Native OK 4/26 Weekly Newsletter

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Former Seminole Nation Principal Chief and Oklahoma Sen. Enoch Kelly Haney sculpted "The Guardian," which sits atop the Oklahoma State Capitol. (NonDoc)
Former Seminole Chief, Sen. Enoch Kelly Haney dies at 81


By Tres Savage

Former Seminole Nation Chief and Oklahoma State Sen. Enoch Kelly Haney has died at age 81.
A renowned painter and sculptor whose piece “The Guardian” stands atop the Oklahoma State Capitol, Haney served as a Democrat in the House from 1980 to 1986 and in the Senate from 1986 to 2002. He ran for governor in 2002, losing in the primary to eventual Gov. Brad Henry.
“I have been in politics over 30 years, and he’s the epitome of what real public service is,” said Sheryl Lovelady, who served on Haney’s staff in the State Senate. “I’m not in any way exaggerating.”
After leaving the Legislature, Haney was elected to a single term as principal chief of the Seminole Nation of Oklahoma in 2005.
“He answered the call for the Seminole Nation when there needed to be some stability and there needed to be a respected leader at the helm,” recalled former Senate President Pro Tempore Stratton Taylor (D-Claremore). “He did not need to do that, and frankly he didn’t really want to, but he knew there needed to be a leader so he did.”
Taylor said he spoke to Haney a few weeks ago before his friend became ill.
“We served together in the House and in the Senate for 24 years, and he touched a lot of lives in Oklahoma both in a big way and in a small way,” Taylor said. “He was always a strong proponent of education because he went to a rural school like I did, and he believed that Oklahoma’s path upward was through education.”
Taylor recalled a line that he said Haney often used on the Senate floor.
“I remember he would always quote his father, who said, ‘Son, when you do good, you do good for all people,'” Taylor said. “And he would give that quote on a regular basis about our obligation as members of the Senate to look after everyone.”
Taylor called Haney “a valuable member of my leadership team as the appropriations chairman.”
“He was always able to negotiate difficult issues with the House or the governor and do it with diplomacy,” Taylor said. “The people of his district particularly owe him a debt of gratitude because nobody built more roads or did more for infrastructure in their district than Kelly Haney.”
Former Rep. Ryan Kiesel (D-Seminole) was from Haney’s district, and he paged for Haney during high school. Kiesel later served on his staff when Haney was chairman of the Senate Appropriations and Budget Committee.
“Just about every road I have traveled in my professional and personal life can find its way back to Kelly Haney,” Kiesel said. “While many will remember him for The Guardian standing atop our Capitol, I’ll also always see him in volunteer fire departments that he helped or the small towns in need of critical infrastructure that he never forgot as he chaired the Senate Appropriations Committee.”
Kiesel said Haney “had a wicked sense of humor.”
“He told a political opponent who once claimed, ‘God had told me to run for office,’ that God also told Kelly Haney to run, but that God said that he was going to win,” Kiesel recalled. “And Sen. Haney was fearless, which was cemented in my mind as he scaled a precarious ladder to personally watch as his sculpture was fitted on top of the Capitol for the ages. Now that he too is with the ages, I’ll continue to tell my kids about opportunities he gave to me, hoping they will realize the power that one person can have to bring good into the world.”
‘He thought that dialogue was the most important thing’
Seminole Nation of Oklahoma Assistant Chief Brian Palmer called Haney “an inspiration” in a Facebook post.
“With a heavy heart, the Seminole Nation woke to the news of the passing of Chief Kelly Haney,” Palmer said. “An inspiration to many, an accomplished artist, his work with the state and later as chief highlighted his career, but his greatest achievement is that of family. Keep his family in prayer and may they find comfort in knowing the Seminole Nation and Indian Country mourns his loss.”
Chickasaw Nation Gov. Bill Anoatubby also posted a statement on Facebook saying Haney would be missed.
“We are sorry to learn of the passing of our longtime friend Enoch Kelly Haney,” Anoatubby wrote. “He was a talented artist, gifted leader, minister, family man and a genuine role model. He will be missed by us all. May his family and friends be comforted in this time of loss by the examples he set. I offer my condolences.”
Taylor praised Haney — who also had heritage from the Muscogee Nation — as a leader who could help governments cooperate.
“He thought that dialogue was the most important thing between tribal government and state government, and he was right,” Taylor said. “If we can sit down together and discuss, we can often move Oklahoma forward for everybody. While he was a very, very proud member of the Seminole and the Muscogee (Creek) nations, he was also someone who could walk in both worlds as a government leader.
“He was also the driving force for putting the flags of all the tribal governments on the Capitol grounds as showing that Oklahoma was a state that came from those lands.”
John Hargrave was mayor of Wewoka while Haney was principal chief of the Seminole Nation.
“We did a downtown revitalization project, and Kelly Haney was instrumental with that, including bringing back and restoring the historic Wewoka Switch Depot,” Hargrave recalled. “I worked with Kelly on numerous projects. I’ve been on a lot of boards and committees with Kelly. He was well-known to the community and was a good partner to work with for the City of Wewoka and the Seminole Nation. Kelly was very quiet, very patient and he would take on and work on long-term projects with a lot of resiliency. That’s something that might have set him apart.”
Lovelady, who would photograph Haney’s finished paintings in Seminole, said she once asked her friend to put in a good word for her when she was seeking a job at the University of Oklahoma. Instead, however, she ended up working for his campaign and, eventually, his Senate office.
“I was helping a constituent with an issue with autism, and I wondered if I had kind of overstepped (because) it was my first week on the job,” Lovelady said. “He said, “Sheryl, if we can’t use this office to help children, I don’t know why on Earth we are here.’ That’s the kind of man he was.”
Lovelady said Haney was an ordained Methodist minister who had seven children. English was his second language, and Lovelady said his love of drawing developed early in life. One time, his mother ran out of paper when he was a child.
“So she told him he could just go ahead and draw on the walls,” Lovelady said.
She recalled a conservation they had on the road.
“One day, we were just driving along, and he said, ‘When I was a little boy, I went to town in the back of a wagon. And as an artist, I took the Concord to Paris. I’ve lived a very amazing life,'” Lovelady said.
Native American reservations have helped to define Oklahoma. (Courtesy of Oklahoma Department of Transportation)
Oklahoma tribes strike back at critics ahead of Supreme Court arguments 


