Diane Watson Bill
HR 2824 IH
110th CONGRESS
1st Session
H. R. 2824
To sever United States' government relations with the Cherokee Nation of
Oklahoma until such time as the Cherokee Nation of Oklahoma restores full
tribal citizenship to the Cherokee Freedmen disenfranchised in the March
3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with
the Government of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 21, 2007
Ms. WATSON (for herself, Ms. NORTON, Mr. CUMMINGS, Mrs. CHRISTENSEN, Mr.
BUTTERFIELD, Mr. CONYERS, Mr. CLAY, Ms. LEE, Mr. TOWNS, Mr. AL GREEN of Texas,
Mr. FATTAH, and Mr. FALEOMAVAEGA) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
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A BILL
To sever United States' government relations with the Cherokee Nation of
Oklahoma until such time as the Cherokee Nation of Oklahoma restores full
tribal citizenship to the Cherokee Freedmen disenfranchised in the March
3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with
the Government of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) In the 1830s, members of the Cherokee Nation were removed from their
lands in the southeastern United States and forced to migrate to Oklahoma
along a route known as the Trail of Tears. Among those persons forced to
migrate were the Black slaves of Cherokees, free Blacks married to Cherokees,
and the children of mixed-race families, known now as the `Black Cherokees'.
(2) In 1861, the Cherokee Nation executed a treaty with the Confederate States
of America, thereby severing its relations with the United States Government.
Members of the Cherokee Nation held positions in the Congress and military
of the Confederate States of America and waged war against the United States
during the Civil War.
(3) Following the Civil War, the United States reestablished relations with
the Cherokee Nation through the Treaty of 1866. The Treaty of 1866 declared
that the Black Cherokees, also known as `Cherokee Freedmen', were to be made
citizens of the Cherokee Nation and to have all the rights of Cherokees.
(4) The Treaty of 1866 further guarantees the following:
(A) Laws `shall be uniform throughout said nation' and that if `any law,
either in its provisions or in the manner of its enforcement, in the opinion
of the President of the United States, operate unjustly in [the Freedmen]
district, he is hereby authorized and empowered to correct such evil.'.
(B) The Cherokee Freedmen are given the right to elect officials and to representation
`according to numbers' on the national council.
(5) Following the Treaty of 1866, the Cherokee National Council amended its
constitution to guarantee the Cherokee Freedmen full rights as citizens of
the Cherokee Nation.
(6) Also following the Treaty of 1866, the Courts upheld the Cherokee Freedmen's
treaty rights, including--
(A) in 1895, the Court of Claims held that the Cherokee Freedmen were entitled
to share in the tribe's land sale proceeds and the Cherokee Nation's sovereignty
could not be exercised in a manner that breached the nation's treaty obligations
to the United States (Whitmire, Trustee for the Cherokee Freedmen v. Cherokee
Nation, 30 CT Cl. 138, 180 (CT Cl. 1895); and
(B) in 1906, the Supreme Court noted that the Cherokee Freedmen are citizens
of the Cherokee Nation entitled to the same property rights as other members
of the Cherokee Nation under the Treaty of 1866 (Red Bird v. United States,
203 U.S. 76, 84).
(7) In a December 19, 2006, ruling in Vann v. Kempthorne, the United States
District Court for the District of Columbia found that in 1906, the Dawes
Commission registered members of the Cherokee Nation under separate categories:
the `Freedmen Roll' for the Black Cherokees and the `Blood Roll' for other
Cherokees. Individuals possessing African blood were placed on the Freedmen
Roll, where no levels of Indian blood were recorded. Those possessing no
African blood were placed on the Blood Roll, where levels of Indian blood
were recorded. The Dawes Commission declared that persons recorded on the
Freedmen Roll were on equal footing with those on the Blood Roll.
(8) In 1970, Congress passed the `Principal Chiefs Act' requiring the Chickasaw,
Choctaw, Creek, Seminole, and Cherokee Nations to obtain approval for their
voting laws for selection of the principal chief. The Department of the Interior
drafted a policy stating that it was not necessary that each of these groups
have identical or similar regulations, but that three conditions are deemed
fundamental to the democratic selection of a principal tribal official. One
of the three conditions stipulated by the Department is that voter qualifications
of the Cherokees must be broad enough to include the enrolled Cherokee Freedmen
citizens.
(9) In May 2003, the Cherokee Nation held an election for its officers and
ratification of a new constitution. The vote proposed to amend the 1999 constitution
of the Cherokee Nation by removing the requirement that the United States
Department of the Interior and Bureau of Indian Affairs approve amendments
to the Cherokee Nation Constitution. The Cherokee Freedmen were not permitted
to vote or run for office. The election violated the Treaty of 1866, the
13th Amendment to the United States Constitution, the Principal Chiefs Act
of 1970, and the Department of the Interior's guidance on the ratification
of a new constitution.
