Most usually when a new government is elected, the staff all changes. It is to bad people lost their jobs, but they should of been doing their jobs. Could we just give all the MC a chance and not start running them down, because you don't like something. Let's give them a chance, to get it all straightened out. I am going to give them all a chance, if you don't like certain ones. just keep it to yourself, and not start things. Thank you.
When the cats away the mouse will play. There is no fair when money and politics rule or don't, especially at the expense of the M.E and the huge incompetence that exists. Now this being said, this is a domino affect from prior M.C's to the current and is most disturbing, there is no diplomacy here other wise, if there were we would not be in the predicament we are in. Time for a concensus with the SHAREHOLDER'S long over due. Time to take away the teet sorta speak. I had empathy not no more. Empathy does not take care of the Mineral Estate. Lol
See http://www.doi.gov/oig/reports/upload/CR-EV-BIA-0002-2013Public1.pdf Then see http://barnsdalltimes.com/http:/barnsdalltimes.com/news/bia-report-is-scathing What do you think about the MOU recommendations all throughout the report?
This and all the changes, hopefully next year most of this is handled. This is a scathing report, and even that word is putting it mildly. Not as if it wasn't already a known fact what was happening with the M.E. You can SQUARELY put this back on the BIA and the DOI but think about who's hands are really tied. So do the numbers $ 47,000 a month we are losing and this was with just 4 leases. This undercollection by far a gross malfeasance is a understatement.
In response to the post from osageblogger Nov 13 at 1:55 AM...everyone should read the report in the Barnsdall times. Simply Google 'Barnsdall times' and the article will appear at the top entitled "BIA Report is Scathing! This report is from the Dept of Interior Inspector General and slams the BIA in Osage county and is not to friendly toward our MC, past and present. It points out lack of management and over site by both. If you read the entire report from the Barnsdall Times you will be amazed at what has been going on and the lack of competency by both groups and when someone speaks out as reported, we fire them! We are in deep trouble folks and I don't see our MC taking any leadership role in this problem. In fact the next to the last paragraph in the report slams the past and present MC for " Failing to embrace rnodern-day practices and standards" there by costing the shareholders. The last paragraph states " The Council has historically resisted assistance from the Bureau of Land Management, BIA and the Office of Natural Resources Revenue and continues to do so:.It ends with " This effectively avoids more oversight....with no incentive to opt to a more rigorous system of accountability" The question is...How long are we, the shareholders going to remain quiet and not DEMAND that something be done and keep voting to place people in the MC that have been at the helm of all this mess. And when you look at a MC member wanting to put a past BIA supervisor in charge of the MC office and another MC member wanting a friend from the museum to run the office it doesn't take much to see the incompetency and failure to see the over all problems that exist. Unless we demand change from the BIA and MC then we are destine for MORE of the Same!
Great read. Really feel your pain as I share the same sentiments along with your frustration and when I look at what has transpired in 7 years and in respect for everyone involved including the BIA and the DOI when all else fails this falls back on the BIA and DOI. The excuses need to end and a VOICE is needed for the Shareholder's. This has not fallen on death ears any one of these issues. The very sad part is there is no communication with the Shareholder's on a whole. This can be rectified by a by monthly letter to the SHAREHOLDER'S represented by the M.C not through the OSA. Not reliable. If we had a full Petroleum Office in place with a set standard for good policy the communication then would be employed, but we are not there and we have to ask why? Funding? Lack of finding talented, educated and sophisticated with good work ethics is hard to find in there area? Or is going to be more of the same, nepotism. Change is long overdue and doing more of the same is just insanity. Nothing can stop the man with the right attitude ffom achieving his goal, nothing on earth can help a man with the wrong mental attitude. Thomas Jefferson. We have forward thinking and so should the M.C and we are still at square 1 and three years later a day late and another dollar lost all the while we could be moving in a forward direction. There is absolutely no reason while the legal fight in the courts continue why we can't take initiative and orchestrate a full mineral office and start training and so forth, but then again it takes will power by the SHAREHOLDER'S OF THE SHAREHOLDER'S FOR THE SHAREHOLDER'S.
Change is long overdue. The bureau needs to hire qualified supervisors. I heard the field supervisor didn't even graduate high school, is a non Osage with the G.E.D. the best B.I.A. can do for the Shareholders?
FYI: A TOTAL WOW! I just got off the phone with Delta Dental and the agent I spoke with had no idea that you have to re-up and buy a new plan this year through your local State exchange, if applicable or the Federal healthcare exchange in order to qualify for your 2015 tax credits, if you quality, for both medical and dental insurance. For most people (non-Indian), you have an enrollment period ending on December 14, 2014 to buy these policies. For Native Americans, we have an open enrollment period at any time of the year.
I do understand the law of the land. And the decision the Judge came to. He really had no choice. What I do not get is why the Board would approve one wind farm and not the other. Just one day a wind farm came in and took eminent domain? How did this begin? And now the recourse? And would have this happened if we had not lost the Reservation case?
to 12:25. Yes, it would have happened even without the decision that the reservation had been disestablished (and not just diminished) by the 1906 Act. The Osage actually have no control over the surface land, as even what surface land the tribe has is held in trust by the BIA. The BIA must manage the property held in trust in accordance with applicable laws, regulations and agency policies.
The companies putting in wind farms aren't exerting eminent domain. They have entered into lawful agreements with the property owners for use of the surface rights.
As to recourse? The Osage Nation is not an interested party and has no ability to bring legal action which won't simply be dismissed.
Anyone seeking to spend the tribe's money to take legal action is just looking to their own personal interests, being motivated by political or financial gain.
"Anyone seeking to spend the tribe's money to take legal action is just looking to their own personal interests, being motivated by political or financial gain." I just love this sentence. What's your point? Certainly the rest of the world's people who have annuity payments feel that they have the right to defend their financial interests in any way they see fit, but in this instance, these are Indians and therefore unworthy in your opinion to do so? Right? Perhaps you ought to take a look at the second segment of this ultra-smart spy thriller trilogy to find out how the world really works beyond your provincial little view: "...Empty the vaults of private wealth, you could pay off the world's debt in a day, in an hour, in a minute. Three-quarters of the world's cash is hidden away in places like this (Turks and Caicos)... 21 Trillion dollars." These people will defend their money from anyone or anything including the U.S. Government when it comes collecting taxes for making purchases of exactly as such and other as such as what this MFTV film suggests and you are bashing the Osages who receive Headright checks and have every right to protect them? http://www.pbs.org/wgbh/masterpiece/watch-online/full-episodes/worricker-turks-caicos/
None of these people would even be trying it if Jim Gray and all but Osage Congress members Supernaw and Anderson who were the only ones who refused to finance that lawsuit against those Oklahoma Tax Commissioners. It would have been throwing good money after bad. The ONO backed new government is so rabid to get at that headright money that they went into court to get a Federal judge's opinion acknowledging the fact that the Federal Osage reservation exists and it blew up in the faces of all of them to the financial peril and detriment of everyone who receives a headright check. Why do you think StandingBear was recently off to Washington D.C. to compact the BIA everywhere he can? Who benefits if the Federal Trust falls away? In the absence of the current BIA managed ME Trust, what (Federally recognized new Osage governmental) entity, according to the 1906 Allotment Act as amended, now owns both the mineral rights and the income generated by them? No matter how awful the BIA is according to the recent DOI report, I hardly think the headright owners would like to trade in the BIA for the oversight and management of a new trust by the Osage Nation that likely will only include those who live in Osage County run by employees who are terrific at picking up their paychecks and running on the Osage version of Indian time. StandingBear has already put in for compacting the BIA on probate work. Imagine how that will go with all your estate probate paperwork stuffed in a drawer because the assigned Osage worker is too lazy, too unskilled in the job they've been hired to do to do a good job or just doesn't like your family or you in particular. Remember, because of the Osage Constitution, you can't sue the Osage Nation for any reason in Federal Court because of Tribal Sovereignty and according to the governing document itself, you can't get any money damages from the Osage Nation in Tribal Court. If you were to sue them on an estate issue on principal in the Osage Nation Court, how well do you think that will go?
ARTICLE IV: Section 4. Remedies: No person shall be entitled to an award of monetary damages, as a form of relief, in the Osage Trial Court for any violation of these rights; unless the Osage Nation Congress may by law provide for monetary damages as a form of relief for such violations, when relief would best serve the interests of the Osage Nation or that of justice.
IT did their job. In fact, an IT employee has been serving as the secretary for every MC meeting since Oct.1. The audio was live streamed perfectly and it was put on the MC web site within a hour or so after the meeting. Providing meeting notices and agendas is the MC office staff's responsibility but they first must be approved by the chairman. All those minutes you see not available on the web site are minutes not yet approved by the council. WHY IS THIS? Once IT gets any information, they immediately put it on the web site. We have no office staff to do these things because the MC voted to fire them all on Sept. 29. When you understand who has been running the office since that time, you will understand why there has been absolutely NO normal services happening for the shareholders. There needs to be many changes made at the MC. DRASTIC CHANGES! They said at the meeting Friday that they would be dealing with the office manager position on Wednesday. If they find a good one, maybe the changes will begin. It does look like the council is moving forward on several issues. Gas analyist Susan Forman outlined many problems with the BIA handling of natural gas measurement and accounting in her report Friday. Hiring her was the smartest thing this council could have done. Now if they will just get someone equally qualified to handle the oil measurement and accounting, a qualified office manager, and hire an engineer to run the business for them, we should start seeing progress.
If this is true, why am I receiving a 404 Error message, on two different computers every time I click on the audio link to yesterday's meeting? Of course, nothing could possibly be wrong with the URL string as entered that identifies the actual link destination on the web because Osage Nation IT was involved, now could it?
I apologize for not checking that out before I shot my mouth off. You are correct. Apparently an error was made when it was entered. Let's hope it is fixed 1st thing Monday.
Great to see support on these V.I.P issues. Change should have taken place before the 3rd M.C took office, that being said, the audit report was disturbing and it is not that we were not self aware, since the HPP settlement. We understood the many inefficiencies that exists, still to this very day , since the settlement. It is incumbant of our M.C to be as equally fiscal responsible and accountable. A lot has happened since then and now and I am sure funding is part of the problem and should'nt be. This is what happens with poor stewardship and the meaning of insanity is doing the same thing over and over again. The redundancies abound as mounds of dollars lost. This still three years later. The Producers all know compliance is here and metering should be happening as we speak...though it looks like next year the CFR'S will be in force or at least most of it will be. Ok if any of you done the math lately? Forty seven thousands dollars a month we are losing and this is just on 4 leases I believe out of 8 that were audited. Now do the math we have 4000 wells and all the flaring and getting the bottom of the barrel for royalty. So you have to ask why is this still going on? In the private sector this would be remedied A.S.A.P. What we can do today is get pro-active. Plain and simple. Protocol is not to much to ask for.
Run the Mineral Estate? This is exactly what happens when the Osage Nation government has, up until now, abandoned its responsibility to oversee and hold accountable the gaming operations: "UPDATE: Two Osage Casino executives have voluntarily surrendered their gaming licenses to the Osage Nation Gaming Commission..." Read more at https://www.facebook.com/OsageNews?ref=stream&fref=nf For the umpteenth time, we warned them and they ignored us.
Run the Mineral Estate? 5 man board claims tribe lacks power to prosecute --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/5-man-board-claims-tribe-lacks-power-to-prosecute Justice in Osage Courts is ludicrously slow.
Ray McClain has a new post on his web site, Osages-You-need-to-Know. The article is titled We need an office manager for the MC. He seems to indicate the MC , after firing everyone in the office, is finally going to start hiring office staff. The first position, according to Ray would be "Executive Administrative Secretary" and list what some of the duties will be. The list and requirements they will be looking for are extensive and he states it will probably be very hard if not impossible to find someone with all the qualifications After I read through the list of duties the thought came to mind " What do the MC members do other than come in, take up space during the MC meetings and draw pretty good money for the time spent?" From the mess we find the MC in, it looks like the answer to the question is...Not much!! I see a big fly in the ointment is the duty of assisting MC members with their request. Remember, that one of the issues was that a certain MC member couldn't stay out of the office and harassed the staff. The MC Chairman was supposed to have put a stop to that but that never happened. If the same antics take place with the new hire, they probably won't stay long and quit like some employees before them! A good, well qualified person isn't going to put up with things that took place in the past and I wouldn't blame them. Of course that could change if the person hired is good buddies with certain MC members as we have seen in the past and has already been proposed. Let's hope this doesn't get repeated this time.
Ok, now someone is getting my drift all a long I have been saying we need a functional M.C not a arm chair quarter back. This is why it is up to the SHAREHOLDER'S to decide how their M.C is going to perform to the best of their duties as described oops their is no designate but the future is here and we as Shareholder's must decide and come to conclusion after the debacle of the Audit report how best applied their services and the potential they hold. Let me throw this out there, funding is an issue, hiring is an issue, firing is an issue...these problems exist becuase no one is minding the camp...their needs a full staff at all times eight hours a day...follow through. And this , why we are where we are at. You cannot get the right staff because there is not enough educated talent sorta speak, back home. You are only as good as the next person next to you. In other words your success is my success. Training is much needed and no one is willing to because why? Its really simple there is staff that would like to return and can endure more training but do not want to come back because of Cynthia. Now, that being said...I spoke with an individual M.C member the other day...I suggest you all do the same..but you can't blame this all on one person, this goes back. Bottom line is we want our M.C crossed trained as well to help with the diuties in the office so when that rainy day happens they can pick up where the other can't. And really we shouldn't be in the position that we are in if our M.C did the diligence required by the Shareholder's. Now that's the truth. Facts as they are.
Before the entire office staff was fired, the MC chairman was supposed to keep Cynthia out of the office and causing turmoil. That didn't happen...lots of talk but no action. Now..if you were looking to hire on to be a MC office member and looked back at the past events that happened and those that didn't...would you apply?I don't think so! As a previous poster said, a good qualified person isn't about to put up with what went on and you can't trust the chairman to stop it.
I agree and this is why policy is important to set the standard. I disagree with McClains statement in his last letter to us in that, some of the best people that I have trained realative to experience in a lot of instances, but not all, that they are the best students without bad office habits formed. And you save money in the end, which leaves room for incentive. Experience seems hard to come by back home. Most of this is just data imput anyway. How hard is that, not. The answers are here and can be rectified. It's really not up to the chairman to be involved with the staff period and this is why you have people over stepping their boundries and there is policies and protocols that should be adhered to by law. And if you had a full staff with an office manager, the office manager handles the inside of the office politics according to policy. This alleviates any impropriety. We need to send a sound off to all Shareholder's and get the ball rollin. The problem is we need a list of addresses and at this point I could get this from the ellection office but then the mailer would be sent to everyone and maybe it should?
The chairman should not have to be involved with the office staff...I agree HOWEVER the chairman should be responsible for controlling the MC members. When the chairman tried to put a stop to Cynthia interfering with the office staff and the MC voted to do so, her response was, in short "You can't make me!" SO...who do you think is going to control the new office staff?
I disagree. The Chairman of the Osage Mineral Council is responsible for everything that happens at the MC except the voting of the council. He should delegate responsibility for daily staff operations to the office manager, and give that office manager full authority to direct and oversee staff members, but he is ultimately responsible and he must interact with the staff daily. He must see that each committee is functioning pursuant to the purpose of that committee by attending committee meetings and requiring reports from committee chairmen at council meetings. Most of all, the chairman must always be accessible to the council and to the shareholders, and keep them informed, to the extent possible, of everything that’s happening.
That's why you have a Office Manager who reports and has his or her daily and weekly and monthly reports. At this point the M.C is not interested in the office politics and should focus on progress and the pettiness is handled through the Office Manager. To many Chiefs and not enough employees should be left to the OFFICE MANAGER....thats it in a nut shell. This is called protocol. Now we already discussed communication with the shareholders, is long overdue the process, is not in place and once again we must star this process asap.Once again, the chairman can be comprised of any situation but ultimately the hammer comes down from the Office Manager, not the Chairman. You haven't been in the real world have you. And this will reflect whatever the circumstance may be on the Office Manager. The ball starts and stops with the Office Mananger. Don't mean to insult this is the right way. Have tons of experience wish I was there to offer my help.
I think all the above comments have some merit. But if the chairman doesn't back up (enforce) the rules and procedures as set forth by the office manager, then you have the problems we have seen in the past with certain MC persons thinking they run the office by intimidation and harassment.