By Mikaela DeLeon
Gaylord News

WASHINGTON – Oklahoma’s Five Tribes pushed back against critics of tribal sovereignty last week as the U.S. Supreme Court prepared to hear oral arguments Wednesday in a case that could solidify the impact of a decision recreating reservations in nearly half the state. 

Those reservations are shaping up to be a significant issue in Oklahoma’s June 28 Republican primary.  

John Bennett, chairman of the state’s Republican Party and a candidate for the 2nd Congressional seat being vacated by U.S. Rep. Markwayne Mullin, staked out the conservative end of the spectrum when he told the Washington Examiner last week it would be his priority to overturn the two-year-old McGirt v Oklahoma ruling if he were elected. He suggested that Congress should “disestablish the Muscogee Nation reservation.”

The Muscogee Nation has been at the heart of the McGirt controversy since the court ruled that Congress had never disestablished the Muskogee Reservation, a ruling that was quickly extended by Oklahoma courts to the remaining Five Tribes and to the Quapaw reservation.  

The Inter-Tribal Council of the Five Civilized Tribes – Muscogee, Cherokee, Chickasaw, Choctaw and Seminole – quickly pushed back at Bennett’s stance.

 “Oklahoma is strongest when our tribes are at the table. Candidates who seek to restrict our rights and disestablish our reservations, after the U.S. Supreme Court reaffirmed twice that they have always existed, do not deserve to represent our state,” the Five Tribes leaders said in a statement issued a day after Bennett’s remarks.  

