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File #: JC-12-09    Version: 1 Name: N/A
Type: Tri-Council / Joint Council Status: Passed
File created: 5/1/2009 In control: TRIBAL COUNCIL
On agenda: 5/11/2009 Final action: 5/11/2009
Enactment date: 5/11/2009 Enactment #: JC-12-09
Title: A JOINT COUNCIL RESOLUTION REQUESTING THAT THE EASTERN BAND OF CHEROKEE INDIANS AND CHEROKEE NATION GO ON RECORD REGARDING SUPPORT OF THE FEDERAL RECOGNITION PROCESS
Sponsors: N/A
Indexes: Joint Council
Code sections: N/A - Not Applicable
Attachments: 1. JC-12-09
Title
A JOINT COUNCIL RESOLUTION REQUESTING THAT THE EASTERN BAND OF CHEROKEE INDIANS AND CHEROKEE NATION GO ON RECORD REGARDING SUPPORT OF THE FEDERAL RECOGNITION PROCESS
Body
WHEREAS, the Eastern Band of Cherokee Indians and the Cherokee Nation have exercised the sovereign rights of self-governance on behalf of the Cherokee People since time immemorial; and
WHEREAS, the Cherokee Nation and the Eastern Band of Cherokee Indians since time immemorial have exercised the sovereign rights of self-government on behalf of the Cherokee people: and
WHEREAS, the Cherokee Nation and the Eastern Band of Cherokee Indians are Federally- recognized Indian Nations with a historic and continual government-togovernment relationship with the United States of America; and
WHEREAS, the Joint Council unites the Legislative Branches of government of the Cherokee Nation and the Eastern Band of Cherokee Indians. representing approximately 294,000 Cherokee people throughout the United States of America: and
WHEREAS, the two Cherokee Tribal governments share a common history prior to forced removal in 1838. and then separate histories to the present, yet our common language, culture. and traditions have made the Cherokee Nation and the Eastern Band of Cherokee Indians distinct and unique Native people from other Indian Tribes and other people, as was declared by the Joint Council in Resolution No. 392, adopted on August 11. 1992 in Cherokee. North Carolina; and
WHEREAS, the Cherokee Nation has been aware of a growing number of non-Indian groups claiming to be Cherokee tribes or bands and that these group,, have been organizing and attempting to gain federal recognition, this problem being acknowledged by the Joint Council in Resolution No. 008, adopted on October 3. 1988 in Cherokee, North Carolina; and
WHEREAS, the Department of the Interior through the Bureau of Indian Affairs' Branch of Acknowledgment and Research maintains the responsibility for addressing specific applications for Federal recognition and the Cherokee Nation and Eastern Band of Cherokee Indians fully support the Federal recognition process; and
WHEREAS, the history of the Cherokee Nation and Eastern Band of Cherokee Indians is well documented and no other tribes or bands of Cherokee Indians exist aside from those already Federally recognized, which includes the United Keetoowah Band of Cherokee Indians in Oklahoma; and
WHEREAS, the Eastern Band of Cherokee Indians and the Cherokee Nation in Joint Council assembled in Resolution No. 4-96, adopted on October 4, 1996 have previously expressed opposition to the "State recognition" process by the State of Georgia or other states such as Arkansas in the United States who may seek to recognize a group of 'Cherokee' which do not already have Federal recognition; and
WHEREAS, public funding by pseudo-Cherokee Tribes is of epidemic proportions and often involves membership fees promising individuals services; misleading presentations to school children and interference in a multitude of government functions including U.S. Indian Child Welfare Act cases, and
WHEREAS, the sovereignty, reputation and culture of the Cherokee Nation and Eastern Band of Cherokee Indians, as well as members the general public, continue to be in jeopardy due to the acts of individuals who organize and administer fabricated Cherokee 'Tribes
NOW THEREFORE BE IT RESOLVED by the Joint Council assembled, at which a quorum is present, the Eastern Band of Cherokee Indians and the Cherokee Nation do hereby support the Federal-recognition process of the Department of the Interior as administered by the Bureau of Indian Affairs Branch of Acknowledgment and Research, and endorse the criteria used by the Bureau of Indian Affairs as appropriate.
BE IT FURTHER RESOLVED, the Cherokee Nation and Eastern Band of Cherokee Indians denounce the State or Federal-recognition of any further 'Cherokee' Tribes or Bands, aside from those already Federally recognized, and commit to exposing and assisting State and Federal authorities in eradicating any group which attempts or claims to operate as a government of the ( herokee people
BE IT FURTHER RESOLVED, that no public funding from any Federal or State government should be expended on behalf of non-Federally recognized 'Cherokee' 'Tribes' or `Bands' or individual members thereof.
BE IT FURTHER RESOLVED, the Federal and State governments should stringently apply a Federal definition of "Indian" which includes only Citizens of Federally- recognized Indian tribes, to prevent non-Indians from selling membership in Therokee"Tribes' or groups for the purpose of exploiting the Indian Arts and Crafts Act.
BE IT FURTHER RESOLVED no 50 I (c)(3) organization, State recognized or unrecognized groups shall be acknowledged as Cherokee.
BE IT FURTHER RESOLVED any individual who is not a member of a Federally recognized Cherokee Tribe, in academia or otherwise. is hereby discouraged from claiming to speak as a Cherokee, or on behalf of Cherokee citizens, or using claims of Cherokee heritage to advance his or her career or credentials.
BE IT FURTHER RESOLVED, the Cherokee Nation and the Eastern Band of Cherokee Indians request that the DOI, BIA, Branch of Acknowledgement and Research purge any petition for Federal Recognition from any group claiming to be Cherokee and that hereafter no such applications or petitions be accepted by BAR from any group claiming to be a "new" Cherokee tribe, clan, band or nation.
BE IT FINALLY RESOLVED, this Resolution shall be the policy of the Joint Council of the Cherokee Nation and the Eastern Band of Cherokee Indians until it is withdrawn or modified by subsequent resolution.
Submitted by: Cara Cowan Watts, Deputy Speaker of the Council. Cherokee Nation
Big Cove Council Representative Perry Shell. Eastern Band of Cherokee Indians
Amendment: Fifth "BE IT FURTHER RESOLVED" paragraph, strike the word "discouraged" and replace with "disallowed."