Who ever is in charge of this forum...could you please make the "prove you are not a robot" more clear? I don't mind going through the motion but it would help if the text was brighter. Thanks
You have got to listen to today's meeting especially to the segment with Robin Phillips and the new questionnaire that she has dropped on the "grandfathered" leases of the oil producers. Also listen for that consultant try and sell another Harvard Project boy after we just got rid of two of them in the Osage, LLC for losing $18 million of the Osage people's money. Stay out of this Eddy Red Eagle. We don't need you and that ONES, LLC skulking around and mucking everything up everywhere you go. Retire. That's the best thing for you to do for yourself and everyone else concerned. http://on-web1.osagetribe.org/media/minerals/audio/FY2015/2014-1119_3OMC_pt2.mp3
I think we're done here? This Phillips woman is such a light-weight, isn't she? You don't flee the meeting simply because you can't take the heat and there's plenty enough to go around. We need someone of substance who can stand up to this rightful anger caused by the disintigration of new oil drilling in Osage County and negotiate with NEPA for temporary stays of regulations to protect the interests of the Osage Nation, the Headright trust beneficiaries and the oil producers. This meeting stands as testiment to how weak the BIA has apparently become in recent years. Beyond the DOI report, this sort of unprofessional behavior out in the field is truly appaling. Phillips has no business being hired in this capacity. You need a professional fixer in place for a situation like this which calls for major damage control, not a gal who tosses her curls like a drama queen and sweeps out of the room leaving everyone concerned high and dry. A really sensationally wretched work performance from the BIA Superintendent and yes Chairman Waller, the Shareholders do need to hear and know what the BIA is doing and what the Superintendent is doing to get this situation sorted out. Slapping more regulations on the grandfathered-in leases isn't the solution. This is indeed a must-listen meeting.
I beleive this artical was posted on the last thread. But, just can't help feel like the Gov. is seizing your property without due process. And that might be the answer in the fight against the Wind Farms?
Wonderful NEWS! The Federal government has struck back with an injunction filed in court to stop the activities of the wind farm currently being built in Osage County. Send your email address to Osage Pre-Election News at osage_election_news@comcast.net and we will send you a copy of this Injunction.
See also http://www.tulsaworld.com/homepagelatest/osage-nation-authorizes-tribal-courts-to-fight-wind-developments/article_01f3f3af-4914-5abe-9603-9f72b461100d.html
Yep, just read the article, it does not matter all the research, though is thorough and with due respect the proper protocol has been met, does not change the fact this is a boondoggle and has nothing to do with there can be alternative Energy, this is nothing but a ponzi scheme. Rob peter to pay paul worse, another tax on the public.....it's a proven fact. Facts that they the producers of these wind farms projects do not want you to know...or how your property value takes a nose dive, or that constant hum, or how it affects those with pace makers...what if you need one in the future? Or the mere fact the beauty your back yard will forever ah that scenery you so enjoy and thats why you purchased your home, no longer be...and last but least the birds that are killed, you can't get that back and the fact we consider life very much a part of our culture, is a slap to our Sovereignty. To many negatives to suggest we should support and all based on a science that is so flawed. Just my opinion but pretty much spot on.
If prices don’t recover soon this could be the beginning of the end of the Great American oil fracking boom," Forbes' Christopher Helman recently wrote. BIgger energy companies with money of their own to invest might be able to ride out the dip, but smaller, highly-leveraged oil and gas companies will have problems, he said. Sad but true.
Shareholders Association will have makeup meeting for the bad weather in November on Dec 7 at 1:00 p at Dave Landrum center Program is "What's going on!" with Members of Council and Congress...Looks like the weather will be good. Potluck dinner and we furnish the Ham...We really need to be there!~
The attendees were outnumbered by speakers. -- Topics -- Chief's trip to Washington -- Tulsa casino upgrade -- New Campus and misplaced money on several projects -- Business adventures -- Susan Foreman reports that drilling has come to a halt in the Osage. The chance of leasing will be very low as oil prices continue low.
What the heck do you mean by business adventures? We've had enough of those from the Osage Nation to last a lifetime. Think Osage LLC and the $9,500 bucks total out of my pocket and yours too if you're an Osage member. I could've used that money and I'll be you could've too. They still have that darned thing alive wasting your money today as if a new board and control transferred to different members of the Osage Congress will make any difference.
I'm hearing the County is getting upset about the expansion of the Osage jurisdiction issue. If someone came onto Ted Turner's land anywhere but in Osage County, you can bet he'd be out there with more than legal paperwork to defend his mineral rights as a property owner. It really boils down to a real estate ownership issue. If the owner doesn't defend those rights, he/she can expect to lose them to the squatters who come onto the property for whatever the reason. Horse and car thieves are sent to jail but ENEL can dig up and steal our minerals and just because we're Osages we have to take a back seat on this and stand for it? What world does the officials of county live in and when do they cross the line where racial prejudice against Native Americans are concerned?
It does not matter anymore thr BOA does or ssys at this point, even Ted can't fight what is Federal Land and the Mineral Rights. They will blow him so far away. But as far as I know Ted is a good man and he is not financing the Donnalson case.
To add the BOA if they did the diligence in the first and due process we wouldn't be taking these steps to protect our sovereignty. And because of there flawed policy or arrogance is now this is going to cost the Osage....
Osage County officials, in their capacity as agents for the State of Oklahoma, are right to be upset about the unlawful expansion of power by the Osage Nation. The reason? The Osage Nation has a sovereign right to self-governance of its members within the boundaries of its reservation. The right of tribal police to enforce other laws is due to a cross-deputization program, which has limits. Nothing in federal law gives the Osage Nation power over non-Indians.
As to the actions by ENEL, they are not digging up and stealing the minerals. They are doing nothing more than any major road construction or real estate development project. ENEL's actions certainly do not constitute mining, as such term requires extraction of 5,000 cubic yards of minerals from a single tract of land in a given year. ENEL is removing 60,000 cubic yards in total across 84 to 94 locations. Given that ENEL's actions do not meet the legal definition of "mining" it is a matter for negotiated use between the land owner and the developer.
The Osage Nation is not an interested party in any dispute, as the mineral estate is owned in trust by the Bureau of Indian Affairs. The Osage Nation simply has a beneficial interest in any revenue resulting from mining of the resources in the mineral estate. Any action must be brought by the BIA.
The BIA is required to bring action in federal court, but the contract between ENEL and the landowners is a matter for the State of Oklahoma due to it being a surface development. The BIA's request for injunction is a good legal ploy, but it won't hold up as there is no legally sufficient evidence that "mining" is being performed.
And so, the Osage Nation steps into another legal quagmire. The last major conflict resulted in a ruling that the reservation had been disestablished - and not just diminished - by Act of Congress in 1906. If civil action is push to the limits in accordance with ONCA 15--09 the end result will be a ruling that Article II of the Osage Nation Constitution is unlawful.
NOT! If that's the case, then why does the State of Oklahoma pay the Osage Nation for the excavation of minerals it uses where its road construction projects are concerned in Osage County? Hmmmm? Even the State of Oklahoma knows it's subject to Federal law in this matter. Where do you think the government of Italy and its company ENEL gets off with not paying for them? Mining isn't the issue here as much as the theft of the minerals from the Osage Nation taken for business use. The land owners are NOT empowered to authorize ENEL to take any of the minerals associated with any part of that land the own because the mineral rights have been reserved to the Osage Nation by various Acts of the U.S. Congress signed into law at the Federal level by the President. With your logic, why couldn't ENEL hire a company to bring in an oil company to begin drilling oil on land between the wind turbines? PURE FICTION: "The Osage Nation is not an interested party in any dispute, as the mineral estate is owned in trust by the Bureau of Indian Affairs. The Osage Nation simply has a beneficial interest in any revenue resulting from mining of the resources in the mineral estate. Any action must be brought by the BIA." The BIA has no beneficial ownership interest in the Mineral Estate whatsoever. It is an agency of the Federal government charged with the administration and management of the Osage Mineral Estate Trust. The Federal government holds the assets of the Osage Nation in trust in two ways; the mineral rights tied to the Trustees Deed for the purchase of the Osage reservation in 1883 and the Federal minerals income trust created by the 1906 Allotment Act for the benefit of the Headright owners. Where are you getting this stuff you're coming up with here? Desperation, pure and simple?
The great thing about this blog is that it outs the fact that few if any of you posting here with actual mineral trust beneficiary personal property assets coming to you in a quarterly headright check really understand the legal mechanics how a Trust actually works. Initially there has to be an owner with assets to be "taken into trust" or "put or placed in trust." When the Osages purchased the reservation in 1883, the U.S. Government took that real estate land asset and placed it into trust by use of a Trustees Deed which is exactly what the Cherokee Deed for the purchase of the reservation is yesterday, today and tomorrow or until the Federal government decides to terminate the Federal Trust and pull the mineral rights still tied to the Cherokee Trustee's Deed out of the current Trust and issue a general warrantee deed or some other kind of U.S. Government property conveyance whatever that might be, and transfer the ownership back to the Osage Tribe/Osage Nation per the terms and conditions of the 1938 Act and the 1978 Act of the U.S. Congress to amend the Act of June 24,1938 (52 Stat. 1034, 1035). Act of June 24,1938 (52 Stat. 1034, 1035): "That all that part of the Act of June 28, 1906 (34 Stat. L. 539), entitled 'An Act for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes', which reserves to the Osage Tribe the oil, gas, coal, or other minerals, covered by the lands for the selection and division of which provision is made in that Act is hereby amended so that the oil, gas, coal, or other minerals, covered by said lands are reserved to the Osage Tribe...and all royalties and bonuses arising therefrom shall belong to the Osage Tribe of Indians..." 1978 Act of October 21, 1978 c) The fourth paragraph of section 3 of the Act of June 24, 1938 (52 Stat. 1034, 1036) is amended by striking the phrase " January 1, 1984" and inserting, in lieu thereof, the phrase " January 1, 1984 and thereafter until otherwise provided by Congress". RE: The section of the 1938 Act that has been amended by the 1978 Act giving the Federal government the ability to unilaterally opt out of continuing forward with the Mineral Estate Trust and the Trust relationship with the Osages that it is currently bound by today: "The lands, moneys, and other properties now or hereafter held in trust or under the supervision of the United States for the Osage Tribe of Indians, the members thereof, or their heirs and assigns, shall continue subject to such trusts and supervision until January 1, 1984, unless otherwise provided by Act of Congress." The last part of this sentence now reads, "January 1, 1984 and thereafter until otherwise provided by Congress." Having a trustees deed in place by the Federal government does not indicate ownership but rather, in this case, management and administration by the Feds which is exactly what has been going on for the last 108 years.
OK. Let's go in another direction. If you know that a Federal law is being broken, you are empowered to make a citizen's arrest. This would also apply to the members of the Osage Nation Police force wouldn't it as citizens of the United States? In another direction, when the Governor of State of Mississippi refused back up the registration of a black student at Ole Miss, Kennedy eventually called out the National Guard to enforce that enrollment didn't he? http://microsites.jfklibrary.org/olemiss/home/ The President could send in the National Guard of the State of Oklahoma to protect the Osage beneficiaries (Nation and headright owners from having their minerals stolen by this ENEL bunch, couldn't he? You don't necessarily have to get into court to know what the law is at face value and take measures to see that it's followed. That's what the Executive Branch of the USA is supposed to do, see that the law is executed and followed properly. Remember that the deed of Trust for the Osage reservation that the mineral rights are tied to specified that the trust relationship is with "the United States of America." What this means in no uncertain terms is the fiduciary relationship is established by the Cherokee Deed of Trust and owned to the Osage Nation as the beneficiary by ALL THREE BRANCHES of the U.S. government and that includes the Legislative, the Executive AND THE JUDICIAL branches.
"A trustee (The United States of America) is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust's beneficiaries." How do they determine the cost of excavated minerals with other companies who pay for the limestone? By cubic feet or by weight?
The question is, what standing legally does the Osage Nation have to sue as a Trust Beneficiary? Surely they have the ability to move forward in court and file a "Friend of the Court" amicus curiae brief as to the Donalson suit in addition to the taking of the minerals by ENEL injunction legal action recently filed by the Federal government in Federal Court.
More about this --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/uncategorized/feds-ask-for-injunction-again-enel-demand-halt-to-all-excavating
Also the Osage County Board of Adjustment has filed too to appeal Judge Robert Haney’s decision to the Oklahoma Supreme Court --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/county-to-appeal-ruling-in-mustang-run-case-setting-off-a-long-delay-for-enel-green-power
Reprint from Conversation web page at http://osageblog.blogspot.com/2014/11/conversation-november-2014.html " ENEL is making fair use of surface rights. For there to be an infringement of the mineral estate "mining" would need to occur, which entails the removal of 5,000 cubic yards of minerals from a single tract of land within a period of one year. A "single tract" does not include the entire land body of Osage County. On average, ENEL is digging up less than 750 cubic yards per wind turbine and some portion of that is being replaced into the pits as back-fill, further reducing the amount of "minerals" removed." Really? 750 cubic yards x 152 total wind turbines in Osage Wind and Mustang Run taken together = 114,000 cubic yards of excavation and that adds up to mining for a commercial purpose to me.
So, the first demand for injunctive relief was denied - as was to be expected. ENEL's attorneys are bright enough to raise the legal definition of "mining" and the judge saw through the hollow argument of the BIA. Also, there is no potential for "irreparable harm" in denying the injunction. Rather, if it is later determined that mining did occur and that a royalty should be paid, such amounts can be established at fair market value and paid after all "mining" is complete.
The BIA attorneys are going way out on a limb with the "work of any nature" as 25 CFR Part 214 is restricted to the governance of "mining". The phrase "work of any nature" would only apply to work directly related to mining activities, and not use of surface lands which do not involve mining per se.
25 CFR 211.3 gives a definition of mining:
Mining means the science, technique, and business of mineral development including, but not limited to: opencast work, underground work, and in-situ leaching directed to severance and treatment of minerals; Provided, when sand, gravel, pumice, cinders, granite, building stone, limestone, clay or silt is the subject mineral, an enterprise is considered “mining” only if the extraction of such a mineral exceeds 5,000 cubic yards in any given year.
In the case where ENEL extracts no more than 5,000 cubic yards per tract (i.e., a separate parcel of land) then it is within its rights to negotiate such use with the surface owner. This limitation is admitted to by the BIA on page 6 of the new request for injunction.
As to the limitations placed by 25 CFR 214.8 on the amount of land which can be held under lease at one time, this again only applies for the purpose of mining. ENEL's use of the surface land is not for such purpose; its use would clearly meet the on-site construction exception to mining regulations.
Wait another week or so and you will see another new demand for injunction from the BIA attorneys. At some point the judge will tire of them beating a dead horse.
Poster on December 8, 2014 at 6:10 PM, if this is true then a Court of the Judicial Branch of the United States of America is in absolute violation of its fiduciary trust obligation to the Osage Nation and the Osage Headright owners under the terms, conditions and provisions of the Deed of Trust for the purchase of the Osage reservation that was signed on June 4, 1883 between the Cherokee Nation and "the United States of America" as Settlor and overall Trustee of the Reservation Land Trust created by the Deed itself. "A trustee is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust's beneficiary/ies." 114,000 cubic feet of excavated land and the taking of limestone for commercial purposes is certainly an unreasonable loss to anyone with a modicum of fairness and good sense. What the Federal Court in Tulsa is doing here is very strange and needs to be looked into and investigated by whatever governing body is responsible for it.
The court has no such fiduciary duty; rather, its sole duty is to uphold the law. Even the duty of the administrative branch - which does have a fiduciary duty as trustee - must be carried out in a manner consistent with applicable laws and regulations.
As to the excavation, the measurement is not by land in total within Osage County but by tract and the measurement is limited to extraction and removal of "minerals". Also, the BIA is citing regulations which only apply to "mining" and as yet has failed to make a compelling argument that mining has occurred.
HA! 750 cubic yards x 152 total wind turbines in Osage Wind and Mustang Run taken together = 114,000 cubic yards of excavation. Yes. I can see that the court wouldn't have or demonstrate in its decisions that it has the common sense God gave a gnat.
Since when does, "the first demand for injunctive relief was denied," happen even before Judge Payne has a chance to have a hearing on the 16th of December, 2014? Judge James Payne 2:30pm MOTION HRG - 14-CV-704 - USA v Osage Wind, LLC (mot/prelim inj - Evidentiary)
Tulsa World weighs in --->>>http://www.tulsaworld.com/news/local/federal-authorities-seek-immediate-halt-to-osage-county-wind-development/article_3606ab19-70ab-593e-aac7-c5262bf60cfb.html
Good advice, "Take the time to write your US Congressman or Senator and simply tell them you're opposed to extending the federal Production Tax Credit for industrial wind power." From Chris White.
Great advice Chris White, and to poster at 12:53, read the law and wow this law stinks to kingdom high. For more than one reason. There is an easy solution to all of this? Close our border the reservation oh thats right we lost the case.
What is so bizarre is that this Ty Koch fellow has his OWN deputies who have been and are being been hired by Enel to provide security for the wind farm construction site! If that isn't a staggering conflict of interest, I don't know what is. This wind farm thing just gets more and more outrageous by the day.
Right, all based on a inconvenient truth, a lie by Al Gore. This again, a ponzi scheme, a redistribution of the Tax payers money....fact. This is a forced Mandate and should be knocked out of the sky....literally. Osage wind should have never ever got involved in such a lie...We need to not perpetuate such lies..yes appearances by our Police Dept. could be construed as a conflict of interest and my hope is that they are watching for our interest and not in the interest of the wind farm.
