Cherokee Phoenix JAN 2019

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MASTER SPEAKERS Cherokee Nation’s Cherokee Language Master/Apprentice Program grads are now considered highly proficient Cherokee speakers and can teach the language. EDUCATION, 7

CHEROKEE CHEROKEEPHOENIX.ORG

JANUARY 2, 2019

PHOENIX 191 YEARS OF JOURNALISM

Dist. 7 council candidate clears Supreme Court challenge CN Election Commission had already deemed Canaan Duncan eligible. BY CHAD HUNTER Reporter TAHLEQUAH – The Cherokee Nation Supreme Court ruled on Dec. 17 that tribal council hopeful Canaan Duncan is eligible to run for office. Duncan had already been deemed by the CN Election Commission eligible to run for the vacant District 7 seat in a 4-0 vote following challenges from Robin Mayes and Tim Houseberg. The pair sought a reversal of that decision from the Supreme Court. They claimed Duncan should be disqualified because he violated tribe law by campaigning while still an employee of the nation’s secretary of state office. “There is a timeline here,” Mayes said during the Supreme Court hearing. “You can become a candidate the moment you start collecting money, $1,000, and

start campaigning. The election law says you can’t be a candidate and an employee.” According to CN law, tribal employees and employees of CN majority-owned entities must resign before filing for an elective position. Duncan resigned from the nation one day before he filed, according to his attorney, Curtis Bruehl. The challengers contended that Duncan became a candidate before resigning because he met the $1,000 fundraising minimum that makes a person a candidate, according to a 2016 amendment to the election law. The amendments, Legislative Act 12-16, were in part targeting candidates who campaign, but never officially file for a seat, according to Tribal Councilor Dick Lay, who was called as a witness. “There’s just a lot of things that came about — I guess the perfect storm — that caused 12-16 to come

CN, VOLUNTEERS PITCH IN

together,” Lay said. “It tells you in simple reading who a candidate is.” Last month, the election commission indicated it found no constitutional provision or legislative enactment that prohibits a CN employee from becoming a candidate and campaigning for elective office while being an employee other than the provision stating an employee must resign before filing. “We don’t take sides,” CN Election Commission attorney Harvey Chaffin said. “Our job at the election commission is to interpret the law and apply it to the facts that are presented to us. We submit the commission’s decision was based on the law and correctly interprets the law.” Duncan is squaring off against Robert Eagle and Frankie Lee Duncan in the Jan. 5 special election. The vacant, Adair County-based District 7 seat was held by Frankie Hargis, who resigned in November to become the tribe’s new registrar.

CN, state and Gore officials celebrate nuclear waste site cleanup Cherokee Nation, Oklahoma and city officials celebrate the removal of radioactive waste from the former Sequoyah Fuels Corp. BY WILL CHAVEZ Assistant Editor

COURTESY Homes sit damaged in Cherokee and Adair counties on Nov. 30 after an EF-2 tornado swept through Sequoyah, Cherokee, Adair and Delaware counties.

Volunteers and Cherokee Nation staff assist people in the Welling, Caney and Wauhillau area affected by a Nov. 30 tornado. BY GRANT NEUGIN Reporter

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ELLING – On Dec. 5, the Caney Community Center served free lunches to area residents in response to an EF-2 tornado that came through western Cherokee County on Nov. 30. People impacted by the tornado were provided assistance and served breakfast immediately after the tornado. Welling and surrounding area residents, Welling firefighters, the Cherokee Nation Incident Management Team and Ozark and Lake Region Electric companies came together at the Caney Community Center to help those affected. Most people cleaned up damage from the tornado with their own equipment, while others donated their time at the Caney Community Center. The volunteers at the center helped cook breakfast, lunch and dinner for people affected by the tornado. “My job is the cook at the Caney Community Center, but ever since the tornado disaster happened I have been volunteering my time and effort to give everyone food to eat,” Mae Smith said. “Usually non-tribal community members have to pay for their food, but it is free all week long for both tribal and non-tribal members.” The community center is usually open only Monday, Wednesday and Friday, but after the tornado, it was open every day. As of Dec. 1, the Caney Community Center had served nearly 600 people.

GORE – On Nov. 30, Cherokee Nation, Oklahoma and Gore city officials announced that the remaining nuclear waste at the former Sequoyah Fuels Corp. site east of Gore had been removed. The last semitrailers left the site in late November, hauling away the last of 511 loads of nuclear waste that was hazardous for Sequoyah County and its citizens for decades. Mike Broderick, Oklahoma Department of Environmental Quality Radiation Program manager said at the ceremony that he first dealt with the SFC site in 1994. “This is a proud day because when I came here in 1994, the future looked much darker. At that time there was limited funding. It was going to be very inadequate for the cleanup, and there was no possibility that we could see to have a long-term custodian to take care of the site. That meant the site would be abandoned and would be a peril to the people and to the rivers here,” he said. “What a difference there is between that depressing future to what we have today. The highest-risk material has been removed from the site, and the site will end up in the care of the federal government, so it will not be a burden to Oklahoma taxpayers.” Broderick said some uranium that was at the site has a half-life of 4.5 billion years. The 10,000 tons of radioactive waste was

SEE WASTE, 3

SEE TORNADO, 2

“It was amazing to see this community come together as quickly as they did. It really showed the resiliency and love that both Cherokee Nation and the Cherokee County communities have.” Richelle Singleterry, Cherokee Nation community advocate

OSIYO TV The Sequoyah Fuels Corp. site before nuclear waste was removed from the site, which is located near the junction of the Illinois and Arkansas rivers in Sequoyah County.

Congress amends Stigler Act to protect tribally restricted land Enrolled tribal citizens of five Oklahoma tribes including the Cherokee Nation will be able to inherit their family’s allotted land and keep it in restricted-fee status without having to meet a required blood quantum. BY STAFF REPORTS

TAHLEQUAH – Cherokee Nation leaders are applauding congressional leaders for passing the Stigler Act Amendments of 2018 on Dec. 20. Enrolled tribal citizens of the Five Tribes, which includes the Cherokee, Choctaw, Chickasaw, Muscogee (Creek) and Seminole, will be able to inherit their family’s allotted land and keep it in restricted-fee status without having to meet a blood quantum requirement.

When land is in restricted-fee status, it is not subject to taxation and may not be sold or transferred without permission of the Department of the Interior. The Stigler Act Amendments of 2018 remove the onehalf degree Indian blood requirement that was part of the original 1947 Stigler Act. Under the current law, the restricted-fee status of land allotted to citizens of the Five Tribes is maintained only if the individual holding title has at least 50 percent Indian blood. Tribal leaders and citizens have sought to remove

that requirement for decades. From 2011 to 2015, the Cherokee Nation lost 534 acres of restricted fee land because of the blood quantum requirement. “Our families have a right to pass their lands onto their heirs and hold onto those historically significant family connections,” Cherokee Nation Principal Chief Bill John Baker said. “For far too long, the blood quantum stipulation has tied up land titles and prevented families from keeping their inheritance. We are so thankful for the lawmakers in Washington who understood what this means for our tribes and citizens.” The U.S. House of Representatives passed the bill in September, sending it on to the U.S. Senate, where

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