Bill aims to remove tribes from environmental policies

BY TODD CROW
04/03/2012 08:32 AM
TAHLEQUAH, Okla. – State Sen. Greg Treat has authored a bill calling for the exclusion of federally recognized tribes from the state’s environmental policymaking process.

As of March 27, the bill had passed through the Senate and was in the House of Representatives.

As an amendment to existing legislature, the primary change included in Senate Bill 1050 is the word “tribal” being removed. For example, “An electric utility subject to rate regulation by the Corporation Commission may file an application seeking Commission authorization of a plan by the utility to make capital expenditures for equipment or facilities necessary to comply with…federal, state, local or tribal environmental requirements which apply to generation facilities.”

Treat told The Oklahoman the bill would do “nothing to prohibit the tribes from having input in environmental policies.”

“The law still allows consultation,” Treat said, “it just does not allow tribal laws to be considered by the Oklahoma Corporation Commission to increase cost on ratepayers, or tribes to block the construction or upgrades to a refinery.”

Treat also said the Environmental Protection Agency has a “liberal agenda,” and is using the tribes “as a vehicle” to expand its power.

“My message to tribal members and all Oklahomans is that his bill is about common sense and stopping the overreach and burden of the federal government,” Treat said. “I believe any form of government – whether it be tribal, local, state or federal – has a tendency to want to increase its power and control over citizens.”

Sara Hill, Cherokee Nation senior assistant attorney general, said the law could be harmful for the relationship between the tribes and state.

“By passing this law, Oklahoma risks damaging the cooperative relationship it has built with the tribes – a relationship that has produced a significant economic benefit for the state,” Hill said.

She added that given the state’s acknowledgment of the unique relationship between the tribes and the United States, along with the benefit Oklahoma has received from that relationship, SB 1050 seems “out of step with state and federal policy regarding Indian tribes.”

Hill said that “unique relationship” is defined in a state law that authorizes cooperative agreements and compacts.

According to the law, the state “ recognizes the unique status of Indian Tribes within the federal government and shall work in a spirit of cooperation with all federally recognized Indian Tribes in furtherance of federal policy for the benefit of both the State of Oklahoma and Tribal Governments.”

Hill said she’s confident that even if the law is passed, few things would change and that tribes would continue to have the right to be part of any policymaking progress.

“The changes to the law that are being proposed won’t change the applicability of tribal law to environmental matters and cannot alter the relationship between the United States and any federally recognized Indian tribe,” she said. “The relationship between the tribes and the United States cannot be thwarted by legislative action in a state legislature.”