On Friday, the Muscogee Nation made clear where it was ready to fight any effort to curtail its sovereignty.

“The Muscogee (Creek) Nation will continue to fight in every venue – from the courts to Congress – to preserve its sovereignty and pursue justice for victims of crimes,” the nation said in a statement. 

The 2020 McGirt v. Oklahoma ruling determined that 3 million acres in easten Oklahoma belonged to a Muscogee reservation established in the 19th century. The decision stripped the state of jurisdiction to prosecute major crimes committed by members of the Muscogee Nation. 

The state has filed more than 30 petitions, 29 of which were dismissed, seeking to overturn the McGirt decision, including the 2021 Oklahoma v. Castro-Huerta. 

Victor Manuel Castro-Huerta was convicted of neglecting his stepdaughter in 2015 in a Tulsa County district court. The stepdaughter is a member of the Eastern Band of Cherokee Indians, but Castro-Huerta is not. The Oklahoma Court of Criminal Appeals vacated his conviction and 35-year sentence under the McGirt ruling because the crime involved a Native American and occurred in Indian Country. The Supreme Court agreed to review the Oklahoma v. Castro-Huerta case to examine the scope of the previous verdict, but not to reverse McGirt. 

Oklahoma Gov. Kevin Stitt “applauded” in January the SCOTUS’ decision to review the case, calling the McGirt decision “destructive.” Stitt said in a statement that McGirt has “hamstrung law enforcement in half of the state.” 

“Criminals have used this decision to commit crimes without punishment. Victims of crime, especially Native victims, have suffered by being forced to relive their worst nightmare in a second trial or having justice elude them completely,” Stitt said, “I will not stop fighting to ensure we have one set of rules to guarantee justice and equal protection under the law for all citizens.” 

The governor has routinely criticized the McGirt ruling on multiple platforms. Stitt’s pinned tweet on Twitter claims McGirt has “ripped Oklahoma apart” and features a clip from his March 30 appearance on Fox News to discuss the ruling.  

The state’s brief to the SCOTUS argues in favor of the state’s authority, suggesting that without the federal overreach, Oklahoma has the authority to prosecute in cases such as Castro-Huerta.  

“Absent Federal Preemption, A State Has Authority To Prosecute Non-Indians For Crimes Committed In Indian Country,” the brief reads. 

Oklahoma tribes have expressed frustration with the state’s approach and have unified ahead of the upcoming hearing. The Five Tribes joined to file an amicus brief  on April 4. Amicus briefs provide additional data to Supreme Court justices in complex cases and can be filed by parties who have expertise related to the case.  

The brief detailed the tribes' frustration with the state's "attack" on tribal interests but reemphasized the nations' willingness to cooperate in implementing McGirt fully. 

"The State badly misses the mark when it argues that the Nations lack a significant interest in the outcome of this case," the brief reads, "Despite the State's steadfast resistance, the Nations and United States are effectuating that allocation through increased resources and intergovernmental collaboration in which the Nations are crucial links." 

Since the McGirt ruling, the Oklahoma Court of Criminal Appeals determined that eastern reservations of the Cherokee, Chickasaw, Choctaw, Quapaw and Seminole nations were also never disestablished, continuing to grant the tribes authority over their lands’ criminal justice rather than the state. 

Cherokee Nation Principal Chief Chuck Hoskin Jr. and Cherokee Nation Attorney General Sara Hill plan to provide a virtual press briefing Monday to discuss the upcoming oral arguments. Both will be in attendance at the Supreme Court when the hearing begins. 

VA and Osage Nation of Oklahoma Host Presumptive Conditions Event, May 10-11
 “Your Service. Our Mission: Bringing VA Benefits Home” Campaign
 
WHAT: "Your Service. Our Mission: Bringing VA Benefits Home,” U.S. Department of Veterans Affairs' Presumptive Conditions Campaign Event
 
Tribal Veteran Service Officers and other knowledgeable advocates will be present to assist with filling out VA claim paperwork. Staff from the Muskogee VA Regional Office will review claims on-the-spot with the hope of same day approval. 
 
