Election of Officers of the Osage Minerals Council, 54364-54367 [2021-21385]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54364-54367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21385]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 90

[212A2100DD/AAKC001030/A0A501010.999900]
RIN 1076-AF58


Election of Officers of the Osage Minerals Council

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is finalizing revisions to 
its regulations governing elections of the Osage Nation. These 
revisions update and limit the Secretary's role to the task of 
compiling a list of voters for Osage Minerals Council elections. These 
changes reaffirm the inherent sovereign rights of the Osage Nation to 
determine its membership and form of government.

DATES: This rule is effective on November 1, 2021.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of Regulatory 
Affairs & Collaborative Action, telephone (202) 273-4680, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority
II. History of the Rule
III. Overview of Rule
IV. Changes From Proposed Rule to Final Rule
V. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement and Fairness Act
    D. Unfunded Mandates Reform Act of 1995
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Paperwork Reduction Act
    I. National Environmental Policy Act (NEPA)
    J. Consultation With Indian Tribes (E.O. 13175)
    K. Energy Effects (E.O. 13211)

I. Statutory Authority

    BIA is finalizing this rule under the authority of the Act of June 
28, 1906, Public Law 59-321, 34 Stat. 539, as amended by the Act of 
December 3, 2004, Public Law 108-431, 118 Stat. 2609.

II. History of the Rule

    The Department of the Interior provided testimony in support of the 
legislation proposed by the Osage Nation when the Nation sought to 
exercise its inherent sovereign rights. Thereafter, the United States 
Congress reaffirmed in 2004 the Nation's rights to determine its 
membership and form of government. The following discussion sets forth 
a brief historical account of the relationship between the Osage Nation 
and the Federal government.
    In 1906, the Congress enacted the Osage Allotment Act, which is 
unique among Federal Indian laws in that it restricted the Osage Nation 
from defining its own membership rules, and prescribes a particular 
form of government, which the Nation could not change without seeking 
amendment or clarification of Federal law. In 2002, the 31st Osage 
Tribal Council, formed pursuant to the Osage Allotment Act, actively 
began seeking a legislative remedy to address the restrictions 
contained in the Osage Allotment Act.
    On July 25, 2003, Congressman Frank Lucas (R-OK) introduced H.R. 
2912, a bill reaffirming the rights of the Osage Nation to form its own 
membership rules and tribal government, provided that no rights to any 
shares in the mineral estate of the Nation's reservation are 
diminished. The bill also directs the Secretary of the Interior to 
assist the Nation in holding appropriate elections and referenda at the 
request of the Nation.
    H.R. 2912 was referred to the Committee on Resources. On March 15, 
2004, that Committee held a hearing on the bill in Tulsa, Oklahoma. 
Osage Nation officials, a BIA representative, and Osage people 
testified in favor of the bill. On May 5, 2004, the bill was favorably 
reported to the House of Representatives by unanimous consent. See H. 
Rpt. 108-502. On June 1, 2004, the House of Representatives passed the 
bill and then sent it to the Senate, and it was referred to the 
Committee on Indian Affairs.
    On July 14, 2004, the Committee on Indian Affairs favorably 
reported H.R. 2912 to the Senate with a ``do pass'' recommendation. 
President Bush signed H.R. 2912 into law on December 3, 2004, and 
became Public Law 108-431, 118 Stat. 2609.
    The Commission began conducting town hall meetings in April 2005. 
Meetings were conducted in all Osage communities and other geographic 
areas with large concentrations of Osages. This was followed by a 
written survey mailed to all Osages with a Certificate of Degree of 
Indian Blood (CDIB) card. Input from the meetings and data obtained 
from the survey results were compiled to formulate key questions put 
forward to the Osage people for a vote in a referendum in November 
2005.
    The results from the referendum were used to draft an Osage 
Constitution, which was ratified on March 11, 2006, in a second 
referendum vote. The Osage Nation adopted a new constitutional form of 
government reorganized from a Tribal Council system into a tripartite 
system, which now includes an executive, legislative and judicial 
branch with a separation of powers between the three branches.
    This was followed on June 5, 2006, by the election of a Principal 
Chief and Assistant Principal Chief, Osage Nation Congress, and Osage 
Minerals Council. At the request of the Nation, the BIA provided 
technical assistance in conducting the election in accordance with 
Public Law 108-431, 118 Stat. 2609. With the elections completed, all 
elected officials were sworn into their respective offices on July 3, 
2006. Upon the swearing in of these elected officials, governmental 
authority passed from the Osage Tribal Council to the Osage Nation 
Constitutional Government. Thereafter, the Osage Tribe of Indians of 
Oklahoma became the Osage Nation.
    In 2008, the BIA formally acknowledged the name change of the Tribe 
from the Osage Tribe of Indians of Oklahoma to the Osage Nation and 
published the change in the Federal Register in the list of Indian 
Entities Recognized and Eligible to Receive Services from the United 
States Bureau of Indian Affairs. (See, 73 FR 18553, April 4, 2008). 
Further communication between the Nation and the BIA eventually 
resulted in an agreement to begin an informal negotiated rulemaking 
process. In February 2010, representatives from the Osage Nation, the 
BIA Eastern Oklahoma Region, Osage Agency, the BIA Eastern Oklahoma 
Region, Eastern Oklahoma Regional Office, the Tulsa Field Solicitor's 
Office, and the BIA Central Office convened to form a joint regulation 
negotiation team. The team completed new and revised regulations to 
cover 25 CFR parts 90, 91, 117, and 158. The June 2010 Election 
resulted in a change of administration of the Osage Nation, thereby, 
starting the process over again with a new vision from Osage Nation. 
The Osage Nation formed a new team in 2019 and they have reviewed and 
revised regulations to cover 25 CFR part 90. The team will continue 
working on parts 91, 117, and 158.

