[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4637 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4637
To sever United States Government relations with the Creek Nation of
Oklahoma until such time as the Creek Nation of Oklahoma restores full
Tribal citizenship to the Creek Freedmen disenfranchised in the October
6, 1979, Creek Nation vote and fulfills all its treaty obligations with
the Government of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Mr. Danny K. Davis of Illinois introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To sever United States Government relations with the Creek Nation of
Oklahoma until such time as the Creek Nation of Oklahoma restores full
Tribal citizenship to the Creek Freedmen disenfranchised in the October
6, 1979, Creek Nation vote and fulfills all its treaty obligations with
the Government of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Historically, the Muscogee (Creek) Nation (``Creek
Nation'') were comprised of a confederacy of separate towns,
Tribes, and peoples. Each town was a complete governmental unit
in and of itself. Among those peoples were the Yamassee or
Jamassi, who were reported to have emigrated from Africa prior
to the European discovery of America.
(2) As colonists and eventually nonindigenous Americans
began to inhabit this area, these new residents sought to
``civilize the Creek Indian''. In the ensuing decades, the
United States continuously and repeatedly attempted to impose,
often by force, its customs, economy, religion, and political
structure on indigenous groups such as the Creek Nation.
(3) One American custom adopted by some Creek Nation
citizens was the plantation economy and the reliance on chattel
African slavery as a labor force. Along with enslaved Africans
who were owned by Creek Nation citizens, there were also Creek
Nation citizens of African descent and free Blacks openly
living as full citizens of the Creek Nation.
(4) In the 1830s, citizens of the Creek Nation were
forcibly removed from their lands in the southeastern United
States and forced to migrate to Indian Territory (present day
Oklahoma) along a route known as the Trail of Tears. Among
those persons forced to migrate were--
(A) African individuals who were enslaved by
citizens of the Creek Nation;
(B) Creek Nation citizens of ``African descent'';
(C) free ``Africans'' living as citizens of the
Creek Nation; and
(D) ``mixed blood'' Creek Nation citizens now known
as the ``Black Creeks'' or ``Creek Freedmen''.
(5) Citizens of the Creek Nation were removed primarily by
their traditional Tribal ``town'', and it was the town
``Micos'' or chiefs who kept the Tribal rolls. This allowed
Creek Nation citizens who survived the journey to reestablish
their traditional towns in Indian Territory.
(6) Removal was carried out by the military, and
approximately 24,000 Creek Nation citizens were forced to
travel to Indian Territory on foot or by riverboats. Due to
poor planning, organization, and indifference by the Federal
Government, thousands of Creek Nation citizens died on the way
to Indian Territory due to exposure, starvation, and disease.
(7) Even after removal to Indian Territory, some Creek
Nation citizens continued to hold slaves until the Creek Treaty
of 1866 abolished slavery in the Creek Nation.
(8) In 1861, a faction of the Creek Nation known as
``Southern Creeks'' executed a treaty with the Confederate
States of America, severing its relations with the United
States Government. Members of the Southern Creeks held
positions in the Congress and military of the Confederate
States of America and waged war against the United States
during the Civil War. Other Creeks, known as the ``Loyal
Creeks'', who generally resisted cultural assimilation,
provided supplies, men, and support for the Union. A contingent
of Loyal Creeks, which included a substantial ``Black'' Creek
component, left their homes in Oklahoma and moved to Kansas to
flee Southern Creek soldiers and their Confederate allies.
(9) The Battle of Honey Springs was a major battle that
occurred in Indian Territory during the Civil War, and Loyal
Creeks, including ``Black'' Creeks, valiantly fought against
the Confederacy and their allies.
(10) In 1865, as the Civil War ended, President Andrew
Johnson designated a commission to travel to Fort Smith,
Arkansas, to convene a council for the purpose of negotiating a
new treaty with the Creek Nation.
(11) The members of that commission declared that a treaty
with the United States ``must'' contain certain stipulations,
including that ``the institution of slavery, which has existed
among several of the Tribes, must be forthwith abolished, and
measures taken for the unconditional emancipation of all
persons held in bondage, and for their incorporation into the
Tribes on an equal footing with the original members, or
suitably provided for.''.
(12) The Creek Nation's 5-person delegation included both
leaders of the Loyal Creeks and Southern Creeks. One of the
members of the Loyal Creek delegation was an African Creek
named Cow Tom.
