Osage Shareholders Ad Hoc CommitteeC/O Mary Jo Trumbly129 E. MainPawhuska, OK74A56

March 6,2006

Osage Government Reform Commission1449 W . MainPawhuska, OK 74056

By Hand

Dear Commissioners:

The Osage Government Reform Commission has been in existence since

February 2005. None of the Osage people received a copy of the newly proposed

Osage Nation Constitution ("proposed Constitution") until Februaty 2006. The

original voting date for this document was May 2006 but this date was

rescheduled for March 11, 2006 with advance polls on March 8 - 10, 2006,without the advice and consent of the Osage people and without reasonable ordemonstrable cause.

This truncated timeframe does not allow enough time for the Osage people toexamine and discuss this document of crucial importance. In fact, there have been

no meetings scheduled or held subsequent to the Osage people receiving theproposed Constitution you intend to put to a vote, there were only meetings heldprior to the proposed Constitution being made available, as you note:

"Town Meetings January 11 * 20, 2006

Proposed Constitution Mailed to Osage People January 23,2006"

Absentee Ballots Mailed Out February 1, 2006

Deadline for Request for Absentee Ballots February 19, 2006

Early Voting March B-10, 2006

Constitutional Referendum for Ratification of Proposed ConstitutionMarch 11, 2006"

http:i/www. osagetribe. com/reform-electiontimeline. htm I

While Osage Government Reform Commission meetings prior to the delivery ofthe proposed Constitution were open to all Osages, we were allowed only fiveminutes for comments. Very few suggestions from the meetings are incorporatedin the proposed Constitution.

It is imperative that the Osage people be permitted, facilitated, and supported to

meet together to discuss the proposed Constitution, not merely earlier drafts

thereof. The Osage people should have formal access to the lawyers and advisors

involved in the drafting of the proposed Constitution in meetings held at

convenient times and locations to have their questions and concerns answered.

With respect, adopting a constitution is not a trivial or simple task and it is not to

be engaged in lightly or hurriedly. It requires reasoned and careful thought and

consideration of potential impacts with access to the expertise necessary to enable

the Osage people to decide, fully informed. Otherwise, the results of a vote can be

challenged.

Please consider this letter a formal demand for the Osage Government Reform

Commission to schedule information meetings as aforesaid and to change the date

for voting on the proposed Constitution to such time as adequately permits the

Osage people the opportunity to read, examine, discuss, and correct the document.

Otherwise, there will be a complete absence of fully informed and free consent no

matter the results of the vote, should it proceed. It would be a waste of Osage

resources to proceed prematurely and without due process.

Given the nature of the exercise, lay people need the assistance of those trained

and skilled in the field of constitutional reform. Though we are advised that there

is insufficient time to permit a proper and full issue review of the proposed

Constitution, we have nonetheless been advised from many sources' including by

legal professionals, especially an internationally and nationally recognized

constitutional expert who generously acted pro bono, that in its current form, the

proposed Constitution does not even approach the standard of a completed final

iegal document. The proposed Constitution requires significant legal drafting

corrections we are advised, before it should even be considered ready to be put to

a vote of the Osage people.

For example, there are five terms used interchangeably and without reason to

refer to ostensibly the same legal entity. There are many examples ofinconsistency of language we are advised. This results in lack of clarity of intent

and suggests a document that would be fraught with uncertainty, leaving it open

to otherwise unnecessary and expensive litigation. There is also language

contained in the proposed Constitution that only legal professionals would

understand, which must be expressed in a manner accessible and understandable

to all Osage people.

Most significantly we are advised, "Article XXIII *Ratification of Constitution"

of the proposed Constitution is completely lacking. As drafted, it nonsensically

requires those who are not yet and cannot be "qualified voters of the Osage

Nation" because the Constitution does not yet exist, to be the voters for the

constitution! Thus not only has there been insufficient due process leading to avote, it becomes impossible to comply with due process should a vote proceed.

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We are further advised that most seriously, the proposed Constitution does notprotect the Osage people's rights. There is no right of membership. The power to

decide who will become a member of the Osage Nation rests entirely upon the

proposed Osage Nation Congress as an absolute power. This may not be the intent

but this is the result of how the proposed Constitution is drafted.

The proposed Constitution not only weakens but also potentially severs, the

protection of the Mineral Estate Shareholders, we are advised, which is not what

Congress envisioned, nor do we believe the intention of the Osage people, and we

so advise Secretary of the Interior Gale A. Norton.

Furthermore, there is no current Master Voters List available for purposes of the

vote on the proposed Constitution. There is only a list available "used to determine

voter eligibility for the November 19, 2005 Referendum in Osage Government Reform."

Osage have been unable to confirm whether they are considered eligible voters

and the time for additions has passed. In respect of the November 19, 2005

referendum on Osage Govemment Reform, the requirement was as follows:

"ln order to vote, you must bring a form of identification that matchesyour name as it appears on the Master List."

Should this apply for the vote on the proposed constitution, which is unknown

though may be reasonable to assume (there should be no need to rely on

assumptions in a constitutional process we are told), Osage cannot compare theiridentification to the Master List for purposes of the vote on the proposed

Constitution.

