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Old 03-27-2005, 10:14 PM   #1
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Lene Lenape vs. Cherokee?

Anyone heard anything about what's going on with this? I got news from home that they are now defunct or something but the person who called me didn't really have all the details...Something about the Lenape being Cherokee???? It doesn't make sense to me...what's up with it?
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Old 03-27-2005, 10:42 PM   #2
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Yeah right. My friends at Moraviantown wouldn't like this at all. They are 2 very distinct groups.
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Old 03-28-2005, 12:42 AM   #3
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Exactly what I thought....Delaware right? I don't know what exactly's going on but they said that they've seen some bumper stickers around town and there was sumthin on the news back home about it. What n the world....
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Old 03-28-2005, 12:59 AM   #4
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There is a thread posted in here about this from quite a while ago named:
Delaware Tribe loses separate federal status

--------------------------------------------------------------------------------
The certainty of Tribal Sovereignty is not FOR CERTAIN.

Termination of tribal recognition status could happen to your tribe.

Many of us who are American Indian never imagine our tribes being terminated or loosing their Federal recognition status.

One-month ago, it happened to a tribe whose rich history with the United States began with the first American Indian-United States Treaty in 1778.

This is what I heard.

Without consulting the Delaware Tribe of Indians (who live in Oklahoma), the 10th Circuit Court of Appeals terminated their tribal federal status and merged them with the Cherokee Nation. Now the former Delawares are now technically... Cherokee.

If it can happen to the Delaware, it can happen to your tribe.



_

Here is a synopsis of what was printed after the decision on Indianz.com:


'Fight the Cherokee Nation until hell freezes over'
Wednesday, November 17, 2004

Responding to a court's revocation of his tribe's federal recognition, the chief of the Delaware Tribe of Oklahoma said he "will fight the chief of the Cherokee Nation until hell freezes over."

Delaware Chief Joe Brooks told The Bartlesville Examiner-Enterprise that the tribe will appeal yesterday's decision from the 10th Circuit Court of Appeals. "We are a free and independent nation and will remain such," he was quoted as saying.

The Cherokee sued the Interior Department when it recognized the Delawares as a separate tribe. The Cherokee Nation opposes federal status for the Delawares, citing an 1866 treaty and a sale of lands to the Delawares.

Brooks said the Cherokees are motivated by "greed."
__



The Delaware Tribe of Indians plans to appeal this decision. If it goes to the Supreme Court and they lose, their soveignty as Delaware Indians will cease to exist.
______________________________________
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Old 03-28-2005, 01:48 AM   #5
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Delaware Tribe loses funding



Leaders vow to continue fight for sovereignty

By Tim Hudson

E-E County Reporter

Nearly 100 members and elected officials of the Bartlesville-based Delaware Tribe were to assemble for a noon luncheon today as a 5 p.m. deadline approached for a first round of employee layoffs.

Reportedly, the layoffs could increase to more than 75 percent of the tribe's workforce in the coming weeks.


A Nov. 17, 2004 decision by the 10th Circuit Court and a further mandate of Feb. 24 called for the Bureau of Indian Affairs to terminate funding to the Delaware Tribe by today.

The recent court rulings are the continuation of a 139-year saga involving the tribe's sovereignty dispute with federal government and the Cherokee Nation based in Tahleq uah.

"Tomorrow will be the last day for the Title XI Nutrition Program," Delaware Chief Joe Brooks told the Examiner-Enterprise on Thursday, referring to the Tribe's program that serves tribal elders and other Native Americans age 55 and older. Reportedly, the Tribe serves 55 to 75 meals per day through the program.

"It's really poignant, as it will be the proverbial last supper," added Curtis Zunigha, a former Delaware chief and current Tribal Council member.

In November, a federal appeals court reversed the federal government's 1996 decision to recognize the Delaware Tribe as a separate and independent group.



