Story of deception as it unfolded on John's Place

Below is narrative presented by Melanie Knight, recently appointed as Sec. of  State for the CNO, to the Rules Committee where it was passed on to the full council, Where on August the 14th in full Council the Resolution was passed by almost a unamamous vote.

The purpose of the narrative is to give the Council members an idea of the history of the Delaware resolution they are to vote on. It is interesting to note that Knight states in the opening paragraph that the negotiations between the Delaware and Cherokee tribes spanned "hours" rather than days, months or years.

Considering the fact that neither the Delaware people, nor the Cherokee people have been consulted or know anything of the true nature of these negotiations or the end product, hours of negotiation makes sense. There is currently under consideration, a MOU (memorandum of understanding) between the Delaware tribe and the CNO, where all of the federal funds and jurisdiction of the Delaware tribe will be under the control of CNO.

This MOU is titled "confidential" and has not been made available to the public or the press. or to the CNO Council, yet they were ask to vote and approve the resolution and did,  that allows Chief Smith to present the bill to Congress as something the Cherokee People are in support of WE ARE NOT!

We are currently seeking a copy and will post it immediately upon receipt. If anyone out there can get a copy. please forward it to John's Place.

TITLE:

A Resolution Approving and Supporting Legislation for Separate Federal Recognition of the Delaware Tribe of Indians

Department Contact: Melanie Knight

Resolution Presenter: Melanie Knight

Council Sponsor: Buel Anglen & Bill Johnson

NARRATIVE:

(See Attached Outline for Information Needed)

The purpose of this resolution is to endorse and support a proposed bill to confer federal recognition status to the Delaware Tribe.

This legislation has been the product of many hours of negotiation meetings with Delaware staff and representation, and maintains the integrity of the Nation’s existing territory and jurisdiction. Federal recognition is a goal important to the Delaware Tribe, and the negotiations have resulted in a product that will achieve federal recognition without compromising the existing powers of the Nation.

Partnerships for programs and services are also authorized by this legislation. The Cherokee and Delaware teams have discussed details about how such partnerships might work upon passage of this legislation, such as the NAHASDA Indian Housing Plan amendment recently approved by the Community Services Committee of the Council providing funds for maintenance of current assisted stock for the Delaware Tribe. Although negotiations such as these have been attempted over the years, none have been as fruitful as these, resulting in an agreed-upon piece of legislation between the negotiation teams.

We trust that Congress will actively work with the two tribes to make federal recognition for the Delaware a reality in this session of Congress.


Within hours of asking the readers of this board to submit a copy of the Delaware recognition bill, numerous copies came to my e-mail from CNO, UKB and Delaware tribal members. I even got a copy from a BIA employee is DC. Here is the bill, pay close attention to Section 6: Also following the bill see the crux of the deception aspect of this complete scam upon the Cherokee and Delaware people,...

The Delaware People may get to vote for approval of this this act placing the control of their lives completely at the whim of CNO and Chief Smith, in addition to the other aspects that will affect  ALL Cherokee Citizens, yet  we Cherokee will not be allowed to vote on  and our representatives were completely duped by the fact of the missing MOU at the time of the vote, it is bad enough they passed the resolution to allow suubmission by Smith with out knowing the impact on their constituents.

A BILL

To provide for the settlement of claims arising from the use and distribution of judgment funds

previously awarded and appropriated to the Delaware Tribe of Indians, the Delaware Nation, the

Kansas Delaware Tribe of Indians, Incorporated, and the Delawares of Idaho, Incorporated; to

correct underpayment of funds distributed pursuant to Pub. L. 96-318, 94 Stat. 968 (Aug. 1,

1980); to provide for the settlement of accounting claims arising from The Delaware Tribe of

Indians and The Delaware Trust Board v. U. S., Civ. No. 02-26L; (Fed. Cl., filed January 8,

2002); to meet the requirements of Delawares of Idaho, Inc., et al. v. Clark, Civ. No. 83-1192 (D.

Idaho 1984); and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

This Act may be cited as the ‘Delaware Judgment Funds Distribution Settlement Act of 2005’.

SEC. 2. DEFINITIONS.

