http://www.cherokeephoenix.orgNative American leaders meet with President Barack Obama back in 2010 in Washington, D.C. COURTESY PHOTO
Native American leaders meet with President Barack Obama back in 2010 in Washington, D.C. COURTESY PHOTO

2013 Indian Affairs budget request maintains prior levels

BY STAFF REPORTS
02/22/2012 08:43 AM
WASHINGTON – President Obama’s fiscal year 2013 budget request for Indian Affairs, which includes the Bureau of Indian Affairs and the Bureau of Indian Education, is $2.5 billion – a $4.6 million decrease below the FY 2012 level.

Officials said the proposed budget maintains the president’s commitment to meeting the government’s responsibilities to the 566 American Indian and Alaska Native tribes, while toeing fiscal responsibility line and improving government efficiency.

“The budget request maintains President Obama’s commitment to strengthening tribal nations by making targeted increases in Indian Affairs programs that support tribal self-determination in managing BIA-funded programs, increase public safety in tribal communities by strengthening police capabilities, improve the administration of tribal land, mineral, timber and other trust resources and advance Indian education,” Assistant Secretary-Indian Affairs Larry EchoHawk said. “Indian Affairs is sensitive to the need for achieving greater results at a lower cost, and the proposed budget reflects the tough choices that will make us more cost efficient in carrying out our missions.”

The request includes $43.8 million in nation-to-nation relationships (up $12.3 million), protecting Indian Country (up $11 million), improving trust land management (up $15.4 million) and advancing Indian education (up $5.2 million).

Under nation-to-nation relationships, the budget request for Contract Support is $228.0 million – an $8.8 million increase – which enables a tribe operating BIA-funded programs to meet administrative costs without decreasing program funds. It also includes an increase of $3.5 million for land and water claim settlements.

The request for BIA Law Enforcement is $353.9 million with targeted increases of $11 million for law enforcement operations, detention center operations and tribal courts. The request for law enforcement operations builds on increases from previous years – for a total of $189.7 million – for criminal investigations and police services to enable the BIA to improve its recruitment and hiring for law enforcement officers and detention center staff, including veterans.

The request includes $88.2 million for detention center operations – an increase of $6.5 million – for staffing, training and equipment to increase capacity to hold and process detainees and to fund operations at newly constructed detention facilities.

The request includes $24.6 million for tribal courts to support the enhanced capabilities given to them in the Tribal Law and Order Act of 2009.

The funding also supports the expansion of a 2010 program launched to reduce crime on four reservations with high violent crime rates. The program resulted in a 35 percent combined reduction in violent crime. Two additional reservations with high crime rates will be added to this initiative.
The DOI has also undertaken an overhaul of the federal fee-to-trust process. As a result, between 2009 and 2011 the DOI processed 697 applications. The 2013 budget request supports improving trust land management through a program increase of $15.4 million for:

  • Rights Protection Implementation (up $3.5 million) to support implementing federal court orders resulting from decisions in off-reservation treaty rights litigation,

  • Tribal Management Development Program (up $2.0 million) to support tribes in the management of their on-reservation fish and game programs,

  • Cooperative Landscape Development (up $800,000) to support participation for the bureau and tribes in the Landscape Conservation Cooperatives,

  • Invasive Species (up $500,000) to support tribal programs that control, manage and eradicate harmful plant and animal species from reservations,

  • Forestry Programs (up $1 million) that develop, maintain and enhance tribal forest resources,

  • Trust Services (up $5.5 million) to support the BIA’s responsibilities of trust services, probate and land titles and records, and

  • Litigation Support/Attorney Fees (up $1.5 million) to assist tribes in protecting trust resources.
    The budget also addresses educational needs from elementary through post secondary and adult education, including security issues at school facilities to ensure environments are safe for students and an educational reform to increase student academic achievement in BIE schools.


