Tulsa World: Cole charges 'blackmail' over Indian housing bill

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Cole charges 'blackmail' over Indian housing bill

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U.S. Rep. Tom Cole: “This is legislating with a gun to the head of the Cherokee Nation. This is what got the Cherokees to Oklahoma in the first place . . . the misuse of congressional power.”

By JIM MYERS World Washington Bureau
Published: 4/24/2008 1:15 AM
Last Modified: 4/24/2008 1:15 AM

WASHINGTON -- Rep. Tom Cole has accused a House committee chairman of "legislative blackmail" by threatening to keep an Indian housing bill from a final vote if it does not include provisions punishing the Cherokee Nation in the long-running controversy over the tribe's freedmen descendants.

"This is legislating with a gun to the head of the Cherokee Nation," Cole, R-Okla., said this week, adding that lawmakers should allow the courts to settle the issue. "This is what got the Cherokees to Oklahoma in the first place . . . the misuse of congressional power."

Cole, a member of the Chickasaw Nation of Oklahoma, also joined the National American Indian Housing Council in expressing concern that Congress' response to the Cherokee controversy could jeopardize pas sage of the housing bill as well as other legislation supported by tribes across the country.

"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," the council warned in an April 18 letter to hundreds of tribal leaders.

At issue is language added to the bill by the House last September that would deny housing benefits to the Cherokee Nation until it recognizes freedmen descendants as tribal citizens. A version of the housing bill that omits those sanctions awaits action in the Senate.

Cherokee Nation members voted in March 2007 to remove freedmen descendants from tribal rolls.

Although the council's letter does not take sides on the issue, a council official confirmed that it favors the Senate approach.

Cole's comments came in response to a statement by Rep. Barney Frank, chairman of the House Financial Services Committee, to The Hill newspaper that he would not take the housing bill to the House floor again without the Cherokee Nation provisions.

Frank, D-Mass., confirmed the threat as reported by The Hill but added that the issue went beyond his own position.

"I don't think I could pass it," he said, adding that the Congressional Black Caucus, whose members have been pushing the freedmen descendants' cause in Congress and with the Bureau of Indian Affairs, makes up a large percentage of his committee.

Frank also predicted that the bill would not even get out of conference unless it contained the Cherokee penalties.

"We won't pass a bill that includes the Cherokees if they have not honored the treaty rights" of the freedmen descendants, he said.

Frank agreed that the Cherokee Nation has the right to have a court decide whether it is correct to deny citizenship to certain descendants of freedmen, but he questioned Cole's support of that remedy.

"In the first place, when did conservative Republicans decide you are supposed to leave important issues to the court, rather than be decided by elected officials?" he asked.

Frank also cited the position taken by the BIA, which, he thinks, has sided with the freedmen descendants.

Frank is scheduled to be in Oklahoma City on Saturday for a fundraiser. Told that Cherokee officials said they would like to meet with him during his visit, Frank said he would be willing to do that.

Cherokee Nation spokesman Mike Miller said most Americans understand why it makes sense for an Indian tribe to believe that only Indians should be members of the tribe.

Rep. Dan Boren, D-Okla., won approval of an amendment to the bill that would delay any sanctions against the tribe until the legal fight ends.

He again said he hopes that Congress will give the courts time to resolve the controversy before acting against the tribe.