(10) In May 2003, the Cherokee Nation held an election for its officers and
the ratification of a new constitution. The new constitution removed the
requirement that the United States Department of the Interior and the Bureau
of Indian Affairs approve amendments to the Cherokee Nation constitution.
The Cherokee Freedmen were not permitted to vote in this election. The election
violated the Treaty of 1866, the 13th Amendment to the United States Constitution,
and the Principal Chiefs Act of 1970.
(11) The Department of the Interior has not recognized the May 2003 vote
to amend the Cherokee Nation's constitution. The Cherokee Nation has subsequently
removed its request for approval from the Department of the Interior.
(12) Currently, the Cherokee Nation operates under a Principal Chief elected
in violation to the 1970 Principal Chiefs Act and Treaty of 1866, a National
Council constituted without Cherokee Freedmen representatives in violation
of the Treaty of 1866, and a Constitution not approved by the United States
pursuant to Article XV, Section 10 of the 1975 Cherokee Nation Constitution.
(13) In May 2003, the Cherokee Nation renamed its highest court, formerly
named the Judicial Appeals Tribunal and newly renamed the Supreme Court,
after the Judicial Appeals Tribunal ruled in a 2-1 decision that the Cherokee
Freedmen were entitled to citizenship pursuant to the 1975 Cherokee Nation
constitution. Pursuant to the new May 2003 constitution, which still has
not been approved by the Department of the Interior, the illegally elected
Principal Chief appointed two additional judges to the Supreme Court. The
panel of five Supreme Court judges ruled in a 3-2 decision that the Cherokee
Nation could hold a vote on the tribal status of the Cherokee Freedmen.
(14) Operating under the unapproved Constitution, the Cherokee Nation held
an election in March 2007, to remove the Cherokee Freedmen from the Cherokee
Nation. In a vote of less than 4 percent of the total Cherokee Nation population,
the voters elected to remove Cherokee Freedmen not on the Dawes blood rolls
from the Nation.
(15) In May 2007, the Cherokee Nation leadership determined that it would
allow registered Freedmen to vote in the June 23, 2007 election for tribal
officers. Despite the Cherokee Nation's decision to allow Freedmen to vote,
Freedmen's rights as members of the Cherokee Nation are severely restricted:
Freedmen are not allowed to run for office in the June 2007 election in violation
of the Treaty of 1866; the registration of Freedmen entitled to Cherokee
citizenship under the 1906 Dawes Rolls has been halted; and the election
is to be held under provisions of an unapproved constitution and in violation
of the 1970 Principal Chiefs Act that requires the Cherokee leadership to
submit its voting requirements for the election to the Secretary of the Interior
for his approval. Further, the actions of the Cherokee Nation in halting
citizenship application processing and voter registration of Freedmen have
disproportionately reduced the number of Freedmen voters that can participate
in the election.
(16) The manner in which the Cherokee Nation 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, and violates
existing treaties and laws governing the relationship between the United
States Government and the Cherokee Nation.
(17) Current efforts of the Cherokee Nation to expel members of the Cherokee
Freedmen from the tribal rolls and abolish Department of the Interior oversight
are being pursued in violation of the treaty rights extended to the Cherokee
Freedmen in a treaty agreement between the United States and Cherokee Nation
in the 1866 Treaty and in violation of Freedmen citizenship under the federally
approved Cherokee Nation constitution of 1975.
(18) The Department of the Interior has failed to uphold its fiduciary responsibility
by recognizing the May 2003 Cherokee Nation election for Principal Chief
in which Freedmen were not allowed to vote in violation of the Principal
Chiefs Act and the Treaty of 1866 and by failing to take any administrative
action against the Cherokee Nation leadership for its decision to sanction
a referendum in March 2007 in which the Freedmen were expelled from the Cherokee
Nation.
SEC. 2. SEVERANCE OF RELATIONS WITH THE CHEROKEE NATION.
(a) In General- The United States hereby severs all relations with the Cherokee
Nation, including all financial obligations or otherwise, until such time
as the Cherokee Nation is meeting all of its treaty obligations and other
federal statutory obligations (including all obligations of the Treaty of
1866, the Principal Chiefs Act, holding elections for tribal leaders that
are in compliance with the Act, and has restored the rights of all Cherokee
Freedmen disenfranchised from the Cherokee Nation in the March 3, 2007, Cherokee
Nation vote), as determined by a final certification under section 2(d).
(b) Compliance With the Requirements of the Act- The Secretary shall coordinate
with all departments and agencies of the United States Government to ensure
that every effort is being made by the United States Government to comply
with this Act.
