JENA BAND OF CHOCTAW INDIANS OF LOUISIANA 

CONFIRMATION ACT 

HEARING 

BEFORE THE 

SUBCOMMITTEE ON 

NATIVE AMERICAJ.\f AFFAIRS 

OF THE 

COMMITTEE ON 

NATURAL RESOURCES 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED THIRD CONGRESS 

FIRST SESSION 

ON 

H.R. 2366 

TO CONFIRM THE FEDERAL RELATIONSHIP WITH THE JENA BAND OF 

CHOCTAW INDIANS OF LOUISIANA 

72-125 

HEARING HELD IN WASHINGTON, DC 

JULY 22, 1993 

Serial No. 103-37 

Printed for the use of the Committee on Natural Resources 

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1993 

For sale by the U.S. Government Printing Office 

Superintendent of Documents, Congressional Sales Office, Washington. DC 20402 

ISBN 0-16-041484-9 

72-125 0 - 93 - 1 
COMMITTEE ON NATURAL RESOURCES 

GEORGE MILLER, California, Chairman 

PHILIP R. SHARP, Indiana 

EDWARD J. MARKEY, Massachusetts 

AUSTIN J. MURPHY, Pennsylvania 

NICK JOE RAHALL II, West Virginia 

BRUCE F. VENTO, Minnesota 

PAT WILLIAMS, Montana 

RON DE LUGO, Virgin Islands 

SAM GEJDENSON, Connecticut 

RICHARD H. LEHMAN, California 

BILL RICHARDSON, New Mexico 

PETER A DEFAZIO, Oregon 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

TIM JOHNSON, South Dakota 

LARRY LAROCCO, Idaho 

NEIL ABERCROMBIE, Hawaii 

CALVIN M. DOOLEY, California 

CARLOS ROMERO-BARCELO, Puerto Rico 

KARAN ENGLISH, Arizona 

KAREN SHEPHERD, Utah 

NATHAN DEAL, Georgia 

MAURICE D. HINCHEY, New York 

ROBERT A UNDERWOOD, Guam 

SAM FARR, California 

LANE EVANS, Illinois 

PATSY T. MINK, Hawaii 

THOMAS J. BARLOW III, Kentucky 

THOMAS M. BARRETT, Wisconsin 

DON YOUNG, Alaska, 

Ranking Republican Member 

JAMES V. HANSEN, Utah 

BARBARA F. VUCANOVICH, Nevada 

ELTON GALLEGLY, California 

ROBERT F. SMITH, Oregon 

CRAIG THOMAS, Wyoming 

JOHN J. DUNCAN, JR., Tennessee 

JOEL HEFLEY, Colorado 

JOHN T. DOOLITTLE, California 

WAYNE ALLARD, Colorado 

RICHARD H. BAKER, Louisiana 

KEN CALVERT, California 

SCOTT MciNNIS, Colorado 

RICHARD W. POMBO, California 

JAY DICKEY, Arkansas 

JOHN LAWRENCE, Staff Director 

RICHARD MELTZE!t, General Counsel 

DA."'IEL VAL KlSH, Republican Staff Director 

SUBCOMMITI'EE ON NATIVE AMERICAN AFFAIRS 

BILL RICHARDSON, New Mexico, Chairman 

PAT WILLIAMS, Montana CRAIG THOMAS, Wyoming, 

SAM GEJDENSON, Connecticut Ranking Republican Member 

EN! F.H. FALEOMAVAEGA, American DON YOUNG, Alaska 

Samoa RICHARD H. BAKER, Louisiana 

TIM JOHNSON, South Dakota KEN CALVERT, California 

NEIL ABERCROMBIE, Hawaii 

KARAN ENGLISH, Arizona 

TADD JOHNSON, Staff Director 

STEVEN J.W. HEELEY, Counsel 

MAitrE HOWARD, Professional Staff Member 

JUNE LoRENZO, Professional Staff Member 

BARBARA ROBLES, Clerk 

RICHARD HOUGHTON, Republican Counsel on Native American Affairs 

(II) 
CONTENTS 

Page 

Hearing held: July 22, 1993 .................................................................................... 1 