Jim Myers (202) 484-1424
jim.myers@tulsaworld.com

By JIM MYERS World Washington Bureau

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	Report Comment Nuts, (4/24/2008 3:18:01 AM) Things haven't changed a bit over the past 300 years. Arrogant politicians are still taking from the tribes. Still using threats and intimidation to force the tribes into surrendering about all they have left - their identity. It's hard to believe this is happening in this day and time, and of all things, spearheaded by some members of the United States Congress. They've bled the tribes for everything they've possessed and still trying to get more. And unbelievably, in the process, they have the gall to mention a broken treaty. Ha,ha,ha,ha,ha, ah,ha,ha,ha. How can Franks, an individual who has had serious ethics problems himself, even utter such words???? And in the year 2008, some in Congress are still attempting to deny the tribes access to the court system like they were denied in the old days. Don't you know other Nations are watching in amazement as this unfolds. I agree with Rep. Tom Cole. Isn't action like Franks is proposing violating the 1983 Civil Rights Act, which prohibits government officials from using their position to render undue punishment???
	Report Comment TUFF, (4/24/2008 4:02:15 AM) IF OBAMA GETS IN THE WHITE HOUSE, HIM AND HIS ILK, LIKE JESSE JACKSON, AL SHARPTON AND ETC., WILL BOYCOTT, HOLD HOSTAGE AND BRIBE THEIR WAY TO WHAT THEY WANT. POLITICAL BRIBERY IS NOTHING NEW. OTHER FORMS OF BRIBERY, IS NOTHING NEW. A THIRD WORLD COUNTRY WE ARE SOON TO BE. HIGH GAS PRICES, FOOD RATIONING, HOMELESSNESS, A GREAT NUMBER OF KILLINGS IN OUR LARGE CITIES, POLITICAL BRIBERY, AND SO ON, LOOK, THE OSAGE INDIANS QUARTERLY HEADRIGHT, SENT OUT IN MARCH 2008, WAS OVER $8335.00 AND THEY DID'NT "HIT A LICK". THIS HAS BEEN ON GOING FOR YEARS. POOR THINGS. PLUS, IN OSAGE COUNTY,OKLAHOMA, THE INDIANS OWN THE MINERAL RIGHTS TO ALL LANDS AND GET A SIXTEENTH OF EVERY BARREL OF OIL PUMPED. THEIR PROBLEM IS, THEY DON'T WANT TO WORK FOR IT. THOSE THAT FEEL OPPRESSED, NEED TO GET UP OFF THEIR BUTTS AND GO EARN THEIR LIVING. I GREW UP DIRT POOR AND DID NOT USE WELFARE OR HANDOUTS OR "CRY WOLF" TO MAKE A LIVING, I WORKED FOR WHAT I HAVE. LASTLY, YOU CAN VOTE OUT BAD POLITICIANS BUT, IT TAKES WORK.
	Report Comment Fish, Grand Lake (4/24/2008 5:42:49 AM) Welcome to la la land represented by the likes of Barney and Teddy. Why is there not a Congressional White Caucus?
	Report Comment Mike, Oklahoma (4/24/2008 6:14:55 AM) The Black Caucus has no RIGHT to be blackmailing American Indians!! The black caucus is for blacks only!!! This is as racist as it get!!! This should not be aloud in our government!!! The black caucus is fully aware that the federal government it's self terminated citizenship to 490 Ute Indians in Utah with less than 50% Indian blood and still will not over turn their terminated case before federal courts NOW!! What's up with THIS!! Black Caucus? U.S. Government Holocaust Against Terminated Utah Uinta Ute's Indians Continues Learn more about the "Terminated Uinta Ute's Indians" undeclaredutes dot net
	Report Comment B. V., Tulsa (4/24/2008 6:59:00 AM) Those politicians are determined to get their way by hook or by crook.
	Report Comment Cedrick Von Copperpenny, (4/24/2008 8:03:53 AM) CBC is just another tool of the govt to eliminate tribes existance. First they want to tell tribes who can and cannot be native americans. Next, they could inforce a minimum blood quantum on tribes so they dilute into non-existance. Once there are no "legitimate" tribes left (in congress eyes), they can divert those funds that went to native americans and use elsewhere. Well Marilyn Vann, you may be getting your wish. If you cannot be a native american then noone can. I honestly think you have it in your mind that if you became a Cherokee tribal member that you would get the grand fabled casino check in the mail! If you had only asked around you would have found out it does not exist! Cherokees have to work just like everyone else to make ends meet.
	Report Comment Ignatz, Broken Bow (4/24/2008 8:51:10 AM) Frank and the Black Caucus have a point though. Why in the world would a right wing extremist like Cole, who's entire political life has been spent protecting the rich and powerful, care about this issue unless it's a matter of racial superiority to him? I agree with you Tuff, seven years of Bush-Cheney has pretty much ruined our economy and another 100 years in Iraq (promised by Bush3, Sen. McCain) will completely bankrupt us.
