CN could receive millions via Supreme Court ruling

BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
06/22/2012 07:46 AM
TAHLEQUAH, Okla. – The Cherokee Nation could get back approximately $40 million thanks to a June 18 U.S. Supreme Court ruling calling for the federal government to fully reimburse Native American tribes for monies spent on their respective federal programs.

In a 5-4 decision, the court ruled in Salazar v. Ramah Navajo Chapter that the federal government did not honor its contractual promises to tribes and provided insufficient funding for contracts and contract support costs from self-governance agreements.

The federal government had initially agreed to fully fund those contracts, but Congress placed a cap on the money earmarked for payments.

The Ramah Navajo Chapter sued the Department of Interior and the 10th U.S. Circuit Court of Appeals in Denver initially ruled the money must be fully reimbursed. The government appealed to the Supreme Court, which ruled the Ramah Navajo Chapter and other Native American tribes must get their money back.

The ruling ends any claims that government agencies such as the Bureau of Indian Affairs are no longer liable for paying contracts if there is not enough money available.

Under the Indian Self-Determination and Education Act, tribes can contract to provide services that would otherwise be provided by the federal government, such as law enforcement, agricultural assistance and education.

As per the ruling, the federal government is now expected to reimburse tribes – including the Cherokee Nation – for tribal dollars used to make up that shortfall from 1994 to 2001.

Principal Chief Bill John Baker called the ruling a “tremendous victory for the Cherokee Nation.”

“We will be able to recover millions of dollars that has been denied our government through decades of underfunding,” Baker said. “This money will be used to support every facet of our government and will allow us to provide much-needed services to our people.”

The estimate of reimbursement for the tribe is approximately $35 to $40 million, Baker said, “mindful, that this includes IHS (Indian Health Service) claims that are involved in companion cases involving the same facts scenario.”

In 2005, the Supreme Court issued a similar ruling against IHS that resulted in several tribes collecting damages, including a $20 million payment to the Cherokee Nation.

Currently, the tribe is compiling documentation to show the total amount under recovery and to be sure that CN is made “whole from previous years.”

Baker said at this time there is not an expected date on reimbursement because of the many tribes involved, but a victory like this has been rare in the past.

“This was a long process and I appreciate the hard work our staff has committed to this project,” he added. “I also want to thank the council for their support of this and other matters, as we assert our rights.”

jami-custer@cherokee.org


918-453-5560

About the Author
Reporter

Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007.

She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. 

Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. 

She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. 

“My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.”

Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.
jami-murphy@cherokee.org • 918-453-5560
Reporter Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007. She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. “My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.” Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.

