1
OSAGE NATION CONGRESS
2
3
9th Special Session of the 5,h Congress
4
5
RESOLUTION NUMBER ONCR 17-32
6
7
ENROLLED
B
9
August 25, 2017
10
11 SPONSOR: Alice Buffalohead
12
13 CO-SPONSOR(S): Archie L. Mason
14
15
A Resolution
16 To support and authorize the execution of an intergovernmental agreement between the Osage Nation and the State
17 of Oklahoma for the Oklahoma Corporation Commission to repair a dangerous natural gas seep at Pawhuska High
18
School; and to authorize a limited waiver of sovereign immunity.
19
20
Be it resolved by the Congress o f the Osage Nation;
21
22 WHEREAS,
23
24
1. The Osage Nation is a federally-recognized Indian Nation with a historic and
25
continuing government-to-government relationship with the United States of
26
America and the State of Oklahoma;
27
28
2. The State of Oklahoma through its Corporation Commission proposes to repair
29
the current natural gas seep on Pawhuska High School grounds with the consent
30
of the Osage Nation;
31
32
3. The Osage Nation and the State of Oklahoma have mutually agreed to the terms
33
of an Agreement to allow the Oklahoma Corporation Commission to repair the
34
natural gas seep;
35
36
4. Article XIX of the Constitution of the Osage Nation states that the Osage Nation
37
and all administrative offices, departments, agencies, and instrumentalities of the
38
Osage Nation shall be immune from suit or process in any forum except to the
39
extent that the Osage Nation Congress expressly waives its sovereign, immunity;
40
and '
41
42
5. The execution of the Agreement for repair of the natural gas seep with the State of
43
Oklahoma is necessary to protect the health and safety of the community.
44
45
46
47
1
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00172265-00001
48 NOW, THEREFORE, BE IT RESOLVED,
49
50
Pursuant to Article XIX of the Constitution of the Osage Nation, the Osage Nation
51 Congress hereby authorizes the execution of the Agreement with the State of Oklahoma for the
52 Oklahoma Corporation Commission to repair or coordinate the repair of the natural gas seep
53 from the geothermal wells located at the Pawhuska High School, as attached as Exhibit A, and
54 further authorizes the limited waiver of sovereign immunity contained therein.
55
56
57
58
59
60
61
62
63
64
65
66
ADOPTED by the Osage Nation Congress on this 25th day of August, 2017.
67
68
69
IN WITNESS WHEREOF, the Speaker of the Osage Nation Congress has
70 hereto attached her signature.
71
72
73
74
75
76
77
78
I, THE UNDERSIGNED, CERTIFY THAT THE FOREGOING IS A TRUE EXTRACT
79 FROM THE MINUTES OF THE Osage Nation Congress comprised of twelve members and one
80 ex-officio member with 9 members attending this meeting on the 25 day of August, 2017, and
81 that th above is in conformity with the provisions therein adopted by a vote of 7 in favor, 2
82 against, and 3 absent.
83
84
Alice Buffalohead
yes
85
Shannon Edwards
absent
86
Otto Hamilton
yes
87
John Maker
yes
88
Archie Mason
yes
89
James Norris
no
90
Angela M. Pratt
yes
91
Ron Shaw
yes
92
William Supernaw
yes
93
Joe Tillman
absent
Sierra Club v. EPA 18cv3472 NDCA
2 Tiers 8&9
ED 002061 00172265-00002
EXHIBIT A
Agreement between the Osage Nation and the. State of Oklahoma
%!)
!
This agreement is entered by the Osage Nation and the State of Oklahoma on this 22nd day of August, 2017 because a state o f emergency exists with respect to seeping natural gas which has migrated into, under or around the Pawhuska High School, located io Osage County, Pawhuska, Oklahoma. The, Osage Nation desires to obtain the cooperation of the Oklahoma Corporation Commission, an agency of the State of Oklahoma (the "Corporation Commission" or "Commission") in responding to the seeping natural gas, and further desires monetary assistance in connection therewith.
The parties agree as follows:
1. The Commission is statutorily authorized to respond to seeping natural gas pursuant to 52 O.S. Section 317.1, and may make expenditures from the Corporation Commission Gas Seep Fund.
2. In order to undertake a response to the seeping natural gas, the Osage Nation recognizes .and consents to the jurisdiction, of the State o f Oklahoma and the Corporation Commission to respond to seeping natural gas in and around the Pawhuska High School geothermal wells. The Osage Nation further recognizes and consents to the jurisdiction o f the State and the Commission to enter into a coordinated response effort with private industry, state, county municipal and local government entities related to the seeping natural, gas, The Osage Nation, in order to acquire the cooperation of the Commission and to obtain monetary support from the Commission Gas Seep Fund, hereby requests that Commission make expenditures from the fund and take action to respond to the seeping natural gas,
3. The Osage Nation acknowledges and agrees that the State o f Oklahoma and the Commission's responsibility shall be limited to the payment of funds from the Corporation Commission Gas Seep Fund in an amount not to exceed Fifty Thousand Dollars ($50,000,00). The Commission shall not be obligated to continue performance if, to do so, would exceed the agreed upon maximum amount.
4. In exchange for the Commission's assistance, the Osage Nation hereby releases and forever discharges the State of Oklahoma, the Corporation Commission and their officers, employees and agents (the "Released Parties") from all claims, suits, charges, demands, loss, liability, damages, costs or expenses, including any attorneys fees and costs, present and future, known or unknown, in any manner arising out of or resulting from the response to the natural gas seep occurring on or near the Pawhuska High School in Pawhuska, Oklahoma. This release and discharge includes, but is not limited to any claims' the Osage Mineral Council or other entity on behalf o f the Osage Mineral Estate may have against the State and the Commission and their officers, agents and employees.
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00172265-00003
}
5, The Osage Nation agrees that the laws o f the State of Oklahoma shall govern this
agreement.
6. Notices pertaining to this agreement shall be in writing and shall be addressed to the following;
For the State: Governor, Mary Faliin, 2300 North Lincoln Boulevard, Suite 212 Oklahoma City, OK 73105.
For the Commission: Tim Rhodes, Director o f Administration, Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, OK 73152-2000.
For the Osage Nation: Principal Chief Standing Bear, 627 Grandview Avenue, Pawhuska, OK 74056
Executed and Delivered this 22nd day of August, 2017.
.
The State o f Oklahoma
The Osage Nation
By:____________________ Mary Faliin, Governor
The Oklahoma Corporation Commission
Geoffre/^ Standing PrincipakChief of/ Osage Nation
By: Tim Rhodes, Director o f Administration
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00172265-00004
Tim Rhodes
From: Sent: To: Subject:
Tyler Powell [Tyler.Powell@ee.ok.gov] Friday, August 25, 2017 5:03 PM Tim Rhodes Fwd: Osage Agreement
Tyler Powell Deputy Secretary o f Environment State o f Oklahoma
Sent from m y iPhone
Begin forwarded message:
From: Chris Benge <Chris.Benge@gov.ok.gov> Date: August 2 5 ,2 0 1 7 at 4:52:03 PM CDT To: Michael Teague <Michaei.Teague@ee.ok.gov> Cc: Tyler Powell <Tvler.Powell@ee.ok.gov> Subject: Osage Agreement
Secretary Teague,
On behalf o f the Governor, I approve the agreement as amended today between the Osage Nation and the State o f Oklahoma pertaining to the cleanup and mitigation efforts o f gas seepage under Pawhuska Schools.
Chris Benge
Sent from my iPhone
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00172265-00005
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00172265-00006