Title Examination Standards
Chapter 1, App.
Chapter 10 Osage Land Titles
§10.2. Basic Information for Determining Status of Lands Allotted to Members of the Osage Nation

The purpose of this Standard is not to determine whether the current status of a particular allotment is or was restricted against alienation, but rather to provide tools and resources to assist the title examiner in making such determination.

The following information will be needed to determine whether such allotment is or was restricted against alienation, and if so, whether such restriction has been removed.

i) Date of Patent from the Tribe;

ii) Whether Patent was homestead or surplus;

iii) Blood quantum of allottee;

iv) Whether a Certificate of Competency has been issued by the Secretary of the Interior; and

v) Whether a conveyance from the allottee or the allotee's successor was properly approved by the Bureau of Indian Affairs or a court of competent jurisdiction pursuant to the law in effect at that time.

Once all necessary information has been gathered, the title examiner should consult sources such as: Rarick's Table of Alienability of Land Allotteed [sic] Among the Osage Indians, applicable Federal Acts (and any amendments thereto), the relevant Bureau of Indian Affairs Agency Office, Osage Nation Real Estate Services, and applicable County Clerk and Court Clerk records to determine restricted status.

Comment 1: The above standard does not apply to mineral interests within the territorial boundaries of the Osage Nation, which were reserved to the tribe under the terms of the Act of Congress of June 28, 1906, 34 Stat. 539.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends new standards 10.1 and 10.2 be added to assist title examiners with understanding the impact of allotted lands as they apply to the Osage Tribe. The Real Property Section approved the proposal, and the House of Delegates adopted the new standard on November 7, 2025.