For the purposes of this Act the term -

(1) “Delaware Tribe” means the Delaware Tribe of Indians, Oklahoma, an Indian tribe also formerly known as the “Cherokee Delaware” and the “Eastern Delaware;”

(2) “Delaware Nation” means the Delaware Nation, Oklahoma, an Indian tribe also formerly known as the “Absentee Delaware Tribe of Western Oklahoma” and the “Western Delaware Tribe;”

(3) “Kansas Delaware” means the Kansas Delaware Tribe of Indians, Incorporated, a group of Indians who, pursuant to an 1866 treaty (14 Stat. 793), remained in Kansas rather than move to Oklahoma with the Delaware Tribe;

(4) “Idaho Delaware” means the Delawares of Idaho, Incorporated, a group of Indians who left the Delaware Tribe in or about 1906, eventually settling in Idaho;

(5) “Delaware Indians” means the tribes referenced in paragraphs (1) and (2) and their members and the successful enrollees referenced in paragraph (12).

(6) “1968 Act” refers to Pub. L. 90-508, 82 Stat. 861 (Sept. 21, 1968), to distribute tribal judgment funds relating to Indian Claims Commission docket number 337 to the Delaware Tribe and the Delaware Nation, and to members thereof, and lineal descendants of members of the Delaware Nation as constituted on October 3, 1818;

(7) “1972 Act” refers to Pub. L. 92-456, 86 Stat. 762 (Oct. 3, 1972), to distribute tribal judgment funds relating to Indian Claims Commission docket numbers 298 and 72 to the Delaware Tribe and the Delaware Nation, and to members thereof;

(8) “1980 Act” refers to Pub. L. 96-318, 94 Stat. 968 (Aug. 1, l980), to distribute tribal judgment funds relating to Indian Claims Commission docket numbers 27-A and 241, 289, and 27-B and 338, to the Delaware Tribe, the Delaware Nation, the Kansas Delaware, and the Idaho Delaware, and to members thereof;

(9) “1994 Act” refers to the American Indian Trust Fund Management Reform Act of 1994, 25 U.S.C. §§ 161a, 162a, and 4001-4061, providing for accounting of funds and assets held in trust for Tribes and individual Indians;

(10) “Trust Funds” for the purposes of this Act means certain undistributed funds in tribal judgment accounts identified specifically in this Act, including interest earned on those funds, held in trust and managed by the United States on behalf of the Delaware Indians;

(A) “Joint Delaware Trust Funds” means Trust Funds to be distributed as identified herein among the four entities listed in paragraphs (1) through (4) consistent with the pro rata tribal distribution formula in section 7(c) of the 1980 Act, specifically accounts JA9483106, JA9480698, and JA9483692, as of the date of distribution(s) in accordance with this Act and including all interest, and 63.0 percent of account JA9480102 as of the date of enactment of this Act plus accrued interest from that date.

(B) “Undistributed Delaware Tribe Trust Funds” means Trust Funds that are to be distributed to the Delaware Tribe consistent with this Act, specifically accounts JA9484104, JA9484377, JA9285105, and JA9285378, as of the date of distribution in accordance with this Act and including all interest.

(C) “Undistributed Per Capita Payments to Delaware Tribe Members” means Trust Funds that are to be distributed to Delaware Tribe members consistent with this Act, specifically accounts JA9284108 and JA9284371, as of the date of distribution in accordance with this Act and including all interest pursuant to section 5(d)(4) of this Act.

(D) “Undistributed Idaho Delaware Trust Funds” means Trust Funds that are to be distributed to the Idaho Delaware (or their attorneys) consistent with this Act, specifically accounts JA9483379 and JA9483015, as of the date of distribution in accordance with this Act and including all interest, except for the payments provided for herein.

(E) “Undistributed Kansas Delaware Trust Funds” means Trust Funds that are to be distributed to the Kansas Delaware (or their attorneys) consistent with this Act, specifically account JA9480011 as of the date of distribution in accordance with this Act and including all interest, except for the payments provided for herein, and 37.0 percent of JA9480102 as of the date of enactment plus accrued interest from that date,

(11) “Secretary” means the Secretary of the Interior.

(12) “Successful Enrollee” means a person who received a distribution through entitlement under Section 5(a)(l) and 5(a)(3) of the 1980 Act.

SEC. 3. DELAWARE TRIBE TRUST FUNDS MISMANAGEMENT SETTLEMENT.

The Delaware Tribe and the United States shall file within 30 days of the enactment of this legislation a joint motion for entry of judgment in the amount of $437,165 in Docket No. 02-26L in the United States Court of Federal Claims in full and final judicial settlement of any and all tribal trust fund claims which were or could have been brought in Docket No. 02-26L.

SEC. 4. REQUIREMENTS OF DELAWARES OF IDAHO, INC., ET AL. V. NORTON (FORMERLY DELAWARES OF IDAHO, INC., ET AL. V. CLARK), CIV. NO. 83-1192 (D. IDAHO 1984).

Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, not later than 60 days after the motion for judgment referenced in section 3 is granted by the United States Court of Federal Claims, the United States, on behalf of the Secretary of the Interior, shall commence procedures to satisfy the monetary obligations identified in the October 2, 1984 Judgment in Delawares of Idaho, Inc., et al. v. Clark, Civ. No. 83-1192 (D. Idaho 1984) through payment, including interest, from the Permanent and Indefinite Appropriation for Judgments (31 U.S.C. § 1304). Payment under this section shall be made as follows:

(1) The Secretary shall make per capita payments to the Delaware Tribe enrollees identified as having been underpaid in the Memorandum Decision and Judgment entered in Civil No. 83-1192 on October 2, 1984 as follows:

(A) Sums payable to living enrollees age eighteen or older shall be payable directly to such persons.

(B) Sums payable to a deceased enrollee shall be distributed to the appropriate heirs and legatees of deceased enrollees, in accordance with the existing regulations of the Secretary pertaining to distributions to heirs and legatees.

(C) Sums payable to enrollees or their heirs who are under age eighteen or who are under legal disability other than minority shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons.

(D) Any per capita payment which would be payable under this subsection of this Act of less than $5.00 shall be aggregated and paid to the Delaware Tribe for programming purposes.

(E) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, any residual funds remaining one year after the Secretary has completed distributions in accordance with this subsection shall be distributed to the Delaware Tribe for programming purposes. The Secretary shall not be required to make more than one series of per capita payments under this section before determining that remaining funds are residual.

(2) The Secretary shall make per capita payments to the Kansas Delaware and Idaho Delaware enrollees identified as having been underpaid in the Memorandum Decision and Judgment entered in Civil No. 83-1192 on October 2, 1984 as follows:

(A) Sums payable to living enrollees age eighteen or older shall be payable directly to such persons.

(B) Sums payable to a deceased enrollee shall be distributed to the appropriate heirs and legatees of deceased enrollees, in accordance with the existing regulations of the Secretary pertaining to distributions to heirs and legatees.

(C) Sums payable to enrollees or their heirs who are under age eighteen or who are under legal disability other than minority shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons.

(D) Any per capita payment which would be payable under this subsection of this Act of less than $5.00 shall be aggregated and paid 19.0 percent to the Delaware Nation, and 81.0 percent to the Delaware Tribe for the programming purposes of said tribes.

(E) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the l968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, any residual funds remaining one year after the Secretary has completed distributions in accordance with this subsection shall be distributed 17.0 percent to the Delaware Nation and 83.0 percent to the Delaware Tribe for programming purposes of said tribes. The Secretary shall not be required to make more than one series of per capita payments under this subsection before determining that remaining funds are residual.

(3) The Secretary shall use the updated rolls prepared under section 5 of this Act in making the distributions under this section.

SEC. 5. DISTRIBUTION OF TRUST FUNDS.

(a) JOINT DELAWARE TRUST FUNDS - Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, the Secretary shall distribute the Joint Delaware Trust Funds as follows:

(1) 17.0 percent to the Delaware Nation for programming purposes not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims,

(2) 72.0 percent to be distributed per capita to the members of the Delaware Tribe in accordance with subsection (b) of this section,

(3) 11.0 percent to be distributed to Kansas and Idaho Delawares in accordance with subsection (e) of this section.

(b) PER CAPITA DISTRIBUTION FOR THE DELAWARE TRIBE - The Secretary shall, not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims, commence procedures to:

(1) Update the roll prepared by the Secretary under section 5(a)(2) of the 1980 Act for the per capita distribution of subsection (a)(2) funds in this section.

(A) The Secretary may enter into a contract with the Delaware Tribe for the purpose of updating the roll. The roll shall be updated in order to permit the distribution under paragraph (2) of this subsection.

(B) If the Secretary enters into a contract with the Delaware Tribe for the purpose of updating the roll prepared under section 5(a)(2) of the 1980 Act, notwithstanding the Privacy Act, 5 U.S.C. § 552a, or any other provision of law, the Secretary shall provide to the Delaware Tribe the roll prepared by the Secretary pursuant to section 5(a)(2) of the 1980 Act, and any other information reasonably necessary to fulfill such contract.

(2) Distribute these funds as follows:

(A) Sums payable to living enrollees age eighteen or older shall be payable directly to such persons.

(B) Sums payable to a deceased enrollee shall be distributed to the appropriate heirs and legatees of deceased enrollees, in accordance with the existing regulations of the Secretary pertaining to distributions to heirs and legatees.

