The journey toward self-determination for Indigenous nations in the United States is often a complex and arduous one, fraught with legal battles, political negotiations, and the enduring legacy of historical injustices. In a significant development highlighting the intricacies of this process, the Delaware Tribe of Indians took a major step toward reclaiming its federal status. This achievement was significantly aided by a resolution passed by the Cherokee Nation councilors, signaling a potential turning point in the Delaware’s long struggle. This article will delve into the historical context, the specific details of the agreement, and the potential implications of this renewed pursuit of federal recognition for the Delawares.
A History of Recognition and Loss
The Delaware Tribe, also known as the Lenni Lenape, boasts a rich and storied history, predating the arrival of European colonists in North America. Their ancestral lands encompassed a vast territory spanning present-day New Jersey, Pennsylvania, Delaware, and parts of New York. The tribe engaged in early treaties with European powers, shaping the political landscape of the nascent colonies.
However, like many Indigenous nations, the Delawares faced displacement, forced removal, and broken treaties as westward expansion intensified. The tribe was pushed westward, eventually settling in Oklahoma. Over time, the federal government formally recognized the Delaware Tribe, establishing a government-to-government relationship that afforded them certain rights and protections.
Tragically, this recognition was revoked in 2005 following a legal dispute with the Cherokee Nation. The 10th U.S. Circuit Court of Appeals ruled against the Delaware Tribe, citing treaty provisions that ultimately led to the loss of their federal status. This decision had far-reaching consequences, impacting the tribe’s ability to access federal funding for essential programs, exercise self-governance, and protect their cultural heritage.
The Cherokee Nation’s Support: A Pivotal Moment
In a gesture of solidarity and recognizing the importance of tribal sovereignty, the Cherokee Nation councilors voted to support the Delaware Tribe’s efforts to regain federal recognition. This decision marked a significant turning point in the Delaware’s quest. The Cherokee Nation’s endorsement was not merely symbolic; it carried considerable weight in the eyes of federal authorities and Oklahoma’s congressional delegation.
The approval of the Cherokee tribal resolution paved the way for a memorandum of understanding (MOU) to be submitted to the U.S. Bureau of Indian Affairs (BIA). This MOU outlines the terms of the agreement between the two tribes, addressing key concerns and laying the foundation for a collaborative relationship moving forward. Furthermore, the Cherokee resolution authorized Chief Chad Smith to actively advocate for the passage of legislation that would restore the Delaware Tribe’s federal status.
According to Jerry Douglas, the chief of the Delawares, the Cherokee Nation’s support was crucial. He emphasized that the Oklahoma congressional delegation would view the agreement favorably, increasing the likelihood of securing the necessary congressional support for their cause.
Details of the Memorandum of Understanding
The MOU between the Cherokee Nation and the Delaware Tribe is a carefully crafted document designed to address the concerns of both parties while facilitating the restoration of federal recognition for the Delawares. Key provisions of the agreement include:
- Federal Recognition for the Delawares: The core objective of the MOU is to secure federal recognition for the Delaware Tribe of Indians. This would reinstate the tribe’s government-to-government relationship with the United States, restoring their eligibility for federal programs and empowering them to exercise self-governance.
- Preservation of Cherokee Nation’s Sovereign Territory: The agreement explicitly safeguards the sovereign territory of the Cherokee Nation. This is a critical aspect, as the Cherokee Nation was concerned about potential encroachments on their jurisdiction. The MOU ensures that the Delaware Tribe’s pursuit of federal recognition will not infringe upon the Cherokee Nation’s established rights and boundaries.
- Land in Trust: The agreement allows the Delawares to seek to put land into trust outside of the Cherokee Nation’s 14-county jurisdiction. Land held in trust by the federal government is protected from state and local taxation and regulation, providing a secure foundation for tribal economic development and cultural preservation.
- Social Service Programs: The MOU outlines a framework for the Delaware Tribe to run social service programs for its members. While some funding for these programs may be channeled through the Cherokee Nation for distribution, the Delaware Tribe will have primary responsibility for administering these services, ensuring that their members receive the support they need.
The Path Forward: Congressional Action and Beyond
With the Cherokee Nation’s support secured and the MOU in place, the Delaware Tribe turned its attention to securing congressional sponsorship for a bill that would formally restore their federal recognition. The tribe successfully obtained House sponsorship from U.S. Representative John Sullivan, R-Okla. They also sought Senate sponsorship from Oklahoma Republicans Tom Coburn or Jim Inhofe, demonstrating a bipartisan approach to their advocacy efforts.
The passage of a congressional bill is a complex and often lengthy process. It requires securing the support of key members of Congress, navigating the legislative process, and overcoming any potential opposition. However, with the backing of the Cherokee Nation and the support of Oklahoma’s congressional delegation, the Delaware Tribe was well-positioned to make a strong case for their cause.
Beyond the immediate goal of regaining federal recognition, the Delaware Tribe envisions a future where they can exercise greater self-determination, strengthen their cultural identity, and improve the lives of their members. Federal recognition would provide the tribe with the resources and authority necessary to pursue these goals, allowing them to build a more prosperous and sustainable future.
The Significance of the Delaware Tribe’s Struggle
The Delaware Tribe’s journey to regain federal recognition is a powerful reminder of the ongoing challenges faced by Indigenous nations in the United States. It underscores the importance of tribal sovereignty, self-determination, and the need for the federal government to uphold its treaty obligations.
The Delaware’s struggle also highlights the importance of intertribal cooperation. The Cherokee Nation’s decision to support the Delaware Tribe demonstrates a commitment to solidarity and a recognition that the strength of one tribe benefits all tribes.
The outcome of the Delaware Tribe’s quest will have significant implications, not only for the tribe itself but also for other Indigenous nations seeking to assert their rights and protect their sovereignty. It is a story that resonates with the broader struggle for justice, equality, and self-determination for Indigenous peoples around the world.
The efforts of the Delawares serve as an inspiration to other tribes and a reminder that the pursuit of justice is a continuous process. The potential restoration of federal recognition for the Delawares represents a step in the right direction, paving the way for a future where Indigenous nations are empowered to shape their own destinies and contribute to the rich tapestry of American society. The dedication to self-determination exhibited by the Delawares will hopefully lead to a future where they can thrive as a sovereign nation.