"the People's Paths!" Cherokee News Path - Councilors Support Delaware Separation Bill

"Our council has already passed our resolution, and I would just like to see the Cherokees and Delaware get along for a while." -- Delaware Chief Jerry Douglas

TAHLEQUAH, OKLAHOMA - Tribal Councilors in August unanimously supported a bill that separates the Delaware Tribe from the Cherokee Nation and backs federal recognition for the 10,000-citizen tribe.

All 17 councilors voted to support the bill that Principal Chief Chad Smith and Delaware Chief Jerry Douglas took to Washington, D.C., in July, which requests the Delaware Tribe be recognized in the Federal Register.

The proposed legislation is the initial step toward restoring about $7 million in federal funding to the Delaware and would end years of contradicting verdicts from federal courts concerning the Delaware's sovereignty.

"Our council has already passed our resolution (supporting the bill), and I would just like to see the Cherokees and Delaware get along for a while," Douglas, who attended the council meeting, said. "Let's leave the lawyers out of the picture."

Douglas said he thinks the legislation would provide a better quality of life for Delaware citizens that only can be achieved through tribal sovereignty and federal recognition.

U.S. Rep. John Sullivan, R-Okla., will sponsor the bill in the House and is hoping for Senate sponsorship from Oklahoma Republicans Tom Coburn and Jim Inhofe.

"I am very hopeful that this bill and the successful negotiations we have had with Chief Douglas and the Delaware Tribe will be fully accepted by Congress," Smith said. "The Delaware are also Cherokee citizens and what is good for them is good for us. We have negotiated fair terms and look forward to creating new partnerships with the Delaware tribe on future programs and services. I believe that this will bring new opportunities to all of our citizens."

According to the resolution, the Delaware Tribe can achieve federal recognition without compromising the existing powers of the CN. The legislation does not give the Delaware a land base within the CN jurisdiction, but it does allow the Delaware to search for land outside the CN.

It also gives the Delaware a chance to run their own tribal programs, but only if the CN mutually agrees to allow it and on a program-by-program basis. With federal recognition status, the Delaware Tribe will become a sovereign tribal entity with all the rights of self-government. If accepted, the bill will also recognize the Delaware Tribe's 1982 Constitution.

Before the compromise, Delaware leaders resisted allowing the CN to receive and disburse their federal funds.

"We'll look at each program they're interested in and determine if we can do it, if they can do it or if it should be a joint venture," Smith said.

The two tribes have argued in and out of court over interpretation of an 1867 agreement which made the Delaware people citizens of the CN. In 2004, the Delaware Tribe lost its federal recognition when a federal appeals court ruled that the Delaware Tribe didn't follow proper steps in becoming a federally recognized tribe and did so without the consent of the CN. The U.S. Supreme Court refused to hear the Delaware appeal.

That decision resulted in the Delaware losing $7 million in federal funds that year. In December, the tribe closed its health and wellness center in Bartlesville, and in June the Delaware sold their headquarters.

Chief Douglas said he and Smith met in July with each member of the Oklahoma delegation and are optimistic the bill will pass Congress, although it may be delayed until the start of the next session in January.

The council also unanimously amended the 2006 Indian Housing Plan to include the receipt of the Delaware's 2006 Indian Housing Block Grant of $574,000.

According to the resolution, the CN has entered into an agreement with the Delaware housing authority to receive and administer Delaware housing funds.

Principal Chief Chad Smith and Deputy Chief Joe Grayson present 93-year-old Cherokee citizen and World War II veteran John Sunday with a Cherokee Warrior Award at the August Tribal Council meeting. Sunday served as a scout for the U.S. Army during WWII. (Photo by Travis Snell)

Cherokee citizen Shea Stanley of the U.S. Army's 45th Infantry Brigade is all smiles after receiving his Cherokee Warrior Award from Principal Chief Chad Smith at the August Tribal Council meeting. Stanley enlisted in the Army National Guard in 2003 and served in Afghanistan as part of Operation Enduring Freedom. (Photo by Travis Snell)

The council also unanimously approved an act allowing for additional punishment for crimes against public justice. Under a new section in the CN Annotated Code, any elected official, appointed official or department head who is convicted of a crime concerning bribery, embezzlement, fraud, perjury, forgery or larceny may, in addition to other punishments, be subject to disqualification from employment with the tribe.

The council also unanimously approved:

* An amendment to the 2006 budget adding $2.4 million for a total budget authority of $381.9 million, which includes a $745,000 increase in the general fund and $190,000 in the Native American Housing Assistance and Self-Determination Act Fund,

* An act clarifying the jurisdiction of the CN Gaming Authority to ensure the application of rules and regulations,

* A resolution authorizing Sequoyah High School to submit a grant application for planning, design and construction funds for facility improvements and for the CN to accept ownership of the new student activity center upon completion,

* An act adding a pre-set bail section in the CN Annotated Code that calls for more stringent laws regarding pre-set bail,

* An act adding provisions for multiple-year registration in the Boat and Motor Licensing and Tax Code,

* An amendment to the Motor Vehicle Licensing and Tax Code allowing new definitions and provision for registration of assembled and abandoned motor vehicles,

* A resolution authorizing the sale or trade of the Health Services Mobile Clinic, and

* A resolution authorizing the sale of the painting "Orange Benevolence" back to the artist for $250.

Tribal Council meetings are held at 6 p.m., the first Monday following the second Saturday of each month in the Tribal Council Chambers of the W.W Keeler Tribal Complex.

Travis Snell can be contacted by e-mail or by telephone: 918-453-5358.