In this Dec. 17, 2009, photo, Elouise Cobell, right, looks on as Deputy Secretary of the Interior David Hayes testifies during a Senate Indian Affairs Committee hearing in Washington, D.C. Native Americans who sued the federal government over lost royalties have been waiting nearly 15 years for the $3.4 billion settlement Congress passed in November. EVAN VUCCI/AP PHOTO

Indian Trust Settlement deadline approaches

BY STAFF REPORTS
03/30/2011 07:45 AM
WASHINGTON – A court-ordered process of notifying individual Indians of their legal rights in the historic $3.4 billion class action settlement, Cobell v. Salazar, is coming to a close.

The settlement resolves claims related to Individual Indian Money accounts and interests in land held in trust or restricted fee by the federal government for the benefit of individual Indians.

Class members throughout the country have received detailed information about their legal rights and options via U.S. mail and through an extensive media campaign, which included Native American print media, television and radio ads and online advertising.

Class members who received a formal notice in the mail about the settlement and who are receiving IIM account statements do not have to do anything to receive payment. Individuals who believe they should be part of the settlement but did not receive a notice in the mail or are not receiving IIM account statements need to fill out a claim form as soon as possible, available at the Indian Trust website www.IndianTrust.com or by calling toll-free 1-800-961-6109.

Class members who wish to keep their rights to sue the federal government over mismanagement claims covered by the settlement must exclude themselves from the settlement by April 20. Class members can also submit written comments or objections about any settlement terms that concern them by April 20.

The settlement provides a $1.5 billion fund to compensate an estimated 500,000 affected individual Indian trust beneficiaries who have or had IIM accounts or hold an interest in trust or restricted land. It creates two classes of members eligible to receive money from the fund – the Historical Accounting and the Trust Administration classes.

The Historical Accounting Class comprises individual Indians who were alive on Sept. 30, 2009, who had an open IIM account anytime between Oct. 25, 1994 and Sept. 30, 2009, and whose account had at least one cash transaction.

The Trust Administration Class comprises individual Indians alive on Sept. 30, 2009, who had an IIM account at any time from 1985 through Sept. 30, 2009, recorded in currently available electronic data in federal government systems, as well as individual Indians who, as of Sept. 30, 2009, had a recorded or demonstrable interest in land held in trust or restricted status.

The estates of deceased class members will also receive a settlement distribution if the deceased beneficiary’s account was open as of Sept. 30, 2009, or their land interest was open in probate as of that date. Other eligibility conditions and requirements for each class are detailed in the settlement agreement.

Under the settlement agreement, $1.9 billion will fund a Department of the Interior program to buy fractionated interests in trust or restricted land from willing sellers to benefit tribal communities and aid in land consolidation. Depending on the level of participation in the land consolidation program, up to $60 million will be set aside to provide scholarships for higher education for American Indian and Alaska Native youth.

The website and toll-free number are available to provide more information about the settlement and the legal rights of class members. Individuals who are unsure whether they are included in the settlement should visit the website or call for more information.

