Julia Coates

Sovereignty is not a balancing act

BY Phoenix Archives
01/11/2012 10:26 AM
Tribal Councilor

Cherokee Phoenix Senior Reporter Will Chavez is to be commended in his recent reporting of the intimidation Larry Echo Hawk, assistant secretary of the Bureau of Indian Affairs, has directed toward the Cherokee Nation.

The issues are complex and intertwined: United Keetoowah Band applications for land into trust, citizenship of Freedmen descendants and the implementation of the 1999 Constitution. But CN citizens need to be particularly sensitive to the kinds of comments made by the administration in reacting to these intimidations.

The administration’s comments (which have been echoed by at least three members of the legislative branch, as well in emails, committee meetings or personal remarks) leave one with a sense of insecurity about the courage or willingness of this administration to defend the CN’s sovereignty to the utmost.

When Principal Chief Bill John Baker describes the options in front of us as a “balancing act” between how much sovereignty we can manage to maintain without losing federal funding, it represents acquiescence to the intimidation of federal agencies. The administration and the Tribal Council need to remember that the federal courts can trump the attempted maneuvers of federal agencies.

It is important for CN citizens to remember that when we are presented with only these two options – either capitulate to the demands of federal agencies or lose funding – we are being presented with a false choice. There is a third option, and the CN has understood this for decades. Under several previous administrations, the CN has refused to limit or reduce its level of inherent sovereignty. The removal of bureau approval authority over our constitutions has been only one of several recent actions reflecting that strong stance on the part of the Nation.

In the past 20 years, the CN has been involved in cases with the Delaware Nation over appropriation (with BIA complicity) of CN jurisdictional areas. It has likewise been involved in similar issues with the UKB (with whom the BIA is also presently colluding). For more than 30 years, the CN has been involved in both tribal and federal litigation with the descendants of Freedmen over their demands for citizenship. And we already have a court decision dating to 1976 (Harjo v. Kleppe) regarding the inappropriateness of the bureau’s exercise of constitutional approval authority over non-Oklahoma Indian Welfare Act tribes such as the CN.

CN citizens need to remember that in every instance, without exception, the CN has prevailed in the federal courts on all of these issues. And we have every expectation that those precedents will control future federal decisions, as long as we stay the course. But even if they do not, it would be unconscionable for the CN to not even try to defend its sovereignty to the greatest possible extent.

Yes, we are tired of having to always be in court, but the exhaustion of our Nation will be permanent if we are not willing to pursue the highest remedy. In an era when tribes are fighting for every inch, we too, must fight for our territory and our right to make our own decisions about our government and society.

CN citizens should let their wishes be known to Chief Baker: Do not take the unprecedented step of giving back what we already have. Do not capitulate. Exercise patience and courage. Demand the utmost sovereignty for the CN from the highest authority, which is not Housing and Urban Development or the BIA, but the federal courts.