Excuse me? I think it's clear whose interest they are being PAID to look out for and this ought to be submitted to whatever agency or department that controls the ethical behavior of this Sheriff and his deputies. Can someone do some homework and find out to whom you would direct such a complaint? It's quite clear now that this Haney fellow really appears to be fronting for on the bench and acting on behalf of Judge Kane who actually has an interest in the wind farm company going forward or he wouldn't have recused himself from the case in the first place. This should be the subject of another complaint which should be filed with the Supreme Court of Oklahoma as well.
Against both Judges Haney and Kane to determine what the relationship has been in this particular case. Phone records and bank accounts of both men checked thoroughly and so forth.
The Courts will solve this and the Police Dept. has to be neutral in these matters and why the heck did they not hire a security firm to do the job? If and thats a big if, if there is any impropriety or hint of,yes in deed we need to investigate with maybe a P.I? Private Investigator. This is why I said how did our land become all of sudden the target to build these eye sores? We just need the proof. Bottom line...I have always said look whats in everybody's back yard and you will know who has been using our funds to subsidize their income....
I still say we should declare war on Italy for allowing its State owned company ENEL to engage in the taking and theft of our minerals, thereby diminishing and destroying large sections of our mineral estate. Just because the local court wants to redefine such harm to our mineral estate doesn't mean we have to stand for it. We've declared war on Italy before during WW II and if it can happen once it can happen twice. All hell breaks loose over the name of a National football team when this is matter of far greater gravitas in the overall scheme of things and a threat to all Native American Tribes and Nations should other state owned companies come onshore and pull a stunt like this again? If this were happening in the Black community, the NAACP would be all over it like white on rice and both Sheperd Smith and Anderson Cooper would already be booking their flights or scheduling private planes to Tulsa ASAP.
Ty Koch isn't acting due to a "conflict of interest" but only doing his duty under the Deputation Agreement. The laws of the Osage Nation only apply within "Indian Country" as defined at 18 U.S. Code § 1151. As left standing by the Supreme Court of the United States, the reservation has been disestablished.
Under federal law the term "Indian Country" could have been interpreted to apply to "dependent Indian communities" and "all Indian allotments, the Indian titles to which have not been extinguished" as applicable for enforcement of Osage Nation law, but the agreement last signed by Scott Bighorse on September 20, 2011 expressly limits the scope as being "within the exterior boundaries of the Osage Tribe [Nation]".
Furthermore, the agreement is based upon Resolution No. 31-1523 of the Osage Tribal Council dated March 15, 2006. This is 4 days after the Osage Nation Constitution was ratified.
FWIW - the Deputation Agreement is not legally enforceable due to Resolution No. 31-1523 being in violation of Article XXII Section 2 and not being an act prior "taken before the effective date of this Constitution" as mandated by Section 1 - the Savings Clause. After adoption of the Constitution, all such acts are required to be made pursuant to Article VI.
Supreme Court never heard the tax reservation case as it never went there. The rest of your post seems skewed too. According to the Feds, the reservations hasn't been disestablished. If it had the moratorium on wind farms that has been going on at the Oklahoma State level would apply in Osage County and it hasn't as far as I know. The deputation agreement hasn't anything to do with the fact that the Sheriff, from an ethical standpoint, should be acting in a fair and an impartial manner toward both the Osages and the wind farm business. He shouldn't allow his deputies to be out there working for the wind farm company because it's not in the best interest of the Osages and many others who feel the wind farms are deleterious for whatever the reasons they have on an individual basis.
They could as least convene a traditional war council and invite other Native American Tribal communities in Oklahoma, the press, those individuals and institutions and who are in agreement with them and the BIA. Doing this and weighing in on it the traditional way can't hurt at this point in the game.
Yeah the person who posted at 9:09 Am...you had my head scratching for a second and I have to agree with poster @ 1:43 Pm...and Culture on these matters would be beneficial. As long as both sides of the fence, is present for debate. With Indian Media Present.
In response to the poster at 1:43 PM, the SCOTUS let stand the ruling by the United States 10th Circuit Court of Appeals. The net effect is that the Osage Nation reservation was disestablished - and not just diminished - by the 1906 Act.
Were this not the case, the Osage Nation would not have rushed to have the parcels of land (upon which three casinos sit) be taken into trust by the BIA during July 2011.
As to the deputation agreement, it is the only relevant point of debate regarding the memorandum by Ty Koch and the perception that he has a conflict of interest. He cannot prevent deputies from working as security guards in their off-duty hours, and who they choose to work for is their own business.
Finally, the moratorium referred to is Senate Bill 1440 and is not law. This bill has passed the Senate by a vote of 32-8, but still needs to pass in the House and be signed into law by Governor Fallin before it has any effect.
Of further interest: http://www.muskogeephoenix.com/news/local_news/cherokee-official-becomes-special-assistant-u-s-attorney/article_de69ff92-84e2-11e4-9061-03e960b06ce3.html and http://barnsdalltimes.com/http:/barnsdalltimes.com/news/osage-nation-files-suit-against-wind-project-in-tribal-court
Peace Officers of the law are to avoid the appearance of impropriety. A good example would not be to work after hours as security for the Ku Klux Klan when the NAACP is in town for a recruitment meeting.
"the SCOTUS let stand the ruling by the United States 10th Circuit Court of Appeals." That's just a bald faced lie. The SCOTUS never got anywhere near a reading of, analysis of or an opinion in the case because it was never appealed to the Supreme Court of the United States. Are you all right?
The case was most certainly appealed and the SCOTUS refused to hear it. By doing so, they let stand the ruling by the 10th Circuit.
I've read every filing and court opinion. Those who haven't done so but assert fact to be a "bald face lie" should look in the mirror when asking the question, "Are you all right?"
The principal chief rushed to have the property taken into trust by the BIA Osage Agency following the decision by the SCOTUS not to year the appeal. Do you think that would have happened had legal counsel advised that the reservation had been disestablished?
Fiction! This tax/reservation case was never appealed to the Supreme Court after the 10th Circuit upheld Judge Frizzell's ruling. There was an appeal to the Supreme Court that was successful but this was before Jim Gray went back in to the entry level Federal Court in Tulsa when Frizzell ruled that the reservation had been disestablished. You are confusing your cases. This tax case has a long court history that goes all the way back to the Tillman Tribal Council, the 30th I think.
More information --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/feds-call-off-temporary-injunction-now-ask-for-removal-of-all-structures-at-enels-osage-wind-project
In order to settle this argument, I have sought a confirmation of the facts in the tax case and indeed a Writ of Certiorari was submitted to the Supreme Court of the U.S. and they refused to hear it.
"Despite exhausting all appeals in the reservation status case, Chief Red Eagle and White remained optimistic that Interior officials would approve the trust applications. They also praised BIA regional officials, in addition to Interior officials, for working to expedite the trust applications’ processing."
FYI - You can find the land into trust actions documented in the Federal Register, and the BIA Osage Agency can provide copies of the title deeds.
I first learned about the decision in September 2011 by reading about it in the blogs. All of the facts related to the reservation status are publicly available.
The reservation of the Omaha Tribe of Nebraska has not been diminished, the 8th Circuit Court of Appeals ruled today. In a unanimous opinion, the court said Congress did not change the boundaries of the reservation when it opened part of the tribe's land base to non-Indian settlers in 1882. The ruling was only five pages but it upheld the findings of a federal judge who "thoroughly, thoughtfully, and accurately" examined the law and other evidence at issue in the dispute. "The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus," Judge Clarence Arlen Beam wrote, referring to the lower court's decision. Ever mindful to 'resolve any ambiguities in favor of the Indians,' there is nothing in this case to overcome the 'presumption in favor of the continued existence' of the Omaha Indian Reservation," Beam continued. From Indianz.com.
I want to put in a solid plug for the Osage Nation Christmas Ornaments. Just received some of them and they are indeed spectacular! See http://www.osagefoundation.org/store/ Perfect stocking stuffers for sure. Your ornaments purchase benefits the Osage Nation Foundation so it's all good.
Is there a FAQ that list all the acronyms posted on this web site? If not, there should be. Just because the commenter knows what it means doesn't mean the readers do. Thanks.
Just so no one points it out. I deliberately omitted the meaning of the acronym FAQ (Frequently Asked Questions) to make my point. Do not assume the readers know what you are referencing to. Thanks.
Agreed. If you use an acronym, please clarify it early on in your post unless it's so well known in this context that it would be foolish to do so. Example: Bureau of Indian Affairs (the BIA).
To subscribe to the Northern District of Oklahoma E-news see http://www.oknd.uscourts.gov/newsletter/subscriptions This should enable you to follow cases in Federal Court in Tulsa involving Osage Shareholder matters recently filed or before the court.
How do you get ahold of the Minerals Council to talk with them personally? The used to have a phone roster. What happened to it? http://www.osagenation-nsn.gov/who-we-are/minerals-council
Call them by there cell phone. The numbers are listed I beleive in the Shareholder's report we get in the mail. Anyone in paticular? I have each and everyone's number.
Developing: U.S. crude futures fell below $60 a barrel on Thursday, the first time in five years that it breached the psychologically-important support, as oil markets extended this week's losses on oversupply concerns. Fox report.
Does anyone go on oil price net... Oil Price Fall Threatens US Oil Production By STEVE AUSTIN, 2014/11/04
The sharp oil price fall from $100 last summer to below $80 in just three months will bankrupt small US oil producers who need at least $80 per barrel to be profitable. It's as shame because the dream of US energy independence may never realize. Meanwhile OPEC producers are seizing this opportunity to keep prices just below $80 and thin out competitors.
I know as 'Shareholders' we focus on the price & production of oil, rightfully so. Also remember, as diversified as 401k's , IRA's & Mutual Funds are in the Energy sector this will & is affecting the world. The psychological affect coupled with 'Programed Trading' (No Emotional influnce) could put this country on the skids. Some people only have the foresight to see the price at the pump, meanwhile their retirement is tanking. We are all in this boat together, as the 'Shale hits the fan' ! A word of caution; watch the roads out of North Dakota there may be a traffic jam soon. I read an article out of Mechanic's Illustrated today at the doctors office dated June 2012. The cover read "Oil Boom, why the prices are so high" , after reading the story the reasons they sighted are still the same today. To quote Albert Einstein " I will tell you what today, just ask me tomorrow!". All these experts on oil, where were they last June ??? Happy Holidays ...
More good news: Oklahoma could lose 5,000 energy-related jobs next year if newly lowered oil price forecasts prove true, Oklahoma State University economist Dan Rickman said Thursday. http://journalrecord.com/2014/12/11/slope-gets-slicker-new-oil-price-forecasts-could-cost-thousands-of-jobs-energy/
Everything cycles even the Energy sector. Back in 2006 gas prices were around $2:21 at 61dpb. And peaked to 80 dpb then settled at the end of the yaer lower. This just goes to show you how the Energy Sector manipulates the dollar..gold and so forth. In the end History repeats and we will rewrite History by becoming a major exporter.
Has anyone considered what the lack of reservation status means for the Osage Nation business such as Osage LLC, which continues to conduct business off of trust land (in spite of commerce committee instructions for it to comply with the operating agreement)?
By operating in Tulsa off of trust land, Osage LLC and its subsidiaries appear to be in violation of multiple state laws, including the requirement to register with the state to do business and failure to pay Oklahoma income taxes.
It also makes me wonder whether or not Osage LLC is compliant with IRS regulations. Given that the LLC and it's subsidiaries were organized to be separate from the tribe, and ineligible to organize under Section 17 of the Indian Reorganization Act and Section 3 of the Oklahoma Indian Welfare Act, are they paying taxes as required or involved with income tax evasion?
Some of the passive investments make money, as does the "joint venture" Osage Manhattan Builders. I don't know about the other companies, but from reading here and listening to the commerce committee sessions most of the subsidiaries seem to be money pits.
"Any flow-through income to members also becomes taxable."
My new-found curiosity about the LLC raises questions. Aren't all of OMB's personnel actually employees of Manhattan Builders - a division of Manhattan Construction Company? Who really works for the LLC companies and what do they do? Are the LLC companies just a front for other businesses? How do they perform any actual work? Is all contract performance subcontracted? Aren't the LLC subsidiaries getting contracts through the SBA 8A and HUBZONE programs, and is it legal to subcontract all of such federal contracts?
p.s. - The LLC matters have probably been debated before, but these questions just occurred to me upon considering the reservation status.
Well, the commerce committee minutes from Dec 12th answers one question. The LLC has two employees - Noble (OPDG) and Hamilton (OIS). The LLC web site claims OPDG "brings more than 80 years of experience with their professional staff" (http://osagellc.com/subsidiaries/osage-pinnacle-design-group/). Is this Kim Noble's experience? What is the experience she brings to an architectural engineering and construction firm?
Ms. Noble has a web site of www.pdg-ae.com listed in the signature block on the OPDG page. This raises a whole slew of questions. How is she affiliated with Pinnacle Design Group of Norman, OK? Is the "professional staff" actually employed by this other company? Who are Don Frick and Jeff Maack and what role do they play in OPDG? Is OPDG really only a front for this other company - Pinnacle Design Group? If so, then why is the LLC board spending the tribe's money to develop business for another company? Does OPDG lose money so that PDG can make money? How does the tribe benefit? What kind of game is being run here?
According to the BIA and the Feds, the reservation still exists despite what the Courts in Tulsa and the 10th District have had to say in recent years that have put forth very sloppy opinions where the reservation of the mineral rights are concerned. For the 100th time: The trustees deed for the purchased land prevails here in the "chain of title." The 1906 Allotment Act specified that the land, together with minerals were to be returned to the original allottees at the end of twenty five years. There was an extension of the mineral rights reservation to the Osage Tribe at the time that the original deeds went out from the Secretary of the Interior signed by the then Chief. These deeds specified that the mineral rights associated with these deeds were reserved to the Osage Tribe. At the end of the next 25 years in the absence of the next extension, there would have had to be a series of quit claim deeds or other kind of government property conveyances that would have repatriated the mineral rights with the land. This never happened and the original FEDERAL Trustee's deed still has the mineral rights tied to it and will have in perpetuity as per the 1978 Act to amend the 1938 Act of the U.S. Congress. This wasn't and ISN"T TODAY a deed for a single family home, a commercial property like a ranch or farm, a co-op in New York City or a townhome in Tulsa. It was and IS TODAY a Trustees Deed for the purchase of an INDIAN RESERVATION IN THE INDIAN TERRITORY located in what would eventually become Oklahoma. The Federal Courts at every level have made mistakes before that have been reversed and corrected even by other sitting Justices of the Supreme Court at later points throughout our 238 year history.
Hello my fellow Osage Shareholders! I hope everyone is having a very Merry Christmas! Does anyone know how are production numbers are currently holding? How bad is March payment going to be?!? It scares me a little to think about it! Happy Holidays everyone!
Merry Christmas and Happy New Year to you and all of you out there as well! Had the best Christmas yet and we're knucking down and getting ready for the challenges the New Year is sure to bring to all of us. Stay sharp folks and keep an eye on the Osage situation, we're undoubtedly going to need it this year. God Bless!
Ok just read Ray McClains update at Osages-you-need-to-know.com. In short our checks will be impacted come this March. Oil prices have nearly dropped by 50%. I whole heartedly agree with her assessment and the impact for some who depend on this as supplemental income will feel the impact the most. Please try to save if you can. This is going to be rough. I see all kinds of suits in the future again. The BIA can no longer ignore the circumstance or lack of administrative and so forth...nor can the 3rd M.C. These findings can't get any better or worse for that matter. Numbers are telling and they do not lie and reflects seriously on what is the next step going to be for the M.E. we are still losing hands over fist dollars that should be accounted but being bypassed, the Natural Gas...who is going to account what I see and know to be the truth the unaccounted revenue going to thin air? We can't assume the New CFR'S will take care of this matter of importance. So what will be the strategy? So the incompetence abounds and exist to this day....and who will pay, the Federal Government again....until these matters are resolved...you have to ask, why are we here in this predictment especially after the HPP suit....Really? I concur with her assessment and find the BIA liable and hold the 3rd M.C responsible and prior councils as well. The lack of inaction says alot in itself and speaks of inconsistencies coupled with redundancies for sure and you have to ask yourselves some real questions. If this information and I beleive give or take a percentage and thats small apples compared to error, why hasn't there been nessasary steps prior to this not taken? With technology we now have the scope to understand the logistics we are speaking about here, right? One has to ask how these concessions were made without the knowledge we have today K-know? My point is, real leaders display a consistent bias for action...all say yes? These reports are damming, now you understand why the truth is not published...to say the least. Lack of communication no longer can happen...the OSA I don't speak highly of them..they have dropped the ball but only by example so has the BIA and the M.C. The lover of secrecy is someone you cannot trust. Anyone comes to mind? I can think of a few. When it comes to the EA, "Enviornment Assessment" rules most of these producers were following the letter to the Contract stated by the CFR'S when signed as per lease aggreement. And this Donelson case should be thrown out like a can of worms....Had these problems been addressed and not fallen on death ears these matters could have been resolved at a cost that could have saved untold millions..now thats a fact...I am mad and so you should be to...so here are some solutions that I have mentioned in the past, the Shareholder's formulate and vote on a oversght board thatonly looks out for the interest of the M.E. My opinion everybody knows everybody back home and how on earth did they come up with some of the concessions without the data we have today and especially the bypassing of the Natural Gas or for all we know we are being taken to the cleaners and that is a understatement. I have 8000 reasons why this could be happening or for that matter 8000 dollars per headright is going unaccounted for? So, getting back to a new board on the horizon could be temporary but I do not know but I know for sure there is a lot of inaction and things we can be doing to ensure the stability of the M.E MY Eyes are wide open and long live the 1906 Act and the Osage Tribe...
