December 1, 2007 at 1:26 am #3331December 1, 2007 at 1:26 am #29098
Greywolf wrote: http://www.indiancountrytoday.com/content.cfm?id=1096416202
For a different perspective.December 1, 2007 at 1:26 am #29099December 1, 2007 at 1:26 am #29169
As Chief of the U n i t e d Keetoowah Band of Cherokee Indians in Oklahoma, I am submitting the following information to clarify the importance and relevant issues of H.R. 2824. Despite what the Cherokee Nation is trying to say about House Bill 2824, at no point does this bill mention “termination”. If the word termination was mentioned it would have devastating effect on all tribes and could not be supported.
The United Keetoowah Band (UKB) is a federally- recognized tribe, receiving such status under the Oklahoma Indian Welfare Act (OIWA) by Congressional Act August 10, 1949 (60 Stat. 976). Our tribal membership consists of Cherokees ¼ degree blood or more, of whom 98% reside in our 14-county service area. This service area is consistent with the boundaries set out by the Treaty of 1833, with modifications by subsequent treaties. For tribal government and service purposes, this 14-county area is divided up into 9 districts, which were part of the Cherokee Nation of Oklahoma prior to its termination in 1906.
The information backing the Status of the Freedmen is well-documented through the Treaty of 1866, subsequent amendments to the Cherokee Nation of Oklahoma Constitution, and tribal Allotment. In addition, it is specifically stated in Bureau of Indian Affairs’ policy that one of the stipulations presented in the Bellmon Act (commonly known as the Principal Chief’s Act) is that the Cherokee Nation of Oklahoma’s voter qualifications ‘must be broad enough to include the enrolled freedman citizens of the respective nations, together with the descendants of such enrollees.” Due to the extensive clarity and documentation of these Federal Government agreements and policies, they will not be further dwelt upon in this information. The other issues listed in the House Bill are far more unfamiliar to those unattached from the issue, and are very complex. For that reason, this concise supporting information is made available. In a December 19, 2006 ruling in Vann v Kempthorne, the United Stated District Court of Columbia denied the Cherokee Nation of Oklahoma’s Motion to Dismiss. Cherokee Nation of Oklahoma used its own ‘Supreme Court’ to overturn this outcome. This was accomplished by the Supreme Court justices ruling in a 3-2 decision that the Cherokee Nation of Oklahoma could hold a vote on the tribal status of the Cherokee Freedmen. The subsequent vote was held in March, 2007 and less than 4% of the Cherokee Nation of Oklahoma voters ratified the decision that tribal citizens must be of Indian descent.
It should be noted here that the Cherokee Nation of Oklahoma ‘s “Supreme Court” is a new entity, authorized by the 1999/2003 Cherokee Nation Constitution, which has not been approved by the Secretary of the Interior, and the Cherokee Nation of Oklahoma has removed its request for approval. That will be covered later in this information. The above “Supreme Court” decision, therefore, was mandated by a Court which only exists under authority of a Constitution which has not been approved by the Secretary of the Interior, and is therefore, illegal. In addition, the election (vote) deciding the tribal status of the Cherokee Freedmen was also held under an unapproved, illegal Constitution, as well as denied the vote of the Cherokee Freedmen, mandated by the policy supporting the Principal Chief’s Act.
The language of the Bill does not elaborate on the so-called ‘re-instatement’ of the Cherokee Freedmen for purposes of voting in the June, 2007 election. In this quasi-re-instatement, not only are the Freedmen’s rights severely restricted, but the injunction allowing them this right specifies “temporarily.” Therefore, even though the move appears to be beneficial and positive for the Cherokee Freedmen, the issue is clearly not resolved.
Another issue is of grave concern. While the recent (June 23, 2007) election held two days after the introduction of H.R. 2824 is clearly illegal based on it being held under an illegal and unapproved Constitution, the election ballot contained a referendum ‘affirming a Constitutional amendment.’ The question on the ballot read, “Shall the Cherokee people affirm the removal of the requirement of federal approval for the Constitution of amendments to the Constitution, by enactment of the following: “A Constitution of amendment shall not require approval of the United States of America ?” Campaign and promotional material proclaimed the Cherokee Nation of Oklahoma “voluntarily’ placed this approval process on its 1975 Constitution, and called it ‘self-imposed.’ Historic information begs to differ.
Cherokee Nation of Oklahoma government was terminated in the years immediately preceding Oklahoma Statehood. The final Act, (March 1, 1901, Fifty-sixth Congress, Session II, Chap 675, “An Act to Ratify and Confirm an Agreement withnations, an Act of Congress is the only legal measure which can accomplish the changes Cherokee Nation of Oklahoma has illegally moved to do, which include, but are not limited to:
1. Prohibit Cherokee Freedmen from tribal citizenship, voting and other rights;
2. Operate under a Constitution;
3. Amend A Constitution;
4. Hold an election (except under a valid Constitution);
5. Remove Federal Approval from the Constitution;
6. Denying service to federally-recognized Native Americans within their service area using Federal funds, who are not members of the Cherokee Nation; and,
7. Having jurisdiction of Trust Lands which are held in trust for a “Cherokee Tribe organized under the Oklahoma Indian Welfare Act (OIWA),” which the Cherokee Nation is not.