(13) The Creek Treaty of 1866 negotiations occurred between
1865 and 1866, first in Fort Smith, Arkansas, and then in
Washington, DC. It was in Washington, DC, where the Treaty was
signed and upon the signing of the 1866 Treaty the United
States reestablished official relations with the Creek Nation.
(14) The Creek Treaty of 1866 became the foundational legal
document of the Creek Nation and established the Creek Nation
as it is known today.
(15) The Creek Treaty of 1866 declared that the Black
Creeks, also known as ``Creek Freedmen'', were to be made
citizens of the Creek Nation and to have all the rights of
other Creek citizens.
(16) Article II of the Creek Treaty of 1866 provides in
pertinent part:
``[I]nasmuch as there are among the Creek many
persons of African descent . . . it is stipulated that
hereafter these persons, lawfully residing in said
Creek country, under their laws and usages, or who have
been thus residing in said country, and may return
within one year from the ratification of this treaty,
and their descendants and such others of the same race
as may be permitted by the laws of said Nation to
settle within the limits of the jurisdiction of the
Creek Nation as citizens [thereof], shall have and
enjoy all the rights and privileges of native citizens,
including an equal interest in the soil and national
funds; and the laws of said Nation shall be equally
binding upon and give equal protection to all such
persons . . .''.
(17) Virtually identical clauses relating to the
citizenship of individuals of African descent within the
Seminole and Cherokee Nations were negotiated, agreed upon, and
added to the respective Seminole and Cherokee Treaties of 1866.
(18) Shortly after executing the Treaty of 1866, the Creek
Nation reorganized their constitutional structure, and in 1867,
it created a new and expansive constitution which recognized
and affirmed the full citizenship rights of Black Creeks.
(19) The 1867 Constitution did not discriminate against
Creeks of African descent, Free Black, or Creek Freedmen
citizens of the Creek Nation.
(20) In fact, upon ratifying the 1867 Constitution, the
Creek Nation reconstituted its 44 traditional ``towns'' and
voluntarily created 3 additional towns (``Freedmen Towns'') so
the Freedmen would have equal representation in the Creek
Nation's National Council.
(21) Also, in 1867, the Creek Nation gathered at the
request of Federal Indian Agent J.W. Dunn (``Dunn'') to
identify and list the individual members of the Creek Nation.
(22) As a result of that gathering, Dunn compiled a roll of
the Creek Nation's citizens, which came to be known as the
``Dunn Roll''. Listed on the Dunn Roll were all of the Creek
Nation's then-gathered citizens, which encompassed Creek Nation
citizens with African ancestry, including Native Africans, Free
Africans, and newly emancipated, formerly enslaved Creek
Freedmen.
(23) Many Creek Nation citizens were forced to leave Creek
Nation territory during the Civil War because of the violence
or for various other reasons. The Treaty of 1866 gave Creek
Nation citizens until July 15, 1867, to return to Creek
territory in order to be included on the Dunn Roll. However,
Dunn completed his roll 5 months early and sent it to
Washington, DC, in February 1867.
(24) As a result, the Creek Nation created a Post-Civil War
Citizenship Commission to review the applications of people who
claimed they were Creek Nation citizens who should have been
included on the Dunn Roll. The Creek Nation Post-Civil War
Citizenship Commission reviewed several thousand applications,
and admitted over 1,700 individuals and their descendants
between 1867 and 1895. Numerous Native Africans, Free Blacks,
and newly emancipated Freedmen were among the 1,700 individuals
granted full citizenship by the Creek Nation Post-War
Citizenship Commission.
(25) In the decade after the Treaty of 1866 was enacted,
individuals of African descent (Native Africans, Free Africans,
and formerly enslaved African/Freedmen) worked with all other
Creek Nation citizens to attempt to rebuild the Creek Nation.
(26) However, many of the Confederate-aligned Upper/
Southern Creeks refused to respect Creek Freedmen citizenship
rights. In fact, on October 1, 1877, the Upper/Southern actions
were rebuked by then Creek Nation Principal Chief Ward Coachman
during his address to the Creek National Council:
``. . . [A]nd inasmuch as there are Freedmen among
us, whose rights under the treaty of 1866, have not by
some been recognized, and in consequence thereof have
been discouraged, are not improving or advancing as
they might do; and the treaty relative thereto being so
plain that no one can mistake or misunderstand it. I
allude particularly to those known as the McGilvery or
McGilbrey Freedmen whom we know belonged to our own
people, were here within our country when the treaty
was made and have remained among us ever since. I would
recommend if necessary that some action be had
recognizing the rights of all who under the treaty are
entitled to citizenship and equal rights and privileges
with us.''.
