‘The Principal Chief will direct appropriate offices and staff within the executive branch to not allow any individual, company or any other entity to restrict ingress/egress access to any Cherokee Nation property, to not allow any encroachment on any Cherokee properties whatsoever and if any entity has restricted ingress/egress or encroached on Cherokee Nation property to begin negotiations or legal proceedings to resolve ingress/egress problems, or remove encroachments on Cherokee Nation property,” the legislation states.
During the March 21 Rules Committee meeting, Tribal Councilor Dick Lay said he’s thought about the “protection” of tribal property since the tribe began purchasing more land.
“I’ve been thinking about this for years now, since we’ve started purchasing more property in the Cherokee Nation…the protection of our property and our lands, whether it be trust…or anything else,” he said. “I’ve checked with our legal counsel and with the assistant AG (attorney general) to make sure that this act does not interfere with any previous acts or resolutions or any other work that we’ve done previously in granting easements and that sort of thing.”
The bill follows the legislators rejecting a resolution in January to lease 190 acres of trust land in Adair County to Hunt Mill Hollow Ranch. The ranch is a hunting resort, and its owner wanted to lease the acreage to resolve a trespassing issue with the tribe. After purchasing approximately 5,000 acres nearly a decade ago, the ranch owner fenced in his property as well as CN trust land.
Tribal Councilor Dick Lay, second from left, reads an act relating to protecting land the tribe owns during the April 10 Tribal Council meeting in Tahlequah, Oklahoma. The bill authorizes the administration to prevent ingress, egress or encroachment on tribal properties. STACIE GUTHRIE/CHEROKEE PHOENIX
Within that timeframe, Buel Anglen led all legislators in attendance of Tribal Council and committee meetings at 99.3 percent. Anglen attended 147 of 148 meetings.
According to Tribal Council records, Tribal Council meetings consist of regular monthly meetings, which are scheduled for the first Monday after the second Saturday, and any special meetings. Committee meetings are a combination of meetings of all seven standing legislative committees: Community Service, Culture, Education, Executive & Finance, Health, Resources and Rules.
Tribal Council records also state that all legislators serve on all committee except for Bryan Warner and David Walkingstick. They are not members of the Culture Committee. Also, Frankie Hargis joined the Culture Committee during its second meeting, records state.
Joe Byrd and Keith Austin reached 98.6 percent in attendance while Jack Baker garnered 97.2 percent.
In July 2015, U.S. Forest Service cultural resource managers notified higher-ranked Forest Service officials that they had discovered damage made in 2014 to a site on a Trail of Tears section. The damage consisted of holes dug by a bulldozer and other heavy equipment.
“At that site, 35 large holes were dug into the historic Trail of Tears to create large, earthen berms,” Sheila Bird, Cherokee Nation special projects officer, told the Cherokee Phoenix in 2016. “They used bulldozer and other heavy equipment, and this earthmoving resulted clear and extensive damage to the historic national trail.”
She added that Forest Service employees did the work and claimed that it was done for erosion control and to prevent areas of the Trail of Tears from washing out.
“This is a well-known and mapped Trail of Tears path, but it was not marked because it was privately owned. This land was purchased by Conservation Fund and held for the U.S. Forest Service,” she said. “The District Ranger failed to follow federal laws requiring consultation with Indian tribes. The Forest Service has acknowledged fault and committed to restoring the site.”
During the Feb. 21 Tribal Council meeting, Tribal Councilor Jack Baker, center, reads legislation that asks for acceptance of an apology from the U.S. Forest Service Southern Region for damages to a Trail of Tears site in the Cherokee National Forest near Coker Creek, Tennessee. JAMI MURPHY/CHEROKEE PHOENIX
With Tribal Councilors Curtis Snell and Wanda Hatfield absent, legislators added $76,837 to the capital budget for a total budget authority of $277.8 million. Officials said the increase came from a carryover environmental review for roads projects.
Legislators also increased the FY 2017 operating budget by $132,762 for a total budget authority of $664.5 million. Officials said the increase stems from grants received and authorized carryover reconciliation, new funding awards and an ending grant.
In other business, Deputy Chief S. Joe Crittenden honored three Cherokee veterans with Cherokee Warrior Awards for their military service.
Dale Leon Johnson was drafted in 1967 and sworn into the Army at Fort Polk, Louisiana. In 1968 he was transferred to Fulda, Germany, serving with Company C 19th Maintenance Battalion USAUR as a tank mechanic. He was honorably discharged as Specialist 4 in 1973. He and his wife Patricia have been married for 51 years and he recently retired from AEP/PSO after 37 years working as a lineman.