It should also be noted that the Bill calls for severe further scrutiny and monitoring ensuring that Cherokee Nation of Oklahoma is not only in compliance with its treaty obligations, but all Federal Statutes which ‘govern its relations with the United States Government.’ This stipulation is beneficial to the United States , as well as other Native American and Federally-recognized tribes which have been denied their rights due to Cherokee Nation of Oklahoma illegally excluding them from benefits and services by law. H.R. 2824 states in the last paragraph under “GAO Report on Expenditure of Federal Funds” that, “The report shall include an analysis of Federal funds allocated by the Cherokee Nation of Oklahoma ‘s leadership for its member benefits and services and for administrative and other purposes. The report shall determine whether or not the Cherokee Nation of Oklahoma is in full compliance with all Federal regulations and laws regarding the management and disbursement of Federal funds.” It is hoped this will allow the thousands of members of the federally-recognized United Keetoowah Band of Cherokee Indians, who are not members of the Cherokee Nation of Oklahoma receive services through their own tribal government, which has the same jurisdictional area Cherokee Nation of Oklahoma claims. Until this point, Cherokee Nation of Oklahoma has successful and illegally blocked funding to the United Keetoowah Band, and OIWA-organized tribe, with an erroneous claim of dual-enrollment and doubleservicing. It is hoped this information imparts a deeper understanding of the claim made on page 8 of H.R. 2824, that “The manner in which the Cherokee Nation of Oklahoma is conducting the relationship between the United States and the tribal entity is not in the best interest of the United States Government, citizens of the Cherokee Nation of Oklahoma, and violates existing treaties and laws governing the relationship between the United States Government and the Cherokee Nation of Oklahoma.” You will note that in addition, it is not in the best interest of citizens of the United Keetoowah Band (over 10,000 residents of Northeastern Oklahoma ), as well.
Most importantly, it is hoped that the distinguished members of Congress will find the audacity of Cherokee Nation of Oklahoma to assume it can supersede Congress no less then astonishing. While the Cherokee Nation of Oklahoma exists today only legally capable of administering the assets of the original Cherokee Nation of Oklahoma, and to service the original Dawes Enrollees, the United Keetoowah Band is Congressionally recognized under the OIWA, as are other Oklahoma tribes. The Treaty of 1866 was negotiated to ensure the Indian tribes, originally from the Southeastern area of the United States , were consistent with the civil rights of black people enjoyed through the United States Constitution. The so-called “Five Civilized Tribes” were the signers of this treaty, and the mandates of the document do not affect the United Keetoowah Band of Cherokee Indians in Oklahoma , nor other tribes in the United States other than the ‘five.’ Certainly, tribal governments have the legal right to determine their own citizenship requirements, IF these are not in conflict with treaties signed between the United States and the tribes. If a tribe is in conflict, there is no court in the land which can abrogate the treaty. Only Congress can do so.
Chief United Keetoowah Band of Cherokee Indians in OklahomaDecember 1, 2007 at 1:26 am #29173
Being Federally Recognized guarantees government to government relations! (not severed) http://www.govtrack.us/congress/billtext.xpd?bill=h110-2824
http://www.abanet.org/irr/hr/spring06/keohane.html Indian Self-Determination and Education Assistance Act of 1975 (Self-Determination Act)December 1, 2007 at 1:26 am #29176December 1, 2007 at 1:26 am #29179
Hi Greywolf Thanks for posting some great links. On your #1 post 11/30 the second link, indianznews there is an interesting article abt Floyd Red Crow Westerman a Souix and his passing. Appreciate you posting that. Take care 🙂 GreydoveDecember 1, 2007 at 1:26 am #29193
Greydove, you are welcom.December 1, 2007 at 1:26 am #29212December 1, 2007 at 1:26 am #29223December 1, 2007 at 1:26 am #29504December 1, 2007 at 1:26 am #29642December 1, 2007 at 1:26 am #29646
Greywolf wrote: http://dickshovel.com/wasichu.html
Thanks Greywolf for this post….
ShirleyDecember 1, 2007 at 1:26 am #29754
Shirley, if you find some fabric you like, send it to me. I will make you one. I’ll need five yardsDecember 1, 2007 at 1:26 am #29761
Linda wrote: Shirley, if you find some fabric you like, send it to me. I will make you one. I’ll need five yards
Thank you, it would be so special having been made by you! My daughter and I are going to the cities tomorrow and are going to stop at Joann fabrics…and look around.
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