(27) Between 1867 and 1895, the Creek Nation created
numerous rolls of its citizens. None of these rolls created by
the Creek Nation contained or listed blood quantum, or singled
out Creeks of African descent, ``Free Black'' Creek Citizens,
or former enslaved Africans who were emancipated and accepted
as Creek citizens pursuant to the Treaty of 1866.
(28) Between 1866 and 1906, Creeks of African descent were
an essential part of the Creek Nation community, as evidenced
by their service in important and high positions in the Creek
Nation's government and other areas of Creek life.
(29) In 1887, Congress passed the Dawes Act of 1887
(``Dawes Act'').
(30) The stated purpose of the Dawes Act was to prepare
Indian Territory for statehood. To this end, the Dawes Act
authorized the transfer of most of the land owned corporately
by the Creek Nation to individual Tribal citizens.
(31) After the passing of the Dawes Act, Congress created
the Dawes Commission in 1893. Congress tasked the Dawes
Commission with identifying all Creek citizens eligible for
land allotment in what would come to be known as the ``Dawes
Rolls''.
(32) Congress then passed the Curtis Act of June 28, 1898
(30 Stat. 495) (``Curtis Act''), directing the Dawes Commission
to create 2 lists of citizens of the Creek Nation who would be
eligible for land allotment, which became the following:
(A) The ``Creek Nation Creek Roll'', which was
purportedly composed only of Creek Nation citizens with
Creek blood.
(B) The ``Creek Nation Freedmen Roll'', which was
purportedly composed only of Creek Nation citizens who
were formerly enslaved Africans and devoid of any Creek
blood.
(33) The Dawes Commission, motivated by racism, used race
and Creek Nation citizens' physical appearance to segregate
Creeks of African Descent ``Creek Freedmen''. The ``true''
Creeks, in the Dawes Commission's estimation, were listed on
the Creek Roll (also known as the ``Blood Roll''). The Creek
Freedmen (individuals of African descent, regardless of whether
they or their ancestors were previously enslaved in the Creek
Nation) were listed on the Creek Nation Freedmen Roll.
(34) The Dawes Commission employed the hypodescent rule, by
which any individual with ``one drop'' of ``Black blood'' was
to be considered Black and therefore belonged on the Creek
Nation Freedmen Roll.
(35) The Dawes Commission therefore enrolled many Creeks of
African descent on the Creek Freedmen Roll, regardless of
whether they or their ancestors were ever enslaved in the Creek
Nation or of how much ``Creek blood'' they actually possessed.
(36) The Dawes Commission separated families by enrolling
full siblings with different blood degrees and enrolling some
family members on the Creek Nation Blood Roll and others on the
Creek Freedmen Roll. The blood degree or blood quantum was
originally to be used only for land allotment purposes.
(37) Therefore, once the Dawes Rolls closed on March 4,
1907, Creek citizens enrolled on the Freedmen Roll and their
descendants, in perpetuity, would always carry the ugly badge
of slavery, regardless of whether they or their ancestors were
ever enslaved, and forever legally be known as Creek Freedmen.
(38) In 1970, Congress passed the ``Principal Chiefs Act''
requiring the Chickasaw, Choctaw, Cherokee, Seminole, and Creek
Nations to obtain approval for their voting laws for selection
of each nation's Principal Chief. The Department of the
Interior drafted a policy stating that it was not necessary
that each of these groups has identical or similar regulations,
but that 3 conditions are deemed fundamental to the democratic
selection of a principal Tribal official. One of the three
conditions stipulated by the Department was that voter
qualifications of the Creeks must be broad enough to include
the enrolled Creek Freedmen citizens.
(39) On or about August 18, 1975, the Creek Nation, through
its National Council, submitted to the Department of the
Interior a draft constitution (``Draft Constitution'') that,
among other things, contained express provisions that--
(A) stripped individuals on the 1906 Creek Freedmen
Rolls and their then-living lineal descendants of their
Creek citizenship; and
(B) prevented the unborn lineal descendants of
individuals who were enrolled on the 1906 Creek
Freedmen Rolls from becoming citizens of the Creek
Nation.
(40) Before the Creek Nation submitted the Draft
Constitution to the Department of the Interior, the Creek
Nation did not seek, obtain, or allow any input from Creek
Freedmen or individuals representing Creek Freedmen interests.