todd-crow@cherokee.org


918-207-3961

News

BY ROGER GRAHAM
Media Specialist – @cp_rgraham
09/28/2016 08:30 AM
TAHLEQUAH, Okla. – The Cherokee Nation’s Election Commission on Sept. 19 moved into its new building at 17763 S. Muskogee Ave., the former site of the Tribal Council House that was torn down in 2015. The new 3,500-square-foot location is west of the tribe’s Emergency Medical Services building, where Election Commissioner Martha Calico said the commission had been located since 2003. Calico said before 2003 the EC was located east of the Tribal Complex in what is now the Cherokee Nation Marshal Service building. CN Management Resources razed the former Tribal Council House on July 11, 2015, after it was determined to be structurally unsound. The tribe’s legislative branch was relocated to the Tribal Complex following the July 17, 2013, discovery of several mold species in the Tribal Council House. According to CN Communications, the estimated cost of the new facility was about $250,000, which included materials and sub-contractors used for the construction. CN Facilities Administrator Jimmy Hullinger, who oversaw the new building’s construction, said its design would help the EC better serve CN citizens. “The new building is a 3,500-square-foot building, and the layout is more accessible to the public,” Hullinger said. He added that the larger lobby would be more convenient to visitors, and because the EC is the building’s only occupant, security could be easier to maintain. He also said the new facility has a vault of “concrete construction with a metal ceiling” for storing ballots and other important items. EC Director Connie Parnell said she was happy the EC would no longer share space with other departments. “We will be completely separate from everyone. This is a better move and a better location because it best serves how elections are conducted,” she said. “We have security vaults. We have offices. We have a large conference room so we can handle all of our meetings, during elections time, processing of all the election absentees, tabulating. We have the room for all of our duties to make an election run very smoothly.” In a previous Cherokee Phoenix story, Secretary of State Chuck Hoskin Jr. said to accommodate the growing CN workforce it was necessary to build the new EC office. “The construction is a good choice and wise investment. By moving the Election Commission office into its own free-standing building, it also allows the Nation to look at ways to utilize the space vacated by the Election Commission for other purposes, including possibly for the Marshal Service,” he said. To contact the EC, call toll free at 1-800-353-2895 or 918-452-5899 or write to PO Box 1188, Tahlequah, OK 74465.
BY STAFF REPORTS
09/26/2016 01:00 PM
SALLISAW, Okla. – Cherokee Nation officials said they are moving forward with the purchase and acquisition of the historic home of the Cherokee syllabary inventor, Sequoyah. However, as of publication, CN officials had not announced a final deal. The Oklahoma Historical Society, a state agency, owns and operates Sequoyah’s Cabin near Sallisaw. The site is a Sequoyah County tourist attraction. “Sequoyah is one of our most well-known statesmen and historical figures, and his contributions to the Cherokee Nation are immeasurable,” CN Chief of Staff Chuck Hoskin said in a Sept. 2 CN Communications release. “His invention of the Cherokee syllabary may be one of the single most important contributions to the advancement of the Cherokee people and Cherokee society. The Cherokee Nation is taking an important step by ensuring the preservation of Sequoyah’s homestead.” According to the release, the OHS has needed to divest itself of the property due to state budget cuts. According to a Sequoyah County Times report, it costs about $100,000 annually to maintain the cabin. “Over the past eight years, the state appropriation to the Oklahoma Historical Society has been cut by 40 percent,” OHS Executive Director Dr. Bob Blackburn said. “Fortunately for us and the legacy of Sequoyah, the Cherokee Nation is willing to assume ownership and keep the site open.” According to the CN release, Hoskin said it is “unfortunate that after 80 years, the state no longer has the resources to manage and maintain the property because the significance of Sequoyah’s homestead cannot be overstated.” Sequoyah was born in Tennessee around 1778. He began experimenting with an alphabet for the Cherokee language, and it was complete in the 1820s. The Cherokees were the first Indian tribe to develop a written alphabet, known as the Cherokee syllabary. Literacy rates among Cherokees soared within just a few years. Sequoyah was among the “Old Settlers” of the CN, who migrated to present-day Oklahoma and western Arkansas in approximately 1818, prior to the Trail of Tears. Built in1829, the one-room log cabin and more than 200 acres were acquired by the OHS in 1936. In 1965, it was designated as a National Historic Landmark. According to the Sequoyah County times report, CN Natural Resources Director Gunter Gulager said the CN had paid $100,000 for the 171.54-acre property and that the property was expected to transfer to Cherokee Nation Business for management. However, according to a Sept. 6 email from CN Communications, the tribe was still in the process of buying the cabin and no deal had been finalized. According to the Sequoyah County Times, the state and tribe plan to work together to advertise and draw in tourists and that OHS officials said the money it makes from selling the cabin would be invested in other state-owned historic properties. “Our planned acquisition of the cabin is another example of the Cherokee Nation relieving the state of public use facilities that might otherwise be closed,” Hoskin said in the CN release. According to the release, in recent years the CN has assumed ownership of two Oklahoma welcome centers that still operate as welcome centers and now feature Cherokee merchandise, clothing and information on Cherokee attractions. The Cherokee Phoenix requested comment from CN officials regarding the cabin but did not receive a response as of publication.
