Starting June 17, the Third Osage Nation Congress will convene for the final time to consider remaining legislative matters in a special session before the next group of legislative and executive branch leaders take office.

On May 23, Congressional Speaker Raymond Red Corn issued an executive proclamation calling for the legislative body’s 14th special session at 10 a.m. that day. The sole item listed on the proclamation is: “a resolution to authorize and approve execution of a loan agreement, pledge agreement and related loan documents; to authorize a limited waiver of sovereign immunity waiver from suit and a consent to jurisdiction.” 

The loan is being used to help support the building costs for phase I of the campus master plan now under construction in Pawhuska.   

This latest proclamation comes one day after the 13th special session ended without considering a Congressional resolution for approving the loan documents, which were not ready for the Congress members’ consideration.

As a result, the resolution (ONCR 14-11) was withdrawn by its sponsor Congressman RJ Walker. At issue in the loan documents is the waiver of sovereign immunity, which must be approved by the Congressional body before the loan takes effect.   

The loan issue refers to a December 2012 special session debate where a resolution (ONCR 13-01, Walker) authorizing the Executive Branch to seek a $10 million loan to complete the first phase narrowly passed on a 7-6 vote after then-Assistant Principal Chief Scott BigHorse broke the tie voting “yes.” The vote put ON Treasurer Callie Catcher in charge of seeking loan proposals that would eventually be brought back to the Congress for consideration regarding the sovereign immunity waiver typically written into loan agreements with major financial institutions.

During a May 21 Congressional governmental operations committee meeting, Catcher said “I started soliciting loans in February when we started turning dirt,” referring to the groundbreaking ceremony held at the campus. Catcher said she ordered the loan documents during the prior week, but they were not ready, prompting concerns by Congress members who preferred to review them before passing the resolution.

Congressman Geoffrey Standing Bear said he is concerned about the sovereign immunity waiver noting he needs to know questions including “what is the sovereign immunity waiver limited to? … It has to be limited should something go wrong with the loan and ‘what are the legal opinions from legal counsel?’” Standing Bear said he believes legal officials including the Attorney General and Congressional legal counsel need to review the loan documents as well.

Catcher agreed the legal documents need attorney review, but noted she did not start soliciting loans until the loan money is needed. “My role is to get the best financial deal the Osage Nation government can get,” Catcher said adding she did not want to start incurring loan costs if the borrowed money is not being spent.

Congressional Speaker Raymond Red Corn suggested the Congress meet for another special session to revisit the issue because the loan documents should be ready by then.

Chief pocket-vetoes resolution to halt Tulsa casino expansion

Also during the May special session, the Congress considered and passed a resolution (ONCR 14-09 sponsored by Red Corn) to request the ON Gaming Enterprise Board to hold off expansion of the Tulsa casino “in abeyance until the 2015 plan of operation is approved.” This resolution passed with an 11-1 vote with a “no” vote from Congressman John Jech, but was pocket vetoed by Chief BigHorse after the special session ended.

An earlier version of the resolution called for a moratorium before the language was amended. The amended resolution also requests the gaming board to distribute $50 million to the Nation’s government in the 2015 fiscal year. The proposed request is $10 million more than the current annual distribution amount sent to the Nation’s government in monthly portions.

The status of the Tulsa casino project is unknown. During a May 22 Congressional Commerce and Economic Development Committee meeting, a presentation was given by Osage Casino management including CEO Neil Cornelius. The committee voted to enter executive session that day to review the plans, thus far, for the Tulsa property. Cornelius requested the closed-door meeting citing concerns that the proprietary information and plans need to be protected from tribal gaming competitors.

The June 17 special session will occur during the off-weekend for the annual In-Lon-Schka ceremonial dances. It’s unknown how long the session will last, but special sessions may last up to 10 days and may be extended with Congressional approval up to three additional days.

The Fourth ON Congress and elected Executive Branch officeholders will be sworn into office on Wednesday July 2.