The recognition had been challenged by the Cherokee Nation, which entered into a treaty with the Delaware Tribe in 1866 which the Cherokee claimed gave it the right to govern the Delaware.

A panel of the 10th U.S. Circuit Court of Appeals ruled that a former Department of the Interior assistant secretary's decision reached too far in overturning an earlier ruling stating that members of the Delaware Tribe were considered part of the Cherokee Nation because of the treaty. The judges also said the Supreme Court recognized the validity of the treaty in ruling in two cases involving the tribes as far back as 1894 and 1903.

"We are not unsympathetic to the Delaware's cause," judges wrote in their opinion. "The DOI's (Department of the Interior) unlawful actions, however, cannot provide the Delawares the status they seek."

The Delaware had previously been successful in reversing a 1979 decision by the BIA, which had in effect revoked federal recognition of the tribe, placing them under the umbrella of the Cherokee Nation.

According to a press release issued Thursday by the Delaware, tribal representatives said the decision by the courts was "slowly creating a climate of despair."

"The three-story red brick building which once housed the Federal Bureau of Mines and now the national headquarters of the Delaware Tribe has been transformed by the court's ruling," read the statement. "Where once was a hub of activity with people coming and going from sun-up to sundown has now become a gathering place for Tribal members and employees to seek answers concerning the future of programs and employment."

Brooks said the Indian Health Services clinic will be open until March 31, but will not be taking new clients. The clinic was only recently dedicated by the Tribe in July 2003.

"In the next three weeks we will be losing 70 of 86 tribal employees," Brooks said. "It's not a good situation. It's not looking very good."

In the meantime, the Cherokees are seeking to delay the financial cutoff and give the Delaware more time.

In a letter dated March 24, Cherokee Principal Chief Chad Smith requests that Jeannette Hanna, regional director of the Eastern Oklahoma Region of the Bureau of Indian Affairs, grant the Delaware a 30-day extension.



"While in due course actions such as these will be necessary given recent court rulings, the Cherokee Nation believes strongly that our Cherokee citizens, including the nation's thousands of citizens of Delaware heritage, must come first," writes Smith in the letter. "This means a necessary transition must be orderly and minimize the impact upon our people."

Smith said the additional time would allow the Cherokees to hold discussions with the Delaware and the BIA various options for transitioning programs and services.

"Initial discussions with the Delawares have been promising and while they have not been necessarily substantive, they have been positive," Smith's letter continues. "We believe that the additional time will allow this initial contact to progress towards a mutually beneficial conclusion."

Cherokee Nation spokesman Mike Miller said his tribe wants to make the transition "as smooth as possible."

"The announcement of the (March 25) cutoff was as much a surprise to us as it was to the Delaware. We did not have any time to work anything out with to prepare for the transition period," said Miller. "We want to continue providing services to the Cherokee that are in the area."

Miller said many Delaware members are also citizens of the Cherokee Nation regardless of whether they are descendants of the Delaware or the Cherokee.

"They are members of the Cherokee Nation as their ancestors have been for more than 100 years," he said.

The Delaware, however, are not giving up hope of sovereignty and funding for their programs and properties.

"While the principals of our dispute may be argued in a different venue, the social impact is very real and we're going to do all that we can to minimize the adverse impact on our people," said Zunigha. "We will seek other funding. There is funding available other than the federal dollar to provide benefits and funds for our people. There are a number of state and private resources. We take very seriously our obligation to take care of our tribal members no matter what the funding source."

In its lawsuit against the Delaware and the federal government, the Cherokee asserted that by virtue of a provision in the Cherokee Treaty of 1866, the Cherokee had an exclusive right to govern the Delaware as their own.

At the time of the filing, then-Delaware Chief Dee Ketchum said the tribe had been and always would be people distinctly different from the Cherokee Nation.

Since the Tribe's federal recognition in 1996, the Delaware have made a strong economic showing in the Bartlesville area, most notably with the construction of the Community and Child Development Center in 2001 and the Health and Wellness Center in 2003.