	Report Comment larry still, (4/24/2008 8:59:40 AM) Cole is right. And why does Frank think the Cherokees broke the treaty when every one knows it was the U.S. that did it. And why is the the guy from Massachusetts and the woman from California all of a sudden kicking indians in Oklahoma for? I'm glad Cole and Boren are standing up for Oklahoma. I hope Sullivan and Fallon and Lucas and Inhofe and Coburn do too.
	Report Comment Original Pechanga, Upland (4/24/2008 9:21:38 AM) Our National Representative get involved in states issues ALL THE TIME. That's what they DO. They need to put TEETH into the ICRA and keep people like Chad Smith from violating the civil rights of it's people. Google Original Pechangas Blog and learn what tribes are doing to their own people. GO CBC! Now, get MOVING on CALIFORNIA TRIBES Rep. WATSON and MAXINE WATERS. Work in your own backyard TOO. In fact, the Temecula Band of Indians has hurt their members from Oklahoma too. Coalgate, Pawnee, Ada have members of California tribes.
	Report Comment Louis Gray, Bartlesville (4/24/2008 9:21:38 AM) I am truly conflicted on the debate on the Freedmen, but, I'm neither a Freedmen nor a Cherokee so my opinon on what they should do is not relevant. But, to be sure to punished because the Cherokees won't budge is poor government. It might even be mean-spirited. As if all Indians believe the same thing. No, to me , this problem could end up in the courts, or in the halls of congress. Both, are entirely appropriate on some level. But, I think its time to stop fighting an meet to hammer out an agreement. A joint decision. It's going to end up being a all or nothing decision and that will only continue the war forever. Peace everyone.
	Report Comment Larry Still, (4/24/2008 9:35:50 AM) #10 You are right... Watson and Waters should be concerned about what is going on in there state, and not what is going on 5 states away. You are wrong to say whats going on is like what is going on in your tribe. Federal law is what defines non-Indian freedmen as non-Indian, and has for 100 years. What's going on out there in CA is Indians picking on each other, it sounds like, and making up new citizenship rules as they go along. This is a way different situation.
	Report Comment truth, (4/24/2008 9:37:52 AM) THe US government should declare all indians as US citizens and do away with tribes and tribal governments who want their own money but everyone else's roads, services, etc. Let EVERYONE be treated fairly - whites, reds, blacks, and every color.
	Report Comment Ada, muskogee (4/24/2008 9:58:50 AM) It hasn't nothing to do with blackmailing, but what is right for the freedmens. My grandmother who is dead is a cherokee and I do have that blood run in my vain, and i am proud to be part of the cherokee freedmen so no matter what you do....you can't never take that away from me..black and part indian and white run through lot of people blood..Now what!! Money sure is the root of evil....God have mercy on the freedmens who deserved what is right for them!!!!!!
	Report Comment Lisa, Tulsa (4/24/2008 10:16:53 AM) FINALLY someone is standing up and saying what we have all been thinking! Bravo to Tom Cole! The CBC, Watson and Frank need to BUTT OUT of issues they know nothing about. None of them have a clue about tribes OR this issue. For cryin out loud, Watson has called herself a descendant of Pocahontas multiple times. What an idiot! They need to mind their own business in their own states. If I was a constituent of theirs, I would be furious that they are wasting time messing with an Indian tribe in Oklahoma!
	Report Comment Eric, Tahlequah (4/24/2008 10:21:59 AM) I agree with Cole, this CONGRESSIONAL BLACKMAILING has got to stop! I guess the Congressional Black Caucus and Barney Frank want to see poor people, of all tribes apparently, out on the streets, unable to pay their rent. Way to go CBC and Frank! Does it make you feel good to know you are advocating making people homeless??? There is a separate, but related bill out there too that calls for all funding for the Cherokee Nation and gaming operations to cease. So I guess the CBC, in addition to making people homeless with this bill, wants THOUSANDS of Oklahomans to be without jobs? If I'm not mistaken, between the tribe, the casinos and other businesses, the Cherokee Nation employs over five or six thousand people. But no gaming and no funding for the government = no money for paychecks. So reserve your spot in the unemployment line now, cause it's going to get very, very long if these bills make it through Congress.
