Tribal Princess. During the past three summers I have worked at
the Whitehair Memorial, located on the Osage Reservation and part of
the Oklahoma Historical Society, helping to catalogue Osage documents
and videotapes. My ties with the Osage tribe are very strong.
I am 3/4 degree Native American, including 3/8 Osage, but am not
eligible for enrollment in any tribe but Osage. Because I am not
enrolled in any tribe, I cannot apply for any Native American
scholarships that require proof of enrollment in a federally recognized
tribe. As a college student, and a Native American of a high degree of
Indian blood, I should be able to access those scholarships. For
example, I am a Freshman at Oklahoma State University in Stillwater,
Oklahoma. If I were to have attended the University of Oklahoma in
Norman, I would not have been considered a Native American student
under their rules. In the OU application, it is a requirement for a
Native American applicant to submit a copy of a tribal enrollment card
to qualify for American Indian scholarships. While I have a Certified
Degree of Indian Blood (CDIB) from the Bureau of Indian Affairs, a CDIB
does not mean a person is a tribal member. So if I had applied to OU, I
wouldn't be recognized as a Native American because of the
requirements. This is wrong, and it is up to Congress to fix this
situation.
Of even greater personal concern to me is that my non-tribal member
status could actually interfere with my ability to practice my
spiritual beliefs and fully participate in tribal ceremonies that I and
my family hold as necessary. I am a member of the Native American
Church, and the federal government has enacted protections for the
rights of Native American Church members to practice their beliefs.
This protection only extends, however, to members of federally
recognized tribes. It is absurd that I would not receive the same
protection as a person who is 1/32 Indian who is a member of a
federally recognized tribe.
Furthermore, I am also a traditional dancer that requires the use
of eagle feathers for participation. Because I cannot prove enrollment
in a federally recognized tribe, I cannot apply for eagle feathers or a
permit from the U.S. Fish and Wildlife Department.
Members of the Committee, I humbly ask for your support for this
important legislation.
______
The Chairman. Thank you.
Ms. Lookout.
STATEMENT OF CYNTHIA CHERISE LOOKOUT,
HOMINY, OKLAHOMA
Ms. Lookout. Thank you members of the Committee for this
opportunity to testify today. I am honored to have been invited
to represent my Tribe and to give my viewpoint on this
legislation. In my Tribe, usually the men in the Tribe, if I
have something to say, they usually speak for me. So, this is a
very--I'm very happy about this opportunity to be able to
speak.
My name is Cynthia Cherise Lookout. I am twenty 3 years
old. I am half Osage from Hominy, Oklahoma. I was raised on the
Osage Reservation and continue to live there. My mother is with
me today and is a full blood Osage. She was born to Henry and
Dora Lookout of the Pawhuska District. My great grandfather,
Fred Lookout, was the Chief of the Osage Tribe for many years
until he passed. The Lookout family have had prominent roles in
the political and ceremonial rights of the Osage Tribe.
I have been raised around my culture. I have witnessed and
experienced many good and remarkable things. I am here today
because I think the right to govern ourselves in tribal affairs
is very important and vital to the Osage people. I believe that
many things need to be addressed and changed in the way that
our Tribal Nation functions. We have a federally recognized
tribe. If the United States recognize us as such, should we not
have the right to govern, help, support ourselves as a people,
as a nation.
I have gone to two tribal elections growing up. I have seen
the process in which those that get to vote. I've heard endless
talks about those with more headrights, and what it means to
have more headrights in tribal elections. Those with more
headrights or more of a headright have more political power,
because of the way the voting system is set up. I, as half
Osage, living on the Osage Reservation, being of legal age,
cannot vote or even run for a Tribal Council seat if I chose.
There are things that I have not been able to partake in,
because of the way the Osage Tribal Government is set up.
In comparison to other tribes, I thought that we were a
sovereign tribe, that we had the right to change the things
that we thought were wrong and to correct those things. I have
been told many times that Osage Tribe is different from other
tribes, because of the treaties and acts that we have obtained
over the years making our laws and government different. I also
know that the people that signed those documents thought that
they were acting on the best interest of our tribe.
Times have changed. Those interests that were important to
us then are still now. The only difference is that it effects
us differently. I know that there are many people that have
attempted to try to change those things before to make things
better for us.