Julia-coates@cherokee.org • 918-772-0288


Principal Chief
06/01/2016 02:00 PM
Cherokee Nation citizens in at-large communities across Oklahoma and the United States are a vital part of our tribal government and are critical to our success. The Cherokee Nation has more than 330,000 citizens, and almost 205,000 of our enrolled citizenry live outside the tribe’s northeast Oklahoma jurisdiction. It is important we keep all our citizens as informed and up to date as we can. We recently launched a website www.cherokeesatlarge.org dedicated exclusively to connecting Cherokee Nation citizens residing beyond the tribe’s 14 counties with information on federal and tribal programs and services. The new site features unique information for Cherokee Nation citizens on home loans and IHS health care options. There are details about higher education scholarships available to any Cherokee no matter where you live. It’s a good way for Cherokees to interact, participate and remain connected to our government. I believe our bond as Cherokee people can never be broken, whether you live inside or outside the jurisdictional boundaries. It is important that all citizens be informed of what is happening with the Cherokee Nation. We all share similar values, Cherokee values: a commitment to family and community and a respect for preserving our heritage and culture. Many of our at-large citizens are involved with the nearly two dozen at-large Cherokee community organizations across the country. These groups make up the Cherokee Nation Community Association and are coordinated through the tribe’s Community and Cultural Outreach department. The new website provides vital information on Cherokee community gatherings near you. These are the community groups we visit regularly to share news updates, photo ID cards and voter registration information. In Oklahoma alone there are more than 90,000 Cherokee Nation citizens who reside outside our 14-county tribal boundary. Through our negotiated state compacts, all Cherokee Nation citizens in Oklahoma are eligible for a Cherokee Nation Hunting and Fishing license and Cherokee vehicle tags. The new website has information on both of these opportunities. Improving communication at the Cherokee Nation has been a longstanding goal, and it’s the reason we have launched an award-winning television show, “Osiyo, Voices of the Cherokee People,” which can be streamed online at <a href="http://www.osiyo.tv" target="_blank">www.osiyo.tv</a>. We also mail an award-winning magazine to all citizens called “Anadisgoi.” Both the show and magazine profile exceptional citizens, current events and stories on Cherokee history and cultural preservation. The new site is something I have talked about with folks across the country as I travel. There was a need and desire for more information, so we set out to fulfill it. This administration is devoted to improving our tribe, protecting our families and creating more hope for the Cherokee people. The strength of the Cherokee Nation has always been its people. Passionate Cherokees are driving us forward and deserve every opportunity to better know and understand the tribe.
Principal Chief
05/02/2016 04:00 PM
Cherokee artisans are some of the most talented in Oklahoma and across all of Indian Country. They preserve our culture and heritage through their work across various mediums. It’s critical for us as Indian people to ensure Indian art is truly created by enrolled citizens of federally recognized tribes. That’s why Cherokee Nation, along with the leadership of the Chickasaw, Choctaw, Muscogee (Creek) and Seminole Nations, is supporting Oklahoma House Bill 2261, which is being considered now in the Oklahoma State Senate after passing the Oklahoma House of Representatives by a 90-0 vote. The bill is authored by Rep. Chuck Hoskin (D-Vinita) and Sen. John Sparks (D-Norman), Cherokee Nation citizens, and proposes a change in the definition of who can sell Indian art. The proposal defines “American Indian tribe” as any Indian tribe federally recognized by the Bureau of Indian Affairs and, further, defines “American Indian” as a citizen or enrolled member of an American Indian tribe. This issue is important for us because it ensures people who falsely claim tribal citizenship will not be able to market themselves and their crafts as Native. Oklahoma should take a strong position in preserving the integrity and authenticity of American Indian arts. As the home of 39 federally recognized tribes and more than 500,000 tribal citizens, Oklahoma should be the pacesetter for protecting tribal culture. Each of the 39 tribes in Oklahoma is a sovereign government with a unique history and culture and has been acknowledged and confirmed by the U.S. Constitution, treaties, federal statutes, executive orders and judicial decisions. Today, the sale of American Indian art and craftwork in Oklahoma is regulated by both federal and state laws, and strengthening our state laws guarantees the integrity of Native American art and the artists themselves. Oklahoma Indian artisans are renowned worldwide for beadwork, jewelry, basket weaving and fine arts like painting, pottery and sculpture. As the popularity of Indian art expands, so does the sale of items misrepresented as authentic American Indian products. Purchasing authentic American Indian art and crafts in Oklahoma from an enrolled citizen of a federally recognized Indian helps preserve our rich and diverse cultures, and it significantly increases entrepreneurship and economic development in Indian Country. H.B. 2261 will provide a direct economic benefit to Cherokee artists by helping to decrease the availability of fraudulent Cherokee art in the market. Additionally, if the availability of fraudulent items decreases, the demand for authentic art will increase. Closing the loophole about who can sell Indian art will protect not only the artists but individual consumers, galleries, art collectors and museums, especially smaller museums with fewer financial resources. Nothing in H.B. 2261 prevents individuals who claim to be tribal descendants from selling arts and crafts in Oklahoma. However, the claim “Indian made” or “Indian art” simply would not apply. I strongly encourage you to contact your state senators and ask them to support H.B. 2261.
Principal Chief
04/04/2016 12:00 PM