News

BY JAMI MURPHY
Reporter
05/26/2015 02:00 PM
MUSKOGEE, Okla. – The Bureau of Indian Affairs Eastern Oklahoma Regional Office released a letter on May 11 to Principal Chief Bill John Baker that states it declined to approve LA-04-14 and LA-26-14, both amendments to the tribe’s election laws. Cherokee Nation Attorney General Todd Hembree said the decision to decline to approve the amendments will not interfere with the tribe’s upcoming election. “We will have an election June 27,” Hembree said. “I want to be very clear on that.” The Regional Office offered comments regarding how it reached its decision. “Because LA-04-14 is so extensively intertwined with the appropriate provisions within the 1999 Constitution, it is impossible to propose revisions to LA-04-14 to reference appropriate provisions within the 1976 Constitution,” the letter states. “Because LA-04-14 purports to be based on the authority in a Constitution which the Regional Office does not recognize, we decline to approve LA-04-14.” The Regional office also referred to the term “citizen of the Cherokee Nation” stating that provisions in LA-04-14 indicate that only persons of Cherokee blood are tribal members. “Given the extensive litigations regarding the Freedmen, the Regional Office cannot approve LA-04-14 because to do so may imply recognition of removal of the Freedmen as citizens,” the letter states. And finally, in regards to absentee voter rules in LA-26-14, the letter states that it is an amendment to Title 26 of the Cherokee Nation Code Annotated. “Approving LA-26-14 may be interpreted as approving LA-04-14; therefore, we decline to approve LA-26-14,” it states. Hembree said tribal officials met with the BIA and Department of Justice to seek clarification of the letter and to also present additional information and as well as inform the bureau on action the CN has taken to resolve certain issues. “We had a very fruitful communication last week and the Bureau of Indian Affairs is considering additional information that we’ve given them and we look forward to a clarifying letter coming from the bureau really soon,” Hembree said. He said the information shared with the bureau included the efforts made by the CN to resolve the Freedman issue, including having the case tried on its merits, which occurred in May 2014. “We have expected to have a decision on this matter and it is at no fault to anyone. We don’t have it. That is information that the BIA did not consider in its initial letter nor did they consider the fact that they have previously approved the election procedures that are substantially the same back in 2011.” The possibility of the act remaining unapproved by the BIA and requiring the CN to revert back to the original law prior to the amendments made in 2011 are uncertain at this time. “That has yet to be determined, but there have been no substantial changes as to the election law since they were previously approved in September 2011,” Hembree added. “We expect to hold our elections on June 27 under the laws that have been passed by the Cherokee Nation to date.” <a href="http://www.cherokeephoenix.org/Docs/2015/5/9290_nws_150526_BIA_document.pdf" target="_blank">Click here to view</a>the letter from the U.S. Department of the Interior Bureau of Indian Affairs.
BY ASSOCIATED PRESS
05/26/2015 12:00 PM
DALLAS (AP) – A long-lost silent film admired by historians as a rare visual account of Native American customs is being released after a private detective in North Carolina stumbled across a damaged copy. “The Daughter of Dawn” - first screened in Los Angeles in 1920 - features a large cast of Comanche and Kiowa people and shows scenes of buffalo hunting and ceremonial dances obscured by time. The copy, discovered more than a decade ago, has been restored and was screened in Texas this week, ahead of its commercial release later this year. “We were just so stunned that it existed,” said Jeff Moore, a project director for the Oklahoma Historical Society, which purchased reels of the film from the detective in 2007. The delicate restoration work took years, and an orchestral score was completed in 2012. A year later the Library of Congress added the movie to its National Film Registry, describing the work as “a fascinating example of the daringly unexpected topics and scope showcased by the best regional, independent filmmaking during the silent era. ...” The same year the movie was first screened, it survived a fire that destroyed the Dallas warehouse where the small Texas Film Co., which produced “The Daughter of Dawn, stored most of its work. Somehow, a copy ended up in the care of a North Carolina resident, who offered five nitrate celluloid reels to the private detective as payment in an unrelated matter, Milestone Film owner Dennis Doros said. The detective then sold the reels of the movie - shot in the Wichita Mountains in southwestern Oklahoma - to the Oklahoma Historical Society for more than $5,000 before Milestone was recruited as the distributor. The historical society retains ownership of the original nitrate film, which is being stored at the Pickford Center for Motion Picture Study in Los Angeles. “It’s a really compelling story for film restoration,” Doros said. “There’s still hope for lost films. How many times do you get to premiere a film 95 years after its production?” An initial screening of the 87-minute, black-and-white film was held this week at an Amarillo library. “The village scenes, the hunting scenes all look very accurate,” Michael Grauer with the Panhandle-Plains Historical Museum told the Amarillo Globe-News. “It’s a little bit Hollywood-ed up. ... But the fact that they used native actors was groundbreaking, really quite astonishing.” Two of the approximately 300 Comanche and Kiowa people in the film, which portrays a fictional love story that also serves as a record of Native-American traditions, are children of legendary Comanche chief Quanah Parker, whose exploits were widely recounted on the frontier. Author S.C. Gwynne, whose book “Empire of the Summer Moon” accounted the rise and fall of the Comanche, said during his research he came across only one film germane to the tribe, a two-reeler western from 1911 called “The Bank Robbery” in which Parker had a role. “I would think that a film featuring only Native Americans would possibly be unique,” he said. “Who at that time only made a film featuring Native Americans? That, to me, is something of great rarity.” Moore said the Oklahoma Historical Society had known about the film because years ago it had obtained the works of a photographer who was on the movie set, but it was thought the film was lost. “This is so visually interesting and it is very much an Oklahoma story because you have two of the premier tribes in the state, and then you have the horse culture,” he said. “It’s so indicative of the southern plains.” Bryan Vizzini, an associate professor of history at West Texas A&M University, said “The Daughter of Dawn” was a striking departure from the racial stereotypes found in films from that time, such as D.W. Griffith’s “The Birth of a Nation.” “And here’s this small independent film company that gets it right,” Vizzini said. “It’s a very un-Hollywood kind of experience.” The film will be released on DVD and Blue-ray, and made available through online outlets.