As a voter, it would be hard for me to say that I would be
concerned with other people if I was in their place. I am not.
So, I have to look at this from their view. I also have to look
at this from my view, as well as my future generation's view.
What kind of legacy am I leaving to them? Will I leave them
something that they will believe in, something that will
support them if needed. Can I say that I did everything in my
power to make things best and fair for them.
I believe that the people that possess headrights are
mainly concerned with their royalty. I would not want my
mother's land or headrights taken from her, because of the vast
majority of non-headright holders that would have a voice and a
vote on these issues. The issues with the mineral rights seems
that there can be no real progress until we have a new form of
government where our government was not centered around the
headrights. I think that it should be separate from the process
of governing all, including those like me without headrights or
land. Indian monies is the main concern with the Tribe, because
they're the only people with the privilege of voting. The Osage
Tribe counts me for tribal grants and funding, but I do not
have the voice in how that money is distributed, because I do
not have a vote or even a partial vote. I am not a constituent
of the Osage Tribe, meaning that the representatives on the
Tribal Council do not have to listen to me. They don't have to
pay any attention to me or how I feel or what I think
concerning my tribe. I have to wait until my mother passes away
before I am a member of the Osage Tribe, before I receive even
a partial vote. And only then, if she decides to leave me what
she has. If she decides to leave me out, then I will never be
able to have a voice. Neither will my children.
I am a person that believes in education. I went to the
University of Oklahoma for three semesters, but I was not
recognized as a Native American by the university, because I
was not a member of the Tribe. This also disqualified me for a
Native American scholarship from the university. I would like
to have a voice in the things that my tribe does. I want to see
my tribe be able to provide for ourselves, to invest in
ourselves, to make us stronger as a people. I would like to see
programs and services for those that need them. I would like to
see the Osage Tribe depend on themselves, not just the
government and oil--money they get from oil royalties. I want
to see a strong and unified nation, one that works for every
member, every person no matter their social status or what they
were left. Because that does not make me or anyone else that is
of Osage descent less of what they are.
There are so many things that need to be done within the
Osage Tribe. There are so many issues, so many ideas on what
could be done. Reaffirming the inherent sovereign rights of the
Osage Tribe to determine its membership and form of government
is just a stepping stone for our nation to progress and deal
with the issues ourselves, issues that we are facing today and
issues that we will face in the future. I strongly urge the
U.S. Congress to pass this legislation, so Osages such as I can
have a right of other Native Americans across the country,
because without it, I may never have a voice.
Thank you.
[The prepared statement of Ms. Lookout follows:]
Statement of Cynthia ``Cherise'' Lookout, Osage Descendent,
Osage Tribe
My name is Cynthia Cherise Lookout. I am twenty-three-years-old. I
am half Osage, from Hominy, Oklahoma. I was raised in Osage county and
continue to live there. My mother is a full-blood. Both of her parents
were full bloods. Her grandfather was chief of the Osage tribe
intermittently from 1912 to 1949.
I have been raised around my culture. I have witnessed and
experienced many good and remarkable things. I have written this
testimony, because I think that the right to govern ourselves is very
important and vital to the Osage People. I believe that many things
need to be addressed and changed with the way that our tribal nation
functions. We are a federally recognized tribe. If the United States
recognizes us as such, should we not have the right to govern, help,
and support ourselves as a people, as a nation?
I have gone to two tribal elections growing up. I have seen the
process in which those that get to vote, vote. I have heard endless
talks about those with more headrights, and what it means to have more
headrights in tribal elections. Those with more headrights, or more of
a headright, have more political power because of the way that the
voting system is set up. I, as a half Osage, living in Osage county,
being of legal age, cannot vote or run for a tribal council seat. There
are things that I have not been able to partake in because of the way
that the Osage tribal government is set up.
In comparisons to other tribes, I thought that we were a sovereign
tribe, that we had the right to change things that we thought were
wrong and fix those things. I have been told many times that the Osage
tribe is different from other tribes because of the treaties and acts
that we have obtained over the years making our laws and government
different. I also know that the people that signed those documents
thought that they were acting on the best interests of our tribe, and
at that time it seemed to be the best way. Times have changed. The
United States government has changed as the Osage tribe has also. Those
interests that were important to us then are still now. The only
difference is that it affects us differently. I know that there were
many people that have attempted to try and change these things before,
to make things better for us as a people.