Cultural classes are now available to sign up this week! https://www.facebook.com/OsageNews/photos/a.153834188010750.33094.134873493240153/829856270408535/?type=1
And now from Susan Forman aka "The Compact Kid" http://journalrecord.com/2015/01/02/osage-missing-out-on-18m-in-royalties-each-year-consultant-says-energy/
You can include Osage Headright owners in this number too: http://www.marketwatch.com/story/biggest-potential-losers-of-the-2014-oil-plunge-2014-12-31?siteid=nwhpm
Oil dropped below the benchmark of 50 dollars a barrel. Well, bad as it may seem , what goes down must come up. Those sanctions against Russia has had its ill effects on our oil industry or someones playing with the numbers and OPEC comes to mind....but lets get our house in order and now is the time. Or its not forever hold your piece, we will restructure if need be. And it just might be we need to take that extra step and demonstrate what the shareholders expect...whats the plan sam?
So, on my few predictions, most have come true, this maybe the the one remaining bad one left. But, to be to completion, it must reach the low price of $44.40 a barrel, then every forty/four days a modest increase of 1/4 of a dollar forever. H
Wow, still cannot believe there are those still waiting for their settlement. What question I have is why my realative was on the MIA list when in fact she had been deceased for over three decades easily and why there was money still sitting in her IMM account after everything said an done? And essentially why this money just sat there and not in an interst bearing account? Though I did Identify her with the proper documents required by GCG which were the last and final decrees of hers and my fathers I still was dumbfounded by the incompetence of the DOI...and then I have to think about and remember it took two years to distribute my fathers estate and should have been distributed immediately because his will was in order...so one thinks there was a failure at the Agency as well. This Dept. Probate is so important . But back to the topic, it took 9 weeks and a couple of follow up calls every two weeks to be sure they had received all documentations of course they gave me a claim number at GCG.....
http://www.indianz.com/News/2015/016089.asp......We cannot have the M.E opperate by the BIA under one crisis to the next the same goes for the M.C.....we need and want a management that works for the Shareholder's and not under a cloak of secrecy...The risks does not out weigh the needs that is required and expected...rid the redundancies or risk losing your seat council memebers...We want and need a market....We need cost control..for containment...management for our finance...I can tell you why this blog is not lighting up is because the truth of the matter has been swept by a cloak of secrecy or there of...not no more
Special Session of Congress to start on January 14th --->>> http://www.osagenation-nsn.gov/news-events/news/4th-osage-nation-congress-called-6th-special-session
Folks may need to pay attention to ONCR 15-06. Shannon Edwards fired in there today with an amendment authorizing the Chief to negotiate with the BIA and sign agreements on behalf of the Osage Nation under CFR 25 whatever where Cobell and the land buyback program is concerned on property currently held in trust. This may be nothing to be concerned about but it wouldn't hurt to keep an eye or two open on this one. Another thing is the Chief mentioning in his address these lazy Xssed members of the Osage Congess who constantly complain about being called into Special Session to do the Osage people's work. I want to know who they are by name that get paid $65,000 plus benefits a year and have the audacity to complain about having to come in to work for the Osage people and conduct our legislative business!!!!!!!!! Shut it you lousy licks and when you're called in to work for any reason whatsoever to act as the Representative in Congress for the Osage people you do it willingly and without a hint of complaint. Your elected position with the Osage Nation is an honored privilege so act like it and GET TO WORK!!!!!!!!!
Quote direct from the Osage News: "After mandating that division budgets not exceed 94 percent of their projected spending of tribal money, the Congress approved a total of just over $43 million in tribal money to be spent starting Oct. 1. Tribal revenue comprises $40 million from gaming revenue and the remaining income is from bank interest and Osage Tax Commission revenue." http://osagenews.org/en/article/2014/10/14/fourth-congress-passes-fy-2015-budgets/ These jokers are $3 million illegally over budget and they are appropriating more? Where is that lazy lick AG with his investigation of such a flagrant open violation of Osage Nation law? We shouldn't have to file a complaint for him to swing into action. Who cares about his appointment as a Tribal Special Assistant U.S. Attorney if he isn't upholding the constitution and the laws of the Osage Nation and filing actions against flagrant violators? Fire him and find someone who will prosecute all those who break the law.
Wow thanks. Tried to post earlier there was a problem...so lets see because money is coming in from one area makes it legal to go over budget...Congress you need to revisit this and what exactly is in reserve funding? Stop the spending....time yo go to Congress for support on a Per-Cap, The U.S..or....put a vote to the Constituency.
Is the only member of Congress we have who seems to understand dollars and cents starting to lose it? When the article was mentioned that establishes the amount of actual spending that took place in the last regular session in the Fall of last year for the purpose of determining whether or not appropriated spending this year is now over and above the projected revenue anticipated and hence illegal, the comment was made by this member of Congress that the article was old and furthermore no one else has asked about it so therefore it must be unimportant. I don't know about you, but this member may need to make way and resign for someone else who can still wrap their mind around spending limits and the new penalties in the law that will be incurred if the Congress keeps up spending money we don't have available to spend. They are also continuing to grossly over-pad budgets in the millions of dollars so that you will never see any of that money come your way. What they don't seem to understand is the more benefits in Tribal funding they make available to all of those outside of Osage County, the more they can legitimately claim the full 18,000 members that are used for the purpose of justifying Federal funding honestly and legitimately. Again and again and again, there is safety in numbers.
He shuts down the oil development in Osage County but still, this doesn't damage his reputation one bit. http://www.tulsaworld.com/business/businesspeople/financial-gentner-drummond-warburton-capital-management/article_b9d75e25-49a4-5dc4-a4c8-85ff03b34787.html
I wonder what grand announcement Warburton will be making about Gentner’s financial wisdom when the Donelson law suit is thrown out of court. You don’t suppose Gentner wrote this, do you?
Who cares the man gets kudos for serving in the forces that's for sure....but just because you are book smart does not mean you know everything there is to know....that being said we better not be doing business with the Bank he is now associated with...or take our money elsewhere...Great Conflict of interest.
This is a good article to give you more of a perspective of whats happening in the real world market and will give you insight to how long we are in for a rocky road....something I had said was in earlier poat Saudi Arabia and Opec have no intentions of stopping the flood of oil and will sit this out because they can. Even if they only make 50% of profit on 100% distribution on their part may only hurt them monetarily but as I said they can afford to sit this out because of the glutton of oil they have. We may never see an artificial inflated price at 100 for a long long time.
Another good read...My question is why the Privare Market capable of making 61% profit in 2009 yet the Federal lands profit fell by 6%? See the inequity and the numbers can be even higher....keeping that in mind, trending is paramount to the success of the M.E for Marketing, vesting and so forth...all in the name of Developement.....Lets here the truth about what is going on with the OSAGE MINERAL ESTATE.....The Shareholder's should know. How are the MOM AND POPS out there surviving what I coin as a silent but very revlent cold oil war is going on? A concensus needs to happen...
At 46 dollars a barrel there will be some profit but I am looking beyond and not just today and we need huge forward thinking with hoof to mouth vise/versa in tandum...I'm talking about we should have diversified as soon as the HHP and even before this case was settled...It does not take a rocket science to understand the obvious, just not what I am posting but others as well....for example, This industry has not failed us as much as we failed ourselves by stupidity. We cannot hold our M.C to a higher standard if there is no communication and there is no excuse...Why do we have OSA a board of what? Not one of them can orchestrate Leadership....We are still losing hands over fist capital...whose going to replace the lost assets after said and done when the BIA gets its administrative in order....The Donelson case? Where is the HULA LAKE FUND....it does not take years to resolve? The Excuses are wearing and its not looking great for the M.C
Well, I'll just thank myself on the under the lakes oil lost, for I did bring it up sometime ago and The Chief SB did think that had to be looked into . Sso I still believe ,like every thing else, we're coming up short again, where's the figures? H
Thank you Homer....these funds go back to the 80's mid I beleive so,I was told from Reality...and where is the accounting and who all was entitled? Do we have to go to Court? This is apart of the open records act and I'm going to be frank here I did not see the increase on my Check and I know after where is 30 years of funding and how much and so forth is required by the SHAREHOLDER'S. How do you get this information out to the SHAREHOLDER'S you send out letters.....of accountability as to why the big delay 30 years of holding onto money that was just collecting.......with the accounting we as Shareholder's are wo wondering what else has been covered up? You M.C working for you....Unbelievable. ..not in the 21st century....M.C get your IT up and running so the SHAREHOLDER'S can have a private code to access the site and get the lines of communication going stat.....btw..Get those notices out to the SHAREHOLDER'S on the HULA lake funds to those who supposedly got an increase in their checks...and how was this devided? I think it is time to put some legislation out there that will require the M.C to perform. Give us numbers and explain why this fund didn't get distributed. This is most disturbing and disconcerting that this information just got swept u der the carpet left to go undiscovered is a cover up....this is what happens when the truth is not disclosed.
Somewhere in the Chain of Command, or maybe it was one of Guard Duty orders, anyway it went something like this , Keeping always on the Alert and Absorbing everything that takes place within sight and hearing and I'll add,Specifically any Agents Provocateurs-Webster-Search. H
Good speculation about future. http://www.osages-you-need-to-know.com Hey Ray! How are you doing? Thanks again for keeping up on these issues for all of us.
I was wondering when someone was going to read his update...Thank you Ray and Susan Foreman...as I said before there is a problem with the way we do business and I've always said it was in the Contracts and so forth....Numbers do not lie and in with the new way of thinking...the M.E needs leaders not bottom feeders...
Oil dropping further....Bank of America Merrill Lynch lowered its price forecasts Thursday. The bank now sees Brent crude falling as low as $31 a barrel, and U.S. oil prices tumbling to $32, by the end of the first quarter as global petroleum inventories continue to fill up.
Gasoline futures for February delivery settled down 5.13 cents, or 3.8%, at $1.2994 a gallon. February diesel lost 3.19 cents, or 1.9%, to $1.6233 a gallon, the lowest settlement since July 2009.
This is looking very oblique to say none the less, where was the strategy to diversify the M.E? Past, present and future...I don't know why croynism comes to mind....am I to far off base here?
Something for that Osage Energy Services LLC to do besides spend our money? http://journalrecord.com/2015/01/16/roth-eyes-on-the-contango-play-of-2015-opinion/ We know from the Osage 1 debacle that the Osages can't bring oil out of the ground but can they store it and sell it at a much higher price at a later time when the price of oil comes back?
Why would the Osage need to store it? It would be up to the buyer to sell or store and most buyers know the game of Energy. A... that is the least of the Osage concern...B...Since before and after the HPP settlement what has the M.C done to assure the Shareholder's that we would not be doing the same thing over again and Shoring up the redundancies that got us here in the first? And the list can go on and so, I say a lot for now goes with out saying at this point...priorities....Understanding how we got here in the first you would think puting a match stick to the fire would happen, meaning motivation of course in inspire the growth of the ME. We don't need another board like we need another LAWYER to throw their Politics...but the SHAREHOLDER'S NEED TO COME TOGETHER and decide the fate of the future of our ESTATE that is held in trust...Governing by ouRbody the M.C. we cannot do business as usual,would be construed as hostile...at this point...and the course needs to change with a new tide....
Most usually when a new government is elected, the staff all changes. It is to bad people lost their jobs, but they should of been doing their jobs. Could we just give all the MC a chance and not start running them down, because you don't like something. Let's give them a chance, to get it all straightened out. I am going to give them all a chance, if you don't like certain ones. just keep it to yourself, and not start things. Thank you.
ReplyDeleteVery fair and diplomatic. Thank you.
DeleteWhen the cats away the mouse will play. There is no fair when money and politics rule or don't, especially at the expense of the M.E and the huge incompetence that exists. Now this being said, this is a domino affect from prior M.C's to the current and is most disturbing, there is no diplomacy here other wise, if there were we would not be in the predicament we are in. Time for a concensus with the SHAREHOLDER'S long over due. Time to take away the teet sorta speak. I had empathy not no more. Empathy does not take care of the Mineral Estate. Lol
DeleteAny word on a $ amount for December?
ReplyDeleteTomorrow morning at the MC Meeting.
Delete$9490 per headright
Deletehttps://www.facebook.com/OsageNews/photos/a.153834188010750.33094.134873493240153/798434553550707/?type=1&permPage=1
ReplyDeleteDon't forget.
See http://www.doi.gov/oig/reports/upload/CR-EV-BIA-0002-2013Public1.pdf
ReplyDeleteThen see http://barnsdalltimes.com/http:/barnsdalltimes.com/news/bia-report-is-scathing
What do you think about the MOU recommendations all throughout the report?
This and all the changes, hopefully next year most of this is handled. This is a scathing report, and even that word is putting it mildly. Not as if it wasn't already a known fact what was happening with the M.E. You can SQUARELY put this back on the BIA and the DOI but think about who's hands are really tied. So do the numbers $ 47,000 a month we are losing and this was with just 4 leases. This undercollection by far a gross malfeasance is a understatement.
DeleteIn response to the post from osageblogger Nov 13 at 1:55 AM...everyone should read the report in the Barnsdall times. Simply Google 'Barnsdall times' and the article will appear at the top entitled "BIA Report is Scathing! This report is from the Dept of Interior Inspector General and slams the BIA in Osage county and is not to friendly toward our MC, past and present. It points out lack of management and over site by both. If you read the entire report from the Barnsdall Times you will be amazed at what has been going on and the lack of competency by both groups and when someone speaks out as reported, we fire them! We are in deep trouble folks and I don't see our MC taking any leadership role in this problem. In fact the next to the last paragraph in the report slams the past and present MC for " Failing to embrace rnodern-day practices and standards" there by costing the shareholders.
DeleteThe last paragraph states " The Council has historically resisted assistance from the Bureau of Land Management, BIA and the Office of Natural Resources Revenue and continues to do so:.It ends with " This effectively avoids more oversight....with no incentive to opt to a more rigorous system of accountability"
The question is...How long are we, the shareholders going to remain quiet and not DEMAND that something be done and keep voting to place people in the MC that have been at the helm of all this mess. And when you look at a MC member wanting to put a past BIA supervisor in charge of the MC office and another MC member wanting a friend from the museum to run the office it doesn't take much to see the incompetency and failure to see the over all problems that exist. Unless we demand change from the BIA and MC then we are destine for MORE of the Same!
Great read. Really feel your pain as I share the same sentiments along with your frustration and when I look at what has transpired in 7 years and in respect for everyone involved including the BIA and the DOI when all else fails this falls back on the BIA and DOI. The excuses need to end and a VOICE is needed for the Shareholder's. This has not fallen on death ears any one of these issues. The very sad part is there is no communication with the Shareholder's on a whole. This can be rectified by a by monthly letter to the SHAREHOLDER'S represented by the M.C not through the OSA. Not reliable. If we had a full Petroleum Office in place with a set standard for good policy the communication then would be employed, but we are not there and we have to ask why? Funding? Lack of finding talented, educated and sophisticated with good work ethics is hard to find in there area? Or is going to be more of the same, nepotism. Change is long overdue and doing more of the same is just insanity. Nothing can stop the man with the right attitude ffom achieving his goal, nothing on earth can help a man with the wrong mental attitude. Thomas Jefferson. We have forward thinking and so should the M.C and we are still at square 1 and three years later a day late and another dollar lost all the while we could be moving in a forward direction. There is absolutely no reason while the legal fight in the courts continue why we can't take initiative and orchestrate a full mineral office and start training and so forth, but then again it takes will power by the SHAREHOLDER'S OF THE SHAREHOLDER'S FOR THE SHAREHOLDER'S.
DeleteChange is long overdue. The bureau needs to hire qualified supervisors. I heard the field supervisor didn't even graduate high school, is a non Osage with the G.E.D. the best B.I.A. can do for the Shareholders?
DeleteFYI: A TOTAL WOW! I just got off the phone with Delta Dental and the agent I spoke with had no idea that you have to re-up and buy a new plan this year through your local State exchange, if applicable or the Federal healthcare exchange in order to qualify for your 2015 tax credits, if you quality, for both medical and dental insurance. For most people (non-Indian), you have an enrollment period ending on December 14, 2014 to buy these policies. For Native Americans, we have an open enrollment period at any time of the year.
ReplyDeleteUnreal --->>>
ReplyDeletehttp://www.tulsaworld.com/homepagelatest/judge-orders-osage-county-to-approve-new-wind-farm-development/article_2eced38e-5ea0-580e-bc9c-5bb3773ac196.html
http://osagenews.org/en/article/2014/11/13/protect-osage-coalition-public-information-meeting-nov-17/
DeleteBe sure to attend.