Brooks said the tribe has filed for a stay with the United States Supreme Court, but adds that the chances of a stay are slim.

"We have been notified by the Cherokee Nation that they would like us to sit down and talk to them next week and figure out how to continue funding," Brooks said. "I'm more than willing to sit down and figure out how to continue funding, but I'm not willing to become a Cherokee."

Smith said in a statement issued Thursday that he wants to ensure that Delaware and Cherokee citizens are not unduly adversely impacted by the disruption of programs.

"I have extended an offer to Joe Brooks that we develop a team of staff who can address the Delaware Tribe's operations and programs that may be impacted," said Smith. "The Cherokee Nation hopes that together we might find a satisfactory resolution that prevents any disruption of services to tribal members."

Both tribes also point to fault by the federal government in its handling of the dispute.

"It's really a three-way dispute between the Delaware, the federal government and the Cherokee Nation," said Zunigha.

Miller echoed Zunigha's sentiments.

"This all could have been avoided if the BIA and the federal government would have followed their own laws by not moving forward with legal recognition while there was a legal cloud surrounding the recognition," said Miller. "By doing that, the federal government has put the Delaware in the situation they are in now. It's not the Delaware's fault, it's not the Cherokee's fault, but the fault of the federal government."

Brooks said the time and money involved in the long-running dispute could have been put to better use.

"What's really sickening is the amount of money that we and the Cherokee have spent on attorney's fees when the money could have been spent on scholarships or providing for our elders or children," he said. "The only people that are profiting from this are the attorneys."
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Old 03-28-2005, 02:11 AM   #6
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Delaware Sovereignty Saga:



The Delaware was the first tribe to enter into a treaty with the United States in 1778.

The Tribe moved repeatedly at the request of the United States to accommodate the westward movement of the settlers in the 18th and 19th centuries. Today the Tribe is located in Northeast Oklahoma and has its headquarters in Bartlesville, Oklahoma. It is comprised of about 10,500 members.

In 1866, the United States asked the Delaware Tribe to sell its reservation in what is now the state of Kansas and relocate to Indian lands in Indian Territory now known as Oklahoma. The Treaty of 1866 between the United States and the Delaware Tribe set out the terms for the sale of the Tribe's land in Kansas and the acquisition of replacement lands in Oklahoma.

The United States also negotiated a treaty with the Cherokee Nation in 1866 that authorized the United States to settle Indians from other tribes on Cherokee lands. Section 15 of this treaty provided for the purchase of Cherokee lands by such tribes and required the Cherokee Nation to accept the members of those tribes as Cherokee citizens. In return for an additional payment to the Cherokee Nation, the tribes that purchased Cherokee lands could elect to retain their separate status as federally recognized tribes.

In 1867 the Cherokee Nation and the Delaware Tribe entered into an agreement that provided for the Delaware Tribe to purchase lands within the Cherokee reservation and to make a second payment to the Cherokee Nation to maintain its separate tribal status and governmental functions.


In 1977 in the case of Delaware Business Committee v. Weeks, the U.S. Supreme Court explicitly determined that the Delaware Tribe was federally recognized and had continuously maintained its separate existence. The Department of Interior argued for and supported the Court's conclusion.

In 1979, the assistant secretary for Indian Affairs issued a memorandum that terminated federal recognition of the Delaware Tribe, removed the Delaware Tribe from the list of federally recognized tribes and terminated all grants and contracts with the tribe.

In 1994 the National Congress of American Indians affirmed its recognition of the Delaware Tribe and called upon the Department of the Interior and the Congress to reaffirm the federal recognition of the Delaware Tribe.

In 1996 the assistant secretary for Indian Affairs overturned the 1979 termination memorandum and restored the Delaware Tribe to its federally recognized status.