H.R. 2366: 

1. Text of the bill . ... ... ..... ........ ... .. .......... ... .. .. ......... .. .. ... .. . .. .. . .. ... ... .. ....... .. ... ... .. . 2 

2. Background information ...... ... .. .......... ... .. ........ .......................... ...... ... ......... 12 

3. Section-by-section . ... ... .. ........ ..... ....... ... .. ... .. . .. .......... ........ .. . .. ... ... .. ... ........ ..... 13 

Member statements: 

Hon. Bill Richardson . .. .. . .. ... ....... ... ..... ....... ... ... .. ... .. ... . .. . . . .. .. ... . .. .. . .. .. .. . ... ... . .. . .. . 1 

Hon. Thomas ...................................................................... .................... 15 

Hon. rd H. Baker ................................................................................. ... 23 

Witness statements: 

Panel consisting of: 

Hon. Jerry D. Jackson, Chief, Jena Band of Choctaw Indians, LA ...... 27 

Diana S. Williamson, executive director, The Governor's Office of 

Indian Affairs, Baton Rouge, LA ...................... ............. ...... ...... ........ ... 36 

Material for the record submitted by witnesses: 

Hon. Jerry D. Jackson: 

1. Prepared statement of John "Bud" Shapard, research consultant 

to the Jena Band of Choctaw Indians of Louisiana and former 

Chief of the Branch of Acknowledgment and Research .... ... ... ............ 35 

2. Resolution of Mississippi Band of Choctaws dated February 20, 

1990, and cover letter to Chief Jackson ............................................... 43 

(III) 

JENA BAND OF CHOCTAW INDIANS OF 

LOUISIANA CONFIRMATION ACT 

THURSDAY, JULY 22, 1993 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON NATIVE AMERICAN AFFAIRS, 

COMMITTEE ON NATURAL RESOURCES, 

Washington, DC. 

The subcommittee met, pursuant to call, at 2:15 a.m. in room 

1324, Longworth House Office Building, Hon. Bill Richardson 

(chairman of the subcommittee) presiding. 

OPENING STATEMENT OF HON. BILL RICHARDSON 

Mr. RICHARDSON. The committee will come to order. 

Today we will have a brief hearing on the recognition of the Jena 

Band Tribe of Choctaw Indians of Louisiana. The bill, H.R. 2366, 

is sponsored by a distinguished member of our subcommittee, Representative Richard Baker of Louisiana. 

The committee considered a similar measure last year which 

passed both the Senate and the House. However, the bill was pocket vetoed. 

H.R. 2366 would confirm that the Jena Band of Choctaws is a 

federally acknowledged Indian Tribe. The Tribe has a unique history which we will discuss today. We only have two witnesses before us today, the Tribal Chief of the Jena Band and the Executive 

Director of The Governor's Commission on Indian Affairs from the 

State of Louisiana. 

The Department of the Interior will be submitting a written report to the committee on this measure. 

At this time, I ask that the bill, background material, and section-by-section analysis be made part of the record. The record will 

be open for two weeks. 

[The bill, H.R. 2366, and background information follow:] 

(1) 
2 

103n CONGRESS 

1ST SESSION H.R.2366 

To confirm the Federal relationship with the Jena Band of Choctaw Indians 

of Louisiana. 

IN THE HOUSE OF REPRESENTATIVES 

Jul\~ 10, 1993 

Mr. BAKER of Louisiana (for himself, Mr. HAYEs, Mr. McCRERY, Mr. Lrv. 