BY STAFF REPORTS
09/23/2016 02:00 PM
WASHINGTON – On Sept. 26, President Obama will host the 2016 White House Tribal Nations Conference at the Andrew W. Mellon Auditorium in Washington, D.C. This will be the President’s eighth and final Tribal Nations Conference, providing tribal leaders from the 567 federally recognized tribes with the opportunity to interact directly with high-level federal government officials and members of the White House Council on Native American Affairs. Each tribe is invited to send one representative to the conference. This year’s conference will continue to build upon the President’s commitment to strengthen the government-to-government relationship with Indian Country and to improve the lives of American Indians and Alaska Natives. The conference will be streamed live at www.whitehouse.gov/live.
BY STAFF REPORTS
09/21/2016 12:00 PM
TAHLEQUAH, Okla. – Applications for the 2017 “Remember the Removal” bike ride are available for Cherokee Nation citizens. The application deadline is midnight Oct. 28. The three-week, 1,000-mile ride in June teaches CN citizens ages 16-24 about their culture and history as they cycle the same route their ancestors were forced to walk in 1838-39 to Indian Territory, now Oklahoma. The route travels through seven states testing the cyclists’ physical and mental endurance. If selected to participate, participants would be required to take part in a physical training schedule and attend history classes. The classes will be taught during the four months of training to prepare for the ride. Participants will learn about the struggles their ancestors. The selection committee, whose members will not be related to any applicant, will review the required essays and applications submitted. It will be looking for CN citizens willing to learn more about Cherokee history and their ancestry related to the Trail of Tears. Successful applicants will be expected to interact with the public and speak to the public about their experiences on the ride. “Remember the Removal” cyclists also will be photographed, videoed, interviewed during the trip. So the committee will be looking for riders who are personable, well-spoken and would make ambassadors for the CN. Applicants must not have participated in the program before, be 16 to 24 as of Jan. 1 prior to the event and be able to pass a sport physical provided by the CN during the post-selection orientation. It is recommended participants reside inside the tribe’s jurisdiction, including the contiguous counties. Participants may have a different temporary address while away at school. If a participant lives outside the jurisdiction he or she will still be required to make all mandatory trainings and history classes in Tahlequah. Applications are online at <a href="http://remembertheremoval.cherokee.org/ParticipationApplication.aspx" target="_blank">http://remembertheremoval.cherokee.org/ParticipationApplication.aspx</a> and must be submitted by Oct. 28. The application requires an essay about why the applicant wants to participate, three letters of recommendation mailed or emailed to <a href="mailto: rtr@cherokee.org">rtr@cherokee.org</a> directly from the recommending party by the application deadline. Letters of recommendation should not be from CN employees, administration officials or Tribal Councilors. Letters should be from someone the applicant has worked with academically or professionally or a person they have known for a minimum of three years. For more information, call Gloria Sly at 918-453-5154 or email <a href="mailto: gloria-sly@cherokee.org">gloria-sly@cherokee.org</a>.
BY ROGER GRAHAM
Media Specialist – @cp_rgraham &
JAMI MURPHY
Senior Reporter – @cp_jmurphy
09/21/2016 08:00 AM
TAHLEQUAH, Okla. – The Cherokee Nation Election Commission called a special meeting for Sept. 16 to discuss fiscal year 2017 merit increases for staff as well as the renewal of commissioner and EC attorney contracts. Also, on the agenda were items regarding the renewal of Maxim, Center for Spatial Analysis and Hart Intercivic’s contracts. All contracts were approved except for Hart Intercivic. It was tabled due to the contract not being completed through CN contracts at the time of the meeting.
BY STACIE GUTHRIE
Reporter – @cp_sguthrie
09/20/2016 08:15 AM
TAHLEQUAH, Okla. – On Sept. 12, Cherokee Nation citizens Twila Pennington and Melanie Fourkiller filed an initiative petition to “outlaw absentee voter fraud” by seeking a vote to institute the Election Fraud Prevention Act of 2016. Originally filed Aug. 31, it was circulated during the Cherokee National Holiday, but a question regarding the tribal Election Commission’s official stamp led to its re-filing, Fourkiller said. EC officials said documents coming to their office are stamped with a stamp that contains the date and time it was filed, as well as “Cherokee Nation Election Commission Filed.” Fourkiller said despite its re-filing, the petition remained unchanged. She said it calls to “limit the number of ballots that one notary can notarize in any election,” require “all absentee ballots…be mailed to be returned to the Election Commission,” and “prohibit anyone from harassing a voter either at their home or by telephone over their absentee ballot.” “So these are measures that we particularly feel strongly about to protect voters and the integrity of absentee ballots,” Fourkiller said. Attorney General Todd Hembree said under CN law notaries can notarize an unlimited amount of ballots. He said notaries are “completing the form on the exterior envelope, not the actual ballot itself, and confirming, through their ‘notarization,’ that the person signing the envelope is the person appearing before them.” CN election laws state when filing absentee ballots voters must take their