As a voter, it would be hard to say that I would be concerned with
other people if I was in their place. I am not. So I have to look at
this from their view. I also have to look at this from my view, as well
as my future generations' view. What kind of legacy am I leaving to
them? Will I leave them something that they believe in and something
that will support them if they needed?
I believe that the people that possess headrights are mainly
concerned with their royalties. I would not want my mother's land or
headright taken from her because of the vast majority of non-headright
holders that would have a voice and vote on these issues. The issues
with the mineral rights seems that there can be no real progress until
we have a new form of government, where our government was not centered
around headrights. I think that it should be separate from the process
of governing all, including those like me without headrights or land.
Indian Monies is the main concern with the tribe, because they are the
only people with the privilege of voting. The Osage Tribe counts me for
tribal grants and funding, but I do not have a voice in how that money
is distributed, because I do not have a vote, or even a partial vote. I
am not a constituent, meaning that the representatives on the Tribal
Council do not have to listen to me.
I have to wait until my mother passes away before I am a member of
the Osage tribe, before I receive a partial vote, and, only then, if
she decides to leave me a part of what she has. If she chooses to leave
me out, then I will never be able to have a voice. Neither will my
children.
I am a person that believes in education. I went to the University
of Oklahoma for three semesters, but I was not recognized as a Native
American by the University, because I was not a member of a tribe. This
also disqualified me for Native American scholarships.
I would like to have a voice in the things that my tribe does. I
want to see my tribe to be able to provide for ourselves, to invest in
ourselves, to make us stronger as a people. I would like to see more
focus on providing money for educating the people in my tribe. I would
like to see programs and services for those who need them. I want to
see my tribe to be able to provide for ourselves, to invest in
ourselves, to make us stronger as a people. I would like to see that
money come from the Osage tribe, not from the government. I would like
the tribe to be concerned with all of the Osage tribe, not just those
that have headrights. I want to see a strong and unified nation, one
that works for every member, every person, no matter their social
status, or what they were left, because that does not make me or any
one else that is of Osage descent less of what they are.
There are so many things that need to be done within the Osage
tribe. There are so many issues, so many ideas on what could be done.
Reaffirming the inherent sovereign right of the Osage Tribe to
determine its membership and form of government is just a stepping
stone for our nation to progress and deal with the issues ourselves.
Issues that we are facing today, and issues that will face us in the
future.
______
The Chairman. I'm sure that your elected representatives
would have a very difficult time not listening to you.
Out of curiosity, the two young ladies that are here both
are in the situation that we've been talking about. If I could,
just by a show of hands, how many people that are here right
now that are in that same situation? They're Indian by blood,
but because of one situation or another, don't have a vote
right now.
Thank you.
While, on the other hand, how many are here that do have a
vote?
About half.
Well, that's interesting. I appreciate the testimony from
this panel in trying to deal with this issue.
The situation that you two young ladies find yourself in
right now I think is something that has led us to this point in
terms of trying to deal with this legislation. I appreciate
your testimony here.
Mr. Yarbrough, it's my understanding that, as this bill
would be enacted, it doesn't impact the property rights,
headrights that individual Osage own. It only impacts the
ability of the Tribe to organize and determine its membership.
Mr. Yarbrough. Yes, sir. That's our understanding, also.
The Chairman. And that is--it is with that understanding
that we are moving forward in trying to deal with this
legislation. You, in your position, have come here in support
of the legislation. And it's my understanding that, because of
the testimony that we received both from previous panels and
from this panel, that that is a fairly broad consensus amongst
the Osage people in terms of this is something that has to be
done.
Mr. Yarbrough. Yes, sir, very broad.
My mother passed away 4 years ago. I was on this side of
the table for a big part of my life. I've been a long time
advocate of one man, one vote. It was supervising to me when I
was elected to this position. They elected me by acclamation,
because they knew what my political views were when they
elected me.
The Chairman. The issue in terms of what we're dealing with
in allowing that--in returning the right to select tribal
membership and the ability to govern, self governing, has that
been broadly discussed amongst the Osage people? Has that been
something that is--everybody is aware that this has moved
forward.
