August 19, 2011
THE OSAGE MINERALS COUNCIL
The Osage Tribe Allotment Act of 1906 and the amendments thereto (“1906 Act”) reserved the mineral estate of the Osage Reservation to the Osage Tribe (“Osage Mineral Estate”);
2. Pursuant to the 1906 Act, the revenues from the Osage Mineral Estate are to be placed in the Osage Tribe’s tribal trust account held at the United States Treasury (“Osage Tribal Trust Account”);
3. Pursuant to the 1906 Act, the revenues placed in the Osage Tribal Trust Account are to be distributed to the holders of Headrights;
4. The Osage Minerals Council, established pursuant to Article XV of the Osage Nation Constitution, is an independent agency within the Osage Nation;
5. The Osage Nation Constitution vests the Osage Minerals Council with the power to administer and develop the Osage Mineral Estate in accordance with 1906 Act, previously vested in the Osage Tribal Council;
6. The Osage Tribe initiated proceedings in the U.S. Court of Federal Claims (“CFC”) in 1999 to seek money damages from the United States for alleged breaches and failures on the part of the United States in the collection of revenues due to the Osage Tribal Trust Account, and the United States’ subsequent management and disbursement of such revenues, among other claims (“CFC Action”);
7. A team of five representatives from the Osage Minerals Council, the Osage Nation Congress, and the Osage Nation Executive Branch have been designated to manage and direct litigation and settlement discussions relating to the Osage Mineral Estate and the Osage Tribal Trust Account, including the CFC Action (“Osage Trust Team”);
8. The United States has initiated settlement negotiations with the Osage Trust Team;
9. The United States and the Osage Trust Team have negotiated in good faith and have arrived at a proposed settlement of litigation relating to the Osage Mineral Estate and the Osage Tribal Trust Account, including the CFC Action, for an amount totaling $380,000,000;
10. On or before October 30, 2011, the Department of the Treasury will pay $345,800,000 into the Osage Tribal Trust Account, for distribution to Headright Holders, and 9% of the total settlement, or $34,200,000, for attorneys fees;
11. Upon execution of the settlement, the Headright Holders will be paid over $155,000 per headright interest;
12. The Osage Trust Team will conduct informational meetings with Osage Headright Holders, the first one scheduled for Pawhuska at the Wah Zha Zhi Cultural Center on August 24, 2011, at 6:30 p.m., and will canvass with the United States the views of Osage Headright Holders.
THEREFORE, BE IT RESOLVED,
The Osage Minerals Council hereby grants preliminary approval of the proposed settlement and recommends that Osage Headright Holders support the proposed settlement.
I hereby certify the foregoing Resolution No. 2-57 was considered by the Osage Minerals Council at a duly called meeting in Pawhuska, Oklahoma, at which a quorum was present and the same was adopted by a vote of 8 in favor, 0 opposed, and 0 absent on this 17th day of August, 2011.