Gathering in front of the historic Choctaw Nation administration building Oct. 6 are, front from left, Chief Gary Batton, U.S. Department of the Interior Secretary Sally Jewell and Assistant Chief Jack Austin Jr. Choctaw Nation employees helped welcome the visitor from Washington, D.C.
By Charles Clark
Choctaw Nation
Durant, Okla. - On Oct. 6, U.S. Secretary of the Interior Sally Jewell visited Choctaw Country to announce the $186 million agreement resolving a dispute with claims dating back more than 100 years. Staff of the Choctaw Nation, many wearing traditional tribal attire, lined the hallway to greet Jewell on her historic visit.
The settlement is the result of a lawsuit brought by the Choctaw Nation and the Chickasaw Nation against the Department of the Interior. Not only has a monetary figure been reached, but it brings an end to, as the Interior Department explained, “protracted, vigorously contested and expensive litigation that has burdened both nations and the United States for a decade.”
At issue was the accounting of management and disposition of more than a million acres of Chickasaw and Choctaw tribal lands that the U.S. government took control of on the eve of Oklahoma statehood. The U.S., as federal trustee, held those lands in trust for the benefit of the Nations. In December 2005 the Nations filed suit in U.S. District Court seeking a long overdue accounting of the federal trustee’s management of those resources and an equitable restoration of the value of that trust.
After a decade of litigation, a $186 million settlement was reached. The settlement will be divided between the Chickasaw and Choctaw Nations based on longstanding treaty agreements. According to those treaties, the Choctaw Nation will receive 75 percent of the funds, while the Chickasaw Nation will receive 25 percent. Based on the treaties, the Choctaw Nation will receive $139.5 million and the Chickasaw Nation will receive $46.5 million.
When asked what the event meant to the ancestors of today’s Choctaw people, Chief Gary Batton said, “It means their sacrifices have not been in vain.”
Chief Batton led the entourage showing the location where the Choctaw Cultural Center is to be built, the Nation’s print shop business, Career Development campus, Recycling Center, and School of Choctaw Language; also shown were the community partnership efforts—the Fire Department, Food Distribution Center and child development center.
From there the group proceeded to the main event—the signing of the agreement.
Bill Anoatubby, governor of the Chickasaw Nation, and council members from both tribes met Chief Batton and Secretary Jewell at the door and all moved inside together.
Flags of all three nations lined the back of the stage. All 250 seats were filled in front. Two risers stacked with members of the press were behind the audience.
Choctaw Assistant Chief Jack Austin Jr. served as emcee introducing District 6 Councilman Joe Coley to open with a prayer. Next, Scott Wesley sang the Lord’s Prayer in the Choctaw language as Jr. Miss Choctaw Nation Loren Crosby and Little Miss Choctaw Nation Ariana Byington presented the hymn in sign language.
Gov. Anoatubby spoke first.
“This is a historic moment,” he began.
Directing his remarks to Secretary Jewell, he said, “We appreciate all of your help with this matter and this administration’s help.”
Reiterating an earlier press release, he said, “This settlement represents a significant milestone in helping solidify and improve our relationship with the United States. We respect the vital role Secretary Jewell has taken in helping make this historic settlement a reality. We are confident she will play an essential role in our efforts to continue strengthening the relationship between our governments, because we believe she has a unique appreciation for the mutual benefits of a positive government-to-government relationship.”
Then it was Chief Batton’s turn.
“The Choctaw Nation is very blessed,” he said.
“It is a historic occasion to have the Secretary of the Interior visit the Choctaw and Chickasaw Nations. I am appreciative of having a sovereign-to-sovereign relationship between the Choctaw Nation and the United States government. It is also historic that these three sovereigns have agreed to a settlement of the timber trust account case.”
Touching on the July visit by another federal government notable, Chief Batton said, “This visit marks the start of a revitalized relationship with the United States. Secretary Jewell’s presence here, coming soon after President Obama’s recent visit, also serves to reaffirm that the foundation of this relationship is government-to-government.”
“This is a time of healing,” he said.
With an introduction that spoke to her empathy and support of American Indian issues and people, Secretary Jewell came to the podium.
She met the crowd with the Choctaw greeting, “Halito!”
“Today’s agreement is the latest addition to a record number of long-standing settlements resolved under this Administration,” Secretary Jewell said, noting that this was the 86th agreement reached, the fifth largest, under President Obama. There had been 100 facing the United States. “This president has settled more than any previous administration,” she said.
Referring to the issue as “a black mark of our history,” she said today’s step shows “our commitment” to “the trust and treaty obligation.”
“This historic settlement is the start of a new chapter in our trust relationships with the Chickasaw and Choctaw Nations, and underscores our commitment to fulfilling those responsibilities to Native communities across the country.”
To the members of the Nations present, she said, “You have moved beyond being victims, you are survivors.”
As she stepped back from the podium, she turned and said, “ Governor, Chief, if you will join me, we have something to sign.”
The three nation representatives then moved to sit side-by-side at a table on stage where they each signed the document.
In return for the settlement, the nations will dismiss their current lawsuit and forego further litigation regarding the United States’ historic management or accounting of the nations’ funds and natural resources held in the trust. The parties will abide by alternative dispute resolution procedures to reduce the likelihood of future litigation. The parties also agree to undertake new information-sharing procedures that will lead to improved communication concerning the management of the nations’ trust funds and natural resources.
“We plan for the proceeds to be invested in our people—expanding education, creating jobs, promoting economic development and culture as well as a portion to be invested in a sustainability fund for the future of our citizens,” Chief Batton said.