INGSTON", and Mr. JEFFERSON") introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To confirm the Federal relationship with the J ena Band 

of Choctaw Indians of Louisiana. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the "J ena Band of Choctaw 

5 Indians of Louisiana Confirmation Act". 

6 SEC. 2. FINDINGS. 

7 The Congress makes the following findings: 

8 (1) In 1903 and 1904, after presenting testi9 mony before the Dawes Commission, ancestors of 
3 

2 

1 the Jena Band of Choctaw were identified as 

2 "Fullblood Mississippi Choctaw Indians". 

3 (2) More than 60 percent of the membership on 

4 the Jena Band of Choctaw roll dated December 1, 

5 1984, and later submitted to the Assistant Sec6 retacy, Indian Affairs, on May 2, 1985, can docu7 ment possessing one-half or more Choctaw Indian 

8 blood quantum based on descent from individuals 

9 listed as "Mississippi Choctaw" by the Dawes Com10 mission or as "Choctaw" on the Indian Schedules of 

11 the 1900 Federal Population Census. 

12 (3) High blood degree such as that dem13 onstrated and documented by the Jena Band of 

14 Choctaw, although not a requirement for maintainIS ing a Federal tribal relationship provides exceptional 

16 evidence which supports confirmation of that rela17 tionship outside the normal administrative process, 

18 because a group cannot maintain a high blood de19 gree without a continuity of close and significant so20 cial relationships which in themselves demonstrate 

21 distinct social community. 

22 (4) The Jena Band of Choctaw has retained a 

23 distinct dialect of the Choctaw language on a contin24 uous basis since historic times, thus, providing sup25 porting evidence that the Jena Band has maintained 

•HR ll366 m 
4 

3 

1 itself as a separate and distinct historic band of 

2 Choctaw. 

3 (5) The Jena Band's Choctaw ancestors resided 

4 in close proximity in historic Catahoula Parish, the 

5 predecessor to modern Catahoula and La Salle Par6 ishes, according to the 1880, 1900 and 1910 Fed7 eral population censuses; Federal documents place 

8 the members of the Tribe in this same area in the 

9 1930's and 1950's; 72 percent of the Tribe's current 

10 membership still resides in La Salle, and neighborIt iug Grant and Rapides Parishes, thus providing sup12 porting evidence for continuity of membership and 

13 location. 

14 (6) The Jeua Baud of Choctaw can document 

15 and identifY traditional leaders by name from 1850 

16 to 1968 and elected leaders from 1974 to the 

17 present, which in the historical context of their com18 muuity provides supporting evidence for continuity 

19 of political influence. 

20 (7) Confirmation of the Federal relationship 

21 with the Tribe is supported by all the federally rec22 ognized tribes in Louisiana and by the Mississippi 

23 Baud of Choctaw Indians. 

24 SEC. 3. DEFINITIONS. 

25 For purposes of this Act: 

•BR 2368 m 
5 

4 

1 (1) The term "Tribe" means the J ena Band of 

2 Choctaw Indians of Louisiana. 

3 (2) The term "Secretary" means the Secretary 

4 of the Interior. 

5 (3) The term "Interim Council" means the 

6 Board of Directors of the Jena Band of Choctaw In7 dians of Louisiana. 

8 (4) The term "member" means an individual 

9 who is enrolled on the membership roll of the Tribe. 

10 (5) The term "State" means the State of Lou11 isiana. 

12 SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP. 

13 Federal Recognition as a Tribe is hereby confirmed 

14 with regard to the Jena Band of Choctaw Indians of Lou15 isiana. All Federal laws of general application to Indians 

16 and Indian tribes, including the Act of June 18, 1934 (48 

17 Stat. 984; 25 U.S.C. 461 et seq.), popularly known as the 

18 "Indian Reorganization Act", shall apply with respect to 

19 the Tribe and to the members. 

20 SEC. 5. RECOGNITION OF RIGHTS. 

21 (a) EXISTING RIGHTS OF TRIBE.-Nothing in this 

22 Act may be construed to diminish any rights or privileges 

23 of the Tribe, or of its members, that existed prior to the 

24 date of the enactment of this Act. 

