delete PART 91—GOVERNMENT OF INDIAN VILLAGES, OSAGE RESERVATION, OKLAHOMA
This federal regulation governs the use and transfer of land and improvements in three Osage Indian villages in Oklahoma (Grayhorse, Hominy, Pawhuska). It establishes a permitting system for dwelling construction, restricts transfers and mortgages of improvements with federal approval requirements, limits business activities, creates village committees with federal oversight, and controls inheritance and rental of properties. The Secretary of the Interior and Superintendent retain ultimate authority over virtually all land use decisions.
This regulation violates core principles of property rights, federalism, and tribal sovereignty by subjecting Osage tribal members to paternalistic federal control over their own reservation lands. It restricts economic liberty by prohibiting free transfer, requiring federal approvals for basic property transactions, limiting rentals, and banning permanent businesses. The complex compliance apparatus creates hidden costs that suppress economic development, reduce property values, and treat adults as wards of the state. Tribal self-governance or state/local application should replace this 1906-era bureaucratic scheme. The federal government's trust responsibility does not justify micromanaging village land use—this is a proper matter for the Osage Tribe to determine for itself without federal intermediation.