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U.S. Solicitor General Advises Supreme Court Not to Hear Osage Reservation Case by Shannon Shaw and Benny Polacca in Response to the Brief

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U.S. Solicitor General Advises Supreme Court Not to Hear Osage Reservation Case by Shannon Shaw and Benny Polacca in Response to the Brief Volume 7, Issue 6 • June 2011 The Official Newspaper of the Osage Nation U.S. Solicitor General advises Supreme Court not to hear Osage reservation case By Shannon Shaw and Benny Polacca in response to the brief. “It says that ‘it is unclear general is the government’s representative at the Osage News whether Congress went so far as to disestablish Supreme Court, advising the attorney general on the Osage Reservation.’ The Acting Solicitor Gen- legal matters and deciding whether the govern- The acting U.S. Solicitor General filed an amic- eral, however, stated that the tribal members ment will appeal adverse lower court rulings. us curiae brief May 27 to the U.S. Supreme Court living on fee lands are not entitled to tax immu- If the High Court denies the Nation certiorari advising the justices not to hear the Osage Na- nity, recommending that the [High Court] deny then the 11-year battle is over. tion’s reservation status case. certiorari. The Osage Nation will file its brief in “The Acting Solicitor General notably did not response on June 6.” Osage Gaming Enterprise reacts state that our reservation was disestablished,” “We expect that the [Supreme Court] will act on At the May 31 Gaming Enterprise Board meet- said Osage Nation Principal Chief John Red Eagle the petition by the end of June,” Red Eagle said. ing in Tulsa, the Nation’s gaming officials reacted The Supreme Court called for the to the Solicitor General’s brief filing. opinion of the Solicitor General in Feb- Osage Million Dollar Elm Casino CEO Neil ruary on the Nation’s case. The acting Cornelius described the brief as, “not in support of Solicitor General is Neal Katyal who us,” even though the Supreme Court hasn’t ruled is filling in for Elena Kagan, who now on hearing the Nation’s appeal. He referred to serves on the Supreme Court. Often See U.S. SOLICITOR GENERAL called “the 10th justice,” the solicitor —Continued on Page 6 Address Service Requested Service Address 1578 Permit No. No. Permit PAWHUSKA, OK 74056 OK PAWHUSKA, Tusa, OK Tusa, PAID P.O. BOX 779 BOX P.O. U.S. Postage U.S. PRST STANDARD PRST OSAGE NATION OSAGE Osage Youth help paint downtown Pawhuska mural with NVision Osage News The Osage Language Department hosted NVision May 14, a non-profit group made up of artists from all over Indian Country. NVision came out to help Osage youth paint a mu- ral on the side of the Osage language building in downtown Pawhuska. Photo by Christopher Peak/Osage News See PAWHUSKA MURAL The finished mural painted by Osage youth and Native artists with NVision. The mural is on the side of —Continued on Page 7 the Osage language building in downtown Pawhuska. 2 June 2011 Osage News • osagenews.org Osage LLC still contemplating Nation to study taking ‘American’ statue project over Wah-Sha-She State Osage LLC issues release Park operations they will be conducting By Benny Polacca feasibility study to Osage News determine if it will The Osage Nation is studying the possibility of operating Wah-Sha- She State Park near Copan after Oklahoma state tourism officials accept $2.5 million for The announced the park is slated to close in August due to budget cuts. American statue project On March 4, the state’s Tourism and Recreation Department an- nounced the closures of seven state parks, which would take effect Osage News Aug. 15. Wah-Sha-She State Park was among the facilities selected for closure. The Osage Limited Liability Com- Officials with the Nation, state and U.S. Army Corps of Engineers, pany is conducting a feasibility study which owns the property, will work together to assess the 1,100-acre to determine if it will ultimately ac- park, according to an ON news release. Once the feasibility assess- cept the $2.5 million appropriation ment is complete, it will be presented to Principal Chief John Red for The American bronze statue proj- Eagle for his consideration and possible submission to the ON Con- ect. gress for an appropriations request. In a statement posted to the LLC’s Chris White, executive director for governmental affairs for Chief Web site May 6, LLC CEO Carol Red Eagle’s office, said he visited with the Chief once he heard of the Leese said: “the company is current- park’s closure. ly in the process of going through “I thought it was unfortunate that a quality recreation area might its due diligence and conducting a be lost to the reservation,” White said. “I visited very briefly with feasibility