(C) Sums payable to enrollees or their heirs who are under age eighteen or who are under legal disability other than minority shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons.

(D) Any per capita payment which would be payable under this subsection of this Act of less than $20.00 shall be aggregated and paid to the Delaware Tribe for programming purposes.

(E) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, any residual funds remaining one year after the Secretary has completed distributions in accordance with this subsection shall be distributed to the Delaware Tribe for programming purposes. The Secretary shall not be required to make more than one series of per capita payments under this subsection before determining that remaining funds are residual.

(c) UNDISTRIBUTED DELAWARE TRIBE TRUST FUNDS - Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims, the Secretary shall distribute all Undistributed Delaware Tribe Trust Funds to the Delaware Tribe for programming purposes.

(d) UNDISTRIBUTED PER CAPITA PAYMENTS TO DELAWARE TRIBE MEMBERS - Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, the Secretary shall:

(1) Not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims, commence procedures to determine, based on available records, to which Delaware Tribe members per capita payments are still owed pursuant to the 1972 Act.

(2) To the extent necessary to make per capita payments to the Delaware Tribe members identified in paragraph (1), update the roll prepared by the Secretary under the 1972 Act for the per capita distribution of these funds.

(A) The Secretary may enter into a contract with the Delaware Tribe for the purpose of updating the roll. The roll shall be updated in order to permit the distribution under this subsection.

(B) If the Secretary enters into a contract with the Delaware Tribe for the purpose of updating the roll prepared under the 1972 Act, notwithstanding the Privacy Act, 5 U.S.C. § 552a, or any other provision of law, the Secretary shall provide to the Delaware Tribe the roll prepared by the Secretary pursuant to the 1972 Act, and any other information reasonably necessary to fulfill such contract..

(3) Make per capita payments to the Delaware Tribe members identified by the research outlined in this section of this Act. Such payments shall be made consistent with the procedures in section 5(b)(2) of this Act.

(4) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, any residual funds remaining one year after the Secretary has completed distributions in accordance with this subsection shall be distributed to the Delaware Tribe for programming purposes. The Secretary shall not be required to make more than one series of per capita payments under this subsection before determining that remaining funds are residual.

(e) UNDISTRIBUTED KANSAS DELAWARE AND UNDISTRIBUTED IDAHO DELAWARE TRUST FUNDS - The Secretary shall, not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims, commence procedures to:

(1) Update the roll prepared by the Secretary under sections 5(a)(l) and 5(a)(3) of the 1980 Act for the per capita distribution of subsection (a)(3) funds in this section. The Secretary may enter into a contract with the Kansas Delawares and Idaho Delawares for the purpose of updating their respective rolls. The rolls shall be updated in order to permit the distribution under paragraph (3) of this subsection.

(2) If the Secretary enters into a contract with the Kansas Delawares and Idaho Delawares for the purpose of updating the rolls prepared under the 1980 Act, notwithstanding the Privacy Act, 5 U.S.C. § 552a, or any other provision of law, the Secretary shall provide to the Kansas Delawares and Idaho Delawares the rolls prepared by the Secretary pursuant to the 1980 Act, and any other information reasonably necessary to fulfill such contract..

(3) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, the Secretary shall distribute all Undistributed Kansas Delaware Trust Funds and all Undistributed Idaho Delaware Trust Funds as follows:

(A) To correct payments erroneously made from a Delaware Tribe account to Kansas Delaware enrollees, 37.0 percent of account JA9480102 as of the date of enactment of this Act plus accrued interest from that date shall be transferred to the Delaware Tribe for programming purposes not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims.

(B) Moneys set aside under the 1980 Act, currently held in trust for attorneys fees, and determined by the Secretary to be owing shall be distributed to the appropriate attorney(s) not later than 60 days after the motion for judgment is granted by the United States Court of Federal Claims.

(C) 9.2 percent of the Joint Delaware Trust Funds, along with Undistributed Kansas Delaware Trust Funds remaining after distributions under paragraphs (A) and (B), per capita to Successful Enrollees of the Kansas Delaware.

(D) 1.8 percent of the Joint Delaware Trust Funds, along with Undistributed Idaho Delaware Trust Funds remaining after distributions under paragraphs (A) and (B), per capita to Successful Enrollees of the Idaho Delaware.

(E) Sums payable to living Successful Enrollees of the Kansas Delaware and living Successful Enrollees of the Idaho Delaware age eighteen or older shall be payable directly to such persons.