(41) Minutes from the Creek Nation's October 29, 1977,
National Council meeting reveal that one of the express goals
of the Draft Constitution was to strip Freedmen and Creek
Freedmen descendants of their Creek citizenship and rights. The
minutes state the following:
``When you go back to the old [1867] Constitution,
you are licked before you start; because it doesn't
talk about Indians, it talks about CITIZENS of the
CREEK NATION. When you got down to the Allotment time,
there were more that was non-Indians or half-blood or
less, who outnumbered the full blood, all of these
totaled about 11,000, and there were only 18,000 on the
entire Roll; so, there was only 9,000 above One-half
blood. That's the reason, they lost control; the
FULLBLOOD lost control. That's what we're fighting,
this blood quantum, trying to get back and let the
people control because under the old Constitution,
you've lost before you ever started. There were three
FREEDMAN bands that would outnumber you today as
citizens. So, if we want to keep the INDIAN in control,
we've got to take a good look at this thing and get us
a Constitution that will keep the Creek Indian in
Control.''.
(42) On October 6, 1979, the Creek Nation held an election
to formally adopt the 1979 Constitution and replace the 1867
Constitution.
(43) Section 503 of the Oklahoma Indian Welfare Act (25
U.S.C. 5203), in effect since 1979, required the participation
of at least 30 percent of ``those entitled'' to vote, or the
results of the election are invalid.
(44) The total number of ``entitled'' voters that Creek
officials identified prior to the 1979 constitutional
referendum did not include Creek Freedmen in an apparent effort
to meet OIWA election requirements. Creek Freedmen and their
descendants were denied the right to vote on the 1979
Constitution and therefore did not vote on the 1979
constitution.
(45) Upon the dubious ratification of the 1979
Constitution, the Creek Nation illegally declared that all
Freedmen were not entitled to Creek citizenship and would no
longer be recognized as nor allowed to be citizens of the Creek
Nation.
(46) Thousands of Creek Freedmen descendants have been
denied their Creek citizenship rights in a bold violation of
the Treaty of 1866.
(47) In violation of the Treaty of 1866, the 13th Amendment
to the United States Constitution, the Principal Chiefs Act of
1970, and the Oklahoma Indian Welfare Act, Creek Freedmen have
been illegally barred from participating, as voters and
candidates, in every Creek election from 1979 through the
present.
(48) Currently, the Creek Nation operates under a Principal
Chief elected in violation of the 1970 Principal Chiefs Act and
Treaty of 1866, and a National Council constituted without
Creek Freedmen representatives, in violation of the Treaty of
1866.
(49) Since 1979, thousands of Creek Freedmen have
continuously attempted to assert and regain their full
citizenship rights by formally applying for Creek citizenship
only to be completely ignored or summarily rebuffed. Oftentimes
Freedmen applicants would be informed of their denial via a
form letter from the Creek Nation, which would include some
version of the following language, taken from a May 31, 2002,
letter from the Creek Nation to a Creek Freedman applicant:
``We are returning your letter and any other
documents submitted for enrollment into the Muscogee
(Creek) Nation because in checking the Dawes Commission
Rolls, your ancestors were enrolled on the Creek
Freedmen Rolls. If you will note from the copy you
submitted there is no blood quantum listed because they
are not Creek by Blood. When slavery was abolished
following the Civil War, Treaties were negotiated with
the Five-Civilized Tribes; the Choctaw, Cherokee,
Chickasaw, Creek and Seminole Nations. The treaties
conferred citizenship in the Tribes on the negroes who
had been held in slavery by the Tribes. Such citizens
were referred as `Freedmen'.''.
(50) A Creek Freedmen Indians or African/Black Creek
Indians association was organized and continues to work to
preserve the unique identity of members of the Muscogee Creek
Indian Freedmen Band Association, and to protect the history,
legacy, rights, and dignity of the thousands of Creek Freedmen
Indians.
(51) Beginning in 2004, 2 Creek Freedmen litigated the
issue of Creek Freedmen citizenship within the Creek Nation
court in Johnson and Graham v. Muscogee (Creek) Nation of
Oklahoma Citizenship Board, CV 2003-54.
(52) The Creek Freedmen contended that they and all Creek
Freedmen were eligible for citizenship in the Creek Nation
pursuant to the Treaty of 1866, the Muscogee (Creek) Nation
Constitution, and the Creek Nation Citizenship Code.
(53) In its March 27, 2006, opinion, the Creek Nation
District Court declined to reach the substantive issues related
to the Treaty of 1866. Instead, the court found that the
Citizenship Board did not follow Creek Nation law, which
mandated that the Citizenship Board process the citizenship
applications of the Creek Freedmen.
