By
Shannon Shaw Duty
The “no” vote on a congressional bill that would have expanded the Osage Nation’s jurisdiction to stop the wind turbine construction north of Highway 60 has upset many.
ONCA 15-03, sponsored by Congresswoman Alice Buffalohead, would have expanded the Nation’s legal jurisdiction over the Nation’s former reservation lands in Osage law and enabled the Nation’s trial court to prosecute non-Osages. Principal Chief Geoffrey Standing Bear said his intent was to file a court order in the Osage Nation Trial Court and send the ON Police Department to stop wind turbine construction.
Voting “no” on Nov. 5 were Congress members Shannon Edwards, John Jech, John Maker, Archie Mason, Ron Shaw, William “Kugee” Supernaw and Maria Whitehorn.
“I voted no because of the amendment placed at the end of the legislation,” Edwards said. Buffalohead amended her legislation to say that any jurisdictional cases that involved the minerals estate, which would be the wind turbine construction, would first have to be approved by the Osage Minerals Council. But the language was vague, Edwards said.
“Do they vote via resolution? Via motion? Telephone poll? What do they do? It was confusing to me,” Edwards said. “I’m in favor of wind energy in different geographic locales, I’m against wind energy in Osage County, specifically along scenic byways.”
Edwards said she was told Buffalohead’s legislation was specifically so the chief could stop the wind turbine construction. But in committee, Buffalohead said it was for all court matters that involved Osages and non-Osages on former reservation lands, similar to the Violence Against Women Act where tribes can prosecute, convict and sentence non-Natives who assault Native American women on tribal lands. But Buffalohead’s legislation would have included the Nation’s former reservation lands as well. Edwards said the Nation’s entire code needs revision and “not done piecemeal.”
“There is a lot of issues in that legislation (ONCA 15-03) that a lot of people aren’t thinking about,” Maker said. “I’m against the wind mills, I hate it just as much as anyone, but this could open the door for a lot of lawsuits and attorneys fees the Nation would have to pay for.”
Maker said it’s true that the relationship between Osage County landowners and the oil producers is not good right now and Buffalohead’s legislation and the chiefs actions after it passed could have caused more problems and legal fights for the Nation and could have possibly endangered the minerals estate.
“Yes we have our sovereignty but I don’t like the way the legislation was written,” Maker said. “I do like the intent of exercising our sovereignty, but we need more information before we take such a step.”
Mason, who has been on the Osage Congress since the reform of the new government, said that as a congressman he is always hesitant of any legislation that has to do with decision making pertaining to the minerals estate.
“I don’t wish to get into the decision making process of what the minerals council decides,” Mason said. “As things came to us there were some unanswered questions. We were asked to interject on some things and had some clarification on these two issues that came forward. I don’t know what doors this legislation may open until I hear our minerals council or BIA inform us on decisions made on issues that surround our trust.”
He said he would need further input from the OMC and BIA before he would vote yes.
“Despite statements to the contrary, it is my belief that the Chief’s sole intent was to bring suit against [Enel Green Power North American, Inc.] in tribal court under the assertion that the company was engaged in activities on the Osage reservation (now fee lands) that could negatively impact the health and welfare of the Osage Nation,” Shaw said in an email response. “Sadly, we no longer have a surface land reservation as a result of Osage Nation vs Irby, and the only basis for such an action is that we have a subsurface minerals reservation that would be affected by such wind farms.
“The subsurface minerals reservation is under the authority or oversight of the minerals council and the Osage Nation Congress did not receive a resolution or other communication from the minerals council supporting such legislation that would directly affect their jurisdiction,” Shaw said via email.
Shaw said the Nation does not currently have the regulatory structure that would support such an action and the Nation’s codes are outdated, and some date back before the government was reformed in 2006.
The legislation was discussed in the Governmental Operations committee the day before the vote and Assistant Principal Chief Raymond Red Corn and his legislative analyst Rebecca Fuhrman were present to explain the chief’s intent. But some members of that committee felt their questions went unanswered.
“Our position has always been that we should never take up minerals council business, that part I’m in agreement with. But I felt like we got a request to pass those resolutions for the chief, but the Executive Branch never really explained,” Supernaw said.
Supernaw said in 2006-2007, Osage legislation was passed that affected environmental issues and jurisdiction in Osage County and the public reaction was severe. Town hall meetings were held and Sen. Tom Coburn came to Pawhuska and talked about termination of the Osage Nation.
“I’m not going to do anything that could potentially damage our minerals estate,” Supernaw said. “We didn’t hear from anybody on that piece of legislation (ONCA 15-03). I honestly believe, if all those people complaining about us knew as little as we did before we had to vote on it, they would have voted no too.”
He said he spoke with various members of the OMC and they were not in support of the legislation. He said he was told that the minerals council does have a plan and is currently working with the BIA.
“[Chief Standing Bear] may reintroduce it with a clearer understanding and there may be a reason for congress to pass it,” Supernaw said. “But to have passed it would have been irresponsible, with as little as we knew about it.”
Congress members Jech and Whitehorn did not return requests for comment.
Original Publish Date: 2014-11-08 00:00:00