Judge dismisses Nation’s lawsuit against Interior Department

Written By: Allison Herrera

(OSAGE RESERVATION) In March of 2024, the Osage Nation sued the Department of the Interior after years of back-and-forth negotiations over functions performed by the Bureau of Indian Affairs. The Nation wanted to assume control over minerals, mining, probate and real estate services.

Read this story on Osage News here.

On Sept. 17, U.S. District Court for the District of Columbia Judge Paul L. Friedman granted the BIA’s request and dismissed the case.

According to Judge Friedman’s decision, the Nation did make what’s known as a “final offer” to the DOI to assume the BIA program responsibilities before taking them to court. However, the court can only review a case when a final offer is rejected.

The DOI contends the Nation never made a final offer; thus, there was no rejection. Judge Friedman said the Nation and the DOI were never “unable to agree, in whole or in part, on the terms of a compact or funding agreement.”

Principal Chief Geoffrey Standing Bear wrote in a text message to Osage News that, “There was never a definition presented on what was a federal function, which was one of the matters we have been requesting.”

There was also a second issue. Absent a sovereign immunity waiver from the Nation, which a rejection of a final offer from the DOI would have provided, the Nation cannot sue the DOI, according to the ruling.

The Nation sent a letter to the DOI in October of 2023 titled, “Osage Nation Final Offer Amendment to 2020-2025 Funding Agreement.” The letter proposed taking over all program services functions and activities of the Osage Agency, including, but not limited to, ‘Realty, Minerals/Mining, Probate, Trust Services, and Executive Direction PSFAs,’” according to the opinion issued on Sept. 17.

The DOI said the letter was simply a request for additional information about the programs, which could serve as a “starting point for potential negotiations in the future.”

Three days after the October letter, the BIA responded that it was “procedurally premature” because the Nation and the BIA had not negotiated the program services functions, and activities that were included. The BIA asked that the Nation withdraw the final offer letter and engage in negotiations.

The judge cited the Progress Act of 2020, which was an amendment to the landmark 1975 Indian Self-Determination and Education Assistance Act. The PROGRESS Act, which stands for Practical Reforms and Other Goals to Reinforce the Effectiveness of Self-Governance and Self-Determination for Indian Tribes, is supposed to make it easier for tribal nations to assume responsibility for programs like health care and education.

It’s unclear if Standing Bear will choose to appeal. He told Osage News that he is not inclined to do so because an appeal would slow down the process of the Nation trying to find out what is required to make a final offer. “It’s frustrating, but in the Indian business, it’s not unusual.”