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Osages tentatively settle with U.S. Government for $380 million

It could be a very good Christmas for Osage shareholders.

The Osage Trust Team announced today (Aug. 17) that they have made an agreement to tentatively settle the Osage Trust Case for $380 million, ending an 11-year court battle with the United States government over the mismanagement of the Osage minerals estate. That is a payout of $155,136 per full share to be made on, or before, Dec. 5 of this year.

“We’ve been in litigation for 11 years now. The prospect of more litigation, more appeals, the Trust Team thought the time has gone on long enough in this case,” said Wilson Pipestem at the Osage Minerals Council meeting today. Pipestem, Osage/Otoe-Missouria, is the attorney for the Osage trust team.

“It’s been an intense few months, to say the least, but we made it this far,” Pipestem said. “Bottomline, before Dec. 5, payments will be made to headright holders.”

In addition to the $380 million, the United States has agreed in principle to processes and actions to improve the management of the Osage Mineral Estate and the Osage tribal trust account, according to a prepared news release.

The settlement is the result of months of negotiations with the U.S. following U.S. Court of Federal Claims rulings that said the Osage Tribe was owed approximately $330 million for claims arising from 1972 to 2000. This ruling was subject to appeals to the Federal Circuit and possibly the U.S. Supreme Court. The tribe and the U.S. were moving toward a trial in early 2012 for the remaining claims in the case, then further appeals, the release stated.

The settlement is tentative at this point, with the trust team seeking comment from Osage shareholders everywhere. A mail-out will be sent from the Bureau of Indian Affairs soon to notify Osages of the proposed settlement. The mail-out also asks for shareholder feedback. A Web site is also being set up to notify Osage shareholders of the settlement.

Once feedback has been heard the trust team will then move forward to accept or deny the settlement. If the trust team should deny the settlement the case will move forward in 2012 and beyond, Pipestem said.

Upon agreement and authorization of the settlement, the United States will deposit $345 million in the Tribal Trust Account and the money will be disbursed to all shareholders of the Osage Minerals Estate, whether they are Osage, non-Osage, or entities.

The law firms representing the tribe will be paid a 9 percent contingency fee.

The trust team is made up of three members of the Osage Minerals Council, the Speaker of the Osage Congress and the Principal Chief of the Osage Nation. They are Galen Crum, Cynthia Boone, Dudley Whitehorn (Chairman), Jerri Jean Branstetter and John D. Red Eagle.

“While not perfect, the proposed settlement represents an end to over a decade of hard fought litigation and a new beginning for improved management of the Osage Mineral Estate and Osage trust funds,” Whitehorn said. “Upon execution of the settlement, our Osage headright holders, including our elders who have waited too long for this settlement, will receive their settlement payout before Christmas.”

Informational meetings

Informational meetings for Osage shareholders are being set up to offer more details of the settlement, Pipestem said. The first meeting is scheduled for Aug. 24 at 6:30 p.m., to be held at the Wah-Zha-Zhi Cultural Center in Pawhuska.

Location

Osage Nation Congressional Chambers

813 Grandview

PawhuskaOK

United States


By

Shannon Shaw Duty


Original Publish Date: 2011-08-17 00:00:00

Author

  • Shannon Shaw Duty

    Title: Editor

    Email: sshaw@osagenation-nsn.gov

    Twitter: @dutyshaw

    Topic Expertise: Columnist, Culture, Community

    Languages spoken: English, Osage (intermediate), Spanish (beginner)

    Shannon Shaw Duty, Osage from the Grayhorse District, is the editor of the award-winning Osage News, the official independent media of the Osage Nation. She is a graduate of the University of Oklahoma with a bachelor’s degree in Journalism and a master’s degree in Legal Studies with an emphasis in Indigenous Peoples Law. She currently sits on the LION Publishers board of directors, the Freedom of Information Committee for the Society of Professional Journalists, and she is also a member of the Pawhuska Public Schools Board of Education. She served on the Board of Directors for the Native American Journalists Association (NAJA) from 2013-2016 and served as a board member and Chairwoman for the Pawhuska Johnson O’Malley Parent Committee from 2017-2020. She is a Chips Quinn Scholar, a former instructor for the Freedom Forum’s Native American Journalism Career Conference and the Freedom Forum’s American Indian Journalism Institute. She is a former reporter for The Santa Fe New Mexican. She is a 2012 recipient of the Native American 40 Under 40 from the National Center for American Indian Enterprise Development. In 2014 she helped lead the Osage News to receive the Elias Boudinot Free Press Award. The Osage News has won Best Newspaper from the SPJ-Oklahoma Chapter in their division the past five years, 2018-2022. Her award-winning work has been published in Indian Country Today, The Washington Post, the Center for Public Integrity, NPR, the Associated Press, Tulsa World and others. She currently resides in Pawhuska, Okla., with her husband and together they share six children, two dogs and two cats.

Avatar photo
Shannon Shaw Dutyhttps://osagenews.org

Title: Editor

Email: sshaw@osagenation-nsn.gov

Twitter: @dutyshaw

Topic Expertise: Columnist, Culture, Community

Languages spoken: English, Osage (intermediate), Spanish (beginner)

Shannon Shaw Duty, Osage from the Grayhorse District, is the editor of the award-winning Osage News, the official independent media of the Osage Nation. She is a graduate of the University of Oklahoma with a bachelor’s degree in Journalism and a master’s degree in Legal Studies with an emphasis in Indigenous Peoples Law. She currently sits on the LION Publishers board of directors, the Freedom of Information Committee for the Society of Professional Journalists, and she is also a member of the Pawhuska Public Schools Board of Education. She served on the Board of Directors for the Native American Journalists Association (NAJA) from 2013-2016 and served as a board member and Chairwoman for the Pawhuska Johnson O’Malley Parent Committee from 2017-2020. She is a Chips Quinn Scholar, a former instructor for the Freedom Forum’s Native American Journalism Career Conference and the Freedom Forum’s American Indian Journalism Institute. She is a former reporter for The Santa Fe New Mexican. She is a 2012 recipient of the Native American 40 Under 40 from the National Center for American Indian Enterprise Development. In 2014 she helped lead the Osage News to receive the Elias Boudinot Free Press Award. The Osage News has won Best Newspaper from the SPJ-Oklahoma Chapter in their division the past five years, 2018-2022. Her award-winning work has been published in Indian Country Today, The Washington Post, the Center for Public Integrity, NPR, the Associated Press, Tulsa World and others. She currently resides in Pawhuska, Okla., with her husband and together they share six children, two dogs and two cats.
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