Chief of United Keetoowah Band of Cherokee Indians denounces Congressman Cole’s H.R. 3091

The Metropolis Sentinel Workers Report

In response to Congressman Tom Cole’s introduction of H.R. 3091 on trial jurisdiction compacting for the Cherokee Nation of Oklahoma (“CNO”) and Chickasaw Nation, Joe Bunch, Chief of the United Keetoowah Band of Cherokee Indians in Oklahoma (“UKB”) has issued a press release supplied to The Metropolis Sentinel, CapitolBeatOK.com and different information organizations.

Chief Bunch offers to the information media and to the general public the next assertion:

I strongly oppose Part 4 of the Cole invoice entitled Reservation Integrity. This part offers the CNO unique jurisdiction over the 14-county Cherokee reservation through which the Assistant Secretary of the Inside has declared CNO and UKB successors in curiosity of the historic Cherokee Nation. Which means we’re equal in standing as federally acknowledged Indian tribes sharing the Cherokee reservation.

We each have lands in belief inside the reservation and we each have the sovereign proper and talent to control ourselves. Part 4 would give the CNO a veto over the UKB’s federally confirmed proper to put lands in belief inside the reservation. CNO has beforehand acknowledged it could by no means consent to UKB putting extra lands in belief. This Part would violate the spirit of the Indian Reorganization Act, which prohibits the federal authorities from discriminating between Indian tribes.

The UKB has by no means given the CNO the flexibility to behave on our behalf. The Cole invoice states in Part 5 that it could not (1) waive the sovereign immunity of any tribe, or (2) increase, restrict, modify, or in any other case have an effect on the authority or proper {that a} tribe possess below, or which is protected by, a treaty with america or different federal legislation. The UKB has rights below the Oklahoma Indian Welfare Act and a 1946 Act of Congress and federal company constitution to, amongst different issues, have land positioned land in belief. This proper could be destroyed by Part 4 of the Cole invoice. Additional, the UKB signed an 1828 treaty with america giving up our reservation in Arkansas in change for lands in what’s now Oklahoma.

In sum, the UKB strongly opposes H.R. 3091, which does completely nothing to help readability or consistency concerning the train of legal jurisdiction and authority in Indian Nation in Oklahoma. As a substitute, the invoice incorrectly attributes unique jurisdictional management of the historic Cherokee reservation to the CNO. Additional, the invoice ignores the truth that the reservation is shared by the UKB. The UKB might solely possess one belief parcel at the moment however that may change over time and our predecessors settled in Northeastern Oklahoma nicely earlier than different Cherokee folks arrived right here. Congress mustn’t ignore that historic reality when contemplating such laws.

America Congress has an obligation to seek the advice of with Indian tribes earlier than proposing laws that might have an effect upon them. We weren’t consulted in any method concerning this laws. No additional motion needs to be taken by Congress till full session is held with the UKB.

If handed as launched, H.R. 3091 would mark a brand new period of termination. It could preempt the proper of the UKB to train jurisdiction inside the reservation that it shares with the CNO, in violation of common ideas of Indian legislation, and it could completely terminate the proper of the UKB to acquire belief land, a proper that was ratified by Congress in 1999.

The management of the UKB have all the time expressed an curiosity in intergovernmental cooperation, and an curiosity in resolving variations with the CNO in a way that respects our mutual sovereignty. So far, the CNO has not engaged in a constructive dialogue to resolve variations. The UKB management stands prepared to take action, understanding that our sovereign rights should stay intact.

For authorized questions please discuss with UKB Lawyer Basic Klint Cowan at (405) 232-0621. For common inquiries e-mail [email protected].

Editor’s Be aware: For added studying, search The Metropolis Sentinel web site for previous tales on the efforts of the UKB to see equitable therapy from federal officers, and for background of the tribe’s litigation to achieve formal recognition of its sovereign rights, unbiased of rights for the CNO. The UKB web site accommodates substantial info on the UKB efforts to serve members of the band: https://www.ukb-nsn.gov/. Data can also be archived at this web site:  

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