  • The request for the BIE is $796.1 million, an increase of $653,000 above the 2012 level, with increases for:

  • Tribal Grant Support Costs (up $2.0 million) to help tribes operating BIE schools cover administrative and indirect costs,

  • Tribal Colleges and Universities (up $2.5 million) to assist in the economic development of tribal communities as they offer resources and facilities to teach community members workplace skills and to support tribal plans for development, and

  • Scholarships (up $710,000) for the BIE’s Scholarships and Adult Education and Special Higher Education Scholarships programs to help adults obtain a GED, provide job skills training and provide financial aid for post secondary and graduate students pursuing degrees in professions that meet tribal communities’ needs.


  • The budget also requests $36.3 million for BIA Land and Water Claim Settlements to fund settlements that help deliver clean drinking water to Indian communities and provide certainty to water users across the West.

    In accordance with a 2011 Obama’s memo, the 2013 budget request includes reductions and identifies efficiencies that can be achieved through consolidation, cost cutting, realignments and program decreases such as:

  • Improved Management (down $19.7 million) includes measures taken and those anticipated to ensure that tribal needs and priorities are addressed to reduce Indian Affairs administrative costs,

  • Realignment (up $1.3 million) includes an increase to reflect the transfer of the Indian Arts and
    Crafts Board from the Office of the Secretary to Indian Affairs, which would oversee the implementation of the Indian Arts and Crafts Act of 1990, as amended,

  • Law Enforcement Special Initiatives (down $2.6 million) reflecting reduced participation on activities such as intelligence sharing,

  • Information Resources Technology (down $6.1 million) due to standardization and consolidation of IT infrastructure,

  • The Indian Student Equalization Program (down $4.5 million) to reflect a decline in student population,

  • Replacement School Construction (down $17.8 million) as it focuses on improving conditions of existing school facilities, and

  • The Indian Guaranteed Loan Program (down $2.1 million) for evaluating of effectiveness.