(F) Sums payable to a deceased Successful Enrollee of the Kansas Delaware and to a deceased Successful Enrollee of the Idaho Delaware shall be distributed to the appropriate heirs and legatees of deceased Successful Enrollees, in accordance with the existing regulations of the Secretary pertaining to distributions to heirs and legatees.

(G) Sums payable to Successful Enrollees of the Kansas Delaware and Successful Enrollees of the Idaho Delaware or their heirs who are under age eighteen or who are under legal disability other than minority shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interests of such persons.

(H) Any per capita payment which would be payable under this subsection of less than $20.00 shall be aggregated and paid 19.0 percent to the Delaware Nation and 81.0 percent to the Delaware Tribe for the programming purposes of said tribes.

(I) Notwithstanding the 1994 Act, the 1980 Act, the Act of October 19, 1973 (87 Stat. 466), the 1972 Act, the 1968 Act, 25 U.S.C. § 164, or any other law, or any regulation or plan promulgated pursuant thereto, any residual funds remaining one year after the Secretary has completed distributions in accordance with this subsection shall be distributed 17.0 percent to the Delaware Nation and 83.0 percent to the Delaware Tribe for programming purposes of said tribes. The Secretary shall not be required to make more than one series of per capita payments under this subsection before determining that remaining funds are residual.

SEC. 6. DELAWARE TRIBE STATUS.

(a) DEFINITIONS.

In addition to the terms defined in section 1, in this section:

(1) “Cherokee Nation” means the Cherokee Nation, with its headquarters located in Tahlequah, Oklahoma. The Cherokee Nation is a federally recognized Indian tribe having validly adopted its current constitution on July 26, 2003, and having maintained a continuous government-to-government relationship with the United States since the earliest years of the Union, entered into various treaties with the United States, including but not limited to the Treaty at Hopewell, executed on November 28, 1785 (7 Stat. 18), and the Treaty at Washington, D.C., executed on July 19, 1866 (14 Stat. 799), and possesses the inherent authority and powers of sovereignty and the right to self-government which have never been extinguished.

(2) “Cherokee Nation Jurisdictional Boundary” means those boundaries described by the patents of 1838 and 1846, diminished only by the Treaty of July 19, 1866, and the Act of March 3, 1893, and expanded by lands acquired outside of said patent boundaries in trust or restricted status since 1893.

(3) “Restricted land” means any land, the title to which is held in the name of an Indian or Indian tribe subject to restrictions by the United States against alienation.

(4) “Trust land” means land, the title to which is held by the United States in trust for the benefit of an Indian tribe or individual.

(5) “1867 Agreement” means the agreement entered into by and between the Delaware Tribe and the Cherokee Nation on April 8, 1867, and approved by the President on April 11, 1867, pursuant to Article XV of the July 19, 1866 Treaty between the United States and the Cherokee Nation, 14 Stat. 799.

(6) “Indian Country” means “Indian Country” as defined by federal law.

(b) FEDERALLY RECOGNIZED STATUS OF THE DELAWARE TRIBE OF INDIANS, OKLAHOMA

(1) In general.--Notwithstanding the 1867 Agreement or any other law, treaty, or court decision, the Delaware Tribe of Indians, Oklahoma, is confirmed as a distinct tribal entity entitled to be included on the list of tribal entities published in the Federal Register pursuant to the Act of November 2, 1994, Public Law 103-454 (108 Stat. 4792) (“List”) and, except as expressly provided herein, is eligible by virtue of its restored status as a recognized Indian tribe for the special programs and services provided by the United States to Indian tribes. The Delaware Tribe of Indians, Oklahoma, shall be considered recognized to and on the List as of the date of enactment of this Act, and the Secretary shall include the Delaware Tribe on the next List published in the Federal Register. Except to any extent limited in this section, the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. §§ 501 et seq.) (commonly known as the “Oklahoma Indian Welfare Act”), and all laws and rules of law of the United States of general application to Indians, Indian tribes, or Indian reservations shall apply to the Delaware Tribe, and to its members and lands.

(2) Within the Cherokee Nation Jurisdictional Boundary.--Congress acknowledges the complex history between the Delaware Tribe and the Cherokee Nation resulting from the 1867 Agreement between the two tribes and that the Cherokee Nation is the only Indian tribe, federally recognized or otherwise, which has jurisdictional authority and concomitant governmental powers in Indian Country within the Cherokee Nation Jurisdictional Boundary. Therefore and notwithstanding subsection (1), Congress recognizes within the Cherokee Nation Jurisdictional Boundary only the following with respect to the relationship among the United States, the Delaware Tribe, and the Cherokee Nation:

(A) GOVERNMENT PROGRAMS AND SERVICES FOR INDIANS AND INDIAN TRIBES--

(i) In general.--Subject to the provisions of this section, the Delaware Tribe and its members are eligible for all special programs and services provided by the United States to Indians because of their status as Indians.

