The United States Congress is currently considering a number of legislative proposals that could significantly impact the Cherokee Nation. Among these, one bill, designated H.R. 2824, has sparked considerable concern and debate due to its potential to terminate the federal recognition of the Cherokee Nation. This article will delve into the specifics of H.R. 2824, examining its stated purpose, the legislative process it faces, and the broader implications for the Cherokee Nation and its citizens.
Understanding Federal Recognition
Before exploring the specifics of H.R. 2824, it’s crucial to understand the significance of federal recognition for Native American tribes. Federal recognition is a formal acknowledgment by the United States government that a specific Native American group exists as a sovereign entity with a unique political and cultural identity. This recognition carries with it a number of important rights and privileges, including:
- Government-to-Government Relationship: Federal recognition establishes a direct relationship between the tribe and the federal government, allowing for consultation on matters affecting the tribe’s interests.
- Eligibility for Federal Programs and Services: Federally recognized tribes are eligible for a wide range of federal programs and services, including healthcare, education, housing, and economic development assistance.
- Land Rights: Federal recognition often affirms the tribe’s rights to its ancestral lands, including the power to manage and protect those lands.
- Sovereign Immunity: Federally recognized tribes possess sovereign immunity, which protects them from certain lawsuits.
The termination of federal recognition would therefore have profound and far-reaching consequences for the tribe, impacting its political status, economic well-being, and cultural preservation.
H.R. 2824: An Examination of the Bill
House Resolution 2824, as introduced to Congress, outlines a specific course of action concerning the Cherokee Nation of Oklahoma. The core objective of this bill is to sever the existing government relations between the United States and the Cherokee Nation of Oklahoma. This severance would remain in effect until the Cherokee Nation of Oklahoma takes specific actions related to tribal citizenship.
Specifically, the bill stipulates that the termination of relations would continue until the Cherokee Nation restores full tribal citizenship to the Cherokee Freedmen. The Cherokee Freedmen are descendants of enslaved people once owned by members of the Cherokee Nation. Their citizenship status within the tribe has been a subject of legal and political contention for many years. The bill references the March 3, 2007, Cherokee Nation vote on the issue of Freedmen citizenship as a key point of contention.
Furthermore, H.R. 2824 demands that the Cherokee Nation fulfill all its treaty obligations with the Government of the United States. This aspect of the bill suggests concerns about the Cherokee Nation’s adherence to the terms and conditions outlined in historical treaties between the tribe and the U.S. government. The phrase "and for other purposes" at the end of the bill’s summary indicates that the legislation may encompass additional, unspecified objectives related to the Cherokee Nation.
The implications of Bill being sponsored to terminate the Cherokee tribe from Federal Recognition, are significant.
The Legislative Process
As with any proposed legislation, H.R. 2824 must navigate a complex legislative process before it can become law. The bill is currently in the initial stages of this process, having been referred to the House Natural Resources Committee and the House Judiciary Committee.
These committees play a crucial role in scrutinizing the bill, holding hearings, and potentially amending its language. During committee hearings, experts, stakeholders, and members of the public may be invited to testify and provide their perspectives on the bill. The committees then have the power to revise the bill in what are known as "markup sessions." These sessions can result in significant changes to the bill’s original language and intent.
If the committees approve the bill, it will then be sent to the full House of Representatives for a vote. If the House passes the bill, it will then be sent to the Senate for consideration. The Senate may also hold committee hearings, amend the bill, and ultimately vote on its passage. If the House and Senate pass different versions of the bill, a conference committee is formed to reconcile the differences between the two versions. The resulting compromise bill must then be approved by both the House and the Senate before it can be sent to the President for signature. If the President signs the bill, it becomes law.
The Cherokee Freedmen and the Citizenship Debate
The central issue driving H.R. 2824 is the citizenship status of the Cherokee Freedmen. The history of the Cherokee Freedmen is deeply intertwined with the history of slavery in the United States. Prior to the Civil War, some members of the Cherokee Nation owned enslaved people of African descent. Following the war, a treaty between the United States and the Cherokee Nation in 1866 granted citizenship to the Freedmen and their descendants.
However, in 2007, the Cherokee Nation held a referendum in which tribal members voted to remove the Freedmen from the tribal rolls. This decision sparked legal challenges and ignited a debate about the meaning of the 1866 treaty and the rights of the Freedmen. Proponents of Freedmen citizenship argue that the 1866 treaty guarantees their rights as citizens of the Cherokee Nation and that the 2007 referendum violated those rights. Opponents argue that the Cherokee Nation has the sovereign right to determine its own citizenship criteria. This complex legal and ethical debate lies at the heart of H.R. 2824.
Potential Impacts and Concerns
The potential termination of federal recognition for the Cherokee Nation raises a number of serious concerns. As mentioned earlier, federal recognition provides access to vital federal programs and services that support the health, education, and economic well-being of Cherokee citizens. Losing this recognition could have devastating consequences for the tribe and its members.
Furthermore, the termination of federal recognition could undermine the Cherokee Nation’s sovereignty and its ability to govern itself. It could also jeopardize the tribe’s land rights and its ability to protect its cultural heritage. The passage of Bill being sponsored to terminate the Cherokee tribe from Federal Recognition, would have a lasting negative impact on the tribe.
Beyond the direct impacts on the Cherokee Nation, the passage of H.R. 2824 could set a dangerous precedent for other federally recognized tribes. It could embolden those who seek to challenge the sovereignty and rights of Native American tribes across the country. The Bill being sponsored to terminate the Cherokee tribe from Federal Recognition, could potentially lead to a domino effect, where other tribes find their federal recognition threatened.
Taking Action
In response to H.R. 2824, many individuals and organizations have mobilized to defend the Cherokee Nation’s federal recognition. Petitions have been circulated, urging members of Congress to oppose the bill. Sample letters have been drafted to help people contact their elected officials and express their concerns.
It is essential for citizens to engage in the legislative process and make their voices heard. By contacting their representatives in Congress, individuals can help to ensure that the Cherokee Nation’s rights and sovereignty are protected. The information provided in the original article regarding contacting representatives and signing petitions remains relevant and important for those who wish to take action. This Bill being sponsored to terminate the Cherokee tribe from Federal Recognition, has garnered the attention of many people across the nation.