	Report Comment VR, TULSA (4/24/2008 10:53:20 AM) TO #14, it was actually the government who made the rules for Indian tribes to be separated in the beginning. I think alot of Indians would agree that the BIA should be demolished, and let tribes run their own affairs, but that would not be feasible, because then the government would lose their cookie jar that they always rely on to take out of Indian funds and use for funding other government projects. They know they won't be held accountable. If you think this isn't being done then check out indiantrust,com. Also the indians who do happen to own land with oil wells, or gas wells are getting screwed because the oil companys pay on the "honor system" to the indians. they can legaly guesstimate how much oil or gas was used and give whatever they think was used as payment to the indian landowners. There is no check and balance system for this, and there is no way for the indian landowner to prove how much was produced. The only penalty the oil companies are given is less than a slap on the hand. They just have to go back and pay what they should have paid them with no other penalties or ramifications. This, by the way only includes Indians and not non indian landowners. Can you see they are getting screwed on the Honor system? the records of the whole Indian money system are screwed up and it is not benefitting them as it should. As for the tribes, They all have their own rules as to who can be on the roles. My daughter has one the highest blood quantums in one particular tribe here in Oklahoma, but this tribe won't let her be a member of it because she is already on another tribes role. Her great grandfather was actually the chief of this tribe when they moved them to Oklahoma, but due to their rules she cannot be a member because they have the right to exclude her for being on another tribes role. Can people not understand that every tribe has the right to their own rules. I don't go to the representatives and complain because a rule is a rule made by each tribe.
	Report Comment Eli Grayson, (4/24/2008 11:11:57 AM) Congressman Barney Frank is Chairman of the Committee on Financial Services which is over HUD and Indian Housing. I applaud his efforts on this issue. The message is simple, if you chose to discriminated and bash your tribal members, you will do so without my tax dollars. I hope they will go after the racist policies of the BIA next. BTW folks...the Chairman wants more than anything for the housing bill to pass, its the Cherokees going around saying don't pass the bill if we can't get our share....Don't be fooled, the Cherokee Nation has not only put the Indian Housing Bill in crisis but the Indian Health Bill as well....If you gonna blame anyone, blame on it on the tribe and its leader for creating this madness. They were warned early on that there were critical Indian bills before congress. And no one needed more drama or distraction for getting the bills approved. Now here we are in a mess. We have lost one of the key allies in getting Indian legislation pass in congress and that's the CBC. Now they know the big secret among the 5 civilized tribes (5 slave holding tribes), that we not only owned and traded African slaves but that we still required them to ware the badge of slavery. Wake up people, put the blame at the feet that created this madness. Cherokees lack of voting in their own elections.
