The Cherokee Nation recently filed a lawsuit against the
federal government to uncover details about how the United States throughout
history managed the tribe’s trust fund, which includes money, property and other
resources. The claim was filed in federal court in the Western District of
Oklahoma on the 231st anniversary of the Treaty of Hopewell, the first treaty between
the Cherokee Nation and the United States government. In the Treaty of
Hopewell, the United States agreed its actions would be for “the benefit and comfort”
of the Cherokee Nation. Sadly, the United States violated this treaty and every
other treaty signed with the Cherokee Nation’s government.
This current lawsuit is about holding the federal government
accountable; it is about making sure there is an accurate accounting of the
vast Cherokee trust fund, the money and natural resources, including the land,
coal, timber, water, grazing, and oil and gas, that the federal government
agreed to hold in trust for the benefit
of the Cherokee Nation.
As a trustee, the federal government managed the Cherokee
trust fund, handling the money earned off the land and resources. The federal government’s
reports state that Indian trust funds were handled with a “pitchfork.” As a
result, many of the recorded transactions are lost or scattered across the
country in epically disorganized accounting books. Our hope and desire are to
address the information and management gap at the core of the federal
government’s mishandling.
At different times
throughout history, Cherokee lands in Indian Territory were taken, sold or
leased by the federal government, the most powerful and sophisticated government
in the world. Yet, because of the federal government’s management, we cannot
get an accurate accounting of what it did with the revenue from our natural
resources. The resources relate to the treaty lands of the Cherokee Nation, including
the current 14-county jurisdiction of our tribe.
The federal government can’t tell us what it did with our trust
fund resources; it can’t tell us what profit was realized from the sale of
those resources; it can’t tell us where the money went or whether it was fairly
and justly allocated to the tribe as negotiated and agreed upon. We believe the
United States government should live up to its word, and we think most
Americans feel the same way.
This is a tremendous opportunity for the United States to
reconcile its management of the Cherokee trust fund over the centuries and to finally
account for the resources that it was legally obligated to manage for the
benefit of the Cherokee people. We believe the Cherokee Nation is in a position
of strength in this litigation and that the Nation is able to pursue its legal
interests to hold the federal government accountable. Yes, lawsuits by nature
are adversarial, but this is a chance for the government of the United States
to do what is right. This can chart a path of healing and of stronger
cooperation between our governments going forward.
The United States has a trust responsibility to the Cherokee
Nation, and similar duties to other tribes nationwide. In the recent past, the
United States was sued by other tribes seeking an accounting like the Cherokee
Nation seeks in this lawsuit. The United States, ultimately, never provided any
accountings in those other cases, but instead it has paid other tribes the
values of the trust funds for which it cannot account. To date, there have been
dozens of such settlements spanning the Clinton, Bush and Obama
administrations.
Without a doubt, this lawsuit is overdue, and as Principal
Chief it is essential for me to hold the United States accountable for the
promises made. As a leader among tribal governments, we hope Cherokee Nation’s
lawsuit helps all of Indian Country move forward. We have very strong claims,
and we are hopeful for a positive outcome in the courtroom. This suit will mean
a brighter future for the Cherokee Nation.
Learn more at www.brokentreaties.com
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