Tribal Councilor Janees Taylor reads a legislative act to amend the tribe’s comprehensive capital budget for fiscal year 2017 at the Jan. 16 Tribal Council meeting at the W.W. Keeler Complex in Tahlequah, Oklahoma. LINDSEY BARK/CHEROKEE PHOENIX
Hembree was reappointed for a period of five years from January 2017 to January 2021 after being re-nominated by Principal Chief Bill John Baker.
Hembree was first appointed to serve as attorney general in January 2012. Previous to that he served as the attorney for the Tribal Council for 12 years.
“I am very honored to be afforded the opportunity to serve the Cherokee Nation for another term as attorney general. However, the many successes that this office has had over the last several years has only been made possible due to the dedication and hard work of the staff,” Hembree said. “The Cherokee people are very fortunate to have such a group working for them.”
Legislators also unanimously approved Sheryl Rountree, of Tahlequah, to serve a five-year term on the Sequoyah High School board of education. Tribal Council approval is needed because the tribe operates the school. Rountree will serve from December 2016 to December 2021.
According to the resolution, the tribe “since time immemorial has exercised the sovereign right of self-government on behalf of the Cherokee people…” and “the Cherokee Nation encourages economic development and acknowledges renewable energy resources are necessary to prevent land and air pollution as an alternative to the use of fossil fuels and is part of our long-term solution toward energy sustainability.”
“Be it resolved by the Cherokee Nation that the Council recognizes that Chilocco Wind Farm, LLC will obtain debt financing and equity investments to fund the wind resource infrastructure project and that it is necessary to grant a limited waiver of sovereign immunity for the sole purpose of allowing Chilocco Wind Farm, LLC to initiate causes of action against the Cherokee Nation in the event of default under the terms of the Wind Resource Lease Agreement,” the legislation states.
Cherokee Nation Tribal Councilors Dick Lay and Buel Anglen both discussed openly why they would vote against the legislation.
“I think it’s going to essentially destroy our Chilocco property. It’s our trust property the only trust and only property we have left of the old Cherokee Outlet,” said Lay. “It’s impossible for me to vote for a waiver of sovereign immunity so that some foreign controlled windmill company can get a bank loan. I just can’t bring myself to do that.”
During the Cherokee Nation Tribal Council meeting in October Tribal Councilor Jack Baker discusses his reasons for not supporting the wind farm project that will be built on the Chilocco Indian School property. JAMI MURPHY/CHEROKEE PHOENIX
With Tribal Councilors Harley Buzzard and Rex Jordan absent, Tribal Councilors David Walkingstick, Dick Lay, Jack Baker, Shawn Crittenden, Don Garvin and Buel Anglen voted against adding the wind farm legislation to the agenda.
According to the resolution, the Tribal Council had previously authorized Cherokee Nation Businesses to obtain “grant funding to support feasibility studies as to the development of wind energy within the jurisdiction of the Cherokee Nation.” It also states that it would be “economically advantageous” for CN to create wind energy resources in Kay County on its Chilocco trust property.
“We’re looking for alternative energy,” Tribal Council Speaker Joe Byrd said. “It’s on the heels of the Dakota pipeline issue where we protect our land, we protect our resources.”
Byrd said some Tribal Councilors were not in favor of building a wind farm in the Chilocco area and wanted to keep the land untouched.
Tribal Councilor Bryan Warner, right, reads a resolution regarding the Cherokee Nation’s membership to the National Congress of American Indians at a Sept. 12 Tribal Council meeting in Tahlequah, Oklahoma. LINDSEY BARK/CHEROKEE PHOENIX
The act is to protect employees from “retaliatory action” when participating in “protected activities” such as reporting alleged wrongdoing of a co-worker, supervisor or elected official.
The vote passed unanimously with Tribal Councilor Wanda Hatfield absent.
During the July 12 Rules Committee meeting, Assistant Attorney General Chrissi Nimmo said the act would replace the one that legislators repealed in 2012.
“When the Ethics Act was amended in, I believe, 2012 it was included in the language… this repeals Title 28. When you repeal a title you repeal all of the title,” she said. “No one caught that at the time that the Ethics Act was passed…It should have said it repeals this section of Title 28, but what it said was it repeals Title 28. When the new Ethics Act was passed…it took out the whistleblower language.”
Attorney General Todd Hembree said major changes involve creating causes of actions and procedures designed to modernize the court system.
“There was an increase to statute of limitations, which is the time frame in which a Cherokee citizen can bring a cause of action,” Hembree said. “Previously, most cases could be brought within two years. Now most cases can be brought within five years, with some having a three-year limitation.”
According to legislation, civil actions, other than for the recovery of real property, can only be brought within the following periods after the cause of action shall have accrued and not afterwards:
• Within five years: an action upon any contract, agreement, or promise in writing,