  • News

    BY STACIE GUTHRIE
    Reporter – @cp_sguthrie
    01/19/2018 08:15 AM
    TAHLEQUAH – The attorney general’s office cites perjury as a reason why it’s asking the Supreme Court to dismiss a petition from two Tribal Councilors and six Cherokee Nation citizens challenging Freedmen citizenship. In a Dec. 29 filing in the Cherokee Nation v. Nash and Vann v. Zinke case, the attorney general’s office states five of eight citizens listed in a Dec. 11 petition committed perjury and because so the petition should be dismissed and “the Court should take other appropriate action, including sanctions.” “Council Member David Walkingstick, in his individual capacity, Twila Pennington, Randy White, Norman Crowe and Vicki Bratton all swore in notarized statements they ‘voted in the 2007 referendum election…to only allow citizenship in the Cherokee Nation only to people who are Cherokee by blood.’ They did not (vote),” states the response. The response states Election Commission records show Walkingstick, Pennington, White, Crowe and Bratton did not vote in the March 3, 2007, election in which voters amended the Constitution to require Indian blood for citizenship. The Cherokee Phoenix contacted the attorney general’s office regarding the perjury allegation, but was told “there is no further comment on the perjury allegation other than what has already been filed.” Walkingstick said he voted in the election and that the records are incorrect. “In (20)07 I ran for council. I remember voting in that election. I know the records in the Election Commission, you know, they’re not always accurate.” The 2007 general election in which Walkingstick’s name first appeared on the ballot was June 23. Walkingstick added that he didn’t perjure himself. “Perjury, the definition of perjury is getting up on the witness stand and putting your hand on a Bible and take an oath that you’re going to tell the truth and then getting up there and intentionally lying. That’s perjury,” he said. “This is a desperate attempt for (Attorney General) Todd (Hembree) to not face the consequences of him not adhering to his own AG Act. This has nothing to do with who voted or who didn’t vote in the (20)07 election. It has everything to do with the Cherokee Nation trying to uphold its Constitution.” According to Black’s Law Dictionary, perjury is the willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him to mislead the court, jury, or person holding the proceeding. In a Jan. 8 affidavit, Crowe states he voted in the election and that EC records are wrong. John Parris, the petitioners’ attorney, spoke on behalf of those alleged of perjury stating they all “remember voting” in the election. “The position of the interveners is that they remember voting and don’t know why the records are inaccurate,” he said. “The interveners hope that we get to the main issue and not deal with these side issues.” In regards to the EC records being “wrong,” EC officials said they do “not feel it would be appropriate to comment” on litigation before the Supreme Court. On Dec. 11, Tribal Councilor Harley Buzzard, Kathy Robinson, Marcus Thompson, as well as the five accused of perjury, filed a petition as individual citizens against the CN and Hembree. It stems from Hembree’s decision not to appeal the District of Columbia District Court’s ruling to bind the CN to the 1866 Treaty and provide Freedmen “all the rights of native Cherokees,” including the right to citizenship. Freedmen are descendants of slaves once held by Cherokees. The petitioners ask the Supreme Court to set aside its Sept. 1 order to enroll Freedmen as citizens and instruct the attorney general’s office to appeal the federal court ruling until the Tribal Council approves or disapproves of Hembree’s decision not to appeal. According to the attorney general’s response, the petition should also be dismissed because its grievances against the CN and Hembree do not have “any basis in law or fact.” “Movants fail to demonstrate a legally cognizable interest in the present action that establishes a right to intervene under Cherokee Law. Nonetheless, even if Movants can establish a right to intervene – which they cannot – the Court must dismiss the Writ of Mandamus because this Court lacks subject matter jurisdiction,” the response states. “Specifically, Movants fail to cite any jurisdictional statute which permits Movants to maintain a lawsuit against AG Hembree – an appointed official of the Nation that enjoys sovereign immunity from this type of suit. Moreover, Movants fail to establish standing to bring this action against AG Hembree and fail further to plead a claim for relief.” The attorney general’s office also asks the court to maintain its Sept. 1 order by stating the request to continue litigating the case is “simply not available under Cherokee law.” Walkingstick said, hypothetically, if the tribe doesn’t appeal the federal ruling the Constitution would still have to be amended. He said Cherokee voters could accept the ruling or “vote in contradiction to it.” “The consequences are if the Cherokee people vote in contradiction to (federal) Judge (Thomas) Hogan’s ruling, or opinion, then federal program dollars could be frozen. Those are the consequences, and it just kind of depends what our Cherokee people want and, you know, me as being elected official, I take the Cherokee people’s voice very seriously,” he said. According to the Sept. 1 order, the Supreme Court deemed the special election void and without effect. Walkingstick said he’s “never taken a stance” on citizenship rights for Shawnees, Delaware, intermarried whites or Freedmen but that he did take an oath to uphold the Constitution. “The disappointment in all of this is our Cherokee Supreme Court contradicted our own Constitution. That’s a catastrophe. The other catastrophe is our chief and our attorney general supports contradicting our Constitution,” he said. “If we were wanting to protect our Constitution to the highest degree possible we would appeal this decision, which that’s the highest degree we can go with in regards to what that outcome is. It may be favorable. It may not be favorable, but we can look our constituents in the face and say we did everything possible to uphold your voice.”
