§ 3-103. Duties and authority of the Environmental and Natural Resources Department related to the regulation and supervision of the Osage Nation’s natural resources.
A. By virtue of its inherent authority as a sovereign Indian Nation to oversee and manage the use of its natural resources, such vested authority of the Osage Nation being recognized and confirmed via the U.S. Congress through treaties with the Osage people, the Osage Allotment Act of 1906 and Public Law 108-431, and pursuant to the law-making authority afforded to the Congress of the Osage Nation in Article VI, Section 15 and Article XV, Section 1 of the Osage Nation Constitution, the Environmental and Natural Resources Department of the Osage Nation is hereby granted authority to draft, promulgate, and implement such regulations as the ENR Department may deem necessary to promote sustainable management practices and regulate the use and development of natural resources of the Osage Nation or to take other action affecting the waters of the Osage Nation for the benefit of the Osage people, while continuing to recognize the Osage Minerals Council’s administrative and rulemaking authority over the oil, gas, coal, and other minerals pursuant to Article XV, Section 4 of the Osage Nation Constitution. All rules and regulations promulgated by the ENR Department shall not be final until approved by resolution of the Osage Nation Congress.
B. In performing its duties and responsibilities hereunder, the ENR Department shall:
1. Oversee the Osage Nation’s natural resources policies, procedures, and regulatory administration;
2. Present to the Congress the ENR Department’s recommendations regarding sustainable management, usage and preservation of the Osage Nation’s natural resources;
3. Adopt instructions and orders as the ENR Department deems necessary to execute its regulatory authority, promote best management practices, and preserve the Osage Nation’s natural resources; and
4. Administer the Osage Nation’s natural resources department, rules, regulations, and enforcement authority to effectively discharge the ENR Department’s duties, responsibilities and operations.
C. The ENR Department is hereby bestowed with the authority to:
1. Draft and promulgate such rules, regulations and enforcement authority, subject to approval by resolution of the Osage Nation Congress, regarding the use, management, and preservation of the Osage Nation’s natural resources as the ENR Department deems necessary; and
2. Collaborate with the United States federal government, when necessary, on a government-to-government basis regarding the Osage Nation’s management and preservation of the Osage Nation’s natural resources. ONCA 17-35, eff. Apr. 6, 2017.