Mr. Yarbrough. I think I was sixteen or seventeen years old
during the Logan versus Andrews case. And I have been
advocating one man, one vote since I was seventeen. And this
issue, we've had referendum, surveys. My entire life this has
been the main issue among the Tribe.
The Chairman. If somebody were to contact the Committee at
this point and say that they were unaware that we were looking
at this legislation, would you be surprised.
Mr. Yarbrough. I wouldn't be surprised. But I wouldn't know
why they would be uninformed. No one from the Reservation area
is uninformed. Everyone is very keen on what we're talking
about today, and they have been for years.
The Chairman. We haven't received any letter. I'm just--you
know, as we're moving forward with this, I have spent a lot of
time talking to Congressman Lucas about this. Because one of
the things and one of the reasons why we're here is we want to
make sure everybody knows that this is what we're doing and
why, and that there is a broad consensus. I know that getting a
one hundred percent unanimous agreement is impossible to ever
do on anything. But we are very interested that we move forward
with something that there's broad consensus on. And as Mr.
Kildee said, to right a wrong or to undo an injustice that had
been done in previous years is one of the reasons why the
Committee is here, is to make sure that everybody is aware of
what we're doing and why we're doing it, and that there is
broad consensus on that.
Mr. Yarbrough. As long as the headright shares are
protected, I'm sure there's not going to be any problem from
our viewpoint.
The Chairman. Mr. Lucas, Congressman Lucas has stressed
that, that that has been one issue that, as he was developing
this legislation and talking with the Tribal leaders, that that
is something that had to be effective. And it was something
that was near unanimous agreement on amongst all the folks that
were working on this. We just want to make sure that everybody
is on the same page and knows where we're going. As Mr. Kildee
said previously, this is a bipartisan effort amongst a lot of
folks in the House of Representatives to try to move forward
with this. And we want to make sure that everybody knows why,
and what we're doing.
So, I appreciate your testimony, and your making the effort
to be here and to participate in this hearing. Because I do
think that's something that's extremely important to this
Committee is that we have more support and as much support as
we possibly can from the people. So, thank you.
Mr. Kildee. Thank you, Mr. Chairman.
Mr. Yarbrough, do the headright shareholders, in general,
wish to give the Osage Government the power to extend full
citizenship to those who are not headright shareholders.
Mr. Yarbrough. Yes, we do.
Mr. Kildee. I know that was in your testimony, but I think
it's real important that we clarify that very clearly in this
record.
I think that's a very enlightened and a very generous
position, and it speaks well of the culture of your tribe and
your nation. I mean I'm personally edified by it. I think that
shows a great deal of enlightenment.
Culture doesn't die. The culture lives yet today. And the
culture that existed back before 1906 is still--you can still
see that spirit of generosity and the willingness to share the
political power. And I think that speaks very well of your
tribe.
Mr. Yarbrough. Mr. Kildee, most everyone in our tribe
realizes that this is the right thing to do.
Mr. Kildee. That's very good. I commend you, commend them
for that.
Jessica and Cherise, from your testimony, it appears very
clear that full citizenship goes beyond just voting rights. It
goes to your cultural rights. Could you just expand that a
little bit further.
Ms. Lookout. I did go to the University of Oklahoma. I did
get financial aid and stuff. But for people that are on the
borderline of, you know, not being--not getting very much money
to go to school--I have a cousin who applied to the University
of Oklahoma that wanted help with money. And they told him--and
we tried. They issued membership cards, you know, application
to try to, you know, see if they could do that. And he was--he
received one, and they didn't accept it. And then his dad filed
a letter to ask if they could use that membership card for the
university, so he could have scholarship money. And they said
no, that it--because of the 1906 Act, that that membership card
was not valid.
Mr. Kildee. Jessica, do you have anything to add to that?
Ms. Moore. For many other situations of college students,
there are a lot of Native American scholarships out there that
can be of use to us, but they require proof of enrollment in
the Tribe. And people like myself cannot apply for those
because of not being enrolled.
Mr. Kildee. Go ahead.
