[Congressional Record Volume 154, Number 122 (Thursday, July 24, 2008)]
[Extensions of Remarks]
[Page E1554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   MOTION TO INSTRUCT CONFEREES ON S. 2062, NATIVE AMERICAN HOUSING 
     ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2007

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                               speech of

                             HON. DAN BOREN

                              of oklahoma

                    in the house of representatives

                        Wednesday, July 17, 2008

  Mr. BOREN. Mr. Speaker, I rise today in response to statements made 
on July 17, 2008 referencing the Cherokee Nation and the Freedmen 
citizenship issue in discussions on the NAHASDA bill. The Cherokee 
Nation is the second-largest Indian nation within U.S. borders with 
280,000 citizens. I represent the largest number of Cherokees in any 
Congressional District--more than 95,000--and I am proud to serve as 
their Congressman.
  I believe that, regardless of what one thinks about the merits, this 
is an issue for the courts, and Congress should stay out of the 
litigation. A current federal court case in Washington, D.C. involving 
these issues was filed five years ago. Last year, more than 300 people 
filed suit over these same issues in Cherokee Nation tribal courts. We 
in Congress need to let the courts do their work without interfering. 
The Bureau of Indian Affairs similarly has said it will take no action 
until the courts decide. I cannot help but note the irony that we in 
Congress or any legislative body generally do all we can to avoid 
getting involved with litigation until it is finally resolved. This 
issue should be treated no differently.
  That is why I have worked with Chairman Frank and others to craft 
compromise language that would allow the Cherokee Nation to continue 
receiving federal funds until the courts decide. It is not a perfect 
solution, as I would prefer this Congress avoid establishing the 
precedent that it is permissible to punish a single tribe for an 
internal decision. That is a dangerous slippery slope that will 
ultimately undermine the very meaning of sovereignty when it comes to 
all Indian tribes.
  There is another sad irony here; if the Cherokee Nation were to lose 
these funds, thousands of my constituents would be hurt, including the 
Freedmen descendants who have been recently reinstated in the tribe and 
who are also my constituents. I appreciate the fact that efforts have 
been aimed at helping them, but the reality of the legislation falls 
short of that goal if funding were ever to be cut.
  The consequences of losing this federal housing funding would be 
real, damaging and lasting. In 2008 alone, this would mean more than 
$30 million. Without it, more than 7,000 low-income Cherokee families 
would lose their federal housing assistance. Many would lose their 
homes, precipitating a housing crisis in eastern Oklahoma. The State, 
which is already stretched, would be forced to pick up the slack. How 
tragic it would be if the U.S. Congress were once again responsible for 
removing Native Americans from their homes. Truly, the most responsible 
and prudent thing we can do is wait for the tribal and federal courts 
to decide these issues first.

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