(ii) Continuation of benefits.—Except as provided in subparagraphs (iii) and (iv), members of the Delaware Tribe who reside within the Cherokee Nation Jurisdictional Boundary and are eligible for state or federal program services or benefits because of their status as Indians shall receive such services or benefits through the Cherokee Nation.

(iii) Administration by Delaware Tribe.—Within the Cherokee Nation Jurisdictional Boundary, the Delaware Tribe shall be eligible to apply for and administer:

(1) the special programs and services provided by the United States to Indians because of their status as Indians;

(2) those other state and federally funded programs and services which both are available only to governments and which require jurisdiction over territory, land, or natural resources;

(3) those other state and federally funded programs and services for which the Delaware Tribe applies in a capacity which is dependent on its status as a state or federally recognized Indian tribe; or

(4) those other state and federally funded programs and services for which the operation or application of the program would occur on Indian Country within the Cherokee Nation Jurisdictional Boundary,

only if: (a) the Cherokee Nation and the Delaware Tribe enter a written agreement regarding the operation by the Delaware Tribe of such programs and services; (b) the Cherokee Nation, through its Secretary of State, makes a written determination that the Nation is ineligible, or chooses not, to apply; or (c) thirty days after the receipt of written notice specifying a particular program or service, sent via certified mail return receipt requested by the Delaware Tribe to the Secretary of State of the Cherokee Nation, the Cherokee Nation has not objected in writing to the Delaware Tribe.

(iv) Within the Cherokee Nation Jurisdictional Boundary and without an agreement required under subparagraph (iii), the Delaware Tribe expressly shall be entitled to apply for, administer, or otherwise avail itself of those programs and services which are generally available but which are not subject to subparagraph (iii). The Delaware Tribe shall notify the Cherokee Nation in writing of its intent to apply for any funds under this subparagraph.

(v) Cooperative agreements.--Nothing in this section shall restrict the Delaware Tribe and the Cherokee Nation from entering into written cooperative agreements to provide programs or services, and such agreements, as well as agreements under subparagraph (iii) of this subsection, shall be honored by state and federal agencies unless otherwise prohibited by law.

(B) TRIBAL AND INDIVIDUAL INDIAN LANDS.

(i) In general.--By virtue of its status under subsection (b)(1) of this section, the Delaware Tribe shall be eligible to have land acquired in trust for its benefit, including under the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. §§ 461 et seq.), section 1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. § 501), and any other similar federal law.

(ii) Certain land in Historic Delaware Territories Outside the Cherokee Nation Jurisdictional Boundary.—In order to reestablish a land base for the Delaware Tribe outside the Cherokee Nation Jurisdictional Boundary and notwithstanding any other provision of law but subject to subparagraph (iii) of this subsection, if the Delaware Tribe transfers to the Secretary any land outside of the Cherokee Nation Jurisdictional Boundary but within a historic treaty boundary or within the aboriginal area of the Delaware Tribe, the Secretary shall take such land into trust for the benefit of the Delaware Tribe; provided that the Secretary is not required to take more than a total of 1,500 acres in trust under this subparagraph.

(iii) Restriction.--No land within the Cherokee Nation Jurisdictional Boundary may be taken into trust or restricted status under any provision of law for the benefit of the Delaware Tribe without the written consent of the Cherokee Nation.

(iv) With respect to all Indian Country within the Cherokee Nation Jurisdictional Boundary, including but not limited to that Indian Country which is related to the Delaware Tribe or a member of the Delaware Tribe, the Cherokee Nation shall retain exclusive tribal jurisdiction over such lands unless the Cherokee Nation and the Delaware Tribe agree otherwise in writing. The preceding sentence is not intended to diminish the Delaware Tribe’s authority to control and regulate its own governmental affairs generally within the jurisdiction of federally recognized Indian tribes where such jurisdiction is not dependent on territorial jurisdiction or the situs or location of the activities, such as the authority of taxation and regulation of its own entities, elections, and members; nor is the preceding sentence intended to abrogate the sovereign immunity of the Delaware Tribe; provided that the Delaware Tribe’s sovereign immunity will not bar the Cherokee Nation from regulating, enforcing laws against, bringing suit as a result of, or otherwise exercising its jurisdiction over any activities occurring on Indian Country within the Cherokee Nation Jurisdictional Boundary, except that in reference to activities of the Delaware Tribe which are governmental in nature, the Cherokee Nation shall only exercise jurisdiction over such activities if such conduct is prohibited by Cherokee Nation or applicable federal public health, environmental, and/or criminal codes. This section expressly permits the Cherokee Nation to tax and regulate activities of the Delaware Tribe on Indian Country within the Cherokee Nation Jurisdictional Boundaries which are otherwise taxed and regulated under the Cherokee Nation code even where such activities are also taxed or regulated by the Delaware Tribe, including the regulation of Delaware Tribal businesses. Nothing herein shall be construed to diminish the Cherokee Nation’s jurisdiction or sovereign powers.

