Political cost of Cherokee stance on freedmen
continues to mount
Posted: May 09, 2008
by: Jerry Reynolds / Indian Country Today
WASHINGTON - Thirty-five members of the Congressional Black Caucus have
informed Senate Majority Leader Harry Reid, D-Nev., that they will actively
oppose reauthorization of the Native American Housing and Self-Determination
Assistance Act unless it cuts off funding to the Cherokee Nation of
Oklahoma, pending the nation's recognition of Cherokee freedmen and their
descendants as tribal citizens.
The freedmen are descendants of slaves and free blacks who lived among the
Cherokee before, during and after the Civil War. The Cherokee, a
slave-owning tribe from its origins in the Southeast, sided with the
Confederacy at the outset of the Civil War, later switching its allegiance
to the Union. An 1866 treaty renewed federal relations with the Cherokee and
conferred all rights of native Cherokees on the freedmen and their
descendants. U.S. District Court Judge Henry H. Kennedy has found that the
Cherokee soon began to marginalize the freedmen; and in 2003, not for the
first time, the tribe tried to expel them through changes to its
constitution.
The ultimate disposition of the case is still in doubt. But increasingly,
Congress is not.
The NAHASDA bill, H.R. 2786 in the House of Representatives, has passed in
that chamber, and a Senate counterpart, S. 2062, is on the legislative
calendar. Rep. Barney Frank, D-Mass., chairman of the Financial Services
Committee in the House, maintains that it will not become law without the
provision against Cherokee funding. Rep. Melvin Watt, D-N.C., and a member
of Financial Services, has called for a reality check on the Cherokee, after
initially holding out hope of a rapprochement.
A hard-fought bill to reauthorize the Indian Health Care Improvement Act,
the top priority of the National Congress of American Indians in the current
110th Congress, has passed the full Senate (as S. 1200) and the House
Natural Resources Committee (as H.R. 1328). But Rep. G.K. Butterfield, D-N.C.,
and others in the House have signaled intentions to amend the bill in the
Energy and Commerce Committee, with a similar provision forbidding Cherokee
funding over the freedmen. Both Energy and Commerce and Ways and Means, the
third House committee with jurisdiction over the bill, have until June 6 to
consider H.R. 1328.
Rep. Maxine Waters, D-Calif., continues to push a bill that would sever
federal relations with the Cherokee and revoke their casino charter until
the freedmen are restored to full citizenship. Her bill, H.R. 2824 in the
House, has 24 co-sponsors and she hopes to hold public hearings on it yet
this year.
In a mid-April letter to tribal leaders, National American Indian Housing
Council Chairman Marty Shuravloff wrote, ''The NAIHC is very concerned that
the Freedmen matter might upend not only the pending NAHASDA reauthorization
but the passage of all Indian tribal legislation in this and possibly future
congresses. This would be an unfortunate outcome for the hundreds of
thousands of American Indian and Alaska Native low income families that
would be unwitting victims in a controversy involving one Indian tribe.''
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