Osage Minerals Council Chairman Myron Red Eagle addressed the Congressional Appropriations Committee during the 3rd Special Session to discuss a supplemental appropriation that would give the council $1.5 million.
He raised alarms about the upcoming threats the Osage Minerals Estate faces, including an effort by Enel to appeal last month’s ruling that ordered the company to remove its 84 wind turbines and pay the Minerals Council’s attorney fees.
“A million dollars doesn’t go very far,” Red Eagle said, referencing the yearly drawdown from Minerals Estate royalty payments, which is placed into the council’s C395 account. The yearly drawdown has historically paid all the council’s operational expenses, such as their stipends, staff salaries, rent to the Nation for office space and legal fees.
Congresswoman Maria Whitehorn sponsored the bill, ONCA 25-28, to appropriate an additional $1.5 million to the council for the fiscal year 2025.
Two of the budget line items in the bill were for wages and fringe, which totaled $160,500. Last spring, the OMC passed a resolution to raise their pay to an annual salary of $77,000, to match that of the 9th Osage Nation Congress. This was one of the first resolutions passed by newly appointed councilwoman Stephanie Erwin at that time.
Minerals Council members currently receive a $31,000 yearly stipend that’s paid out of their C395 account. However, unlike elected officials of the Executive, Legislative and Judicial branches, council members can be employed by the Osage Nation and do business with the Nation. Councilman Anthony Shackelford is currently employed by the Nation and Councilman Talee Redcorn is a well-plugging contractor for the council.
Red Eagle said the Minerals Council also needs funding to cover their attorney fees for the year 2024 in the amount of $400,000. He told the committee that he was told by their attorneys, Washington, D.C.-based firm Patterson Earnhart Real Bird & Wilson LLP, that they were going to drop them as a client if they did not pay their bill.
“Every time they get on the phone or every time they talk to us on Zoom, it’s $300 an hour,” said Red Eagle, who explained that they’re facing additional threats to the mineral estate that aren’t related to Enel. He said the Environmental Protection Agency sided with the OMC in a fight on Class VI wells in Barnsdall against the State of Oklahoma.
Red Eagle said they’ve also met with the Bureau of Indian Affairs to give them an increase, but that has yet to be determined.
“Don’t think we’re not grateful because we are … thank you and we’re grateful for whatever you can do. Maybe there needs to be some more talk about what can be structured here in the future,” Red Eagle said.
Congresswoman Maria Whitehorn stressed to the committee the urgency of helping the council pay their attorney fees and other expenses but recognized the request to fund their salary increases.
“Things have changed,” she said.
“They’ve made some changes in their salaries … and there’s a shift in this budget,” she acknowledged.
She, like other Congress members respected the fact that people have differing opinions about the funding.
“That wasn’t my decision. That wasn’t Congress’s decision. That was their decision,” Whitehorn said.
Appropriations Committee Chair Jodie Revard acknowledged there were a lot of strong opinions about pay raises to the Minerals Council. She said she had received phone calls from constituents asking her not to support the pay raises.
Congresswoman Alice Goodfox said Congress should discuss the appropriation further. She said she was glad to hear Chairman Red Eagle thank Congress for their help.
“This is a hot topic, and it has to do with salaries,” Goodfox said.
She explained the process for salary increases for Congress. When Congress passes a wage increase it doesn’t take effect until after the next election – for the next group of Congress members.
“This body cannot vote itself a raise,” Goodfox said.
She stressed there may need to be a constitutional amendment to allow for Congress to fund council member raises. She said it’s a process the Minerals Council would have to also agree on.
“We’re probably going to have to go in and amend the Constitution, if we go this route … that’s how big of a deal this is. And that’s not an easy thing to do, but it can be done with proper education and proper planning.”
She said there needs to be some structure and a fair process.
“No other elected body within this Nation is allowed to vote themselves a raise on Friday and start getting it the following Monday,” she said.
The committee voted to amend the legislation and remove the salary increase amount. The new appropriation amount to the Council was $1,333,974. The bill was passed out of committee with a “do pass” recommendation. The Congress unanimously passed ONCA 25-28 on the last day of the 3rd Special Session on Jan. 16.