News

BY STAFF REPORTS
05/05/2016 12:00 PM
OOLOGAH, Okla. – “Frontier Days Kid Camp” at the Will Rogers Birthplace Ranch near Oologah on June 20-22 will take youngsters back to the days before statehood and to Nov. 4, 1879, when Rogers was born. Children ages 5-14 can experience life in the 1880s when Will Rogers was growing up on the Indian Territory family ranch. Today, it is a 400-acre living history ranch and a part of the Will Rogers Memorial Museums. The home was moved from its original site in 1963 when the U.S. Army Corps of Engineers began filling Oologah Lake, the log-walled room where Will was born preserved as it was 137 years ago. Hands-on activities from hand-washing clothes on a scrub board to rope making, peaceful nature hikes, and cane pole fishing in the farm pond will be a part of the many events planned during the day camp at the ranch. There will be fun learning experiences about life on the frontier, making memories and learning about Oklahoma history. Other activities planned include blacksmith demonstrations, fence building and whitewashing, 1880s period games and hayrides. Camp hours are 8 a.m. to 1 p.m. Campers will check in each morning at 7:30 and hike to various assigned project stations throughout the ranch grounds. Appropriate walking shoes are a must. Camp cost is $35 each for families who are members of Friends of Will Rogers or $45 for nonmembers. Registration deadline is June 10. Registration forms are available at willrogers.com or at the admissions desk. Space is limited. Before his death on Aug 15, 1935, in an Alaska plane crash, Will Rogers was a widely traveled vaudeville and movie star, a renowned trick roper, newspaper columnist and radio personality. After his death, his wife deeded a portion of the ranch to Oklahoma for a state park. The ranch is open to the public from 10 a.m. to 5 p.m. daily. Admission is by donation. In addition to availability for tours of the house and barn, it is a prominent site for weddings, family gatherings and for educational opportunities.
BY ASSOCIATED PRESS
05/04/2016 02:00 PM
STILLWATER, Okla. (AP) – A woman accused of driving her car into Oklahoma State’s homecoming parade, killing four people and injuring dozens, has pleaded not guilty to the charges against her. Cherokee Nation citizen Adacia Chambers entered her plea on May 4 in Payne County District Court after previously waiving her right to a preliminary hearing. The 25-year-old Chambers is charged with four counts of second-degree murder and more than 40 counts of assault and battery for the Oct. 24 crash. Prosecutors said Chambers intentionally drove her car around a barricade and into spectators at the parade. Her attorney, Tony Coleman, said his client is mentally ill. A pretrial conference is set for June 1, but Judge Stephen Kistler did not set a trial date after Coleman said he is still seeking information from prosecutors.
BY STAFF REPORTS
05/04/2016 12:00 PM
CATOOSA, Okla. – The Cherokee Nation awarded 130 volunteer and rural fire departments with $3,500 checks totaling $455,000 on May 3 during its 2016 Volunteer Firefighter Awards Ceremony at the Hard Rock Hotel & Casino Tulsa. The tribe treated about 500 firefighters to dinner and presented each station a check to help with equipment, fuel or other items that help maintain their fire stations in northeastern Oklahoma. “Recognizing these brave men and women is one of my favorite duties as principal chief. Every unit is highly trained and skilled. These firefighters are on call 24/7, 365 days a year, and the most impressive thing is that they do all this for the love of their community and to ensure our families remain safe,” Principal Chief Bill John Baker said. “I’m proud our tribal government sees the importance in making this annual financial commitment. Because of this money, 130 rural volunteer fire departments in northeast Oklahoma will be better equipped and better prepared when an emergency strikes.” During the ceremony, the CN named the Illinois River Fire and Rescue in Cherokee County and Afton Fire Department in Ottawa County as “2016 Volunteer Fire Departments of the Year.” In the past year, Illinois River Fire and Rescue increased its volunteer staff to 20 active members. The station formed a “brown water team” that partners with neighboring districts and counties to help with rescues after the 2015 spring flooding on the Illinois River. During the December 2015 flooding, the team worked 40 hours straight to rescue 26 people. There were no fatalities. The department was also commended by the tribe for helping victims with cleanup efforts. “The financial backing from the Cherokee Nation is tremendous, because like everyone else, money is difficult at times. It plays a major role in us being able to continue to provide the best services possible,” Gary Dill, assistant fire chief of the Illinois River Fire and Rescue, said. The Afton Fire Department responded to 325 calls in 2015. Most calls were from first responders. The department helped with grass and structure fires, and also water rescue calls. During the December flooding, the department rescued two families. The tribe honored the firefighters for their efforts, including pulling one family from an SUV that had been swept away and overturned. “It’s a real big honor to have the Cherokee Nation recognize our department as one of the volunteer fire departments of the year, but the biggest honor is having the good lord on scene with us helping in difficult situations,” Terry Miller, fire chief of the Afton Fire Department, said. The CN also named five “2016 Volunteer Firefighter of the Year” awards to the following: • Jeff Mueller, of Vinita, for eight years of service to the Centralia Fire Department in Craig County, • Jordan Shofler, of Vinita, for demonstrating courage, leadership and dedication on every call the Carselowey Fire Department receives, • Brian Gibson, of Afton, for working behind the scenes on the day-to-day operations of the Afton Fire Department, • Austin Moore, of Oologah, for his nine years of service and leading volunteer trainings every month for the Northwest Rogers County Fire Protection District, and • Gary Dill, of Tahlequah, for sharing 34 years of firefighting experience and knowledge with members of the Illinois River Fire and Rescue.