In Michigan, I and Senator Jesse Vaughn, thirty-five years
ago introduced a bill while I was in Michigan legislature
called the Michigan Indian Waiver Act. Any Michigan Indian of a
recognized tribe can go to college, any public college in
Michigan and receive fees and tuition. And we had a situation
there that was very complicated, so I can see where----
Ms. Lookout. And I do know that there was money given to
the University of Oklahoma before 1978 before they said that
you couldn't then leave headrights to non-Indians. They were
given to institutions such as the University of Oklahoma. But
you have to be a member of the Tribe to use that, and you have
to be a male. So, I couldn't use it or any other male Osage
that was not a headright could not use that scholarship for
money. So, they're just ganging up on it using our money, but
we have no access to that.
Mr. Kildee. And such things as the cultural use of----
Ms. Lookout. Yes.
Mr. Kildee. Would be denied you if you're not----
Ms. Lookout. And a lot of provisions have to be made for a
lot of different things. Like I like to play basketball,
independent basketball. And as Native Americans, we love
basketball. And I play a lot. And if I go out to Albuquerque,
we have to be a member of a tribe. Well, I'm half.
So, you usually have to have--get a letter from our Tribe
or something saying, you know, she will be eventually, maybe.
And a lot of people, you know, get to know me and say, ``OK. We
know you're OK. We know who you are.'' But if they didn't know
who I was, they're like, ``You're not a member. You can't
participate.''
Mr. Kildee. Well, let me say this. I think your ancestors
from Kansas who came to Oklahoma looking down would be proud of
what you are doing.
Ms. Lookout. Thank you.
Mr. Kildee. I see a generosity among your nation that could
be an example for other nations of the world.
Ms. Lookout. Thank you very much.
Mr. Kildee. Thank you.
The Chairman. Mr. Cole.
Mr. Cole. Thank you, Mr. Chairman.
And I want to make the same point Representative Kildee did
so eloquently. It is remarkable to--we, quite often, find
ourselves in situations where we see fights over memberships
and tribes. And where we see people voluntarily extending full
participation in political rights, to have this degree of
unity, is just a remarkable statement about the Osage people,
and something that you should be extraordinarily proud of in
your history and in your current leadership. And it's just a
remarkable, remarkable spirit.
Let me ask you. Do any of you know--I can't--I think of
parents that must have gone through agonizing decisions about
passing on headrights. Because you might have a situation where
it made perfect sense to divide a family's estate in certain
ways, somebody getting headrights, somebody else getting,
perhaps, some other kind of property, and on down. But in
knowing, when you've made a decision like that, if you decided
to keep headrights intact because it simply made economic
sense, that you may be depriving one of your offspring of their
cultural identity and in a sense their status as a unique
member of the Tribe. Do any of you know parents that went
through those kind of decisions.
Ms. Lookout. I don't know. I do know that there are Osages
out there that have died and never been able to have a voice, a
political voice in things of this nature. And I know that there
are probably people in their forties and fifties that are still
waiting to have a voice. So, it's just not college students
such as us. They could be as Mr. Freeman, he's seventy-eight,
until they have a voice or even a partial. And when you leave
somebody out--I think my mother could say, ``Hey, you know,
your brothers, they have more kids than you. You may never have
kids. We're going to--I'm going to give it to the boys.''
So, then I would never. And if she dies and I have kids, I
don't have--I'm the youngest of five children.
Mr. Cole. And again, I mean it's just astonishes--my
brother and I own an allotment of land, the last part that we
have in the family together with the right of survivorship. So,
that would literally mean that--and we both have children. It
would literally mean that one side or the other would lose
their Chickasaw identity or heritage in a legal sense the
minute--you know, whoever died first. Their family is kind of
out forever in terms of being--with the Chickasaw Nation. That
would be an extraordinarily difficult to see. And the process
is just amazing to me. We've gone beyond that as a country a
long time ago in defining citizenship rights. We did at one
time with property rights. But the fact that we're doing that
in the early twentieth century is just remarkable.
I just, again, want to tell you how impressed I am with you
as individuals and with, frankly, the spirit behind what you
have to say. So, thank you for taking your time to come here
and educate us. Thank you, quite frankly, as a people for
showing such remarkable vision and foresight and conclusiveness
in your decisionmaking process. Again, it is quite remarkable
and quite unusual. Thank you.