"Osage Government Reform CommissionMinutes of August 29,2405

a. Vot"t Eligibility - We are currently waiting on the remaining 4,000names from CDIB. The Referendum Notice was placed in the paper.

Some discussion was made about the notice and Charles Red Corn feltthat there needed to be contact information located on the Notice ofReferendum as well as the voter list. Hepsi then discussed what to doabout Osages who are not listed on the Voter List and want to vote. ltwas agreed that the Government Reform staff are not authorized toformally review documentation and declare someone Osage; therefore ifsomeone's name does not appear on the list they will then be directed toeither the CDIB or Membership office."

http:/Aruww. osagetribe. com/reformmeeting-august29. html

The Osage people are entitled to be assured that there has been sufficient time forall of these processes to have been completed, especially for those 4,000 Osage

mentioned, including the involvement of the other offices so mentioned, and that

there is in fact, in existence and publicly available including on the Intemet" a

Master Voters List for purposes of the vote on the constitution to which Osage

people can consult and ertsure they are able to actually vote.

The Master List of Voters for the proposed Constitution is nol posted on your

website and ought to have been well in advance of the March 1,2006 deadline:

"March 11, 2006. NOTICE OF CONSTITUTIONAL REFERENDUM TheOsage Government Reform CommisSion is holding a vote on the reform

of the Osage Government on Saturday, March 1 1, 2006. Early voting

will be available on March 9 th and March 10 th , 2006. The pollingplace is the Wah-Zha-Zhi Cultural Center located at 1449 W' Main in

Pawhuska, OK. This Referendum is to determine whether or not theProposed Osage Nation Constitution will be ratified by the OsagePeople. All Osages who are 1B years or older by March 1 1, 2006 areeligible to vote in person or by absentee ballot. The Master List ofvofers is posfed on our websife and in Pawhuska at the osage Tribalcouncil Building, the Museum, and at the Government Reform office.Your name must appear on the Osage Master List of Voters by March 1,

2006 to vote, and you will need to provide proof of voter identificationwhen voting. The name on your proof of identification must match thename on the osage Master List to be considered valid. cDlB cards oran Osage Membership Card will be accepted as a valid lD. Please call

or visit our website to request an absentee ballot. lf you have anyquestions or need additional information, please contact: TheGovernment Reform Office Phone: (918) 287-5543 E-mail: [emphasisaddedl

osagegovernmentreform@osagetribe.org Website: www.osagetribe.com"

Finally, it is our submission that the Osage Govemment Reform Commission

ought to be facilitating only, and must remain a neutral facilitator throughout its

duiies and the constitutional process. There should be no appeaftnces, with

respect, of endorsing the proposed Constitution.

The individual Commissioners may well be free in their personal capacities to

express their personal opinions, in the same manner that all Osage people are free

to ^during

the constitutional process but there should be no formal endorsement by

the Osa[e Government Reform Commission, as has occurred. This interferes with

due process and proper, independent consideration and suggests unanimous

approval by all of the Commissioners, which may not be the case and which may

unduly influence Osage people before the vote.

The Commissioners should also not have been put in the position of having to

express their personal vote in advance of the actual constitutional vote. There can

arise inferenCes of undue influence and duress and our constitutional process

should be free of all possibility and appearances of compromise and allegation.

The Osage Government Reform Commission engaged in a vote of approval by

unknown means whereas, we respectfully submit, it ought to have simply

confirmed that they consider the drafting process engaged in to be complete and

the proposed Constitution as a final draft be submifted to the Osage people:

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"Vote by Commission to Approve Proposed Constitution January 10,

2006'

HYP ER Ll N K "http://www. osagetribe. com/reform_electiontimeli ne. htm l"

http://www.osaqetribe.com/reform electiontimeline. html

The Osage Government Reform Commission has not complied with its stated

purposes:

"Three (3) Objectives of the Commission

1. Complete an information and education process for the osage people

so that they may understand the issues involved in the Osagegovernment reform process and to solicit their views and

iecommendations for how the reformed government will be establishedand composed. .."

2. Draft a constitution that reflects the will of the osage people as

expressed in the information and education process and submit it to the

Osage peopte in a referendum election. ... [emphasis added]

http://www. osagetribe. com/goalsandobjectives. html

The Osage Govemment Reform Commission is able to remedy the situation

expressed and we do hereby request that you do so all as stated herein above, in

the interests of enabling the constitutional process to proceed effectively and on a

solid footing and above all, in the best interests of the Osage people.

Most respectfully,Mary Jo T*gbD

Uruper:

Osage Sharehold

cc. Secretary of the Interior Gale A. NortonRegional Director, Bureau of Indian Affairs, Jeannette Hanna

osage Agency Superintendent, Bureau of Indian Affairs, Melissa curryU. S. Representative, Honorable Frank Lucas

Osage Principal Chiel Jim GraY

Osage Assistant Principal Chiel Kenny BighorseOsase Tribal Council:

Mark FreemanJodie Satepauhoodle

Jerry ShawDudley Whitehorn

Paul StablerTerry Mason MooreHarry Roy Red EagleJohn Williams

#l/#ff""