Osiyo. It was a historic achievement for the Cherokee Nation recently as the tribe negotiated, finalized and signed a Joint Venture Construction Program agreement with Indian Health Service to provide a new world-class health facility at our W.W. Hastings Hospital campus in Tahlequah, Oklahoma. Later this spring we will break ground on the new facility, which is planned to be more than 450,000 square feet. Cherokee Nation will construct the facility at a cost of between $150 and $175 million. IHS will provide the staffing, including doctors, nurses and other professionals, a cost estimated to be more than $80 million annually for at least 20 years and likely longer. This historic project will be transformative for generations of our citizens. Our plan was to take a big step forward for Cherokee health care. Instead, we took a giant leap of faith and surpassed anything we could have hoped for. Once complete, sometime in late 2019, this will be a state-of-the-art health care center and the absolute crown jewel in our health care system. This is far and away the largest project IHS has ever helped a tribal government achieve. Our hospital is twice as big as the next largest IHS joint venture. It is something monumental, and it’s something we should all be proud of. IHS will work through Congress to secure the funds for staffing and operations for the life of the building. IHS saw Cherokee Nation as a good partner to deliver quality care, and together we are making the health of Indian Country our top priority. During my tenure as principal chief, no issue has been as important to me as ensuring our health care services continue to grow with our tribe. It’s been my mission to help drive down the extreme health disparities our Indian communities face. I’ve worked with passion and purpose, and today we are aggressively striving to improve the wellness of our tribe, both individually and collectively. We wisely invested $100 million of our businesses’ profits to expand and refurbish smaller clinics, and now we have a significant public-private partnership in place with IHS that will create construction jobs, health care jobs and an enormous positive economic impact in our region. This is the next step to ensuring Cherokee health care is the best in Indian Country and that our citizens reap the benefit. Cherokee Nation operates the largest tribal health system in America, and we desperately needed a new hospital, as the current 190,000-square-foot facility is more than 30 years old. It serves nearly 400,000 patient visits per year when it was built to handle only about 60,000 per year. This agreement will allow our health department to better meet the demand and needs of our Cherokee Nation citizens and other Native Americans who access our health system. A special thanks goes to the leadership in Congress who championed our cause. U.S. Representatives Tom Cole (R-OK) and Betty McCollum (D-MN) led a bipartisan effort to reopen this IHS construction program, as well as Cherokee Nation citizen and Rep. Markwayne Mullin (R-OK) for representing our needs with the federal agencies. It’s a golden moment in our Cherokee history. In three short years when we dedicate this new massive health complex, we will know in our hearts that the next several generations of Cherokees – our children and grandchildren – will have a better future. They will have more opportunities to live healthier lives. They will have access to cutting-edge, modern medicine. There is no better feeling in the world than knowing this is on the horizon for you and the ones we all love so deeply.
Principal Chief
03/01/2016 02:00 PM
At our world-class Cherokee Nation health care centers, we are committed to the well-being of our patients. One of the most progressive initiatives we have today is the Hepatitis C Elimination Project. This is a pilot program to screen patients for the disease, with an end goal to cure all those who test positive. I am proud our tribal health department is doing everything possible to eliminate this debilitating disease many of our Cherokee families face. We are committed to fighting this disease because it touches so many here in the heart of Indian Country. It is a viral infection that can cause serious liver damage, liver failure and even death. About 3.2 million people in America live with hepatitis C, and 75 percent of them don’t even know they are carriers because they are symptom free. Like with many poor health signifiers, the issue is in even more prominent in our tribal communities. According to the Urban Indian Health Institute, based in Seattle, Indian people are twice as likely to be diagnosed with hepatitis C. Sadly, substance abuse is another contributing factor and critical escalator of our rates with hepatitis C. Opiate abuse is a significant part of the problem, as 73 percent of cases involve intravenous drug use. Unlicensed tattoo artists reusing ink or not sanitizing needles properly are also contributing. The rates are not good but there is hope, and that’s why we are tackling this issue head on. So far in the Cherokee Nation’s health system there have been 12,000 patients screened, with 4 percent of women and 7 percent of men testing positive. Of those, roughly 300 patients have taken the medicine, which is non-invasive and allows patients to continue a normal routine, and have been cured. We have seen a high success rate with treatments, and our hope is to eliminate this disease entirely through Cherokee Nation Health Services. As Native people and as Cherokee Nation citizens, we must keep striving to eliminate hepatitis C from our population. Staying ahead of the rate of infection requires vigilant testing, screening, treatment and creative strategies to prevent future cases. We are now screening all tribal health department patients over the age of 20, which avoids the problems of determining which patients to test, and will help identify a carrier even if the virus is dormant. Through diligent counseling and public awareness programs, I am confident we will drive down exposure to this infection. In the past, a positive hepatitis C test could be crippling to an individual or family, both physically and financially. We have dedicated leaders within our Cherokee Nation Health Services department who partnered with the U.S. Centers for Disease Control and Prevention, the Oklahoma Department of Health and the University of Oklahoma on this effort. Additionally, Gilead Sciences, a biopharmaceutical company, donated $1.5 million to this unique partnership that enabled the creation of a prevention and treatment plan. The Cherokee Nation is the only entity in the country working on an elimination project with the CDC. Our partners are just as committed as we are to cure patients with hepatitis C and work to reduce the incidents of new infections. The historic joint effort between federal, state and tribal governments will help lay the foundation of a national strategy to fight hepatitis C. A diagnosis doesn’t have to be a death sentence. I hope you will join us in this battle and help us drive out hepatitis C once and for all. Please ask your medical provider to screen you for hepatitis C. It’s not often we can say a disease can be completely eliminated from a citizenry, but it’s something we can absolutely achieve in the Cherokee Nation.