BY ASSOCIATED PRESS
05/03/2016 12:00 PM
LONGMONT, Colo. – Do you have a ranching or farming operation in your community and want to move it forward? Are you looking to build a sustainable tribal ranching or farming enterprise? Do you desire to increase your business knowledge and fundamentals of running and maintaining a successful agricultural business? Or perhaps you assist producers in your community with advice on how to grow their businesses and by helping them gain access to bigger and better opportunities. Or maybe you are interested in helping assess the status of your community’s food sovereignty and help make it better and stronger? If so, First Nations Development Institute has three, three-day training workshops for you. Two in Green Bay, Wisconsin, and Denver are producer-focused, and one in Tulsa, Oklahoma, is intended as a train-the-trainer workshop. The fee for each training is $100, which covers the cost of materials and any meals that are included. Participants will receive copies of First Nations’ The Business of Indian Agriculture curriculum and Food Sovereignty Assessment Tool. Day 1-2: The Business of Indian Agriculture producer-focused trainings in Green Bay and Denver are designed to help farmers and ranchers succeed in managing their businesses. It covers topics such as how to develop a business plan, how to set up bookkeeping systems, agribusiness economics and marketing and land use and management. It also covers important topics such as risk management, personal financial management and using credit wisely. The two-day training offers attendees the opportunity to expand their understanding and knowledge of agriculture business and the opportunity to network with other producers. The train-the-trainer workshop in Tulsa will focus on giving the technical knowledge, tools and guidance to conduct training with farmers and ranchers in a community. Day 3: The optional third day of training covers Food Sovereignty Assessment. Food has always played a central role in Native communities. It reflects environmental, economic, social and political values. For some communities today, the relationship to food is much less visible than it used to be. The diet history, gathering and consumption practices, value of food products and source of foods tell the story of a community and its people and can help define their future. For example, there are complex cause-and-effect relationships between food choices or lack thereof that have consequences for health, economy and even social implications. The Food Sovereignty Assessment Training, utilizing the Food Sovereignty Assessment Tool, is meant to begin the process of telling the food story of a community through a community-driven and participative process of data collection. The information can be used to understand community food supply chains, agricultural and food profiles, as well as community economic and health considerations. It can also be used to improve and strengthen a community's food sovereignty. The Green Bay training is sponsored and hosted by the Oneida Tribe of Indians of Wisconsin. The Denver and Tulsa trainings are sponsored by the U.S. Department of Agriculture. Room rates vary by location, so visit the individual registration page for each event, which contain specific logistics and other information. Visit the links below for more information or to register. Green Bay: <a href="https://www.regonline.com/builder/site/Default.aspx?EventID=1822850" target="_blank">https://www.regonline.com/builder/site/Default.aspx?EventID=1822850</a> Denver: <a href="https://www.regonline.com/builder/site/Default.aspx?EventID=1833972" target="_blank">https://www.regonline.com/builder/site/Default.aspx?EventID=1833972</a> Tulsa: <a href="https://www.regonline.com/builder/site/Default.aspx?EventID=1834133" target="_blank">https://www.regonline.com/builder/site/Default.aspx?EventID=1834133</a>
BY STAFF REPORTS
05/02/2016 10:15 AM
TAHLEQUAH, Okla. – Jacob Tanner, Sequoyah High School assistant baseball and softball coach, died on April 28 at age 61. “We are deeply saddened to unexpectedly lose such a valued and respected member of our Sequoyah High School family,” Cherokee Nation Chief of Staff Chuck Hoskin said. “Coach Tanner was a great mentor, teacher and coach for our students. Today, our thoughts and prayers are with his family.” Tanner, known for always smiling, served as the assistant baseball and fast-pitch softball coach and science teacher at Sequoyah since 2006. He also sponsored the robotics program at Sequoyah. “Coach Tanner was very well liked and respected by students, staff and faculty. His passing is a great loss for our Sequoyah family, and we will miss him greatly. Right now, our thoughts and prayers are with his family, players, students, colleagues and all who will be grieving this loss,” Sequoyah Athletic Director Marcus Crittenden said. Tanner served more than 35 years in education, including his time at Sequoyah. Funeral services will be at 10 a.m. on May 4 in The Place Where They Play gym.
BY STAFF REPORTS
04/28/2016 10:00 AM
OCHELATA, Okla. –Tribal Councilor Dick Lay will host a community meeting from noon to 1:30 p.m. on April 30 at the Cooweescoowee Clinic. A meal will be served at noon, and officials with several CN departments will be present to explain the services they provide. For more information, call 918-822-2981.