BY STAFF REPORTS
05/25/2015 08:00 AM
NORMAN, Okla. – Cherokee Phoenix Executive Editor Bryan Pollard has worked for the Cherokee Phoenix since 2003. In March, Vision Maker Media interviewed Pollard in Norman during the Native Media Summit at the Gaylord College of Journalism. The interview covers Pollard’s early career and the founding of Street Roots in Portland, Ore., the early history of the Cherokee Phoenix, the modern Cherokee Phoenix, and the failings of mainstream media in covering Indian Country, and the pioneering use of the Cherokee language in the Cherokee Phoenix. Pollard said the paper made its debut in 1828 and the founding editor Elias Boudinot wanted to create a news source that told stories about the Cherokee people, but not necessarily for the Cherokee people. “He (Boudinot) wanted to demonstrate to the rest of the world that Cherokees were civilized,” Pollard said. “That Cherokees were able to govern themselves, that we were creative, that we were deliberative, that we were humorous, that we had many, many great qualities because at the time – you have to keep in mind – this was just prior to the era of Indian removal. So a lot of tribes were under pressure to be forced out of their homelands and the Cherokees were in the same situation.” Since working for the newspaper, Pollard has helped to expand the audience of the print and digital publication by implementing new products including an electronic newsletter, a radio show and online videos as well as giving the Cherokee Phoenix a presence in social media. “As a result, the Cherokee Phoenix is recognized as one of the best newspapers in the state of Oklahoma and all of Indian Country,” VMM reports. To listen to this broadcast in its entirety visit: <a href="http://www.visionmakermedia.org/listen/bryan-pollard" target="_blank">http://www.visionmakermedia.org/listen/bryan-pollard</a>.
BY STAFF REPORTS
05/22/2015 01:00 PM
OKLAHOMA CITY – A measure by state Rep. Chuck Hoskin that’s intended to provide a degree of protection for highway maintenance vehicles and workers encountered little resistance in the legislature and was signed recently by the governor. House Bill 1113 by Hoskin, D-Vinita, establishes a safety zone around state highway and turnpike maintenance vehicles and employees. Transportation Department records indicate that 57 of their highway maintenance employees have been killed in work zones, while numerous others have been involved in accidents and close calls due to unsafe speed, proximity or inattention. Also, the Turnpike Authority recorded 50 injuries among its toll and maintenance personnel over the past three years, agency spokesman Jack Damrill reported. HB 1113 “may actually enable some hardworking Oklahoma man or woman to return home to his or her family after a tough day on the job,” Hoskin said. The bill sailed through the House unopposed, 96-0, and passed the Senate, 41-3. The bill was co-authored by Rep. Ben Sherrer, D-Chouteau, and was sponsored in the Senate by Sen. Susan Paddack, D-Ada. With the signature of Governor Fallin, HB 1113 goes into effect Nov. 1. The new law will require any driver approaching a parked maintenance vehicle assigned to the Oklahoma Department of Transportation or the Oklahoma Turnpike Authority to move over into another lane, if possible. “If the driver is not able to change lanes, or if to do so would be unsafe,” the motorist should proceed with “due caution” and slow to “a safe speed for the existing road, weather, and traffic conditions.” Such precautions already are mandated by state law when approaching any stationary emergency vehicle such as an ambulance or wrecker that is “displaying a flashing combination” of red and/or blue lights. Similar precautions are required when approaching a location where an Oklahoma Highway Patrol trooper or other law enforcement officer is writing a traffic ticket or working an accident. “For far too long we’ve inadvertently overlooked the real safety concerns of these public servants who put their lives on the line to keep our roadways safe,” Sherrer said. “This measure sends a message that we value their service and want them to be safe while performing their jobs.” A violation of the law will be a misdemeanor offense. For an initial violation, the penalty will be a fine of $5 to $500 or by a 10-day jail sentence. For a second conviction within a year, the penalty will be a 20-day jail term. For a third or subsequent violation within a year, punishment will be a jail sentence of up to six months and/or a fine of up to $500. Hoskin said HB 1113 was prompted by a discussion he had with some highway maintenance workers from his legislative district.
BY STAFF REPORTS
05/21/2015 02:00 PM
The Cherokee Phoenix Editorial Board will be meeting via conference call at 9 a.m. CDT, June 2, 2015. To attend, please use the conference call information listed below. The meeting agenda is <a href="http://www.cherokeephoenix.org/Docs/2015/5/9284_150602_EBAgenda.pdf" target="_blank">here</a>. Dial-in: 866-210-1669 Entry code: 4331082
BY STAFF REPORTS
05/21/2015 11:00 AM
TAHLEQUAH, Okla. – The Tulsa Veterans Center is partnering with the Cherokee Nation to create three new combat support groups at the Cherokee Nation Veterans Service Center. To enroll, veterans need to bring a copy of their DD214 or discharge papers that show their combat service. According to a release, the VSC staff understands the issues combat veterans go through and wish to give a safe and private place for these veterans to be around other veterans who can relate to their experiences. The Combat Support Group meets from 5:30 p.m. to 6:30 p.m. the second and fourth Mondays each month. The Vietnam Combat Support Group meets from 1 p.m. to 2 p.m. the first and third Wednesdays each month. The Women’s Combat Support Group meets from 1 p.m. to 2 p.m. the second and fourth Wednesdays each month. This group is open to any female who has served in a combat zone. Female combat veterans are encouraged to join other female combat veterans to talk about their experiences and to find others who can relate to your experiences. For more information, call Matthew Tiger at 918-453-5693.