III. Overview of Rule

    This rule governs BIA's role in providing information to the Osage 
Minerals Council Election Board for purposes of notice. The existing 25 
CFR part 90 is the authority for the release of otherwise potentially 
confidential

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information to the Osage Minerals Council Election Board. The 
alternative to these amendments would deprive the Osage Nation of the 
information it needs to accurately identify Osage voters. Amendments to 
this part focus on the BIA's procedures in compiling a complete 
annuitant list with addresses and headright interests to the Osage 
Minerals Council Election Board for purposes of identifying Osage 
voters.
    This rule deletes most provisions of part 90 in their entirety 
because of the enactment of the Public Law 108-431, 118 Stat. 2609, and 
subsequent adoption of the Constitution of the Osage Nation. Thus, the 
remaining purpose of this part is the authority for BIA to provide a 
list to the Osage Minerals Council Election Board of eligible headright 
interest owners in the manner requested by the Osage Nation. The 
Department may not generally release this information but this part 
provides authority for the release solely to the Osage Minerals Council 
Election Board for purposes of conducting elections for the Osage 
Minerals Council. The Privacy Act does not prohibit disclosure of the 
headright interests of eligible Osage voters for this purpose. The 
Department may provide the list of eligible headright interest owners 
as a routine use under the Privacy Act.
    In response to the Constitution of the Osage Nation, the BIA 
significantly reduced its role in the elections of the Osage Nation as 
of June 2006. The only remaining portion in part 90 describes the 
current role of the BIA in the Osage Minerals Council election process.
    The following distribution table indicates where each of the 
current regulatory sections in 25 CFR part 90 is located in the new 25 
CFR part 90.

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        Current 25 CFR Sec.               New 25 CFR Sec.                Title            Description of change
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N/A..................................  90.100.................  What role does BIA play  Consolidated current
                                                                 in the Osage Minerals    Sec.  Sec.   90.21 and
                                                                 Council elections?       90.35 into one new
                                                                                          section.
90.1.................................  N/A....................  General, Definitions...  Deleted.
90.2.................................  N/A....................  General, Statutory       Deleted.
                                                                 provisions.
90.21................................  N/A....................  Eligibility, General...  Revised and
                                                                                          incorporated into the
                                                                                          new Sec.   90.100.
90.30................................  N/A....................  Elections, Nominating    Deleted.
                                                                 conventions and
                                                                 petitions.
90.31................................  N/A....................  Elections,               Deleted.
                                                                 Applicability.
90.32................................  N/A....................  Elections, Election      Deleted.
                                                                 Board.
90.33................................  N/A....................  Elections, Watchers and  Deleted.
                                                                 challengers.
90.34................................  N/A....................  None (Apparently
                                                                 omitted).
90.35................................  N/A....................  Elections, List of       Revised and
                                                                 voters.                  redesignated as Sec.
                                                                                          90.100 (see first
                                                                                          row).
90.36................................  N/A....................  Elections, Disputes on   Deleted.
                                                                 eligibility of voters.
90.37................................  N/A....................  Elections, Election      Deleted.
                                                                 Notices.
90.38................................  N/A....................  Elections, Opening and   Deleted.
                                                                 closing of poll.
90.39................................  N/A....................  Elections, Voters to     Deleted.
                                                                 announce name and
                                                                 residence.
90.40................................  N/A....................  Elections, Ballots.....  Deleted.
90.41................................  N/A....................  Elections, Absentee      Deleted.
                                                                 voting.
90.42................................  N/A....................  Elections, Absentee      Deleted.
                                                                 ballots.
90.43................................  N/A....................  Elections, Canvass of    Deleted.
                                                                 election returns.
90.44................................  N/A....................  Elections, Statement of  Deleted.
                                                                 supervisor.
90.46................................  N/A....................  Elections, Notification  Deleted.
                                                                 of election of tribal
                                                                 officers.
90.47................................  N/A....................  Elections, Contesting    Deleted.
                                                                 elections.
90.48................................  N/A....................  Elections, Notice of     Deleted.
                                                                 Contest.
90.49................................  N/A....................  Elections, Expenses of   Deleted.
                                                                 elections.
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IV. Changes From Proposed Rule to Final Rule

