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TAHLEQUAH, OK - Cherokee Nation council members voted in a special meeting held Monday, June 5, in the tribal complex to postpone an issue concerning the Housing Authority of the Cherokee Nation being recipient of housing funds until several questions in the proposed act could be considered.

The council had several concerns regarding property, judicial review and notice requirements in Principal Chief Chad Smith's proposed bill, the Cherokee Nation Assisted Indian Housing Program Act of 2000.

Todd Hembree, attorney for the tribal council said there are two section area's of concern, Section 7: property, and section 10: judicial review. "I haven't rendered any legal opinion. It would be in the best interest of this body to get a legal opinion on these issues, to table it, until it can be reviewed," he said.

Under the proposed act all personal property acquired with Native American Housing Assistance and Self Determination Act funds will be the exclusive property of the Cherokee Nation, regardless of whether the property was obtained directly by the tribe or by another entity. Under the judicial review, the bill would settle differences in tribal court.

"The property issue is an important issue for council to look at real property and ownership must stay as it is, anything in the hands of the tribe is to establish the Cherokee Nation as the true owner," said David Mullon, assistant attorney general for the Cherokee Nation. "That property will increase over a million dollars in time, we have to make sure that these funds stay in the hands of the Cherokee Nation." "Housing has been a concern of ours for all our lives," said Smith, who discussed the bill with the council.

"The Cherokee Nation will delegate and approve housing plans and determine where the money goes. Mainly, this bill establishes a relationship between Cherokee Nation and the Housing Authority," he said.

Smith's bill calls for the HACN to continue to be the sub-delegate of the housing policy. Smith did not change focus and issues of the bill completed by council. He is calling for council to allow for a transition period and said he is concerned for the 281 families who would be affected by any changes at the housing authority. Smith said he wants the HACN to remain autonomous and wants the bill completed and approved in order to complete a housing plan due to Housing and Urban Development by July 1. Ron Froman, housing liaison for the tribal council said that no extension could be given for the plan, but it could be amended later.

"We want to ensure that the Housing Authority stays as it is, and not to regulate it. We don't want nothing to do with the day-to-day activities, just the oversight responsibility," said councilor Harold DeMoss.

Smith withdrew the only other item on the meeting's agenda regarding the "Cherokee Nation Subpoena Act of 2000." Council members agreed to meet again and discuss the housing bill in further detail on June 6.