I do understand the law of the land. And the decision the Judge came to. He really had no choice. What I do not get is why the Board would approve one wind farm and not the other. Just one day a wind farm came in and took eminent domain? How did this begin? And now the recourse? And would have this happened if we had not lost the Reservation case?
DeleteThis is just a ponzi scheme and a boondoggle.
Deleteto 12;25. ask Jim Gray.
Deletehttp://barnsdalltimes.com/http:/barnsdalltimes.com/news/a-prairie-view
DeleteMore on wind farms.
to 12:25. Yes, it would have happened even without the decision that the reservation had been disestablished (and not just diminished) by the 1906 Act. The Osage actually have no control over the surface land, as even what surface land the tribe has is held in trust by the BIA. The BIA must manage the property held in trust in accordance with applicable laws, regulations and agency policies.
DeleteThe companies putting in wind farms aren't exerting eminent domain. They have entered into lawful agreements with the property owners for use of the surface rights.
As to recourse? The Osage Nation is not an interested party and has no ability to bring legal action which won't simply be dismissed.
Anyone seeking to spend the tribe's money to take legal action is just looking to their own personal interests, being motivated by political or financial gain.
"Anyone seeking to spend the tribe's money to take legal action is just looking to their own personal interests, being motivated by political or financial gain." I just love this sentence. What's your point? Certainly the rest of the world's people who have annuity payments feel that they have the right to defend their financial interests in any way they see fit, but in this instance, these are Indians and therefore unworthy in your opinion to do so? Right?
DeletePerhaps you ought to take a look at the second segment of this ultra-smart spy thriller trilogy to find out how the world really works beyond your provincial little view:
"...Empty the vaults of private wealth, you could pay off the world's debt in a day, in an hour, in a minute. Three-quarters of the world's cash is hidden away in places like this (Turks and Caicos)... 21 Trillion dollars." These people will defend their money from anyone or anything including the U.S. Government when it comes collecting taxes for making purchases of exactly as such and other as such as what this MFTV film suggests and you are bashing the Osages who receive Headright checks and have every right to protect them?
http://www.pbs.org/wgbh/masterpiece/watch-online/full-episodes/worricker-turks-caicos/
None of these people would even be trying it if Jim Gray and all but Osage Congress members Supernaw and Anderson who were the only ones who refused to finance that lawsuit against those Oklahoma Tax Commissioners. It would have been throwing good money after bad. The ONO backed new government is so rabid to get at that headright money that they went into court to get a Federal judge's opinion acknowledging the fact that the Federal Osage reservation exists and it blew up in the faces of all of them to the financial peril and detriment of everyone who receives a headright check. Why do you think StandingBear was recently off to Washington D.C. to compact the BIA everywhere he can? Who benefits if the Federal Trust falls away? In the absence of the current BIA managed ME Trust, what (Federally recognized new Osage governmental) entity, according to the 1906 Allotment Act as amended, now owns both the mineral rights and the income generated by them? No matter how awful the BIA is according to the recent DOI report, I hardly think the headright owners would like to trade in the BIA for the oversight and management of a new trust by the Osage Nation that likely will only include those who live in Osage County run by employees who are terrific at picking up their paychecks and running on the Osage version of Indian time. StandingBear has already put in for compacting the BIA on probate work. Imagine how that will go with all your estate probate paperwork stuffed in a drawer because the assigned Osage worker is too lazy, too unskilled in the job they've been hired to do to do a good job or just doesn't like your family or you in particular. Remember, because of the Osage Constitution, you can't sue the Osage Nation for any reason in Federal Court because of Tribal Sovereignty and according to the governing document itself, you can't get any money damages from the Osage Nation in Tribal Court. If you were to sue them on an estate issue on principal in the Osage Nation Court, how well do you think that will go?
DeleteWhere in the Osage Constitution does it say this?
DeleteARTICLE IV:
DeleteSection 4. Remedies: No person shall be entitled to an award of monetary damages, as a form of relief, in the Osage Trial Court for any violation of these rights; unless the Osage Nation Congress may by law provide for monetary damages as a form of relief for such violations, when relief would best serve the interests of the Osage Nation or that of justice.
The question is, justice for whom or what? You or the Osage Nation?
DeleteWhen are they going to put up the LIVE link to the MC Meeting today?
ReplyDeletehttp://www.osagenation-nsn.gov/who-we-are/minerals-council/meeting-information
When are they going to update the Agendas as well? How much does IT get paid to do such a poor job for the Shareholder constituents?
DeleteIT did their job. In fact, an IT employee has been serving as the secretary for every MC meeting since Oct.1. The audio was live streamed perfectly and it was put on the MC web site within a hour or so after the meeting. Providing meeting notices and agendas is the MC office staff's responsibility but they first must be approved by the chairman. All those minutes you see not available on the web site are minutes not yet approved by the council. WHY IS THIS? Once IT gets any information, they immediately put it on the web site. We have no office staff to do these things because the MC voted to fire them all on Sept. 29. When you understand who has been running the office since that time, you will understand why there has been absolutely NO normal services happening for the shareholders. There needs to be many changes made at the MC. DRASTIC CHANGES! They said at the meeting Friday that they would be dealing with the office manager position on Wednesday. If they find a good one, maybe the changes will begin. It does look like the council is moving forward on several issues. Gas analyist Susan Forman outlined many problems with the BIA handling of natural gas measurement and accounting in her report Friday. Hiring her was the smartest thing this council could have done. Now if they will just get someone equally qualified to handle the oil measurement and accounting, a qualified office manager, and hire an engineer to run the business for them, we should start seeing progress.
DeleteIf this is true, why am I receiving a 404 Error message, on two different computers every time I click on the audio link to yesterday's meeting? Of course, nothing could possibly be wrong with the URL string as entered that identifies the actual link destination on the web because Osage Nation IT was involved, now could it?
DeleteI apologize for not checking that out before I shot my mouth off. You are correct. Apparently an error was made when it was entered. Let's hope it is fixed 1st thing Monday.
DeleteGreat to see support on these V.I.P issues. Change should have taken place before the 3rd M.C took office, that being said, the audit report was disturbing and it is not that we were not self aware, since the HPP settlement. We understood the many inefficiencies that exists, still to this very day , since the settlement. It is incumbant of our M.C to be as equally fiscal responsible and accountable. A lot has happened since then and now and I am sure funding is part of the problem and should'nt be. This is what happens with poor stewardship and the meaning of insanity is doing the same thing over and over again. The redundancies abound as mounds of dollars lost. This still three years later. The Producers all know compliance is here and metering should be happening as we speak...though it looks like next year the CFR'S will be in force or at least most of it will be. Ok if any of you done the math lately? Forty seven thousands dollars a month we are losing and this is just on 4 leases I believe out of 8 that were audited. Now do the math we have 4000 wells and all the flaring and getting the bottom of the barrel for royalty. So you have to ask why is this still going on? In the private sector this would be remedied A.S.A.P. What we can do today is get pro-active. Plain and simple. Protocol is not to much to ask for.
DeleteThank you for your response and apology. It's one I highly respect and I'm not kidding.
DeleteRun the Mineral Estate?
ReplyDeleteThis is exactly what happens when the Osage Nation government has, up until now, abandoned its responsibility to oversee and hold accountable the gaming operations:
"UPDATE: Two Osage Casino executives have voluntarily surrendered their gaming licenses to the Osage Nation Gaming Commission..."
Read more at https://www.facebook.com/OsageNews?ref=stream&fref=nf
For the umpteenth time, we warned them and they ignored us.
Run the Mineral Estate?
Delete5 man board claims tribe lacks power to prosecute --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/5-man-board-claims-tribe-lacks-power-to-prosecute
Justice in Osage Courts is ludicrously slow.
Ray McClain has a new post on his web site, Osages-You-need-to-Know. The article is titled We need an office manager for the MC. He seems to indicate the MC , after firing everyone in the office, is finally going to start hiring office staff. The first position, according to Ray would be "Executive Administrative Secretary" and list what some of the duties will be. The list and requirements they will be looking for are extensive and he states it will probably be very hard if not impossible to find someone with all the qualifications After I read through the list of duties the thought came to mind " What do the MC members do other than come in, take up space during the MC meetings and draw pretty good money for the time spent?" From the mess we find the MC in, it looks like the answer to the question is...Not much!! I see a big fly in the ointment is the duty of assisting MC members with their request. Remember, that one of the issues was that a certain MC member couldn't stay out of the office and harassed the staff. The MC Chairman was supposed to have put a stop to that but that never happened. If the same antics take place with the new hire, they probably won't stay long and quit like some employees before them! A good, well qualified person isn't going to put up with things that took place in the past and I wouldn't blame them. Of course that could change if the person hired is good buddies with certain MC members as we have seen in the past and has already been proposed. Let's hope this doesn't get repeated this time.
ReplyDeleteOk, now someone is getting my drift all a long I have been saying we need a functional M.C not a arm chair quarter back. This is why it is up to the SHAREHOLDER'S to decide how their M.C is going to perform to the best of their duties as described oops their is no designate but the future is here and we as Shareholder's must decide and come to conclusion after the debacle of the Audit report how best applied their services and the potential they hold. Let me throw this out there, funding is an issue, hiring is an issue, firing is an issue...these problems exist becuase no one is minding the camp...their needs a full staff at all times eight hours a day...follow through. And this , why we are where we are at. You cannot get the right staff because there is not enough educated talent sorta speak, back home. You are only as good as the next person next to you. In other words your success is my success. Training is much needed and no one is willing to because why? Its really simple there is staff that would like to return and can endure more training but do not want to come back because of Cynthia. Now, that being said...I spoke with an individual M.C member the other day...I suggest you all do the same..but you can't blame this all on one person, this goes back. Bottom line is we want our M.C crossed trained as well to help with the diuties in the office so when that rainy day happens they can pick up where the other can't. And really we shouldn't be in the position that we are in if our M.C did the diligence required by the Shareholder's. Now that's the truth. Facts as they are.
DeleteBefore the entire office staff was fired, the MC chairman was supposed to keep Cynthia out of the office and causing turmoil. That didn't happen...lots of talk but no action. Now..if you were looking to hire on to be a MC office member and looked back at the past events that happened and those that didn't...would you apply?I don't think so! As a previous poster said, a good qualified person isn't about to put up with what went on and you can't trust the chairman to stop it.
DeleteI agree and this is why policy is important to set the standard. I disagree with McClains statement in his last letter to us in that, some of the best people that I have trained realative to experience in a lot of instances, but not all, that they are the best students without bad office habits formed. And you save money in the end, which leaves room for incentive. Experience seems hard to come by back home. Most of this is just data imput anyway. How hard is that, not. The answers are here and can be rectified. It's really not up to the chairman to be involved with the staff period and this is why you have people over stepping their boundries and there is policies and protocols that should be adhered to by law. And if you had a full staff with an office manager, the office manager handles the inside of the office politics according to policy. This alleviates any impropriety. We need to send a sound off to all Shareholder's and get the ball rollin. The problem is we need a list of addresses and at this point I could get this from the ellection office but then the mailer would be sent to everyone and maybe it should?
DeleteThe chairman should not have to be involved with the office staff...I agree HOWEVER the chairman should be responsible for controlling the MC members. When the chairman tried to put a stop to Cynthia interfering with the office staff and the MC voted to do so, her response was, in short "You can't make me!" SO...who do you think is going to control the new office staff?
DeleteI disagree. The Chairman of the Osage Mineral Council is responsible for everything that happens at the MC except the voting of the council. He should delegate responsibility for daily staff operations to the office manager, and give that office manager full authority to direct and oversee staff members, but he is ultimately responsible and he must interact with the staff daily. He must see that each committee is functioning pursuant to the purpose of that committee by attending committee meetings and requiring reports from committee chairmen at council meetings. Most of all, the chairman must always be accessible to the council and to the shareholders, and keep them informed, to the extent possible, of everything that’s happening.
DeleteThat's why you have a Office Manager who reports and has his or her daily and weekly and monthly reports. At this point the M.C is not interested in the office politics and should focus on progress and the pettiness is handled through the Office Manager. To many Chiefs and not enough employees should be left to the OFFICE MANAGER....thats it in a nut shell. This is called protocol. Now we already discussed communication with the shareholders, is long overdue the process, is not in place and once again we must star this process asap.Once again, the chairman can be comprised of any situation but ultimately the hammer comes down from the Office Manager, not the Chairman. You haven't been in the real world have you. And this will reflect whatever the circumstance may be on the Office Manager. The ball starts and stops with the Office Mananger. Don't mean to insult this is the right way. Have tons of experience wish I was there to offer my help.
DeleteI think all the above comments have some merit. But if the chairman doesn't back up (enforce) the rules and procedures as set forth by the office manager, then you have the problems we have seen in the past with certain MC persons thinking they run the office by intimidation and harassment.
DeleteSee what you mean, yes the Office manager will have to answer to the Chair.
DeleteWho ever is in charge of this forum...could you please make the "prove you are not a robot" more clear? I don't mind going through the motion but it would help if the text was brighter. Thanks
ReplyDeleteCan you not zoom? Yes it is hard to see, so I enlarge the text.
DeleteI increase the font size on the page from the pull down menu or open the page to a larger size with my fingers on the iPad. Works great for me.
DeleteYou have got to listen to today's meeting especially to the segment with Robin Phillips and the new questionnaire that she has dropped on the "grandfathered" leases of the oil producers. Also listen for that consultant try and sell another Harvard Project boy after we just got rid of two of them in the Osage, LLC for losing $18 million of the Osage people's money. Stay out of this Eddy Red Eagle. We don't need you and that ONES, LLC skulking around and mucking everything up everywhere you go. Retire. That's the best thing for you to do for yourself and everyone else concerned.
ReplyDeletehttp://on-web1.osagetribe.org/media/minerals/audio/FY2015/2014-1119_3OMC_pt2.mp3
I think we're done here? This Phillips woman is such a light-weight, isn't she? You don't flee the meeting simply because you can't take the heat and there's plenty enough to go around. We need someone of substance who can stand up to this rightful anger caused by the disintigration of new oil drilling in Osage County and negotiate with NEPA for temporary stays of regulations to protect the interests of the Osage Nation, the Headright trust beneficiaries and the oil producers. This meeting stands as testiment to how weak the BIA has apparently become in recent years. Beyond the DOI report, this sort of unprofessional behavior out in the field is truly appaling. Phillips has no business being hired in this capacity. You need a professional fixer in place for a situation like this which calls for major damage control, not a gal who tosses her curls like a drama queen and sweeps out of the room leaving everyone concerned high and dry. A really sensationally wretched work performance from the BIA Superintendent and yes Chairman Waller, the Shareholders do need to hear and know what the BIA is doing and what the Superintendent is doing to get this situation sorted out. Slapping more regulations on the grandfathered-in leases isn't the solution. This is indeed a must-listen meeting.
DeleteMore on the wind farm II meeting --->>>
ReplyDeletehttp://osagenews.org/en/article/2014/11/17/wind-turbines-go-nation-vows-keep-fighting/
I beleive this artical was posted on the last thread. But, just can't help feel like the Gov. is seizing your property without due process. And that might be the answer in the fight against the Wind Farms?
DeleteWonderful NEWS! The Federal government has struck back with an injunction filed in court to stop the activities of the wind farm currently being built in Osage County. Send your email address to Osage Pre-Election News at osage_election_news@comcast.net and we will send you a copy of this Injunction.
ReplyDeleteSee http://osagenews.org/en/article/2014/11/22/press-release-osage-minerals-council/
DeleteSee also http://www.tulsaworld.com/homepagelatest/osage-nation-authorizes-tribal-courts-to-fight-wind-developments/article_01f3f3af-4914-5abe-9603-9f72b461100d.html
DeleteA copy of the Federal injunction is available at http://static.osagenews.org.s3.amazonaws.com/cms_page_media/43/USvOsageWindLLC.pdf
DeleteAnd http://osagenews.org/en/article/2014/11/24/congress-votes-expand-jurisdiction-courts/
DeleteGood Lord! http://barnsdalltimes.com/http:/barnsdalltimes.com/news/wind-farm-no-4-in-the-works
DeleteYep, just read the article, it does not matter all the research, though is thorough and with due respect the proper protocol has been met, does not change the fact this is a boondoggle and has nothing to do with there can be alternative Energy, this is nothing but a ponzi scheme. Rob peter to pay paul worse, another tax on the public.....it's a proven fact. Facts that they the producers of these wind farms projects do not want you to know...or how your property value takes a nose dive, or that constant hum, or how it affects those with pace makers...what if you need one in the future? Or the mere fact the beauty your back yard will forever ah that scenery you so enjoy and thats why you purchased your home, no longer be...and last but least the birds that are killed, you can't get that back and the fact we consider life very much a part of our culture, is a slap to our Sovereignty. To many negatives to suggest we should support and all based on a science that is so flawed. Just my opinion but pretty much spot on.
DeleteGreat news indeed. This just might be we won on merit.
ReplyDeleteHappy Thanksgiving to you all....
ReplyDeleteAnd to you as well. Pumpkin pie...YUMMMMM...