    On December 4, 2020 (85 FR 78300), the BIA published a proposed 
rule to update Federal regulations related specifically to the Osage 
Nation so that the regulations align with the Osage Nation's new form 
of government and address outdated regulations. The proposed rule was 
developed through a consensus-oriented process conducted between the 
BIA and the Osage Nation.
    During the public comment period on the proposed rule, the BIA 
received two comments: One from an individual in support of the rule, 
the other from the Osage Minerals Council expressing general support 
for the proposed rule but requesting a change in the nomenclature of 
the titles and entities that conduct the elections to reflect the 
sovereign authority of the Osage Nation and the Osage Minerals Council 
to change that nomenclature. Specifically, the Osage Minerals Council 
requested that ``supervisor of the Osage Minerals Council Election 
Board'' be changed to the ``Osage Minerals Council's designee charged 
with carrying out Osage Minerals Council elections.'' The final rule 
makes this change.
    The Osage Nation also requested clarification that the list of 
names the Osage Agency Superintendent provides be based on the 
quarterly annuity roll at the Osage Agency as of the last quarterly 
payment ``of the last full quarter'' immediately preceding the date of 
the election. To clarify which quarterly annuity roll is intended as 
the basis for the list, the final rule specifies that it will be the 
March quarterly annuity payment. Elections are held in June so the 
voters list would reflect the March annuity payment. This revision 
avoids the potential for misinterpretation of which quarter's annuity 
roll is intended.

V. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866, 13563, and 13771)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) at the Office of Management 
and Budget (OMB) will review all significant rules. OIRA has determined 
that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The E.O. directs agencies to consider

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regulatory approaches that reduce burdens and maintain flexibility and 
freedom of choice for the public where these approaches are relevant, 
feasible, and consistent with regulatory objectives. E.O. 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

B. The Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. Because this rule is 
exclusively confined to the Federal Government, Osage Indians, and the 
Osage Nation, this rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act of 1995

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule does not have a monetarily significant or unique effect 
on State, local, or Tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 because this rule 
does not affect individual property rights protected by the Fifth 
Amendment or involve a compensable ``taking.'' A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. A federalism 
summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule: (a) Meets the criteria of section 3(a) 
requiring that all regulations be reviewed to eliminate errors and 
ambiguity and be written to minimize litigation; and (b) Meets the 
criteria of section 3(b)(2) requiring that all regulations be written 
in clear language and contain clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with federally recognized Indian 
Tribes through a commitment to consultation with these Indian Tribes 
and recognition of their right to self-governance and Tribal 
sovereignty. We have evaluated this rule under the Department's 
consultation policy and under the criteria in Executive Order 13175 and 
have determined that it has substantial direct effects on one federally 
recognized Indian Tribe because the rule directly addresses the Osage 
Nation. The Department consulted with the Osage Nation on this rule. 
This rulemaking is a result of a consensus-oriented process conducted 
between the Department of the Interior and the Osage Nation to identify 
a rulemaking strategy to address issues and concerns contained in the 
regulations related specifically to the Osage Nation, which no longer 
align with the Nation's form of government. The purpose of this 
rulemaking is to allow the Department of the Interior to better meet 
its fiduciary trust responsibilities and to carry out the policies 
established by the Congress to strengthen Tribal sovereignty with 
regard to elections of Osage Nation officers.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because this is an administrative and procedural regulation. 
(For further information see 43 CFR 46.210(i)). We have also determined 
that the rule does not involve any of the extraordinary circumstances 
listed in 43 CFR 46.215 that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

List of Subjects in 25 CFR Part 90

    Elections, Indians--tribal government.


0
 For the reasons given in the preamble, the Department of the Interior 
revises 25 CFR part 90 to read as follows:

PART 90--ELECTIONS OF OSAGE MINERALS COUNCIL

Sec.
90.100 What role does the Bureau of Indian Affairs (BIA) play in the 
Osage Minerals Council's elections?
90.101 [Reserved]

    Authority:  5 U.S.C. 301; 25 U.S.C. 2, 9; Sec. 9, Pub. L. 59-
321, 34 Stat. 539; Pub. L. 108-431, 118 Stat. 2609, 118 Stat. 2609.

Sec.  90.100  What role does the Bureau of India Affairs (BIA) play in 
the Osage Minerals Council's elections?

    (a) The Superintendent of the Osage Agency must compile, at the 
request of the Chair of the Osage Minerals Council, a list of the 
voters of Osage descent who will be 18 years of age or over on the 
election day designated by the Osage Minerals Council and whose names 
appear on the March quarterly annuity roll at the Osage Agency as of 
the March quarterly payment immediately preceding the date of the 
election. Such list must set forth only the name and last known address 
of each voter.
    (b) For purposes of calculating votes, the Superintendent must 
furnish to the Osage Minerals Council designee charged with carrying 
out Osage Minerals Council elections a separate list containing the 
name and last known address of each eligible voter and including the 
voter's headright interest shown on the last March quarterly annuity 
roll.

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Sec.  90.101  [Reserved]

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-21385 Filed 9-30-21; 8:45 am]
BILLING CODE 4337-15-P