Copyright © 2002 NLThomas
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WASHINGTON, DC - A bi-partisan bill that would protect the few remaining individual Indian restricted allotments in eastern Oklahoma has stalled in the Senate.

The bill, known as the Five Nations Indian Land Reform Act, was set aside by one of its sponsors, Senator James Inhofe (R-Okla.), at the request of oil and gas producers. The bill was sponsored in the House of Representatives by Wes Watkins (R-Okla.) and Brad Carson (D-Okla.).

“We were surprised by the objections and the personal attacks by Mickey Thompson, the spokesman for the Oklahoma Independent Petroleum Association (OIPA), considering the bill only affects about 100 oil and gas leases a year, out of 106,000 in the state,” said Chad Smith, Principal Chief of the Cherokee Nation. “It makes you wonder if Mr. Thompson is running for U.S. Senate.”

Tribal attorneys worked with a representative of Chesapeake Energy, OIPA’s largest member, to revise the bill so as to minimize its impact on the oil and gas industry.

“The bill was not an oil bill, but an Indian bill,” Smith said. “We gutted the oil and gas provisions but OIPA is still against it. So why are they against an Indian bill? It is interesting that when an Indian stands up to a white guy, he calls it race baiting, but when a white guy takes Indian land it is called business.”

The bill would treat the five tribes like the other 34 tribes in Oklahoma. It would eliminate adverse possession, expensive district court probates and allow Indian heirs with less than half degree Indian blood to inherit restricted land.

“All we are asking is to be treated the same as other tribes,” Smith said. “We have 100 years of horror stories of elderly Indians losing their lands. Our people are down to the last 0.2% of one percent of the land we were originally allotted. The skeleton is picked clean. Now, these folks apparently want to suck the marrow out of our bones.”

Thompson was quoted in a newspaper article as saying, “We don’t see any reason to rewrite the laws in Oklahoma as it relates to how oil and gas leases are handled on restricted lands. We believe it’s worked extremely well over the last 100 years.”

Smith responded, “If you are not an Indian it has worked extremely well.” The OIPA has lost support in the past several weeks. Oklahoma Corporation Commissioner, Ed Apple, sent a letter to Principal Chief Smith disclaiming the actions of the other two commissioners and questioning the propriety of their actions.

“In my opinion it was not appropriate for me as a commissioner, representing the commission, to involve myself in the issues of HR 2880 (The Five Nations Indian Land Reform Act),” Apple wrote. “Consequently, I did not sign the letter sent by my two colleagues. Please be assured that I have complete respect for the issues supported by the Five Nations.”

The State Chamber, lobbied by OIPA and the Oklahoma Corporation Commission to oppose the legislation, has now withdrawn its opposition to the amended bill. The Oklahoma Banking Association has stated that the bill does not affect them. In fact a number of oil and gas companies, upon learning the oil and gas provisions had been removed, questioned the OIPA leaders continued resistance.

“Thousands of Cherokees flooded Senator Inhofe’s office with phone calls, faxes and emails, urging him to pass the bill,” Smith said.

“The Five Nations have spent years obtaining the views of a wide variety of interest groups and the bill has been revised countless times to address their concerns,” said Principal Chief of Muscogee Nation, Perry Beaver. “I believe that the bill is legally sound and in the best interests of our citizens, while also preserving the rights of others. Despite beliefs of special interest groups, the Nation’s primary concern is to ease our citizen ’s burden of lengthy probate procedures.”

Smith added. “We look forward to working with Senator Inhofe and the oil and gas industry to get this bill off center.”