After successfully suing a wind farm developer in a fight over mining, the Osage Minerals Council finds itself in another fight. It’s being sued by the Third Osage Minerals Council in a dispute over who really owns the Osage Mineral Estate.
The Third Osage Minerals Council, on a vote of 4-3 recently moved to take the Minerals Council to court, according to a report in Osage News.
The Third Osage Minerals Council members contend the state actually belongs to Osage headright holders and not the Osage Nation. Councilwoman Stephanie Erwin said when the 2006 Osage Nation Constitution was ratified, it was in violation of the 1906 Osage Allotment Act.Osage Allotment Act.
Headright holders are also commonly called shareholders in the Osage tribe and receive quarterly royalty payments for oil and gas production from the mineral estate.
Erwin also maintains that it was a violation of the Indian Civil rights Act of 1968.
“Because of this I think we need to go in and have our attorney file for breach of trust to get your property back, it’s your property,” she said to headright holders. “At no time were you ever paid for it. We still live in the United States of America. You cannot take something away from somebody they have paid for without paying for it … We need to get this clarified and the only way we can do that is to file for a breach of trust.”