(c) Reports-
(1) FEDERAL AGENCIES- Not later than 30 days after the date of the enactment
of this Act, and continuing annually until the final certification as determined
under section 2(d), all departments and agencies under the jurisdiction of
the United States Government shall submit a report to the Secretary describing--
(A) all Federal programs under their jurisdiction that provide financial
assistance and other services to the Cherokee Nation; and
(B) the efforts that are being undertaken comply with all requirements of
this Act.
(2) STATUS REPORTS- Until the Secretary certifies to Congress that the Cherokee
Nation is in compliance with its treaty obligations, the Secretary shall
submit monthly public reports to Congress on the status of the United States
Government's efforts to ensure that all departments and agencies of the Federal
Government are in compliance with the requirements of this Act.
(3) OTHER FREEDMAN INDIANS- Not later than 6 months after the date of the
enactment of this Act, the Secretary shall issue a public report to Congress
on the status of freedmen in the Cherokee, Choctaw, Chickasaw, Muscogee (Creek),
and Seminole Nations of Oklahoma. The report shall address whether each of
those Indian tribes is complying with all treaty obligations and Federal
laws with respect to its freedmen members, the level of participation of
freedmen in tribal leadership positions, tribal benefits received by the
freedmen, and previous or current efforts on the part of those Indian tribes
to disenfranchise its freedmen members.
(d) Congressional Certification- After the Secretary has certified to Congress
that the Cherokee Nation is in full compliance with all its treaty obligations
and Congress approves the Secretary's certification by a vote taken on a
resolution introduced in both chambers of Congress certifying that the Cherokee
Nation is in full compliance with its treaty obligations, the final certification
of the Cherokee Nation's treaty compliance shall take effect.
SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OPERATIONS.
(a) In General- The Cherokee Nation's authority to conduct gaming regulated
under the Indian Gaming Regulatory Act and to administer any funds from such
gaming are suspended until such time that the Cherokee Nation is in compliance
with all treaty and other obligations with the United States, as determined
by a final certification under section 2(d).
(b) Report- Not later than 30 days after the date of the enactment of this
Act, the National Indian Gaming Commission shall submit a report to Congress
detailing the actions that have been taken to enforce subsection (a).
SEC. 4. DEFINITIONS.
(a) `Cherokee'and `Cherokee Nation'- The terms `Cherokee' and `Cherokee Nation'
mean the Cherokee Nation of Oklahoma.
(b) `Cherokee Freedmen', `Freedmen', and `Black Cherokees'- The terms `Cherokee
Freedmen', `Freedmen', and `Black Cherokees' refer to individuals who can
trace their ancestry to individuals listed on the 1906 Dawes Commission Roles
for the Cherokee Freedmen.
(c) `Other Freedman Indians'- The term `Other Freedmen Indians' refers to
individuals who can trace their ancestry to the 1906 Dawes Commission Rolls
who are members of the Choctaw, Chickasaw, Muscogee (Creek), and Seminole
Nations.
(d) Secretary- The term `Secretary' means the Secretary of the Interior.
SEC. 5. NONCOMPLIANCE.
(a) Effective Date- Notwithstanding any decision by Congress under section
2(d) of this Act, the provisions of this Act shall again take effect if at
any future date the Secretary certifies to Congress that the Cherokee Nation
of Oklahoma is not in full compliance with its treaty obligations or Federal
statutes that govern its relations with the United States Government.
(b) Private Action- Any Cherokee Freedmen shall have a private right to bring
actions for injunctive relief, declaratory relief, or monetary damages against
the Cherokee Nation of Oklahoma, officials of the Cherokee Nation of Oklahoma,
or Federal officials for noncompliance with this Act or for violations of
the terms of the Treaty of 1866, the 13th Amendment to the United States
Constitution, or the Indian Civil Rights Act of 1968. The appropriate Federal
courts shall have exclusive jurisdiction over actions brought under this
subsection.
SEC. 6. DEPARTMENT OF JUSTICE.
The Attorney General shall issue a finding on whether the Federal civil rights
of the Cherokee Freedmen have been violated by either the Cherokee Nation
of Oklahoma or the Department of the Interior, or both. Individual Freedmen
shall also have a private right of action to compel the Attorney General
to investigate federal civil rights violations and provide a determination
of whether a violation has occurred within 180 days of submitting a complaint
describing the violation in writing.
SEC. 7. GAO REPORT ON EXPENDITURE OF FEDERAL FUNDS.
The Government Accountability Office shall issue a public report to Congress
detailing for each of the 5 years ending immediately before the report was
completed the Cherokee Nation's expenditure of all Federal funds. The report
shall include an analysis of Federal funds allocated by the Cherokee Nation's
leadership for its member benefits and services and for administrative and
other purposes. The report shall determine whether or not the Cherokee Nation
is in full compliance with all Federal regulations and laws regarding the
management and disbursement of Federal funds.