Principal Chief Chad Smith, left, discusses a topic during the Cherokee Phoenix principal chief debate earlier this year as Smith's challenger, Tribal Councilor Bill John Baker, watches. On July 29, Smith set Sept. 24 as the date for the rescheduled principal chief election. PHOENIX ARCHIVE

Election for principal chief set for Sept. 24

BY WILL CHAVEZ
Senior Reporter
07/29/2011 06:21 PM
TAHLEQUAH, Okla. – Principal Chief Chad Smith has set Sept. 24 as the date for the Cherokee Nation’s rescheduled principal chief election.

The election is a result of a July 21 order from the tribe’s Supreme Court, which found that it was impossible to determine the winner of the June 25 general election with “mathematical certainty.”

Smith said the CN Election Commission recommended the date to best allow tribal citizens to fully participate in the election.

“The commission thought that gave enough time to notify our citizens of the dates important to the election, including a period of time for voters to request absentee ballots,” he said.

Smith said Sept. 24 also gives the EC and Tribal Council a chance to address election-related issues while still having an election quickly.

Smith’s challenger, Tribal Councilor Bill John Baker, said he’s pleased that Smith has “finally decided to heed the will of the Cherokee people and set a date for the new election.”

“As Smith’s own running mate Chris Soap said just the other day, the Cherokee people have decided to take our Nation in a ‘different direction,’” Baker said.

Smith’s term as principal chief expires Aug. 14, which is the constitutionally mandated inauguration day for CN elected officials. Deputy Chief-elect Joe Crittenden will take his oath of office that day and assume the duties of principal chief until a new chief is sworn in after the rescheduled election.

According to a July 28 opinion from the tribe’s attorney general, all CN citizens who were registered to vote in the general and runoff elections will be eligible to vote Sept. 24.

The opinion states that tribal election law ends voter registration for an election year on March 31 of that year. So citizens who registered to vote after that deadline won’t be eligible to vote in the rescheduled election.

The opinion also states that the rescheduled election is part of the same election cycle as the general and runoff votes. Therefore, any donor who donated $5,000 in monetary or in-kind donations to a candidate cannot donate further to that same candidate.

According to the EC, registered voters who may not be able to vote in person for the rescheduled election can request an absentee ballot from Aug. 1-12. The EC also states that all voters who requested an absentee ballot in the general and runoff elections will automatically be sent a ballot for the Sept. 24 election and will not need to request a ballot again.

Absentee ballots will be mailed Aug. 29-30. Early walk-in voting is slated for Sept. 17 and 20-22 at the Election Services Office located at 2116 S. Bald Hill Road in Tahlequah.

For more information, call the EC at 918-458-5899 or toll free at 1-800-353-2895 or email election-commission@cherokee.org.

will-chavez@cherokee.org • 918-207-3961

About the Author
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.
WILL-CHAVEZ@cherokee.org • 918-207-3961
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.