The Eastern Oklahoma VA Health Care System and the Oklahoma City VA Health Care System will be on-hand to enroll any Veterans not currently enrolled in VA health care.
 
Veteran benefit information and assistance will be available from local Vet Centers, the State Department of Veterans Affairs, IRS Taxpayer Advocate Services, and Tribal HUD-VASH for homeless Veterans.
 
This event is free and lunch will be provided. 
 
WHEN:   Tuesday, May 10, 2022, 8:30 a.m. – 5 p.m.
                 Wednesday, May 11, 2022, 8:30 a.m. – 3 p.m. 
 
WHO:      Veterans and their spouses/widows/widowers
 
WHERE: Osage Nation Casino, 951 West 36th Street North, Tulsa, OK 74127
 
HOW:     Veterans are asked to bring the following documents, if available. This will help expedite and process your claim quicker and more efficiently.
 
·        Medical records/medical evidence (e.g., doctor or hospital reports)
·        Any documents that provide historical or military information needed for the disability you are claiming
·        Discharge or separation papers (DD 214 or equivalent)
·        Dependent records (e.g., marriage certificate, death certificate, children birth certificates),
 
BACKGROUND: 
 
On May 10 and 11, the U.S. Department of Veterans Affairs and the Osage Nation of Oklahoma will host a Presumptive Conditions Campaign event focused on identifying and assisting Veterans across Osage Nation and Oklahoma who may have presumptive disabilities and might be eligible for a VA pension claim. 
 
Since the pandemic began, this is only the second, in-person event of this type held by VA nationwide. 
 
A presumptive disability is a condition that VA presumes are related to military service, although the condition may first appear after discharge from the military. These conditions may qualify for VA compensation payments.
 
Collaborating with 24 tribal communities, VA is rolling out disability enrollment claim events for Indian Country Veterans. This campaign, titled “Your Service. Our Mission: Bringing VA Benefits Home,” kicked off last year in Lawton, Oklahoma. That event was co-hosted by the Lawton Indian Health Service and the Apache Tribe of Oklahoma. Tribal communities in several states have already confirmed their future participation.
 
VA realizes this initiative can have a direct, tangible impact on the lives of thousands of previously unreached Veterans and their spouses.
 
“With the focus on Veterans with presumptive disabilities and those who are pension eligible, VA is hopeful we can help Indian Country Veterans access the full range of benefits they have courageously earned through their service,” said Stephanie Birdwell, director, VA’s Office of Tribal Government Relations.
 
In addition, spouses and widows/widowers may be eligible for Dependency and Indemnity Compensation (DIC) when a Veteran dies as a result of these presumptive disabilities.
Quapaw Nation Tribal Chairman Joseph Tali Byrd
Quapaw Nation Chairman responds to Congressional Candidate calling for the disestablishment of Tribal reservations

“It’s unfortunate that a candidate for United States Congress either doesn’t understand or is so willfully ignorant of the law. John Bennett says his first order of business would be to ‘disestablish tribal reservations’ and ‘implement the rule of law’ if elected to serve eastern Oklahoma. 
If Mr. Bennett was paying attention to the job he is seeking, he would know that Congress has passed new laws protecting Native people from violence on tribal reservations from both Native and non-Native perpetrators. I’m proud the Quapaw Nation is the first tribe to enact these laws under our tribal codes and have cross-jurisdiction agreements with every law enforcement agency on our reservation for seamless cooperation and collaboration. 
I look forward to working with the next Congressman for this district who embraces a spirit of cooperation and the rule of law as we have with previous Representatives.”
– Quapaw Nation Tribal Chairman Joseph Tali Byrd 

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