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Members of the Cherokee Nation Marshal Service give a 21 gun salute at the Memorial Service of long time Tribal Council member Harold “Jiggs” Phillips.

WASHINGTON, DC - The United States Senate has passed legislation that will settle the claims of the Cherokee, Choctaw and Chickasaw Nations against the federal government for unauthorized use of the section of the Arkansas Riverbed owned by the three tribes.

“We have been waiting for this day since 1970, when the U.S. Supreme Court ruled that the riverbed was still ours,” said Chad Smith, Principal Chief of the Cherokee Nation. “We have worked for this settlement for more than 30 years.”

Under the legislation, the three tribes retain title to the riverbed and banks. The three tribes will receive a $40 million settlement for past damages and to give up claims to disputed lands. The money will be paid out over four years, with the Cherokees receiving half, the Choctaws 37.5% and the Chickasaws 12.5%. The legislation allows the money to be used for numerous purposes, including acquisition of land, but it cannot be used for per capita payments to tribal members.

The law, known as the Cherokee, Choctaw and Chickasaw Claims Settlement Act, passed the U.S. House of Representatives earlier this year. The bill was introduced in the House by Brad Carson, (D-Okla.), Wes Watkins, (R-Okla.), John Sullivan (R-Okla.) and Dale Kildee, (D-Michigan), and had bi-partisan support. Senator Jim Inhofe (R-Okla.), sponsored the bill in the Senate.

“I especially want to commend Wes Watkins for pushing this measure for several years, and I want to thank Brad Carson and Jim Inhofe,” Smith said. “I know that it was almost 3 a.m. when some of these last minute sessions let out, and Carson, Watkins and their staffs were still hard at it, fighting for this bill.”

Currently, private citizens, including some members of the Cherokee, Choctaw and Chickasaw Nations, occupy 7,750 acres of tribal riverbed land. This settlement keeps the federal government from having to pursue court action to remove those Oklahoma citizens from that land. Those court proceedings would be very costly to the government as well as the individuals involved, and would take many years to resolve.

“This settlement will be of great benefit not only to the people of the Cherokee Nation, but also to many non-Indian citizens of Oklahoma as well,” Smith said. “It’s a win-win situation for the tribes and Oklahoma residents.”

The bill does not affect the ownership status of the Arkansas Riverbed, which would remain with the Cherokee, Choctaw and Chickasaw Nations. The bill would allow tribes to use settlement money to reacquire trust land and provide services to their citizens. The settlement will become law when signed by President Bush.