News

BY JAMI MURPHY
Reporter
08/31/2015 12:00 PM
DURANT, Okla. – Cherokee Nation citizen Emalea Hudgens, a junior at Southeastern Oklahoma State University and a double major in psychology and music, recently spent a semester studying at the Swansea University, a public research university based in Wales of the United Kingdom. Hudgens received the title of Brad Henry International Scholar in 2014 and she studied abroad this past spring. The Jay native is a Cherokee Nation citizen and Harvey Scholar recipient. She is also a Savage Storm Leader and was selected to be in the President’s Leadership Class for 2012-13. Hudgens is a member of the Southeastern Chorale, Sparks Dance Team and Sigma Sigma Sigma sorority, according to the SOSU Communications Department. “I am very blessed and excited to get this opportunity to study abroad and become immersed in a different culture,’’ Hudgens said to the Southern, the SOSU newspaper. “It has been a life-long dream of mine to travel the world, and I cannot wait to share the stories and experiences with family and friends.” Hudgens said she felt fortunate to have studied overseas. “It has always been a dream of mine to study abroad and to live in Europe for a period of time. I hope to learn about their culture and get opportunities to work there myself, getting the experience that I need to do so. I just think it would be cool to work in a different culture.” She told the Cherokee Phoenix she was nervous to leave Oklahoma and live in a culture different than hers. “To say the least, it turned out to be the most life-changing experience. During my stay in Wales, I travelled to 11 different countries across Europe,” she said. “It was amazing to see the different cultures and the different people. I came to find people were very interested in hearing about the American culture and they found it fascinating to learn that I was a member of the Cherokee Nation.” Hudgens said studying abroad opened her eyes to many ideas about the world. “It is common to think the world is scary, but it is also very beautiful and filled with beautiful things,” she added. “Since travelling, I have created a passion to want to continue to travel and go see more of the world. I encourage everyone to travel if they get the opportunity.”
BY JAMI MURPHY
Reporter
08/31/2015 10:00 AM
NEWKIRK, Okla. – The Cherokee Nation, with the approval of five other tribes, negotiated a lease of more than 8,000 acres to Weatherby Energy for oil and gas exploration at the former Chilocco Indian School in Kay County. CN Real Estate Services Director Ginger Reeves said meetings were held between the CN and Kaw, Pawnee, Ponca, Otoe-Missiouria and Tonkawa tribes in 2009. “Public Law 99-283 in the Federal Register grants Cherokee Nation the authority to lease the trust acres,” she said. “The leases are recorded at the Kay County Clerk’s Office in Newkirk, Oklahoma.” According to CN Resolution 134-09, Reeves said then Principal Chief Chad Smith and the Tribal Council approved a resolution to lease the property. “Regarding the referenced lease, the six Chilocco tribes’ trust lease was approved April 4, 2011, and has until April 4, 2016, to drill and produce or expire. Samson Resources Company, the current lessee, is in the process of assigning the lease to a Texas group (MPG Energy Inc., a subsidiary of Weatherby Energy.) Real Estate Services is processing that assignment approval through the BIA,” she said. Weatherby Energy has received Bureau of Indian Affairs approval for this assignment, officials said. The Cherokee Phoenix attempted to contact Weatherby Energy but did not receive a response as of publication. The Chilocco properties are trust and fee lands and the lease covers both. “The fee land lease will expire Nov. 5, 2015, unless they drill and produce. This fee lease was also recently assigned by Samson to the Texas group. Real Estate Services is processing the assignment for Cherokee Nation approval,” Reeves said. “Both leases were five-year leases and are filed in Cherokee Nation Title Plant. There is also a smaller acreage lease on fee lands at Chilocco with another oil company, which was in place before the lease started.” When the previous leases ended in the early 1990s, Reeves said it covered 320 acres and leased for $11,520 over a three-year term. She said it lasted longer because of oil and gas being produced in “paying quantities” from the property. Officials said the CN receives $8,736.30 on trust property annually plus $6,985.23 on fee property for a total of $15,721.53. A total of 8,152.61 acres are under lease with more than 5,000 acres being trust land and more than 2,300 acres in fee.
BY TESINA JACKSON
Reporter
08/31/2015 08:21 AM
MUSKOGEE, Okla. – Cherokee Nation officials have filed a lawsuit against the pharmaceutical company Johnson & Johnson and its subsidiary Janssen Pharmaceuticals Inc. claiming the companies misbranded the drug Risperdal and failed to disclose risks posed to elderly patients. According to drugs.com, Risperdal is an antipsychotic medicine and is used to treat schizophrenia and symptoms of bipolar disorder and manic depression. Risperdal is also used in autistic children to treat symptoms of irritability. Initially filed by the tribe in April in Sequoyah County, where the drug was distributed at the Redbird Smith Health Center in Sallisaw, the suit was moved in July to the U.S. District Court for the Eastern District of Oklahoma in Muskogee. According to court documents, the CN claims the companies admitted to selling the “misbranded” drug for unapproved uses more than a decade ago, during the time the tribe purchased it. The tribe also claims that from 1999 through 2005, the companies sold Risperdal for uses that were not approved as safe and effective and between March 3, 2002 and Dec. 31, 2003, the CN purchased the drug after the defendants expressed that the drug was not misbranded. The suit also claims negligence, breach of warranty, unjust enrichment and violation of the Oklahoma Consumer Protection Act on the part of the companies. Court documents state the tribe “is entitled to restitution to the extent of the increased revenue received by defendants from Risperdal prescriptions that were purchased or reimbursed by the Cherokee Nation and which resulted from the sale of misbranded Risperdal.” The tribe is asking for a judgment of $75,000 for “attorney fees, civil penalties and all other relief this court deems just and equitable.” “The crux of our case is that unbeknownst to us, this drug is a bad drug,” CN Attorney General Todd Hembree said. “We prescribed it through our clinics to our citizens. We now know it’s a bad drug and we don’t do it anymore, but as a result of it damaging our citizens, we incur the extra costs of having to take care