Chief John Red EagleWASHINGTON – The nation’s highest court announced June 27 it will not rule on whether an Oklahoma county is still a reservation.



The Osage Nation, headquartered in Pawhuska, Okla., had appealed a 10th Circuit Court decision that Congress disestablished Osage County as a reservation more than a century ago and that tribal citizens who live and work within the county boundaries are exempt from state income taxes as per federal law. The suit was originally filed in 2001 against the Oklahoma Tax Commission.

“I am disappointed with the Supreme Court’s decision to allow a clearly wrong decision to stand, but this does not end the Osage Nation’s efforts to protect our homelands,” Osage Nation Principal Chief John Red Eagle said.  We will continue to exercise our inherent rights as a sovereign nation.”

The Circuit Court’s decision placed the status of three of the tribe’s casinos in jeopardy. The Million Dollar Elm casinos in Tulsa, Skiatook and Ponca City are on land that is not held in trust by the federal government, which is a requirement in states where gambling is illegal.  The tribe submitted an application to the Department of the Interior earlier this year to place the casinos’ land in trust, but a decision has not been made yet.

“No tribal programs, services or business enterprises are affected by today’s ruling,” Red Eagle said. “The Osage Nation will continue to operate programs and services that benefit not only Osage tribal members, but also our local communities and the state of Oklahoma.”

Earlier this year, the Supreme Court requested an opinion from the office of acting Solicitor General Neal Katyal. In the brief filed with the court earlier this month, Katyal’s office recommended that the court deny certiorari, but commented that it was unclear whether Congress disestablished Osage County as a