	Report Comment Eli Grayson, (4/24/2008 11:19:43 AM) part 1.... Yes they were forced to sign a new treaty with the United States. The Cherokee Nation ended their old treaty and signed a new treaty with the Confederates to protect their slave trade and slave traditions. They threw their hope to the wrong side and lost. To re-establish its government to government relationship back with the United States it had to meet certain conditions and slavery was one among many. Taken from the Cherokee Nation constitution of 1838 and amended because of the reconstruction treaty of 1866; Proclamation by the Principal Chief. (Adopted November 26th, 1866) Whereas the national council adopted certain amendments to the constitution of the Cherokee Nation, and submitted the same to a general convention of the people of the Cherokee Nation, called at Tahlequah on the 26th day of November, A.D. 1866, and which said amendments, with the preamble thereto attached, were in the following words, to wit: Whereas by the treaty executed at Washington on the 19th day of July, A.D. 1866, between the United States and the Cherokee Nation, through its delegation, ratified by the Senate and officially promulgated by the President of the United States August 11, 1866, certain things were agreed to between the parties to said treaty, involving changes in the constitution of the Cherokee Nation, which changes cannot be accomplished by usual mode; and (continue to part 2)
	Report Comment Eli Grayson, (4/24/2008 11:20:37 AM) part 2... Whereas it is the desire of the people and government of the Cherokee Nation to carry out in good faith all its obligations, to the end that law and order be preserved, and the institutions of their government maintained: Therefore, Be it resolved by the national council, That the following amendments to the constitution of the Cherokee Nation be submitted to a convention of the Cherokee people to assemble at Tahlequah on the twenty-sixth (26th) day of November, A.D. 1866, under the proclamation of the principal chief;; and should said amendments, hereto annexed, be ratified by said convention, then they shall be officially published, and declared by the principal chief to be, and shall constitute, a part or parts of the constitution of the Cherokee Nation. Amendments. Amendments to Article II. Sec. 5. ???All native-born Cherokees, all Indians, and whites legally members of the nation by adoption, and all freedmen who have been liberated by voluntary act of their former owners or by law, as well as free colored persons who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within six months from the 19th day of July, 1866, and their descendants who reside within the limits of the Cherokee Nation, shall be taken and deemed to be citizens of the Cherokee Nation. Smith Christie, President of the National Committee. Approved: Will P. Ross (continue to part 3) Reply Favorite Flag as abusive Posted 11:55
	Report Comment Eli Grayson, (4/24/2008 11:22:44 AM) part 3... At a general convention of the people of the Cherokee Nation, held at Tahlequah, Cherokee Nation, on the 28th day of November, A.D. 1866, for the purpose of taking into consideration the foregoing amendments to the constitution of the Cherokee Nation, and whereof Riley Keys, chief justice of the supreme court, was chosen president, and Budd Gritts secretary, the said amendments to the constitution of the Cherokee Nation were read, considered, and severally approved and adopted by the Cherokee people. In testimony whereof the president and secretary of said convention have subscribed the same at Tahlequah, Cherokee Nation, on this the 28th day of November, A.D. 1866. Riley Keys, President of the Convention. Budd Gritts, Secretary. And whereas the said foregoing amendments to the constitution were duly submitted to said general convention of the Cherokee people, and were severally read, considered, and adopted on the 28th day November, A.D. 1866: Now therefore, Be it known, That I, William P. Ross, principal chief of the Cherokee Nation, do issue this my proclamation, declaring said amendments to be a part of the constitution of the Cherokee Nation. In testimony whereof I have hereunto subscribed my name this 7th day of December, A.D. 1866. Will. P. Ross, Principal Chief stop
	Report Comment Jason, Tulsa (4/24/2008 11:43:49 AM) It's true, the BIA should be abolished. If you stop and think about it, isn't it inherently racist that the U.S. government is STILL telling tribes they aren't smart/capable/intelligent enough to run their own affairs? It's 2008 people. Time for the U.S. govt. to back away from Indian affairs.