Principal Chief
02/01/2016 02:00 PM
Heroes deserve hope. That’s a mission that will be fulfilled as we create more opportunities for the brave men and women who have given so much of themselves to our great country through their military service. A new tribal program launched in partnership between the U.S. Department of Housing and Urban Development and the U.S. Department of Veterans Affairs will ensure Native military veterans have access to safe and secure housing. This partnership is especially significant because it marks the first time the HUD/VA housing assistance program has included tribes. Nationwide, $5.9 million will be distributed among the selected tribal governments. It’s an admirable goal, and I am proud the Cherokee Nation will be one of 26 tribal governments nationwide to share in federal funding to provide long-term housing for veterans who need a permanent home. We will provide 20 vouchers to Cherokee veterans for rental assistance thanks to $194,000 awarded to our tribe. As most of us know, Indian people serve in the military at a higher rate than any other group, and this program targets homeless veterans within tribal jurisdictions. There is no better way to honor the service and sacrifice of Cherokee veterans than by making sure they have a roof over their head. In our communities, homelessness may not be the textbook definition of “homeless.” We don't see as much traditional homelessness in Indian Country as other racial populations because our people take care of one another. We don't kick people out on the streets. However, many Indian families and homes are severely overcrowded. This is one of the examples of “homelessness” within our tribal communities. Cherokee Nation was selected to participate because we have raised the bar for veteran services. We have a state-of-the-art veterans center, which provides veterans invaluable resources and services, and we have a memorandum of understanding in place with the VA to treat Native veterans with routine health care in tribal facilities. I applaud HUD Secretary Julián Castro for traveling to Oklahoma for the sole purpose of sharing this news with tribal leaders and for the White House’s efforts to curb the rate of veteran homelessness. This new effort will ensure Cherokee patriots get the assistance they desperately need after serving our country. As Secretary Castro said, we can “create a better 21st century for all Americans.” We are already working with the VA to identify 20 Cherokees veterans who need adequate housing. My administration has been defined by homes and hope. I am so proud we will be able to do this for our veterans. Anytime you can help provide the basic necessities for a Cherokee Nation citizen and for a veteran, it is the right and honorable thing to do. Heroes deserve hope. I believe this program will be a great success and hope it will perpetuate and help more deserving souls in the future.
Principal Chief
12/01/2015 10:30 AM
Merry Christmas and happy holidays to all. It’s hard to believe 2015 is already coming to a close, but time flies when good things are happening in our Nation. We’ve accomplished more this past year than perhaps any other year in the history of the Cherokee Nation. On the health care front, we’ve opened three of the four health centers we promised to build using casino dollars. Cherokees in Adair, Sequoyah and Washington counties are now being served in more spacious health centers with newer equipment while enjoying a wider variety of services. Cherokees in Delaware County are up next, as the new Sam Hider Health Center in Jay is nearly complete. When I was elected a little more than four years ago, I pledged to make health care a priority, and I have followed through on that promise. Earlier this year, we became one of the largest employers in Nowata County, practically overnight, when we opened Cherokee Casino South Coffeyville. The casino brought more than a hundred jobs to that community, where jobs are sorely needed. South Coffeyville has welcomed us with open arms, and we are happy to finally have a presence in that corner of the Cherokee Nation. Not only did we reinforce our sovereign rights to hunt and fish our lands freely this past year, but we also expanded that sovereignty to include hunting and fishing rights across all of Oklahoma. Previously, the patchwork of Cherokee trust land, fee simple land and non-Cherokee-owned land made jurisdiction confusing, and many Cherokees feared receiving a citation from state game and wildlife officers. Likewise, those game and wildlife officers feared unnecessarily citing Cherokees for legally hunting our lands. Now, with the hunting and fishing compact I signed with Oklahoma Gov. Mary Fallin, there is no more confusion. Cherokees may now pheasant hunt in western Oklahoma, trophy fish on Lake Texoma in southern Oklahoma or deer hunt right here in Cherokee country like our ancestors did, free of concern about boundaries. Hunting and fishing licenses will be mailed to all Cherokees who are 16 and older and living in Oklahoma beginning Jan. 1. To ensure we have your correct address on file, visit www.Cherokee.org and click on services > citizenship > updating your information. Also on the natural resources front, we took a major step in protecting and preserving our resources for generations to come. I appointed the first secretary of Natural Resources, Cherokee Nation citizen Sara Hill, to oversee all of the Cherokee Nation’s interests in water rights, fish and wildlife, environmental conservation and more. The position was established by the 1999 Cherokee Nation Constitution but has remained vacant for nearly 20 years. It was time to stop acting like our natural resources are a secondary issue, when in fact they’re some of our most precious gifts. As Indian people, if we do not protect our resources, who will? I look forward to the strides we will make in this area in the years to come and am eager to share our progress with you as we accomplish great things. Lastly, I want to thank each and every one of you for your continued prayers and support as Deputy Chief S. Joe Crittenden and I continue to work on your behalf. It was the greatest honor of my life to be re-elected this year to a second term serving all of you. We accomplished so much this past year, and I pledge to work just as hard the next four years. On behalf of myself, Deputy Chief Crittenden and the more than 9,000 employees of the Cherokee Nation, we’d like to wish all of you a very merry Christmas and a safe and happy New Year. Many blessings to each of you in 2016.