Thank you, Mr. Chairman.
The Chairman. Mr. Carson.
Mr. Carson. Let me reiterate, as everyone else has said,
how much we appreciate the testimony from Ms. Moore and.
Ms. Lookout. Because I think you have given us all of the
outstanding testimony of how this really impacts people in the
Tribe. And to Chairman Pombo, thank you, again, for coming in
from California and everyone here on a rainy Monday morning for
being here, too. That says much about the commitment of the
people to have this changed.
Just a quick question for Mr. Yarbrough. And I may have--
let me know if I misstated the legal issues involved here.
The mineral estate is held essentially as tenants in common
to people with headrights. Is that correct.
Mr. Yarbrough. Yes. That's correct.
Mr. Carson. And I know we've talked a lot in here about
protections that the headright owners have. This legislation
wouldn't effect them.
Does the Tribal Council have the right to alter the
disposition of the mineral estate among Tribal members? If not,
what prevents them from doing that.
For example, could Tribal Council vote to say, ``Well, we
recognize that these people all, you know, have headrights
handed down from the 1906 Act. But we've suddenly decided, as a
matter of policy of the Osage Nation that owns the mineral
estate, that we want to allocate it in some different
fashion''?
Mr. Yarbrough. My interpretation of what is about to happen
is that we, as shareholders, will maintain our identify, and
we'll go on separately, but we'll also be inclusive of the
Tribe at the same time. So, we'll actually go ahead and conduct
business as we always have.
Mr. Carson. Maybe I should--maybe Congressman Lucas can
answer it or someone. I guess the question is are there
institutional protectors from the 1906 Act that says you, for
any reason you couldn't--you couldn't feel free to--what
institutional protections are there to keep headright ownership
basically as it has been for the last near century or altering
kind of the voting membership with this.
Chief Gray. Well, Congressman, there are clearly protected
property rights that no activist council would have any control
over, you know, that particular process. What has been
statutorily set up is what's policy now. And there's nothing
that this Council can do, even with the passage of this bill,
to change that.
Mr. Carson. Thank you on all of that.
We have other folks raising their hands on that issue.
But let me--perhaps we can talk afterwards. I'm sure
Chairman Pombo wants to keep regular order.
How many members are there of the Osage shareholders that
lives here.
Mr. Yarbrough. Approximately three hundred.
Mr. Carson. And how many people--we heard earlier that
about four thousand people voted in the last election. How many
people do you estimate are shareholders of a mineral estate.
Mr. Yarbrough. I would think most of them voted.
Mr. Carson. So, you're talking roughly four thousand people
or so.
Mr. Yarbrough. Most of the people that could vote did vote.
Mr. Carson. So, do you have, from your end, is there a
census of the headright owners? I mean is there a roll book of
every--where people go to identify who every headright owner is
in this.
Mr. Yarbrough. Well, you understand about the laws of
confidentiality, right.
Mr. Carson. Sure. I'm not asking to see it. My question is
is there--the Tribe has a roll that has all headright owners on
it, obviously. Otherwise, it couldn't dole out the royalty
interests.
Mr. Yarbrough. Yes. That is one of the jobs of your Indian
Affairs. And when people run for office, they have the
privilege of maintaining--they don't have the interest amount,
but they get to know who the people are.
Mr. Carson. OK. OK.
Chief Gray. The Bureau of Indian Affairs----
Mr. Carson. Why don't you join us at the table to answer
any questions.
Chief Gray. Congressman, the Bureau of Indian Affairs
maintains the list of all of the individual shareholders. It is
a private, protected list. We, as the Osage Tribal Council,
have no access to the list of those individuals or their
respective shares. But during--as R.E. was referring to, during
Tribal Council elections, we are able to obtain a list of names
and addresses for the purposes of the campaign, you know, to
conduct our campaigns.
Mr. Carson. But the Tribe itself, you have no knowledge of
any particular headright owners' actual interests?
Chief Gray. No. No, sir.
Mr. Carson. Thank you, Chief, for educating me.
The Chairman. Mr. Carson, I think the more we get into this
the more--the worse it gets. This is something that should have
been done a long time ago.