    BY STAFF REPORTS
    01/17/2018 04:00 PM
    The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Advertising Representative Danny Eastham and Advertising Specialist Samantha Cochran's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11902__Samantha.pdf" target="_blank">Click here</a>to read Advertising Specialist Samantha Cochran's genealogy.
    BY ASSOCIATED PRESS
    01/17/2018 12:00 PM
    OKLAHOMA CITY (AP) — The first trial date has been set for a lawsuit by a state against pharmaceutical companies over the opioid epidemic, according to Oklahoma’s attorney general. Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017, and seeks unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries. “We appreciate the urgency Judge (Thad) Balkman saw in getting the case to trial,” Attorney General Mike Hunter said. “Oklahomans who have suffered immeasurably from the years of fraudulent marketing campaigns will see this case resolved sooner rather than later.” Hunter said Balkman scheduled the trial to begin May 28, 2019. The companies deny wrongdoing and say they complied with Federal Drug Administration requirements that include warning labels showing potential risks that come with using their drugs. “We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution,” Purdue Pharma said in a statement. “We vigorously deny these allegations and look forward to the opportunity to present our defense.” Teva spokeswoman Kaelan Hollon said the company “is committed to the appropriate use of opioid medicines,” and complies with all state and federal drug regulations. “Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine,” Hollon said. Ohio Attorney General Mike DeWine’s office said other states that have filed lawsuits are Alaska, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, Ohio, South Carolina and Washington state. The state lawsuits are separate from pending lawsuits in Ohio by dozens of local governments, and lawsuits by Native American tribes in the Dakotas and Oklahoma. In Ohio, a federal lawsuit by local governments nationwide that makes similar allegations is pending. And in South Dakota, the Rosebud Sioux Tribe, Flandreau Santee Sioux Tribe and the Sisseton Wahpeton Oyate filed a federal lawsuit in January against 24 opioid industry groups. In Oklahoma, a federal judge has ruled that another similar lawsuit by the Cherokee Nation cannot be tried in tribal court, and CN Attorney General Todd Hembree siad the tribe would file the lawsuit in state court.
    BY STAFF REPORTS
    01/16/2018 04:00 PM
    The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight Staff Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11898__ChandlerKidd.pdf" target="_blank">Click here</a>to read Former Intern Chandler Kidd's genealogy.
    BY STAFF REPORTS
    01/16/2018 03:30 PM
    The Cherokee Phoenix and Cherokee Family Research Center at the Cherokee Heritage Center teamed up to create this series on Cherokee genealogy. Thanks to CFRC genealogists Gene Norris and Ashley Vann, we are able to show you the genealogies of the Cherokee Phoenix staff and the CFRC’s genalogy inner workings at the CHC as well as the people behind them. For the next several months, we will highlight Cherokee Phoenix staff members’ genealogies and bring you information regarding Cherokee genealogy. You may even spot an ancestor on a staff member’s genealogy chart. This month we spotlight News Writer Brittney Bennett and Former Intern Chandler Kidd's genealogies Wado! <a href="http://www.cherokeephoenix.org/Docs/2018/1/11895__BrittneyBennett.pdf" target="_blank">Click here</a>to read News Writer Brittney Bennett's genealogy.
    BY ASSOCIATED PRESS
    01/16/2018 12:00 PM
    MUSKOGEE (AP) — Cherokee Nation leaders marked Martin Luther King Jr. Day on Jan. 15 by acknowledging the tribe needs to come to terms with its treatment of former slaves, known as Freedmen. The tribe — one of the country’s largest — recognized the King holiday for the first time with participation in a King parade and a visit to the Martin Luther King Community Center in Muskogee. Secretary of State Chuck Hoskin Jr. said Principal Chief Bill John Baker decided the tribe should honor the King holiday this year because of ongoing racial tensions nationwide and because the tribe is seeking to make amends with slavery. King’s writings spoke of injustices against Native Americans and colonization, but Hoskin said the tribe had its own form of internal oppression and dispossession. “The time is now to deal with it and talk about it,” said Hoskin. “It’s been a positive thing for our country to reconcile that during Dr. King’s era, and it’s going to be a positive thing for Cherokee to talk about that history as part of reconciling our history with slavery.” Such talk from tribal officials would have been surprising before a federal court ruled last year that the descendants of slaves owned by tribal citizens had the same rights to tribal citizenship, voting, health care and housing as blood-line Cherokees. One descendant of Freedmen, Rodslen Brown-King, said her mother was able to vote as a Cherokee for the first and only time recently. Other relatives died before getting the benefits that come with tribal citizenship, including a 34-year-old nephew with stomach cancer, she said. “He was waiting on this decision,” Brown-King, of Fort Gibson, said. “It’s just a lot of struggle, a lot of up and down trauma in our lives. It’s exciting to know we are coming together and moving forward in this.” Derrick Reed, a city councilman in Muskogee, and director of the King Community Center there, said the Jan. 15 event was the first attended by citizens of the CN in honor of the holiday. Baker later spoke at an after-party the tribe sponsored, and Hoskin served breakfast earlier in the day. “We have a wonderful story to tell but we need to tell the whole story,” Hoskin said.