The Cherokee Nation sued the Department of the Interior in the Federal District Court, where the decision of the assistant secretary to restore recognition to the Delaware Tribe was upheld by the court as a proper exercise of the secretary's authority. (Cherokee Nation of Oklahoma v. Norton, 241 F. Supp.2d 1368 (N.D. Ok 2002)



The Cherokee Nation also contested the provision of federal grants and contracts to the Delaware Tribe. In 1998, the Congress acted to expressly authorize direct funding to the Delaware Tribe. (112 Stat, 2681-246, Oct. 21, 1998)

In November 2004 the 10th Circuit Court of Appeals ruled that the 1996 decision of assistant secretary was invalid because it recognized the Delaware Tribe without compliance with the department's procedures for federal recognition (25 C.F.R. Part 83) or the Federally recognized Indian Tribe List Act, 25 U.S.C. 479a and 479a-1. Cherokee Nation of Oklahoma (10th Cir. No. 03-5055, modified on February 16, 2005).

The Delaware Tribe will ask the United States Supreme Court to review the decision of the 10th Circuit because it is directly contrary to the Supreme Court's 1977 decision in Delaware Business Committee v. Weeks, the 1867 Agreement between the Delaware Tribe and the Cherokee Nation and the continuous recognition of the Delaware Tribe by the Congress and the Executive Branch from 1778 to 1979.

The reasoning used by the 10th Circuit calls into question the federal recognition of at least four other tribes in the lower 48 states and over 200 tribes in Alaska because they were recognized by the secretary through procedures other than those set forth by the secretary in 25 CFR Part 83 for the recognition of tribes.

The Delaware asked the 10th Circuit to reconsider its decision or to send the case back to the Department of the Interior to allow the department to correct any errors in its 1996 decision. The court denied the request.

On March 11 the Delaware received formal notice from the Bureau of Indian Affairs stating that effective on March 25 all Delaware funding from the Department of the Interior will be terminated.
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Old 03-28-2005, 04:12 AM   #7
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Dang..that's really crazy..I don't wanna talk bad about n e one elses tribe so I just won't say n e thing bout that...but I know that the services of the Delaware will be missed in the community b/c they really help(ed) a lot of people. What is happening is truly unfortunate.
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Old 03-28-2005, 10:52 AM   #8
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Quote:
Originally Posted by yuchgeha
Delaware Sovereignty Saga:

The reasoning used by the 10th Circuit calls into question the federal recognition of at least four other tribes in the lower 48 states and over 200 tribes in Alaska because they were recognized by the secretary through procedures other than those set forth by the secretary in 25 CFR Part 83 for the recognition of tribes.
Thats interesting...
Which other tribes does it call into question?
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Old 03-28-2005, 03:24 PM   #9
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Yea, I was wondering that, too. And when was that 25 CFR 83 thing put into place? Were these recognitions prior to it? It doesn't seem like that would be right either way it goes, ya know? Oh well...figures. I'm not trying to blow it off but, what really sucks is that we have become so apathetic about $h!t like this and actually come to expect and accept it as inevitable. Ever wish you could do more for your tribe or another (like the Lenape) and not know where to start or just feel helpless like it won't matter anyway?
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Old 07-01-2010, 12:13 PM   #10
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Quote:
Originally Posted by gubmintcheeze View Post
Anyone heard anything about what's going on with this? I got news from home that they are now defunct or something but the person who called me didn't really have all the details...Something about the Lenape being Cherokee???? It doesn't make sense to me...what's up with it?
...The Lenape were the 1st Indians that were kicked off their land by the white people. The Lenape moved SW and the wonderful Cherokee there Adopted the Lenape, not just accepted, but Adopted them...:o)
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Old 07-01-2010, 12:17 PM   #11
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The Lenape were the 1st Indians that were kicked off their land by the white people. Many Lenapes moved SW and the wonderful Cherokee Indians Adopted the Lenape, not just accepted, but Adopted them.....................:o)
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