(v) Nothing in this Act shall be construed to affect the restrictions against alienation of any individual Indian’s land and those restrictions shall continue in force and effect.

(vi) The Delaware Tribe may not obtain land in trust within the Cherokee Nation Jurisdictional Boundary or use any Indian lands within the Cherokee Nation Jurisdictional Boundary to conduct gaming under the Indian Gaming Regulatory Act without the written consent of the Cherokee Nation.

(vii) Any agreements entered into between the Delaware Tribe and the Cherokee Nation, and any consent or refusal of consent by the Cherokee Nation, pursuant to any subparagraph in Paragraph B shall be honored by state and federal agencies unless otherwise prohibited by law.

(c) ORGANIZATION, MEMBERSHIP, AND ASSETS OF THE DELAWARE TRIBE.

(1) The 1982 Constitution and the existing bylaws of the Delaware Tribe and the officers and members of the Delaware Tribal Council, as constituted on the date of the enactment of this Act, are hereby recognized respectively as the governing documents and governing body of the Delaware Tribe.

(2) The membership roll maintained by the Delaware Tribe under its 1982 Constitution and based on lineal descendancy from the Delaware Tribe per capita roll approved by the Secretary of the Interior on April 20, 1906, is approved. Future membership in the Delaware Tribe shall be as determined under the eligibility requirements set out in that constitution or under such future membership requirements as the Delaware Tribe may adopt.

(3) Notwithstanding this section, the Delaware Tribe shall have the right to reorganize its tribal government pursuant to section 3 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. § 503) should it so choose.

(4) Notwithstanding any other law or court decision, the Delaware Tribe shall be entitled to retain all assets and interests, tangible and intangible, received by the Delaware Tribe from the United States or acquired through the use of federal program funds prior to enactment of this Act based on the United States’ treatment of the Delaware Tribe as a federally recognized tribe or as a separate tribal group with a distinct tribal identity.

(d) TREATIES NOT AFFECTED. No provision of this section shall be construed to constitute an amendment, modification, or interpretation of any treaty to which a tribe referred to in this section is a party nor to any right secured to such a tribe or to any other tribe by any treaty.

(e) CONSTRUCTION. Should any provision of this section be in conflict with existing law, this section shall supercede such other law. There is no intent in this section to limit the status of the Delaware Tribe or the benefits flowing therefrom except to the extent stated and solely to protect the Cherokee Nation’s interests within the Cherokee Nation Jurisdictional Boundary.

(f) SOVEREIGN IMMUNITY. The sovereign immunity of the Cherokee Nation or the Delaware Tribe shall not prevent the other from enforcing the provisions of this Act in a federal district court.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act.


If in all the world a red flag has ever been raised this is one for the Delaware People and the Councilors of the Cherokee Nation of oklahoma and needs to be completely halted!

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"CONFIDENTIAL and PRIVILEGED: Not for distribution

Negotiations with Delawares --- overall MOU

Proposal by Cherokee Nation

Housing

• 2006 maintenance funds: Agree to negotiate Subrecipient Agreement for maintenance and associated activities between the Nation and the Delaware Housing Authority. Due to HUD by July 1. (COMPLETED) This amounts to over $574,000 to be received by the Housing Authority of the Delaware Tribe.

• 2005 maintenance funds: Although the application deadline has passed, Chief Douglas submitted a letter to HUD requesting these funds be made available to the Cherokee Nation for purposes of a Subrecipient Agreement with Delaware. Because these funds, estimated at over $500k, will be in addition to any funds needed for maintenance activities, the Nation is willing to negotiate with Delaware Housing Authority terms whereby these funds may support additional eligible housing activities.

• Subrecipient agreements would be reviewed after October 31, 2006, and the parties will re-evaluate whether to negotiate a successor Subrecipient arrangement for 2007.