(54) On or about April 13, 2006, the Citizenship Board
refused to comply with the Creek Nation's District Court order
to process the Creek Freedmen's citizenship applications. On
November 2, 2007, the Creek Nation Supreme Court unanimously
reversed the district court decision and refused to rule on the
applicability of the citizenship provisions of the Treaty of
1866.
(55) The manner in which the Creek Nation is conducting the
relationship between the United States and the Tribal entity is
not in the best interest of the United States Government or the
citizens of the Creek Nation, and violates existing treaties
and laws governing the relationship between the United States
Government and the Creek Nation.
(56) The Creek Nation's current refusal to recognize the
citizenship rights of Creek Freedmen and to deny to Creek
Freedmen all rights, privileges, protections, and benefits
arising from citizenship in the Creek Nation equally and on the
same basis as all other Creek Nation citizens, including,
without limitation, the right to vote in Creek Nation
elections, the right to run for and hold Creek Nation office,
and the right to receive funds and benefits available to all
others is in violation of the treaty rights extended to the
Creek Freedmen in a treaty agreement between the United States
and the Creek Nation in the 1866 Treaty and the 13th Amendment
to the United States Constitution.
(57) The Creek Treaty of 1866 guarantees the Creek Freedmen
the right to full and equal citizenship in the Creek Nation.
(58) The Creek Freedmen are legally indistinguishable from
other citizens of the Creek Nation pursuant to the Creek Treaty
of 1866.
(59) As equal citizens of the Creek Nation, the Creek
Freedmen descendants are entitled to all rights, privileges,
protections, and benefits arising from citizenship in the Creek
Nation equally and on the same basis as all other Creek Nation
citizens, including, without limitation, the right to vote in
Creek Nation elections, the right to run for and hold Creek
Nation office, and the right to receive funds and benefits
available to Creek Nation citizens.
(60) No Federal statute or superseding treaty has modified
the Creek Freedmen descendants' citizenship rights as granted
in the Creek Treaty of 1866.
(61) No amendment to the Creek Nation Constitution has
modified nor could modify the citizenship rights of Creek
Freedmen, because those rights are derived from the Creek
Treaty of 1866 and not the Creek Nation Constitution.
(62) There has been no Act of Congress expressing any
intent to abrogate Article 2 of the Creek Treaty of 1866.
(63) The Creek Treaty of 1866 is a bilateral agreement
negotiated and signed by two sovereign entities utilizing their
executive and legislative governmental powers. The validity of
the agreement has not been contested by the Creek Nation. The
Treaty of 1866 is the supreme law of the land regarding the
citizenship rights of Creek Freedmen.
(64) The Department of the Interior is obligated to protect
the Creek Freedmen descendants and to refuse to recognize the
Creek Nation's government until such time as the Creek Nation
affirms and restores Creek Freedmen citizenship rights. By
continuing to recognize the Creek Nation and its government,
elected and formed under the illegal 1979 Constitution, the
Department of the Interior has violated and continues to
violate its own precedent and policy, and has breached and
continues to breach its responsibility to the Freedmen
descendants pursuant to Article 2 of the Treaty of 1866.
(65) The Creek Nation has received and continues to receive
Federal funding distributed by the Department of the Interior
for the benefit of individual Creek Nation citizens. The
Department of the Interior has knowledge that the Creek Nation
distributes funds under these Federal programs in a
discriminatory manner by excluding Creek Freedmen from
participation in and receipt of the benefits of the programs by
virtue of their status as Creek Freedmen.
SEC. 2. SEVERANCE OF RELATIONS WITH THE CREEK NATION.
(a) In General.--The United States hereby severs all relations with
the Creek Nation, including all financial obligations or otherwise,
until such time as the Creek Nation meets all of its treaty obligations
and other Federal statutory obligations (including all obligations
under the Treaty of 1866, the Principal Chiefs Act, holding elections
for Tribal leaders that are in compliance with the Act, and has
restored the rights of all Creek Freedmen disenfranchised from the
Creek Nation), as determined by a final certification under subsection
(d).
(b) Compliance With the Requirements of the Act.--The Secretary
shall coordinate with all departments and agencies of the Federal
Government to ensure that every effort is being made by the Federal
Government to comply with this Act.