ballots, which are sealed in secrecy envelopes, and sign the affidavits on the affidavit envelopes in the presence of a notary public. As for returning ballots, election laws state the “affidavit envelope must be notarized and the notary seal affixed for the ballot to be counted, and return the documents inside the postage paid return envelope via the United States mail to the Election Commission.” Fourkiller said the Election Fraud Prevention Act would require voters to mail their votes or turn them into the EC. She said currently anyone could collect absentee ballots from voters and return them to the EC. “We’re concerned about there’s really no limit as to the number of hands a ballot can go through before it eventually reaches the Election Commission,” she said. “So that’s one issue. Just about every jurisdiction that I know of requires absentee ballots to be mailed, so we feel like everyone should have access to their own mailbox or post office to be able to drop that in the mail.” Hembree said candidates or campaign workers turning in ballots has “been the practice for decades.” “Voters have always been able to give their completed ballot, sealed in a secrecy envelope, to whomever they wish for delivery of the ballot to the Election Commission,” he said. Regarding alleged voter harassment, Fourkiller claims she’s received calls from campaigns asking about absentee ballots. “Don’t I want an absentee ballot? Can I request an absentee ballot for you? And I kept saying, ‘no, no, no. Please take me off you list,’ and yet still continued to receive those calls,” she said. “Especially for elders and folks being harassed that way, and we were aware that people would show up on their doorstep and say, ‘we’re here to get your absentee ballot” when they were not asked to come. So people feel intimidated over that kind of heavy attention.” Fourkiller also said the Election Fraud Prevention Act would curb multiple ballots going to a home or business address. She said ballots currently could be mailed to a citizen’s choice of address, but that she’s noticed in elections “tens of ballots going to one address or going to a business address.” “So what has happened in the past is that there is a public listing that the Election Commission produces of the absentee ballots that are requested and where they’ve been mailed. I’ve personally noticed on those lists in past elections where several ballots, like tens of ballots going to one address or going to a business address or so forth,” she said. “What this law would do is the ballot has to be mailed to the voter. It would still allow for a different address to be put in but it has to be mailed to the voter not to someone else.” However Hembree said the tribe only allows for a voter to “request and receive one ballot” and that people cannot request ballots on behalf of other voters. He added that ballots could be mailed to wherever the voter requests, including a home address, post office or business address. He said before a ballot could be mailed a voter must fill out a ballot request form. “The Cherokee voter can decide where they want their ballot sent,” he said. “For example, if a person is serving in the military or a student is away from home for college they may designate where they want their ballots sent to ensure timely delivery and maximize their opportunity to vote.” Hembree said despite accusations there’s not been a proven case of absentee voter fraud in CN elections. “In previous elections, candidates have made accusations of potential voter fraud, yet when given the opportunity to produce evidence in court, none of the accusations were substantiated,” he said. As for the petition moving forward, Fourkiller said once the attorney general has reviewed it, the EC would inform her about how many valid signatures it must receive. “So we’ve not been notified, but it is based on a percentage of the votes cast in the last general election, I believe,” she said. If the petition gets the needed amount of signatures then those signatures must be validated, Fourkiller said, and once validated it gets placed on the next regular election’s ballot. Hembree said if the petition is certified his office “expects to review the provisions of the law.” He said he’s concerned with wording stating “that the Oklahoma notary ‘law... is applicable to Cherokee elections.’” “That provision will require careful review to determine the impact on our sovereignty. We’ve not previously had state laws ‘applicable’ to our elections, so it is unprecedented,” he said. Fourkiller said the 90-day time period to gather signatures was reset and began Sept. 12 and that signatures collected under the original petition are void. She also said CN citizens wanting to sign the petition or circulate it can visit www.cherokees4change.com. <strong>Election Fraud Prevention</strong> Cherokee Nation Attorney General Todd Hembree said the “entire existing election code is designed to prevent election fraud.” He said the following laws are some of the laws and regulations that “help prevent absentee voter fraud.” • The Election Commission must confirm that the person requesting an absentee ballot is a registered Cherokee voter prior to sending them an absentee ballot, • The Election Commission has a process that ensures that a voter is only able to have one absentee ballot counted even if they requested more than one, • If a voter appears at a precinct to vote and has previously requested an absentee ballot, that person must cast a Challenged Ballot. Only if it is determined that the voter did not submit their absentee ballot is the Challenged Ballot opened and counted, • The notarization process ensures that every voter’s identification is confirmed by the notary who signs and affixes their notary seal or stamp to the exterior envelope and, • The Election Commission also confirms that every notary who signs the exterior envelopes is in fact a notary and that his or her commission has not expired.