	Report Comment to Eli Grayson, (4/24/2008 11:48:41 AM) Eli, Freedmen descendants should not be tribal members. What is so wrong with having to be an Indian to belong to an Indian tribe??? I am not African-American, therefore, I would never be allowed to join the CBC. In fact, a white lawmaker did try to join the CBC once because he represented a large faction of African-Americans. Know what the CBC said? NO. So they know a thing or two about excluding people based on what an organization is and is not. I'm a card-carrying Native American, but my mother isn't. She would love to be Indian, and probably is, but cannot prove it. Should she be allowed to join up too? There are tons of people who are obviously Indian and can't prove it, therefore they lack citizenship. Why should the Cherokee Nation let in people who can't even show that they are Indian, and keep out those who can show they are Indian, yet lack the requirements for citizenship? Doesn't make any sense....
	Report Comment informeddissent, (4/24/2008 12:07:24 PM) The California tribes are disenrolling their members and none of the CBC california members have raised a peep about this. It's because they view the Freedmen as African Americans, their constituency, and not Native Americans. They view the disenrolled Native Americans in California as people outside of their constituency, read not African Americans. If they were concerned about treaty violations and unfair treatment, they would be including california native americans in their argument. They don't and therefore they are sanctimonious and hypocritical.
	Report Comment Eli Grayson, (4/24/2008 12:16:40 PM) To #27...the CBC is not a NATION, my goodness whats wrong with you. Try thinking before responding. We are talking about nations and nationality. The Cherokees, Creeks, Seminoles, Choctaws and Chickasaws owned African slaves for hundreds of years....even before the United States existence...what happen to the American slaves after they were freed....they got US citizenship....what happen to the Cherokee slaves after they were freed, they received Cherokee citizenship....its really not hard to understand this if you drop your stereotyping of all Indian people are the same. By the way I think Hitler said the same thing you said...whats wrong with all white nation..... Folks wake up! We are different nationalities with different histories, we speak different languages and at one point had different gods.....stop putting us in one Indian pot. Only 5 of the tribes had African slaves and laws that regulated slavery. The Navajos, Apache and the rest did not and therefore treaties are different.....The 5 civilized tribes treaties were different because of their African slavery history..... BTW, would it be okay if the governor of Mississippi kick all non-whites out the state..... You know it was not that many years ago when white people wanted this nation to be all white...how would you like those days back?
	Report Comment THE COURTS DECIDED THIS CASE!, Oklahoma (4/24/2008 12:18:06 PM) CHAD SMITH KEEPS SAYING "LET THE COURTS DECIDE THIS CASE!", BUT THE CHEROKEE SUPREME COURT ALREADY DECIDED FREEDMEN ARE CHEROKEES AND HE INGNORED THAT DEICISION BECAUSE IT DIDNT' GO THE WAY HE WANTED IT TO. SMITH IGNORES THE CHEROKEE COURTS DECISIONS AND HE ALSO STRIPS OTHER TRIBES OF THEIR FEDERAL FUNDS LIKE HE DID THE DELAWARES SO WHAT'S THE BIG DEAL? PEOPLE ARE TIRED OF SMITH BEING A RUTHLESS DICTATOR. HE'S ONLY GETTING BACK WHAT HE DID TO THE DELAWARE'S FEDERAL FUNDING AND RECOGNITION AND OTHER TRIBAL LEADERS ARE TOO IGNORANT TO SEE THIS! THIS IS THE ONLY WAY SMITH CAN GAIN CONTROL OVER ANTHER GROUP ADOPTED BY THE TREATY OF 1866 (THE FREEDMEN) SO HE'S NOT GIVING UP. SMITH DOESN'T CARE IF ANOTHER TRIBE'S FEDERAL RECOGNITION IS TAKEN AWAY BUT WHEN IT COMES TO CHEROKEE NATION HE DOES BECAUSE HE DOESN'T WANT HIS MONEY CUT OFF! HE'S RUINED THE SHAWNEES WHEN THEY SEPERATED FROM CHEROKEE NATION, HE'S ATTEMPTING TO DO EVEN MORE DAMAGE TO THE DELAWARES BY WANTING CONTROL OF OUR FEDERAL FUNDING NOW, AND WE SAID "NO!" THE OTHER TRIBAL LEADERS ARE ONLY JUMPING ON SMITH'S BANDWAGON BECAUSE HE'S USING SCARE TACTICS BY TELLING INDIAN LEADERS CONGRESS WILL DO THIS TO EVERY TRIBE IF IT HAPPENS TO CHEROKEE NATION. AND THE WATSON BILL DOES NOT MENTION TERMINATING THE CHEROKEE TRIBE, IT WILL ONLY CUT FEDERAL FUNDING, THE SAME THING SMITH DID TO THE DELAWARES!

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