of those citizens. Money that we otherwise would not have spent if it had not been for this bad drug.” Currently, no hearing has been scheduled. In 2013, Johnson & Johnson and Janssen Pharmaceuticals Inc. reached a $2.5 billion settlement with the U.S. Justice Department over the marketing of the antipsychotic drug for failing to warn that it could cause gynecomastia, which is abnormal development of breasts in males. Former Food and Drug Administration Commissioner David Kessler served as an expert witness for the family that issued the lawsuit and testified that Johnson & Johnson knew about the risks associated with Risperdal but failed to disclose the data showing the extent to which youth may develop gynecomastia. According to the Wall Street Journal, lawsuits continue to be filed against Johnson & Johnson and Janssen Pharmaceuticals Inc. across the country. The Cherokee Phoenix attempted to get a comment from Johnson & Johnson and Janssen Pharmaceuticals but was unsuccessful. <a href="http://www.cherokeephoenix.org/Docs/2015/8/9571_nws04_150814_JJSuit.pdf" target="_blank">Click here to view</a>the lawsuit.
BY STAFF REPORTS
08/27/2015 04:00 PM
LONGMONT, Colo. – The First Nations Development Institute is accepting applications for five $1,000 Native Agriculture and Food Systems Scholarships until Sept. 30. The program is to encourage more Native American college students to enter agricultural-related fields so they can one day assist their communities with food production, improving health and nutrition and eliminating food insecurity, according to the organization’s website. The scholarship can be used in degree fields such as agribusiness management, agriscience technologies, agronomy, animal husbandry, aquaponics, fisheries and wildlife, food production and safety, food-related policy and legislation, horticulture, irrigation science, plant-based nutrition and sustainable agriculture or food systems. Scholarship applicants must be a full-time undergraduate student majoring in agriculture or an agricultural-related field, be Native American with proof of tribal enrollment, have at least a 3.0 GPA and demonstrate a commitment to helping their community reclaim local food-system control. Applicants are also required to submit an enrollment verification form, unofficial transcript, letter of recommendation from a faculty member and a 250-500 word essay addressing how their degree program will help regain control over their local food and explaining how the money would be used. The FNDI’s mission is to strengthen American Indian communities by investing and creating institutions and models that support economic development. To apply, visit <a href="http://www.firstnations.org/grantmaking/scholarship" target="_blank">www.firstnations.org/grantmaking/scholarship</a>. For more information, call 303-774-7836 or email <a href="mailto: ktallmadge@firstnations.org">ktallmadge@firstnations.org</a> or <a href="mailto: mwhiting@firstnations.org">mwhiting@firstnations.org</a>.
BY ASSOCIATED PRESS
08/27/2015 02:00 PM
BILLINGS, Mont. (AP) – A Wyoming company has entered a partnership to develop a Washington state coal port for shipments of the fuel to Asia, in a deal that gives Montana's Crow Tribe the future option of a 5 percent stake in the project. Cloud Peak Energy paid $2 million up front and will pay up to $30 million to cover permitting expenses for the Gateway Pacific Terminal, in exchange for a 49 percent stake in the project, spokesman Rick Curtsinger said Friday. The port in the Puget Sound, just south of the U.S.-Canada border, would accommodate almost 60 million tons a year of coal and other commodities. Cloud Peak, based in Gillette, plans to construct a major mine on the Crow Reservation. Coal companies hope exports to Asia will shore up their industry, which has been battered by competition from cheap natural gas and more stringent restrictions on pollution caused by burning the fuel. Port sponsor SSA Marine retained a 51 percent ownership in the project. The tribe's stake in the port would come out of Cloud Peak's share, and Curtsinger said there is no upfront financial obligation for the Crow. However, if the Crow exercises its ownership option, the tribe would be responsible for 5 percent of construction financing, Curtsinger said. Washington state's Lummi Nation has pressed the U.S. Army Corps of Engineers to deny the project's permit because it would disrupt the tribe's fishing practices. The proposal also has met strong opposition from environmental groups worried about the greenhouse gases and other pollutants produced by burning coal. Crow Chairman Darren Old Coyote said the deal still needs approval from the tribal Legislature. Construction of the port would make it easier for Cloud Peak to develop and mine coal on the reservation, he said. "It's basically a low-risk, 5 percent stake," he said. Construction costs for Gateway Pacific have been estimated at $700 million, although that could change depending on any conditions attached to pending permits from state and federal agencies, said SSA Marine Senior Vice President Bob Watters. Watters said environmental studies on the proposed port could be done by the end of 2016. The ownership agreement gives Cloud Peak the right to exit the deal during the permitting phase and return its interests to SSA Marine. A previous deal gave Cloud Peak the option to move almost 18 million tons of coal annually through the port.
BY STAFF REPORTS
08/27/2015 12:00 PM
BILLINGS, Mont. – The Professional Indian Horse Racing Association has launched a new website where Indian Relay fans will find everything they need to know about the current relay season, including PIHRA team members and current standings, as well as hotel, ticket and sponsor information for the All Nations Championships. This year, the All Nations Indian Relay Championships will be held Sept. 17-20 at the historic MetraPark Grandstands in Billings. The top teams representing 15 Indian nations will compete for more than $75,000 in money prizes, expenses and the coveted Champions’ Jackets and Belt Buckles. PIHRA was founded to promote Indian Relay, horsemanship and safety and has developed a season-long championship series, culminating with the All Nations Indian Relay Championships. There were 17 founding teams in 2013. Today, PIHRA membership is expected to exceed 60 teams. The teams come from Washington, Oregon, Idaho, Utah, Montana, South Dakota and Canada. The tribes represented in relay include Oglala Lakota Sioux, Northern Cheyenne, Blackfeet, Crow, Shoshone-Bannock, Eastern Shoshone, the Colville Confederated Tribes and the Umatilla Confederated Tribes. For more information, visit the new website at <a href="http://www.letsrelay.com" target="_blank">www.letsrelay.com</a>.