Osage Nation asks court to affirm that its reserve was never deleted | Crime-and-Courts
An indefinite stay was granted in the Young case pending action by the United States Supreme Court in another Oklahoma-based murder case, Bosse v. Oklahoma.
The United States Supreme Court found in the McGirt case that Congress had never removed the Muscogee Nation Reservation in Oklahoma, which meant that any crime involving a Native American on the Muscogee Reservation was the subject of federal or tribal lawsuits, not state lawsuits. Since that ruling last summer, an Oklahoma appeals court ruled that it applied to the Cherokee, Chickasaw, Choctaw and Seminole reservations because they, too, were never removed by the Congress.
In 2010, the 10th U.S. Court of Appeals upheld a lower court decision in Osage Nation v. Irby that this tribe’s reservation, at least at the surface level, had been canceled with the passage of the Osage Allotment Act of 1906. The tribe still holds mining rights for all of Osage County.
A matter of taxation, the tribe sought confirmation that all of Osage County was still a reserve and therefore its citizens who worked for the Osage Nation and lived within its boundaries were exempt from income tax. the state.
In the 10th Circuit ruling in the Irby case, judges noted that the Osages Allocation Act of 1906 did not include language explicitly de-establishing the tribal reserve and did not open up any surplus land to non- Osages.