DeleteIf prices don’t recover soon this could be the beginning of the end of the Great American oil fracking boom," Forbes' Christopher Helman recently wrote. BIgger energy companies with money of their own to invest might be able to ride out the dip, but smaller, highly-leveraged oil and gas companies will have problems, he said. Sad but true.
ReplyDeletehttp://osagenews.org/en/article/2014/12/02/osage-county-board-adjustment-votes-appeal-decision-mustang-run/.........Great News! Good bye Enel.
ReplyDeleteShareholders Association will have makeup meeting for the bad weather in November on Dec 7 at 1:00 p at Dave Landrum center
ReplyDeleteProgram is "What's going on!" with Members of Council and Congress...Looks like the weather will be good. Potluck dinner and we furnish the Ham...We really need to be there!~
The attendees were outnumbered by speakers.
Delete-- Topics -- Chief's trip to Washington
-- Tulsa casino upgrade
-- New Campus and misplaced money on several projects
-- Business adventures --
Susan Foreman reports that drilling has come to a halt in the Osage. The chance of leasing will be very low as oil prices continue low.
Thank you. Lisa
DeleteWhat the heck do you mean by business adventures? We've had enough of those from the Osage Nation to last a lifetime. Think Osage LLC and the $9,500 bucks total out of my pocket and yours too if you're an Osage member. I could've used that money and I'll be you could've too. They still have that darned thing alive wasting your money today as if a new board and control transferred to different members of the Osage Congress will make any difference.
DeleteI'm hearing the County is getting upset about the expansion of the Osage jurisdiction issue. If someone came onto Ted Turner's land anywhere but in Osage County, you can bet he'd be out there with more than legal paperwork to defend his mineral rights as a property owner. It really boils down to a real estate ownership issue. If the owner doesn't defend those rights, he/she can expect to lose them to the squatters who come onto the property for whatever the reason. Horse and car thieves are sent to jail but ENEL can dig up and steal our minerals and just because we're Osages we have to take a back seat on this and stand for it? What world does the officials of county live in and when do they cross the line where racial prejudice against Native Americans are concerned?
ReplyDeleteIt does not matter anymore thr BOA does or ssys at this point, even Ted can't fight what is Federal Land and the Mineral Rights. They will blow him so far away. But as far as I know Ted is a good man and he is not financing the Donnalson case.
DeleteTo add the BOA if they did the diligence in the first and due process we wouldn't be taking these steps to protect our sovereignty. And because of there flawed policy or arrogance is now this is going to cost the Osage....
DeleteTed. "Aaaaaaaahhhhhh." That's interesting. I've heard the opposite from one person of some importance in the Osage government.
DeleteThats not what I heard from the MC.
DeleteOf course someone of revelence.
DeleteOsage County officials, in their capacity as agents for the State of Oklahoma, are right to be upset about the unlawful expansion of power by the Osage Nation. The reason? The Osage Nation has a sovereign right to self-governance of its members within the boundaries of its reservation. The right of tribal police to enforce other laws is due to a cross-deputization program, which has limits. Nothing in federal law gives the Osage Nation power over non-Indians.
DeleteAs to the actions by ENEL, they are not digging up and stealing the minerals. They are doing nothing more than any major road construction or real estate development project. ENEL's actions certainly do not constitute mining, as such term requires extraction of 5,000 cubic yards of minerals from a single tract of land in a given year. ENEL is removing 60,000 cubic yards in total across 84 to 94 locations. Given that ENEL's actions do not meet the legal definition of "mining" it is a matter for negotiated use between the land owner and the developer.
The Osage Nation is not an interested party in any dispute, as the mineral estate is owned in trust by the Bureau of Indian Affairs. The Osage Nation simply has a beneficial interest in any revenue resulting from mining of the resources in the mineral estate. Any action must be brought by the BIA.
The BIA is required to bring action in federal court, but the contract between ENEL and the landowners is a matter for the State of Oklahoma due to it being a surface development. The BIA's request for injunction is a good legal ploy, but it won't hold up as there is no legally sufficient evidence that "mining" is being performed.
And so, the Osage Nation steps into another legal quagmire. The last major conflict resulted in a ruling that the reservation had been disestablished - and not just diminished - by Act of Congress in 1906. If civil action is push to the limits in accordance with ONCA 15--09 the end result will be a ruling that Article II of the Osage Nation Constitution is unlawful.
NOT! If that's the case, then why does the State of Oklahoma pay the Osage Nation for the excavation of minerals it uses where its road construction projects are concerned in Osage County? Hmmmm? Even the State of Oklahoma knows it's subject to Federal law in this matter. Where do you think the government of Italy and its company ENEL gets off with not paying for them? Mining isn't the issue here as much as the theft of the minerals from the Osage Nation taken for business use. The land owners are NOT empowered to authorize ENEL to take any of the minerals associated with any part of that land the own because the mineral rights have been reserved to the Osage Nation by various Acts of the U.S. Congress signed into law at the Federal level by the President. With your logic, why couldn't ENEL hire a company to bring in an oil company to begin drilling oil on land between the wind turbines?
DeletePURE FICTION:
"The Osage Nation is not an interested party in any dispute, as the mineral estate is owned in trust by the Bureau of Indian Affairs. The Osage Nation simply has a beneficial interest in any revenue resulting from mining of the resources in the mineral estate. Any action must be brought by the BIA."
The BIA has no beneficial ownership interest in the Mineral Estate whatsoever. It is an agency of the Federal government charged with the administration and management of the Osage Mineral Estate Trust. The Federal government holds the assets of the Osage Nation in trust in two ways; the mineral rights tied to the Trustees Deed for the purchase of the Osage reservation in 1883 and the Federal minerals income trust created by the 1906 Allotment Act for the benefit of the Headright owners. Where are you getting this stuff you're coming up with here? Desperation, pure and simple?
The great thing about this blog is that it outs the fact that few if any of you posting here with actual mineral trust beneficiary personal property assets coming to you in a quarterly headright check really understand the legal mechanics how a Trust actually works.
DeleteInitially there has to be an owner with assets to be "taken into trust" or "put or placed in trust." When the Osages purchased the reservation in 1883, the U.S. Government took that real estate land asset and placed it into trust by use of a Trustees Deed which is exactly what the Cherokee Deed for the purchase of the reservation is yesterday, today and tomorrow or until the Federal government decides to terminate the Federal Trust and pull the mineral rights still tied to the Cherokee Trustee's Deed out of the current Trust and issue a general warrantee deed or some other kind of U.S. Government property conveyance whatever that might be, and transfer the ownership back to the Osage Tribe/Osage Nation per the terms and conditions of the 1938 Act and the 1978 Act of the U.S. Congress to amend the Act of June 24,1938 (52 Stat. 1034, 1035).
Act of June 24,1938 (52 Stat. 1034, 1035):
"That all that part of the Act of June 28, 1906 (34 Stat. L. 539), entitled 'An Act for the division of the lands and funds of the Osage Indians in Oklahoma, and for other purposes', which reserves to the Osage Tribe the oil, gas, coal, or other minerals, covered by the lands for the selection and division of which provision is made in that Act is hereby amended so that the oil, gas, coal, or other minerals, covered by said lands are reserved to the Osage Tribe...and all royalties and bonuses arising therefrom shall belong to the Osage Tribe of Indians..."
1978 Act of October 21, 1978
c) The fourth paragraph of section 3 of the Act of June 24, 1938 (52 Stat. 1034, 1036) is amended by striking the phrase " January 1, 1984" and inserting, in lieu thereof, the phrase " January 1, 1984 and thereafter until otherwise provided by Congress".
RE: The section of the 1938 Act that has been amended by the 1978 Act giving the Federal government the ability to unilaterally opt out of continuing forward with the Mineral Estate Trust and the Trust relationship with the Osages that it is currently bound by today:
"The lands, moneys, and other properties now or hereafter held in trust or under the supervision of the United States for the Osage Tribe of Indians, the members thereof, or their heirs and assigns, shall continue subject to such trusts and supervision until January 1, 1984, unless otherwise provided by Act of Congress." The last part of this sentence now reads, "January 1, 1984 and thereafter until otherwise provided by Congress." Having a trustees deed in place by the Federal government does not indicate ownership but rather, in this case, management and administration by the Feds which is exactly what has been going on for the last 108 years.
OK. Let's go in another direction. If you know that a Federal law is being broken, you are empowered to make a citizen's arrest. This would also apply to the members of the Osage Nation Police force wouldn't it as citizens of the United States? In another direction, when the Governor of State of Mississippi refused back up the registration of a black student at Ole Miss, Kennedy eventually called out the National Guard to enforce that enrollment didn't he? http://microsites.jfklibrary.org/olemiss/home/
DeleteThe President could send in the National Guard of the State of Oklahoma to protect the Osage beneficiaries (Nation and headright owners from having their minerals stolen by this ENEL bunch, couldn't he? You don't necessarily have to get into court to know what the law is at face value and take measures to see that it's followed. That's what the Executive Branch of the USA is supposed to do, see that the law is executed and followed properly. Remember that the deed of Trust for the Osage reservation that the mineral rights are tied to specified that the trust relationship is with "the United States of America." What this means in no uncertain terms is the fiduciary relationship is established by the Cherokee Deed of Trust and owned to the Osage Nation as the beneficiary by ALL THREE BRANCHES of the U.S. government and that includes the Legislative, the Executive AND THE JUDICIAL branches.
"A trustee (The United States of America) is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust's beneficiaries." How do they determine the cost of excavated minerals with other companies who pay for the limestone? By cubic feet or by weight?
DeleteWho cares? ENEL needs a permit from the BIA first and they are in violation!!!!!!!
DeleteThe question is, what standing legally does the Osage Nation have to sue as a Trust Beneficiary? Surely they have the ability to move forward in court and file a "Friend of the Court" amicus curiae brief as to the Donalson suit in addition to the taking of the minerals by ENEL injunction legal action recently filed by the Federal government in Federal Court.
DeleteMore about this --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/uncategorized/feds-ask-for-injunction-again-enel-demand-halt-to-all-excavating
DeleteThis too --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/osage-county/united-states-seeks-order-to-stop-wind-farm-construction
DeleteAlso the Osage County Board of Adjustment has filed too to appeal Judge Robert Haney’s decision to the Oklahoma Supreme Court --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/county-to-appeal-ruling-in-mustang-run-case-setting-off-a-long-delay-for-enel-green-power
DeleteReprint from Conversation web page at http://osageblog.blogspot.com/2014/11/conversation-november-2014.html
Delete" ENEL is making fair use of surface rights. For there to be an infringement of the mineral estate "mining" would need to occur, which entails the removal of 5,000 cubic yards of minerals from a single tract of land within a period of one year. A "single tract" does not include the entire land body of Osage County. On average, ENEL is digging up less than 750 cubic yards per wind turbine and some portion of that is being replaced into the pits as back-fill, further reducing the amount of "minerals" removed."
Really? 750 cubic yards x 152 total wind turbines in Osage Wind and Mustang Run taken together = 114,000 cubic yards of excavation and that adds up to mining for a commercial purpose to me.
So, the first demand for injunctive relief was denied - as was to be expected. ENEL's attorneys are bright enough to raise the legal definition of "mining" and the judge saw through the hollow argument of the BIA. Also, there is no potential for "irreparable harm" in denying the injunction. Rather, if it is later determined that mining did occur and that a royalty should be paid, such amounts can be established at fair market value and paid after all "mining" is complete.
DeleteThe BIA attorneys are going way out on a limb with the "work of any nature" as 25 CFR Part 214 is restricted to the governance of "mining". The phrase "work of any nature" would only apply to work directly related to mining activities, and not use of surface lands which do not involve mining per se.
25 CFR 211.3 gives a definition of mining:
Mining means the science, technique, and business of mineral development including, but not limited to: opencast work, underground work, and in-situ leaching directed to severance and treatment of minerals; Provided, when sand, gravel, pumice, cinders, granite, building stone, limestone, clay or silt is the subject mineral, an enterprise is considered “mining” only if the extraction of such a mineral exceeds 5,000 cubic yards in any given year.
In the case where ENEL extracts no more than 5,000 cubic yards per tract (i.e., a separate parcel of land) then it is within its rights to negotiate such use with the surface owner. This limitation is admitted to by the BIA on page 6 of the new request for injunction.
As to the limitations placed by 25 CFR 214.8 on the amount of land which can be held under lease at one time, this again only applies for the purpose of mining. ENEL's use of the surface land is not for such purpose; its use would clearly meet the on-site construction exception to mining regulations.
Wait another week or so and you will see another new demand for injunction from the BIA attorneys. At some point the judge will tire of them beating a dead horse.
Now this is amazing!
Deletehttps://www.facebook.com/OsageNews/photos/a.153834188010750.33094.134873493240153/814073421986820/?type=1
Poster on December 8, 2014 at 6:10 PM, if this is true then a Court of the Judicial Branch of the United States of America is in absolute violation of its fiduciary trust obligation to the Osage Nation and the Osage Headright owners under the terms, conditions and provisions of the Deed of Trust for the purchase of the Osage reservation that was signed on June 4, 1883 between the Cherokee Nation and "the United States of America" as Settlor and overall Trustee of the Reservation Land Trust created by the Deed itself. "A trustee is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust's beneficiary/ies." 114,000 cubic feet of excavated land and the taking of limestone for commercial purposes is certainly an unreasonable loss to anyone with a modicum of fairness and good sense. What the Federal Court in Tulsa is doing here is very strange and needs to be looked into and investigated by whatever governing body is responsible for it.
DeleteThe court has no such fiduciary duty; rather, its sole duty is to uphold the law. Even the duty of the administrative branch - which does have a fiduciary duty as trustee - must be carried out in a manner consistent with applicable laws and regulations.
DeleteAs to the excavation, the measurement is not by land in total within Osage County but by tract and the measurement is limited to extraction and removal of "minerals". Also, the BIA is citing regulations which only apply to "mining" and as yet has failed to make a compelling argument that mining has occurred.
HA! 750 cubic yards x 152 total wind turbines in Osage Wind and Mustang Run taken together = 114,000 cubic yards of excavation. Yes. I can see that the court wouldn't have or demonstrate in its decisions that it has the common sense God gave a gnat.
DeleteGet rid of the subsidies and you'll get rid of ENEL
Deletehttp://kgou.org/post/scrutiny-subsidies-could-test-economics-wind-energy-oklahoma
Since when does, "the first demand for injunctive relief was denied," happen even before Judge Payne has a chance to have a hearing on the 16th of December, 2014?
DeleteJudge James Payne
2:30pm MOTION HRG - 14-CV-704 - USA v Osage Wind, LLC (mot/prelim inj - Evidentiary)
--->>> http://www.oknd.uscourts.gov/oknd/calendars/docket.html#
DeleteTulsa World weighs in --->>>http://www.tulsaworld.com/news/local/federal-authorities-seek-immediate-halt-to-osage-county-wind-development/article_3606ab19-70ab-593e-aac7-c5262bf60cfb.html
DeleteGood advice, "Take the time to write your US Congressman or Senator and simply tell them you're opposed to extending the federal Production Tax Credit for industrial wind power." From Chris White.
DeleteTy Koch letter --->>>
Deletehttps://www.facebook.com/OsageNews/photos/pb.134873493240153.-2207520000.1418284215./811324142261748/?type=3&theater
Great advice Chris White, and to poster at 12:53, read the law and wow this law stinks to kingdom high. For more than one reason. There is an easy solution to all of this? Close our border the reservation oh thats right we lost the case.
DeleteWhat is so bizarre is that this Ty Koch fellow has his OWN deputies who have been and are being been hired by Enel to provide security for the wind farm construction site! If that isn't a staggering conflict of interest, I don't know what is. This wind farm thing just gets more and more outrageous by the day.
DeleteRight, all based on a inconvenient truth, a lie by Al Gore. This again, a ponzi scheme, a redistribution of the Tax payers money....fact. This is a forced Mandate and should be knocked out of the sky....literally. Osage wind should have never ever got involved in such a lie...We need to not perpetuate such lies..yes appearances by our Police Dept. could be construed as a conflict of interest and my hope is that they are watching for our interest and not in the interest of the wind farm.
DeleteExcuse me? I think it's clear whose interest they are being PAID to look out for and this ought to be submitted to whatever agency or department that controls the ethical behavior of this Sheriff and his deputies. Can someone do some homework and find out to whom you would direct such a complaint? It's quite clear now that this Haney fellow really appears to be fronting for on the bench and acting on behalf of Judge Kane who actually has an interest in the wind farm company going forward or he wouldn't have recused himself from the case in the first place. This should be the subject of another complaint which should be filed with the Supreme Court of Oklahoma as well.
DeleteAgainst both Judges Haney and Kane to determine what the relationship has been in this particular case. Phone records and bank accounts of both men checked thoroughly and so forth.
DeleteThe Courts will solve this and the Police Dept. has to be neutral in these matters and why the heck did they not hire a security firm to do the job? If and thats a big if, if there is any impropriety or hint of,yes in deed we need to investigate with maybe a P.I? Private Investigator. This is why I said how did our land become all of sudden the target to build these eye sores? We just need the proof. Bottom line...I have always said look whats in everybody's back yard and you will know who has been using our funds to subsidize their income....