Mr. Lucas. Thank you, Mr. Chairman. And you're exactly
right. It should have been done a long time ago. Circumstances
of history have brought us to this point. A reflection of
probably some good actions and some bad actions. But here we
are, and on this day considering a bill that will give the
Osages their ability for voting purpose to determine their own
membership. I guess my question to the panel would be, even
with this piece of legislation, although it be made in through
Congress and signed into law by the President, there's a huge
responsibility on the Osage people to implement this. The
determinations about the voting requirements and set of
procedures and have elections to conduct and implement those
elections, and the government that will come out of it. So, I
guess my first question to my two younger constituents here,
are you ready to rise to the challenge to become personally
involved in this process, which hopefully is about to open up
to all Osages, ladies?
Ms. Moore. Well, I'm ready to take action. I believe that
it is as well as important for our elders to participate with a
headright, who haven't official been able to. It's also
important for the younger generation's voice to be heard, too.
Ms. Lookout. Our tribe is very, very strong in our cultural
beliefs. And we have our dances, which she mentioned. And
everybody participates, and we all come together. And so
everybody--all Osages of Indian blood are there, and they
participate. And we come together as a Tribe. And this is the
only place where it's not--it's unfair. And I'm sure that as
many people that comes to our dances and even those that don't
participate would want this and are eager to do this. Because
this is a part of who we are and part of our culture and what
we believe in.
Mr. Lucas. And I'm going to ask Jessica. In your testimony
you said you were a freshman at Oklahoma State.
Ms. Moore. Uh-huh.
Mr. Lucas. Do they handle those issues differently than the
University of Oklahoma.
Ms. Moore. For enrollment, it's only required to provide a
CDIB card to be Native American.
Ms. Lookout. Each university is different.
Mr. Lucas. So, let it be noted for the record, Mr.
Chairman, as a graduate of Oklahoma State University--a very
cooperative environment.
The Chairman. I just knew that we would get to that
eventually.
Mr. Lucas. When you inherit Wes Watkins' mantle, you've got
to fly that orange flag every so often.
Mr. Yarbrough, clearly your goal, so the constituents
understand the focus of this bill, is on the membership roll
and on the election process, and the mineral estate issues that
we've discussed here and are mentioned with that is something
for another day.
Mr. Yarbrough. Yes, sir. It is like I said before.
It's our understanding everything will continue as is. The
only difference is that these young people are going to have an
opportunity to vote and participate in government.
Mr. Lucas. Thank you. Once again, Chief, it's been a
pleasure to work together on what I think is a very positive
piece of legislation.
With that, Mr. Chairman, I give back my time and thank the
Chairman for the privilege sitting today.
The Chairman. Well, thank you. And I want to thank our
panel of witnesses here today. This has been, for me, a very
informative hearing. I know some of my colleagues here are much
more familiar with this issue and have worked with it over the
years. I became aware of this when Congressman Lucas brought it
to my attention, and when Chief came to Washington and talked
to me about the importance of moving forward with this. At that
time, we made a commitment to come out to Oklahoma and to hold
a hearing and to give people the opportunity to be heard before
their Congressmen, before their Congressional Committee. And
I've enjoyed the opportunity to be here. But it has been
extremely informative for me, and it's something that I can
tell you we will move forward. The Committee will move forward
on this. And with Mr. Kildee's help, we will make every effort
to see that we can rectify this situation in our Committee and
move through the House of Representatives. This is something, I
think, is way past due in terms of taking care of this
situation.
Again, I will tell the members of the audience, if you've
not had an opportunity to testify before the Committee, that we
will hold the Committee record open. If anybody has additional
comments that they would like to make to appear as a part of
the official record on this hearing, if you could submit those
within the next 10 days to the House of Representatives, or if
you can fax them to Mr. Lucas' office, they can pass them on to
the House of Representatives, and they will be included in the
record. And that would, I think, more fully fill out the
official record that we have today.
Again, I want to thank all of the witnesses for your
testimony, Mr. Lucas for allowing us to hold this hearing here,
my colleagues from Oklahoma for participating, and my friend,
Mr. Kildee, for making the effort to be here and participate in
this hearing. I think it was very important to the official
record.
If there's no further business before the Committee, then
the Committee will stand adjourned.
[Whereupon, the Committee was adjourned.]