• Applications for ICDBG on a case-by-case evaluation. The Nation would respond upon receipt of the conceptual framework of an ICDBG proposal from Delaware. The existence of competition with the Nation would not necessarily nullify approval for a separate application from the Delaware Tribe.

• The Nation agrees that the Delaware Tribe has the ability to apply for and receive housing funding on some other basis than tribal or governmental status (i.e., non-profit status). The Nation does not object to such funding. Further, the proposed recognition language provides that the Delaware Tribe may also apply as a governmental entity for programs that are not specifically “Indian” programs, under certain conditions in the legislation.

Health

• The Nation agrees to consider naming and appearance of Bartlesville health operation to have Delaware influence. On this and other matters related to health care services in the Bartlesville area, the Cherokee Nation Health Services Group will consult with Delaware in their preferred forum (Tribal Council, Health Board, etc.). This will provide the forum for input to health programming and feedback regarding services in the Bartlesville area.

• The Nation will provide prenatal care, as appropriate, at the existing Bartlesville Health Clinic and will obtain additional training for its Bartlesville provider as needed.

• Cherokee Nation Healthy Nations department will conduct an assessment for a potential wellness program for the Delaware community. Healthy Nations will assist the community with information and technical assistance in developing a community based wellness program.

• Cherokee Nation Behavioral Health Services Community Prevention Program will conduct an assessment for potential establishment of BHS community prevention programs for the Delaware community.

• Any health services jointly developed and/or funded by either party will follow the IHS eligibility policy.

• The Cherokee Nation will utilize Delaware facilities for CN Health programs wherever feasible. The Delaware Tribe will assist the Nation in identifying buildings or land to utilize for health services. The Nation will assign the Facilities staff to complete a visit and assessment of Delaware buildings and property to determine what uses could be developed, with consideration of the Nation’s short- and long-term health planning with Delaware’s physical resources.

• Equipment (wellness and clinical) – We propose that the medical equipment be transferred to the Bartlesville clinic operated by the Nation and that the wellness equipment be retained by Delaware for use in their wellness program.

• Diabetes grant – The Nation would agree to transfer an amount equal to the former Diabetes grant allocation to the Delaware Tribe on an annual basis, for the purpose of supporting the operation of the wellness program described above. The amount of this allocation is $33,088 per year. The MOU would describe the terms and conditions for this funding.

• Tribal Mgmt grants – as with other competitive grants, the Nation would agree to evaluate this on a case-by-case basis. If the Nation declines to compete, the Nation will give the Delaware Tribe a letter of notification upon request.

Administration for Native Americans

• It is agreed that there will be no limitation on Delaware applying under the “non-profit” eligibility, rather than the “tribal” eligibility criteria.

• Grant applications as an eligible tribe would be evaluated on a case-by-case basis, with the exception of Language grants. The existence of competition with the Nation would not necessarily nullify approval of a separate Delaware application.

• The Nation agrees that the Delaware Tribe have the unfettered ability to apply for the ANA Language grant, without further approvals from the Nation, even though such applications may compete with those submitted by the Nation.

HHS, Child Care and Development Fund

• There seems to be joint agreement to discontinue the MOA with the Washington Co. non-profit organization and enter an MOA with the Delaware instead for continuance of this program. This should be relatively simple to accomplish. The Nation agrees to enter into such a MOA with either the Tribe or the present organization, at the Delaware Tribes’ option.

HHS, Administration on Aging

• Elder Nutrition, Title VI. The Nation agrees for the Delaware Tribe to apply and receive funding for the Delaware elder nutrition program.

HHS, LIHEAP

• The Nation agrees for the Delaware Tribe to apply and receive funding for the Delaware LIHEAP program.

Department of Commerce, Small Business Administration

• The Delaware Tribe has obtained 8(a) contractor status, and they wish to retain that status. Although there is the possibility that the tribes may be in competition with one another for contracting, the Nation agrees that the Delaware Tribe should retain their 8(a) status and have the ability to compete for any contracts for which they are eligible utilizing that status.

The parties agree:

1. that once a proposed piece of legislation is agreed upon, to jointly present to Congressional representation and utilize appropriate resources to advocate for such legislation;

2. to present and process the legislation internally to achieve any required or necessary approvals of the legislation;

3. that should issues, questions or changes be presented by staffers, Congressional representatives or others, that the parties shall first review these jointly and mutually agree on the course of action. Once the parties agree on the course of action, this will be communicated to Congressional representatives. Both parties agree to address these issues timely and in good faith;

4. that at no time will the parties independently advocate to Congress a position different than that presented in the mutually-agreed legislation."