study. Osage LLC board Chief Red Eagle, informing him that we would look into the matter of directors approval also must be obtained before the LLC moves for- and report our findings back to him. I felt the project may fit in with The American portions of the Nation’s long-range Strategic plan.” ward with acceptance of the appro- Located off State Highway 10, Wah-Sha-She State Park is on the priation.” southern shores of Lake Hulah in northeastern Osage County about When finished, The American will 26 miles northeast of Pawhuska. The lake’s name is derived from the be a 21-story bronze statue stand- Osage word for “eagle” and is pronounced Hu-thuh. ing 217 feet tall. That’s 66 feet taller The park and lake provide swimming, boating and fishing opportu- than New York’s Statue of Liberty, which stands 151 feet tall. Plans 109 E. 6th St. • Pawhuska, OK 74056 nities for those who make recreation visits to the area. Fish species (918) 287-5668 have also called for the statue to be including largemouth bass, white bass, crappie, channel catfish and www.osagenews.org bullhead catfish populate Lake Hulah, according to travelok.com. built on land northwest of Tulsa in Deby Snodgrass, executive director of the state’s Tourism and Rec- Osage County. The Second ON Congress ap- Editor reation Department, told the Tulsa World on March 4 “we are facing Shannon Shaw budget cuts of at least 5 percent – on top of a 13 percent cut last year.” proved a $2.5 million appropriation bill (ONCA 11-63) for the proposed She said the department would pursue partnerships with local enti- Reporter ties to keep the seven selected park facilities open. statue project on April 15 and Prin- Benny Polacca Snodgrass applauded the Nation’s efforts to study the possibility cipal Chief John Red Eagle signed Sunnie Clahchischiligi of operating Wah-Sha-She State Park. “State parks will always be ONCA 11-63 into law on April 21. essential for Oklahoma’s quality of life and our goal has been to main- The bill does not mandate the LLC Editorial Assistant tain public access to recreation opportunities. The Osage Nation has a to take the $2.5 million, but allows rich history with this park and we believe this will be a great alterna- the LLC 60 days to decide whether to Chalene Toehay tive to permanent closure,” she said in the news release. accept the appropriation. White said Nation officials including Attorney General Jeff Jones; This update comes a day after the Osage News Executive Branch legal counsel Terry Mason Moore; Properties Direc- May issue of the Osage News went to Editorial Board press which featured a story on the Teresa Lamsam statue appropriation in which the See WAH-SHA-SHE Denny McAuliffe —Continued on Page 6 See OSAGE LLC Robert Warrior —Continued on Page 6 Osage News • osagenews.org June 2011 3 Osages sweep top three spots during 2011 Indian Taco Championship tive dancers and singers performed Jeff Jones, Osage Congressman Ray- Debra Lookout places and artists sold their merchandise. mond Red Corn, and Minerals Coun- first for a second A smiling Lookout accepted her cil Chairman Dudley Whitehorn. first place prize of $1,500 when the Each Indian taco entry was placed consecutive year; results were announced. Pratt won before a judge in which they were al- Bonnie Pratt and Paula $1,000 and Mashunkashey $500 for lowed a few minutes to sample each their finishes. Lookout jokingly told entry and rate them on a scorecard the crowd, “My brother claims it’s his before the next entry was placed be- Mashunkahey win beans that helps win every year.” fore them. second and third “I really didn’t think I was going to win,” Lookout said after accepting Mary Jane Mashunkashey, one of the judge organizers, said the By Benny Polacca her prize. “I give credit to my family entries were judged on presenta- Osage News and most of all, to God.” Family members of Lookout, in- tion and overall taco. “If y’all want a Three Osages swept this year’s cluding her brother and two daugh- chair they’re right behind you,” she National Indian Taco Championship ters, helped run the food stand to said while the celeb judges stood and held May 21 in downtown Pawhus- sell Indian tacos for the hundreds sampled the entries in silence. No ka, with Debra Lookout winning the of spectators who turned out for the one sat down. top prize for the second consecutive event. Attendees who wanted to help Brave, a first-time judge said he year. judge paid a $5 fee and used their ap- enjoyed the judging experience, but Lookout’s Indian taco placed first, petites to evaluate each Indian taco. was not afraid to critique when need- while Bonnie Pratt took second and The eight entries were judged and ed. He recognized one of the entrant’s Paula Mashunkashey placed third.
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