(c) Reports.--
(1) Federal agencies.--Not later than 30 days after the
date of the enactment of this Act, and annually thereafter
until the final certification under subsection (d), all
departments and agencies of the Federal Government shall submit
a report to the Secretary describing--
(A) all Federal programs under their jurisdiction
that provide financial assistance and other services to
the Creek Nation; and
(B) the efforts undertaken by the department or
agency to comply with the requirements of this Act.
(2) Status reports.--Until the Secretary certifies to
Congress that the Creek Nation is in compliance with its treaty
obligations, the Secretary shall submit monthly public reports
to Congress on the status of the Federal Government's efforts
to ensure that all departments and agencies of the Federal
Government are in compliance with the requirements of this Act.
(3) Other freedman indians.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
issue a public report to Congress on the status of Freedmen in
the Creek, Choctaw, Chickasaw, Creek, and Seminole Nations of
Oklahoma. The report shall address whether each of those Indian
Tribes is in compliance with all treaty obligations and Federal
laws with respect to its Freedmen members, the level of
participation of its Freedmen members in Tribal leadership
positions, Tribal benefits received by its Freedmen members,
and previous or current efforts on the part of those Indian
Tribes to disenfranchise its Freedmen members.
(d) Congressional Certification.--After the Secretary has certified
to Congress that the Creek Nation is in full compliance with all its
treaty obligations and Congress approves the Secretary's certification
by a vote taken on a concurrent resolution certifying that the Creek
Nation is in full compliance with its treaty obligations, the final
certification of the Creek Nation's treaty compliance shall take
effect.
SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OPERATIONS.
(a) In General.--The Creek Nation's authority to conduct gaming
regulated under the Indian Gaming Regulatory Act and to administer any
funds from such gaming are suspended until such time that the Creek
Nation is in compliance with all treaty and other obligations with the
United States by a final certification under section 2(d).
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the National Indian Gaming Commission shall submit a
report to Congress detailing the actions that have been taken to
enforce subsection (a).
SEC. 4. NONCOMPLIANCE.
(a) Recertification.--If, after a certification under section 2(d),
the Secretary certifies to Congress that the Creek Nation is not in
full compliance with its treaty obligations or Federal statutes that
govern its relations with the Federal Government, the provisions of
section 2(a) through (c) shall apply until Congress recertifies full
compliance under section 2(d).
(b) Private Action.--Any Creek Freedmen shall have a private right
to bring actions for injunctive relief, declaratory relief, or monetary
damages against the Creek Nation of Oklahoma, officials of the Creek
Nation of Oklahoma, or Federal officials for noncompliance with this
Act or for violations of the terms of the Treaty of 1866, the 13th
Amendment to the United States Constitution, or the Indian Civil Rights
Act of 1968. The appropriate Federal courts shall have exclusive
jurisdiction over actions brought under this subsection.
SEC. 5. DEPARTMENT OF JUSTICE.
(a) AG Finding.--Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall issue a finding on
whether the Federal civil rights of the Creek Freedmen have been
violated by the Creek Nation, the Department of the Interior, or both.
(b) Private Right of Action.--Any Freedmen may bring a private
right of action in a court of competent jurisdiction to compel the
Attorney General to investigate Federal civil rights violations and
provide a determination of whether a violation has occurred within 180
days of submitting a complaint to a court describing the violation in
writing.
SEC. 6. GAO REPORT ON EXPENDITURE OF FEDERAL FUNDS.
On October 1 of each year, the Government Accountability Office
shall issue a public report to Congress on the following:
(1) For each of the 5 fiscal years ending immediately
before the report, the Creek Nation's expenditure of all
Federal funds.
(2) An analysis of Federal funds allocated by the Creek
Nation's leadership for its member benefits and services and
for administrative and other purposes.
(3) A determination of whether or not the Creek Nation is
in full compliance with all Federal regulations and laws
regarding the management and disbursement of Federal funds.
SEC. 7. DEFINITIONS.
In this Act:
(1) Creek nation.--The term ``Creek Nation'' means the
Muscogee (Creek) Nation of Oklahoma.
(2) Creek freedmen, freedmen, and black creeks.--The terms
``Creek Freedmen'', ``Freedmen'', and ``Black Creeks'' means
individuals who can trace their ancestry to individuals listed
on the 1906 Dawes Commission Rolls for the Creek Freedmen.
(3) Other freedman indians.--The term ``Other Freedmen
Indians'' means individuals who can trace their ancestry to the
1906 Dawes Commission Rolls who are members of the Choctaw,
Chickasaw, Muscogee (Creek), and Seminole Nations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
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