DeleteI still say we should declare war on Italy for allowing its State owned company ENEL to engage in the taking and theft of our minerals, thereby diminishing and destroying large sections of our mineral estate. Just because the local court wants to redefine such harm to our mineral estate doesn't mean we have to stand for it. We've declared war on Italy before during WW II and if it can happen once it can happen twice. All hell breaks loose over the name of a National football team when this is matter of far greater gravitas in the overall scheme of things and a threat to all Native American Tribes and Nations should other state owned companies come onshore and pull a stunt like this again? If this were happening in the Black community, the NAACP would be all over it like white on rice and both Sheperd Smith and Anderson Cooper would already be booking their flights or scheduling private planes to Tulsa ASAP.
DeleteYour overall perspective is spot on. We unfortunately have the ability to set the precedent and we will just at a cost that I hpoe can be redeemed.
DeleteTy Koch isn't acting due to a "conflict of interest" but only doing his duty under the Deputation Agreement. The laws of the Osage Nation only apply within "Indian Country" as defined at 18 U.S. Code § 1151. As left standing by the Supreme Court of the United States, the reservation has been disestablished.
DeleteUnder federal law the term "Indian Country" could have been interpreted to apply to "dependent Indian communities" and "all Indian allotments, the Indian titles to which have not been extinguished" as applicable for enforcement of Osage Nation law, but the agreement last signed by Scott Bighorse on September 20, 2011 expressly limits the scope as being "within the exterior boundaries of the Osage Tribe [Nation]".
Furthermore, the agreement is based upon Resolution No. 31-1523 of the Osage Tribal Council dated March 15, 2006. This is 4 days after the Osage Nation Constitution was ratified.
FWIW - the Deputation Agreement is not legally enforceable due to Resolution No. 31-1523 being in violation of Article XXII Section 2 and not being an act prior "taken before the effective date of this Constitution" as mandated by Section 1 - the Savings Clause. After adoption of the Constitution, all such acts are required to be made pursuant to Article VI.
Supreme Court never heard the tax reservation case as it never went there. The rest of your post seems skewed too. According to the Feds, the reservations hasn't been disestablished. If it had the moratorium on wind farms that has been going on at the Oklahoma State level would apply in Osage County and it hasn't as far as I know.
DeleteThe deputation agreement hasn't anything to do with the fact that the Sheriff, from an ethical standpoint, should be acting in a fair and an impartial manner toward both the Osages and the wind farm business. He shouldn't allow his deputies to be out there working for the wind farm company because it's not in the best interest of the Osages and many others who feel the wind farms are deleterious for whatever the reasons they have on an individual basis.
They could as least convene a traditional war council and invite other Native American Tribal communities in Oklahoma, the press, those individuals and institutions and who are in agreement with them and the BIA. Doing this and weighing in on it the traditional way can't hurt at this point in the game.
DeleteYeah the person who posted at 9:09 Am...you had my head scratching for a second and I have to agree with poster @ 1:43 Pm...and Culture on these matters would be beneficial. As long as both sides of the fence, is present for debate. With Indian Media Present.
DeleteIn response to the poster at 1:43 PM, the SCOTUS let stand the ruling by the United States 10th Circuit Court of Appeals. The net effect is that the Osage Nation reservation was disestablished - and not just diminished - by the 1906 Act.
DeleteWere this not the case, the Osage Nation would not have rushed to have the parcels of land (upon which three casinos sit) be taken into trust by the BIA during July 2011.
As to the deputation agreement, it is the only relevant point of debate regarding the memorandum by Ty Koch and the perception that he has a conflict of interest. He cannot prevent deputies from working as security guards in their off-duty hours, and who they choose to work for is their own business.
Finally, the moratorium referred to is Senate Bill 1440 and is not law. This bill has passed the Senate by a vote of 32-8, but still needs to pass in the House and be signed into law by Governor Fallin before it has any effect.
Of further interest:
Deletehttp://www.muskogeephoenix.com/news/local_news/cherokee-official-becomes-special-assistant-u-s-attorney/article_de69ff92-84e2-11e4-9061-03e960b06ce3.html
and
http://barnsdalltimes.com/http:/barnsdalltimes.com/news/osage-nation-files-suit-against-wind-project-in-tribal-court
Good news Osageblogger all around.
DeletePeace Officers of the law are to avoid the appearance of impropriety. A good example would not be to work after hours as security for the Ku Klux Klan when the NAACP is in town for a recruitment meeting.
Delete"the SCOTUS let stand the ruling by the United States 10th Circuit Court of Appeals." That's just a bald faced lie. The SCOTUS never got anywhere near a reading of, analysis of or an opinion in the case because it was never appealed to the Supreme Court of the United States. Are you all right?
DeleteThe case was most certainly appealed and the SCOTUS refused to hear it. By doing so, they let stand the ruling by the 10th Circuit.
DeleteI've read every filing and court opinion. Those who haven't done so but assert fact to be a "bald face lie" should look in the mirror when asking the question, "Are you all right?"
The principal chief rushed to have the property taken into trust by the BIA Osage Agency following the decision by the SCOTUS not to year the appeal. Do you think that would have happened had legal counsel advised that the reservation had been disestablished?
Fiction! This tax/reservation case was never appealed to the Supreme Court after the 10th Circuit upheld Judge Frizzell's ruling. There was an appeal to the Supreme Court that was successful but this was before Jim Gray went back in to the entry level Federal Court in Tulsa when Frizzell ruled that the reservation had been disestablished. You are confusing your cases. This tax case has a long court history that goes all the way back to the Tillman Tribal Council, the 30th I think.
DeleteMore information --->>> http://barnsdalltimes.com/http:/barnsdalltimes.com/news/feds-call-off-temporary-injunction-now-ask-for-removal-of-all-structures-at-enels-osage-wind-project
DeleteIn order to settle this argument, I have sought a confirmation of the facts in the tax case and indeed a Writ of Certiorari was submitted to the Supreme Court of the U.S. and they refused to hear it.
DeleteHowever, the decision does not necessarily reflect agreement with the decision of the lower court.
DeleteFor reference:
Delete1. Docket No. 10-537 of the Supreme Court of the United States:
Osage Nation, Petitioner v. Constance Irby, Secretary-Member of the Oklahoma Tax Commission, et al.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-537.htm
2. Appellate Case 09-5050, United States Court of Appeals, Tenth District:
Osage Nation, Petitioner v. Constance Irby, Secretary-Member of the Oklahoma Tax Commission, et al.
http://www.gpo.gov/fdsys/pkg/USCOURTS-ca10-09-05050/pdf/USCOURTS-ca10-09-05050-0.pdf
See: a) pg. 12, par. 2; b) pg. 14, par. 2; and pg. 20, par. 1 - the latter providing the definitive ruling now in effect.
3) Osage News article dated March 4, 2011 - ON Congress passes $50,000 for land-into-trust application costs:
http://osagenews.org/en/article/2011/03/04/congress-passes-50000-land-trust-application-costs/
Action taken in anticipation of losing the appeal.
4) Osage News article dated June 23, 2011 - U.S. Supreme Court to make decision on Osage Reservation status case today:
http://osagenews.org/en/article/2011/06/23/us-supreme-court-make-decision-osage-reservation-status-case-today/
5) Osage News article dated June 27, 2011 - U.S. Supreme Court declines Osage Nation Reservation status case:
http://osagenews.org/en/article/2011/06/27/us-supreme-court-declines-osage-nation-reservation-status-case/
6) Osage News article dated August 24, 2011 - Osage casinos no longer in jeopardy:
http://osagenews.org/en/article/2011/08/24/osage-casinos-no-longer-jeopardy/
"Despite exhausting all appeals in the reservation status case, Chief Red Eagle and White remained optimistic that Interior officials would approve the trust applications. They also praised BIA regional officials, in addition to Interior officials, for working to expedite the trust applications’ processing."
FYI - You can find the land into trust actions documented in the Federal Register, and the BIA Osage Agency can provide copies of the title deeds.
I first learned about the decision in September 2011 by reading about it in the blogs. All of the facts related to the reservation status are publicly available.
The reservation of the Omaha Tribe of Nebraska has not been diminished, the 8th Circuit Court of Appeals ruled today.
DeleteIn a unanimous opinion, the court said Congress did not change the boundaries of the reservation when it opened part of the tribe's land base to non-Indian settlers in 1882. The ruling was only five pages but it upheld the findings of a federal judge who "thoroughly, thoughtfully, and accurately" examined the law and other evidence at issue in the dispute.
"The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus," Judge Clarence Arlen Beam wrote, referring to the lower court's decision.
Ever mindful to 'resolve any ambiguities in favor of the Indians,' there is nothing in this case to overcome the 'presumption in favor of the continued existence' of the Omaha Indian Reservation," Beam continued.
From Indianz.com.
Finally two courts at the Federal level that aren't sloppy! Congratulations!!!
DeleteRight.
DeleteI want to put in a solid plug for the Osage Nation Christmas Ornaments. Just received some of them and they are indeed spectacular! See http://www.osagefoundation.org/store/ Perfect stocking stuffers for sure. Your ornaments purchase benefits the Osage Nation Foundation so it's all good.
ReplyDeleteDon't forget about the Osage Ballet! The Wahzhazhe DVD is available for purchase at http://www.osageballet.com/store/
DeleteIs there a FAQ that list all the acronyms posted on this web site? If not, there should be. Just because the commenter knows what it means doesn't mean the readers do. Thanks.
ReplyDeleteJust so no one points it out. I deliberately omitted the meaning of the acronym FAQ (Frequently Asked Questions) to make my point. Do not assume the readers know what you are referencing to. Thanks.
ReplyDeleteSimple fix Google it.
DeleteAgreed. If you use an acronym, please clarify it early on in your post unless it's so well known in this context that it would be foolish to do so. Example: Bureau of Indian Affairs (the BIA).
DeleteFletcher Case information is available at http://osagenews.org/en/article/2014/12/05/class-action-notification-mailed-fletcher-case/
ReplyDeleteTo subscribe to the Northern District of Oklahoma E-news see http://www.oknd.uscourts.gov/newsletter/subscriptions
ReplyDeleteThis should enable you to follow cases in Federal Court in Tulsa involving Osage Shareholder matters recently filed or before the court.
Minerals Council Meetings --->>> http://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-schedule-december
ReplyDeleteHow do you get ahold of the Minerals Council to talk with them personally? The used to have a phone roster. What happened to it?
ReplyDeletehttp://www.osagenation-nsn.gov/who-we-are/minerals-council
Call them by there cell phone. The numbers are listed I beleive in the Shareholder's report we get in the mail. Anyone in paticular? I have each and everyone's number.
DeleteNew Reports:
ReplyDeletehttp://www.osages-you-need-to-know.com/
Developing: U.S. crude futures fell below $60 a barrel on Thursday, the first time in five years that it breached the psychologically-important support, as oil markets extended this week's losses on oversupply concerns. Fox report.
ReplyDeleteDoes anyone go on oil price net...
DeleteOil Price Fall Threatens US Oil Production By STEVE AUSTIN, 2014/11/04
The sharp oil price fall from $100 last summer to below $80 in just three months will bankrupt small US oil producers who need at least $80 per barrel to be profitable. It's as shame because the dream of US energy independence may never realize. Meanwhile OPEC producers are seizing this opportunity to keep prices just below $80 and thin out competitors.
Where are our large Competitors?
DeleteI know as 'Shareholders' we focus on the price & production of oil, rightfully so. Also remember, as diversified
ReplyDeleteas 401k's , IRA's & Mutual Funds are in the Energy sector this will & is affecting the world. The psychological affect
coupled with 'Programed Trading' (No Emotional influnce) could put this country on the skids. Some people
only have the foresight to see the price at the pump, meanwhile their retirement is tanking. We are all in this
boat together, as the 'Shale hits the fan' ! A word of caution; watch the roads out of North Dakota there
may be a traffic jam soon. I read an article out of Mechanic's Illustrated today at the doctors office dated
June 2012. The cover read "Oil Boom, why the prices are so high" , after reading the story the reasons they sighted
are still the same today. To quote Albert Einstein " I will tell you what today, just ask me tomorrow!". All these
experts on oil, where were they last June ??? Happy Holidays ...
More good news: Oklahoma could lose 5,000 energy-related jobs next year if newly lowered oil price forecasts prove true, Oklahoma State University economist Dan Rickman said Thursday.
Deletehttp://journalrecord.com/2014/12/11/slope-gets-slicker-new-oil-price-forecasts-could-cost-thousands-of-jobs-energy/
Yeah, no use sitting around listening to the EXPERTS... http://money.cnn.com/2014/06/12/news/oil-prices-iraq/
DeleteEverything cycles even the Energy sector. Back in 2006 gas prices were around $2:21 at 61dpb. And peaked to 80 dpb then settled at the end of the yaer lower. This just goes to show you how the Energy Sector manipulates the dollar..gold and so forth. In the end History repeats and we will rewrite History by becoming a major exporter.
DeleteHas anyone considered what the lack of reservation status means for the Osage Nation business such as Osage LLC, which continues to conduct business off of trust land (in spite of commerce committee instructions for it to comply with the operating agreement)?
ReplyDeleteBy operating in Tulsa off of trust land, Osage LLC and its subsidiaries appear to be in violation of multiple state laws, including the requirement to register with the state to do business and failure to pay Oklahoma income taxes.
It also makes me wonder whether or not Osage LLC is compliant with IRS regulations. Given that the LLC and it's subsidiaries were organized to be separate from the tribe, and ineligible to organize under Section 17 of the Indian Reorganization Act and Section 3 of the Oklahoma Indian Welfare Act, are they paying taxes as required or involved with income tax evasion?
Some of the passive investments make money, as does the "joint venture" Osage Manhattan Builders. I don't know about the other companies, but from reading here and listening to the commerce committee sessions most of the subsidiaries seem to be money pits.
Reference: http://www.irs.gov/Government-Entities/Indian-Tribal-Governments/ITG-FAQ-%231-Answer-What-are-the-different-ways-that-tribal-entities-can-be-structured,-and-what-are-the-tax-implications-of-each%3F
"Any flow-through income to members also becomes taxable."
My new-found curiosity about the LLC raises questions. Aren't all of OMB's personnel actually employees of Manhattan Builders - a division of Manhattan Construction Company? Who really works for the LLC companies and what do they do? Are the LLC companies just a front for other businesses? How do they perform any actual work? Is all contract performance subcontracted? Aren't the LLC subsidiaries getting contracts through the SBA 8A and HUBZONE programs, and is it legal to subcontract all of such federal contracts?
p.s. - The LLC matters have probably been debated before, but these questions just occurred to me upon considering the reservation status.
Well, the commerce committee minutes from Dec 12th answers one question. The LLC has two employees - Noble (OPDG) and Hamilton (OIS). The LLC web site claims OPDG "brings more than 80 years of experience with their professional staff" (http://osagellc.com/subsidiaries/osage-pinnacle-design-group/). Is this Kim Noble's experience? What is the experience she brings to an architectural engineering and construction firm?
DeleteMs. Noble has a web site of www.pdg-ae.com listed in the signature block on the OPDG page. This raises a whole slew of questions. How is she affiliated with Pinnacle Design Group of Norman, OK? Is the "professional staff" actually employed by this other company? Who are Don Frick and Jeff Maack and what role do they play in OPDG? Is OPDG really only a front for this other company - Pinnacle Design Group? If so, then why is the LLC board spending the tribe's money to develop business for another company? Does OPDG lose money so that PDG can make money? How does the tribe benefit? What kind of game is being run here?
According to the BIA and the Feds, the reservation still exists despite what the Courts in Tulsa and the 10th District have had to say in recent years that have put forth very sloppy opinions where the reservation of the mineral rights are concerned. For the 100th time:
DeleteThe trustees deed for the purchased land prevails here in the "chain of title." The 1906 Allotment Act specified that the land, together with minerals were to be returned to the original allottees at the end of twenty five years. There was an extension of the mineral rights reservation to the Osage Tribe at the time that the original deeds went out from the Secretary of the Interior signed by the then Chief. These deeds specified that the mineral rights associated with these deeds were reserved to the Osage Tribe. At the end of the next 25 years in the absence of the next extension, there would have had to be a series of quit claim deeds or other kind of government property conveyances that would have repatriated the mineral rights with the land. This never happened and the original FEDERAL Trustee's deed still has the mineral rights tied to it and will have in perpetuity as per the 1978 Act to amend the 1938 Act of the U.S. Congress. This wasn't and ISN"T TODAY a deed for a single family home, a commercial property like a ranch or farm, a co-op in New York City or a townhome in Tulsa. It was and IS TODAY a Trustees Deed for the purchase of an INDIAN RESERVATION IN THE INDIAN TERRITORY located in what would eventually become Oklahoma. The Federal Courts at every level have made mistakes before that have been reversed and corrected even by other sitting Justices of the Supreme Court at later points throughout our 238 year history.
Osageblogger good read thank you. So factual.
DeleteThank you. I need to correct one thing however, and that's the 10th Circuit Court, not the 10th District.
DeleteUnderstood with out saying. But maybe they're people who would not understand or get that. Heavy thought and your research is truley appreciated.
DeleteAnd each extension of the mineral rights was and is unconstitutional. Not one member was given the right of the V Amendment property rights.
DeleteIs lawyer Gentner Drummond not posting on this blog? 8:55 AM sounds like something he would say!
DeleteI can't answer to your comment about V Admendment unless you share what it pertains to?
DeletePlease explain how the Mineral Rights was and is unconstitutional?
DeleteYou know what is unconstitutional was how Oklahoma was Indian Territory before Oklahoma became even a State.
DeleteDon't know. Please expound upon the topic.
DeleteHello my fellow Osage Shareholders! I hope everyone is having a very Merry Christmas! Does anyone know how are production numbers are currently holding? How bad is March payment going to be?!? It scares me a little to think about it! Happy Holidays everyone!
ReplyDeleteMerry Christmas and Happy New Year to you and all of you out there as well! Had the best Christmas yet and we're knucking down and getting ready for the challenges the New Year is sure to bring to all of us. Stay sharp folks and keep an eye on the Osage situation, we're undoubtedly going to need it this year. God Bless!
DeleteOk just read Ray McClains update at Osages-you-need-to-know.com. In short our checks will be impacted come this March. Oil prices have nearly dropped by 50%. I whole heartedly agree with her assessment and the impact for some who depend on this as supplemental income will feel the impact the most. Please try to save if you can. This is going to be rough. I see all kinds of suits in the future again. The BIA can no longer ignore the circumstance or lack of administrative and so forth...nor can the 3rd M.C. These findings can't get any better or worse for that matter. Numbers are telling and they do not lie and reflects seriously on what is the next step going to be for the M.E. we are still losing hands over fist dollars that should be accounted but being bypassed, the Natural Gas...who is going to account what I see and know to be the truth the unaccounted revenue going to thin air? We can't assume the New CFR'S will take care of this matter of importance. So what will be the strategy? So the incompetence abounds and exist to this day....and who will pay, the Federal Government again....until these matters are resolved...you have to ask, why are we here in this predictment especially after the HPP suit....Really? I concur with her assessment and find the BIA liable and hold the 3rd M.C responsible and prior councils as well. The lack of inaction says alot in itself and speaks of inconsistencies coupled with redundancies for sure and you have to ask yourselves some real questions. If this information and I beleive give or take a percentage and thats small apples compared to error, why hasn't there been nessasary steps prior to this not taken? With technology we now have the scope to understand the logistics we are speaking about here, right? One has to ask how these concessions were made without the knowledge we have today K-know? My point is, real leaders display a consistent bias for action...all say yes? These reports are damming, now you understand why the truth is not published...to say the least. Lack of communication no longer can happen...the OSA I don't speak highly of them..they have dropped the ball but only by example so has the BIA and the M.C. The lover of secrecy is someone you cannot trust. Anyone comes to mind? I can think of a few. When it comes to the EA, "Enviornment Assessment" rules most of these producers were following the letter to the Contract stated by the CFR'S when signed as per lease aggreement. And this Donelson case should be thrown out like a can of worms....Had these problems been addressed and not fallen on death ears these matters could have been resolved at a cost that could have saved untold millions..now thats a fact...I am mad and so you should be to...so here are some solutions that I have mentioned in the past, the Shareholder's formulate and vote on a oversght board thatonly looks out for the interest of the M.E. My opinion everybody knows everybody back home and how on earth did they come up with some of the concessions without the data we have today and especially the bypassing of the Natural Gas or for all we know we are being taken to the cleaners and that is a understatement. I have 8000 reasons why this could be happening or for that matter 8000 dollars per headright is going unaccounted for? So, getting back to a new board on the horizon could be temporary but I do not know but I know for sure there is a lot of inaction and things we can be doing to ensure the stability of the M.E MY Eyes are wide open and long live the 1906 Act and the Osage Tribe...
ReplyDeleteCultural classes are now available to sign up this week! https://www.facebook.com/OsageNews/photos/a.153834188010750.33094.134873493240153/829856270408535/?type=1
ReplyDeleteDon't forget about the Osage language Spring classes as well:
Deletehttp://www.osagenation-nsn.gov/who-we-are-language-department/class-information
And now from Susan Forman aka "The Compact Kid"
ReplyDeletehttp://journalrecord.com/2015/01/02/osage-missing-out-on-18m-in-royalties-each-year-consultant-says-energy/
You can include Osage Headright owners in this number too:
Deletehttp://www.marketwatch.com/story/biggest-potential-losers-of-the-2014-oil-plunge-2014-12-31?siteid=nwhpm
Oil dropped below the benchmark of 50 dollars a barrel. Well, bad as it may seem , what goes down must come up. Those sanctions against Russia has had its ill effects on our oil industry or someones playing with the numbers and OPEC comes to mind....but lets get our house in order and now is the time. Or its not forever hold your piece, we will restructure if need be. And it just might be we need to take that extra step and demonstrate what the shareholders expect...whats the plan sam?
ReplyDeleteSo, on my few predictions, most have come true, this maybe the the one remaining bad one left. But, to be to completion, it must reach the low price of $44.40 a barrel, then every forty/four days a modest increase of 1/4 of a dollar forever. H
ReplyDeletehttp://osagenews.org/en/article/2015/01/09/nation-creating-process-determine-heirship-cobell-settlements/....
ReplyDeleteWow, still cannot believe there are those still waiting for their settlement. What question I have is why my realative was on the MIA list when in fact she had been deceased for over three decades easily and why there was money still sitting in her IMM account after everything said an done? And essentially why this money just sat there and not in an interst bearing account? Though I did Identify her with the proper documents required by GCG which were the last and final decrees of hers and my fathers I still was dumbfounded by the incompetence of the DOI...and then I have to think about and remember it took two years to distribute my fathers estate and should have been distributed immediately because his will was in order...so one thinks there was a failure at the Agency as well. This Dept. Probate is so important . But back to the topic, it took 9 weeks and a couple of follow up calls every two weeks to be sure they had received all documentations of course they gave me a claim number at GCG.....
http://www.indianz.com/News/2015/016089.asp......We cannot have the M.E opperate by the BIA under one crisis to the next the same goes for the M.C.....we need and want a management that works for the Shareholder's and not under a cloak of secrecy...The risks does not out weigh the needs that is required and expected...rid the redundancies or risk losing your seat council memebers...We want and need a market....We need cost control..for containment...management for our finance...I can tell you why this blog is not lighting up is because the truth of the matter has been swept by a cloak of secrecy or there of...not no more
ReplyDeleteSpecial Session of Congress to start on January 14th --->>> http://www.osagenation-nsn.gov/news-events/news/4th-osage-nation-congress-called-6th-special-session
ReplyDeleteFolks may need to pay attention to ONCR 15-06. Shannon Edwards fired in there today with an amendment authorizing the Chief to negotiate with the BIA and sign agreements on behalf of the Osage Nation under CFR 25 whatever where Cobell and the land buyback program is concerned on property currently held in trust. This may be nothing to be concerned about but it wouldn't hurt to keep an eye or two open on this one. Another thing is the Chief mentioning in his address these lazy Xssed members of the Osage Congess who constantly complain about being called into Special Session to do the Osage people's work. I want to know who they are by name that get paid $65,000 plus benefits a year and have the audacity to complain about having to come in to work for the Osage people and conduct our legislative business!!!!!!!!! Shut it you lousy licks and when you're called in to work for any reason whatsoever to act as the Representative in Congress for the Osage people you do it willingly and without a hint of complaint. Your elected position with the Osage Nation is an honored privilege so act like it and GET TO WORK!!!!!!!!!
DeletePlus act like they're put upon to do one little bit.
DeleteAre you talking about the Congressional Creep?
DeleteWho is that?
DeleteQuote direct from the Osage News: "After mandating that division budgets not exceed 94 percent of their projected spending of tribal money, the Congress approved a total of just over $43 million in tribal money to be spent starting Oct. 1. Tribal revenue comprises $40 million from gaming revenue and the remaining income is from bank interest and Osage Tax Commission revenue."
Deletehttp://osagenews.org/en/article/2014/10/14/fourth-congress-passes-fy-2015-budgets/
These jokers are $3 million illegally over budget and they are appropriating more? Where is that lazy lick AG with his investigation of such a flagrant open violation of Osage Nation law? We shouldn't have to file a complaint for him to swing into action. Who cares about his appointment as a Tribal Special Assistant U.S. Attorney if he isn't upholding the constitution and the laws of the Osage Nation and filing actions against flagrant violators? Fire him and find someone who will prosecute all those who break the law.
I think maybe it's Buffalohead. I heard recently she's been MIA a lot.
DeleteWow thanks. Tried to post earlier there was a problem...so lets see because money is coming in from one area makes it legal to go over budget...Congress you need to revisit this and what exactly is in reserve funding? Stop the spending....time yo go to Congress for support on a Per-Cap, The U.S..or....put a vote to the Constituency.
DeleteAMEN!!!!!!!!!!!
DeleteIs the only member of Congress we have who seems to understand dollars and cents starting to lose it? When the article was mentioned that establishes the amount of actual spending that took place in the last regular session in the Fall of last year for the purpose of determining whether or not appropriated spending this year is now over and above the projected revenue anticipated and hence illegal, the comment was made by this member of Congress that the article was old and furthermore no one else has asked about it so therefore it must be unimportant. I don't know about you, but this member may need to make way and resign for someone else who can still wrap their mind around spending limits and the new penalties in the law that will be incurred if the Congress keeps up spending money we don't have available to spend. They are also continuing to grossly over-pad budgets in the millions of dollars so that you will never see any of that money come your way. What they don't seem to understand is the more benefits in Tribal funding they make available to all of those outside of Osage County, the more they can legitimately claim the full 18,000 members that are used for the purpose of justifying Federal funding honestly and legitimately. Again and again and again, there is safety in numbers.
DeleteThose numbers just might be coming together....sooner than later.
DeleteMineral Meetings this month --->>> http://www.osagenation-nsn.gov/news-events/news/3rd-osage-minerals-council-meeting-schedule-january
ReplyDeleteHe shuts down the oil development in Osage County but still, this doesn't damage his reputation one bit. http://www.tulsaworld.com/business/businesspeople/financial-gentner-drummond-warburton-capital-management/article_b9d75e25-49a4-5dc4-a4c8-85ff03b34787.html
ReplyDeleteI wonder what grand announcement Warburton will be making about Gentner’s financial wisdom when the Donelson law suit is thrown out of court. You don’t suppose Gentner wrote this, do you?
DeleteWho cares the man gets kudos for serving in the forces that's for sure....but just because you are book smart does not mean you know everything there is to know....that being said we better not be doing business with the Bank he is now associated with...or take our money elsewhere...Great Conflict of interest.
DeleteRisk taker to the point of being reckless if you ask me. Pull any money we have with any bank he's associated with.
Deletehttp://www.foxbusiness.com/markets/2015/01/12/saudi-prince-100-barrel-oil-never-again/?intcmp=ob_homepage_business&intcmp=obnetwork....
ReplyDeleteThis is a good article to give you more of a perspective of whats happening in the real world market and will give you insight to how long we are in for a rocky road....something I had said was in earlier poat Saudi Arabia and Opec have no intentions of stopping the flood of oil and will sit this out because they can. Even if they only make 50% of profit on 100% distribution on their part may only hurt them monetarily but as I said they can afford to sit this out because of the glutton of oil they have. We may never see an artificial inflated price at 100 for a long long time.
http://www.foxnews.com/politics/2015/01/13/dems-change-tune-after-mocking-gop-for-drill-baby-drill/...
ReplyDeleteAnother good read...My question is why the Privare Market capable of making 61% profit in 2009 yet the Federal lands profit fell by 6%? See the inequity and the numbers can be even higher....keeping that in mind, trending is paramount to the success of the M.E for Marketing, vesting and so forth...all in the name of Developement.....Lets here the truth about what is going on with the OSAGE MINERAL ESTATE.....The Shareholder's should know. How are the MOM AND POPS out there surviving what I coin as a silent but very revlent cold oil war is going on? A concensus needs to happen...
Outstanding question about the Mom and Pops because in the end, they are going to be the ones bringing the oil out of the gound for all of us.
DeleteAt 46 dollars a barrel there will be some profit but I am looking beyond and not just today and we need huge forward thinking with hoof to mouth vise/versa in tandum...I'm talking about we should have diversified as soon as the HHP and even before this case was settled...It does not take a rocket science to understand the obvious, just not what I am posting but others as well....for example, This industry has not failed us as much as we failed ourselves by stupidity. We cannot hold our M.C to a higher standard if there is no communication and there is no excuse...Why do we have OSA a board of what? Not one of them can orchestrate Leadership....We are still losing hands over fist capital...whose going to replace the lost assets after said and done when the BIA gets its administrative in order....The Donelson case? Where is the HULA LAKE FUND....it does not take years to resolve? The Excuses are wearing and its not looking great for the M.C
DeleteThe proceeds from the Hula Lake fund (and other lakes) was on your Dec, 2014 pymt check.
DeleteWell, I'll just thank myself on the under the lakes oil lost, for I did bring it up sometime ago and The Chief SB did think that had to be looked into . Sso I still believe ,like every thing else, we're coming up short again, where's the figures? H
DeleteThank you Homer....these funds go back to the 80's mid I beleive so,I was told from Reality...and where is the accounting and who all was entitled? Do we have to go to Court? This is apart of the open records act and I'm going to be frank here I did not see the increase on my Check and I know after where is 30 years of funding and how much and so forth is required by the SHAREHOLDER'S. How do you get this information out to the SHAREHOLDER'S you send out letters.....of accountability as to why the big delay 30 years of holding onto money that was just collecting.......with the accounting we as Shareholder's are wo wondering what else has been covered up? You M.C working for you....Unbelievable. ..not in the 21st century....M.C get your IT up and running so the SHAREHOLDER'S can have a private code to access the site and get the lines of communication going stat.....btw..Get those notices out to the SHAREHOLDER'S on the HULA lake funds to those who supposedly got an increase in their checks...and how was this devided? I think it is time to put some legislation out there that will require the M.C to perform. Give us numbers and explain why this fund didn't get distributed. This is most disturbing and disconcerting that this information just got swept u der the carpet left to go undiscovered is a cover up....this is what happens when the truth is not disclosed.
DeleteSomewhere in the Chain of Command, or maybe it was one of Guard Duty orders, anyway it went something like this , Keeping always on the Alert and Absorbing everything that takes place within sight and hearing and I'll add,Specifically any Agents Provocateurs-Webster-Search. H
DeleteGood speculation about future. http://www.osages-you-need-to-know.com Hey Ray! How are you doing? Thanks again for keeping up on these issues for all of us.
ReplyDeleteI was wondering when someone was going to read his update...Thank you Ray and Susan Foreman...as I said before there is a problem with the way we do business and I've always said it was in the Contracts and so forth....Numbers do not lie and in with the new way of thinking...the M.E needs leaders not bottom feeders...
DeleteOil dropping further....Bank of America Merrill Lynch lowered its price forecasts Thursday. The bank now sees Brent crude falling as low as $31 a barrel, and U.S. oil prices tumbling to $32, by the end of the first quarter as global petroleum inventories continue to fill up.
ReplyDeleteGasoline futures for February delivery settled down 5.13 cents, or 3.8%, at $1.2994 a gallon. February diesel lost 3.19 cents, or 1.9%, to $1.6233 a gallon, the lowest settlement since July 2009.
This is looking very oblique to say none the less, where was the strategy to diversify the M.E? Past, present and future...I don't know why croynism comes to mind....am I to far off base here?
DeleteAnyone care to speculate how bad March Payment will be?
ReplyDeleteDown by 68%
DeleteSomething for that Osage Energy Services LLC to do besides spend our money?
ReplyDeletehttp://journalrecord.com/2015/01/16/roth-eyes-on-the-contango-play-of-2015-opinion/
We know from the Osage 1 debacle that the Osages can't bring oil out of the ground but can they store it and sell it at a much higher price at a later time when the price of oil comes back?
Why would the Osage need to store it? It would be up to the buyer to sell or store and most buyers know the game of Energy. A... that is the least of the Osage concern...B...Since before and after the HPP settlement what has the M.C done to assure the Shareholder's that we would not be doing the same thing over again and Shoring up the redundancies that got us here in the first? And the list can go on and so, I say a lot for now goes with out saying at this point...priorities....Understanding how we got here in the first you would think puting a match stick to the fire would happen, meaning motivation of course in inspire the growth of the ME. We don't need another board like we need another LAWYER to throw their Politics...but the SHAREHOLDER'S NEED TO COME TOGETHER and decide the fate of the future of our ESTATE that is held in trust...Governing by ouRbody the M.C. we cannot do business as usual,would be construed as hostile...at this point...and the course needs to change with a new tide....
DeleteAnd what is the reason that we Osages can't bring our own oil out of the ground? Please give us a little history of Osage 1.
DeleteTo follow the progress of the oil crash and articles on the history of what's been happening and why: http://oil-price.net/
ReplyDeleteThis thread is now closed. Go to: http://osageblog.blogspot.com/2015/01/osage-shareholder-matters-january-2015.html
ReplyDelete