•HR 2366 m 
6 

5 

1 (b) ExiSTING RIGHTS AND 0BLIGATIONS.-Except 

2 as otherwise specifically provided in this Act, nothing in 

3 this Act may be construed as altering or affecting4 (1) any rights or obligations with respect to 

5 property, 

6 (2) any rights or obligations under any con7 tract, 

8 (3) any hunting, fishing, trapping, gathering, or 

9 water rights of the Tribe or its members, or 

10 ( 4) any obligation to pay a tax levied before the 

11 date of enactment of this Act. 

12 SEC. 8. FEDERAL SERVICES AND BENEFITS. 

13 Notwithstanding any other provision of law, and 

14 without regard to the existence of a reservation, the Tribe 

15 and its members shall be eligible, on and after the date 

16 of enactment of this Act, for all Federal services and bene17 fits furnished to federally recognized Indian tribes or their 

18 members. In the case of Federal services available to mem19 hers of federally recognized tribes residing on a reserva20 tion, members of the J ena Band of Choctaw Indians of 

21 Louisiana residing in La Salle, Rapides, and Grant Par22 ishes, Louisiana, shall be deem~a to be residing on a res23 ervation. Notwithstanding any other provision of law, the 

24 Tribe shall be considered an Indian tribe for the purpose 

•HR 2386 m 
7 

6 

1 of the Indian Tribal Government Tax Status Act (26 

2 U.S.C. 7871). 

3 SEC. 7. ECONOMIC DEVELOPMENT. 

4 (a) PLAN FOR ECONOMIC DEVELOPMENT.-The Sec5 retary shall6 ( 1) enter into negotiations with the governing 

7 body of the Tribe with respect to establishing a plan 

8 for economic development for this Tribe; 

9 (2) in accordance with this section and not later 

10 than 2 years after the adoption of a tribal constitu11 tion as provided in section 10, develop such a plan; 

12 and 

13 (3) upon the approval of such plan by the gov14 erning body of the Tribe, submit such plan to the 

15 Congress. 

16 (b) RESTRICTIONS TO BE CONTAINED IN PLAN.-

17 Any proposed transfer of real property contained in the 

18 plan developed by the Secretary under subsection (a) shall 

19 be consistent with the requirements of section 11 of this 

20 Act. 

21 SEC. 8. INTERIM GOVERNMENT. 

22 Until such time as a constitution for the Tribe is 

23 adopted in accordance with section 10(a), the Tribe shall 

24 be governed by the Interim Council. 

•HR 2366 m 
8 

7 

l SEC. 9. MEMBERSHIP. 

2 (a) BASE RoLL.-The Jena Band of Choctaw mem3 bership list dated December 1, 1984, and submitted to 

4 the Assistant Secretary, Indian Affairs, on May 2, 1985, 

5 shall constitute the base roll of the Tribe subject to the 

6 review and approval of the Secretary. 

7 (b) ELIGffiiLITY.-(1) Until a tribal constitution is 

8 adopted, a person shall be placed on the Jena membership 

9 roll, if the individual is living, possesses at least one-fourth 

10 or more Choctaw Indian blood quantum derived directly 

11 from those Choctaw who lived in the historic Catahoula 

12 Parish, and is not an enrolled member of another federally 

13 recognized tribe, and if14 (A) that individual's name is listed on the Jena 

15 Band of Choctaw membership list dated December 

16 1, 1984, submitted to the Assistant Secretary, ln17 dian Affairs, on May 2, 1985; 

18 (B) that individual is not listed .on but meets 

19 the requirements established by the J ena Band of 

20 Choctaw Indians of Louisiana in its Articles of In21 corporation, filed and recorded in the State of Lou22 isiana on May 22, 197 4, which had to be met to be 

23 included on the Jena Band's list dated December 1, 

24 1984; or 

•HR 2366 m 
9 

8 

1 (C) that individual is a lineal descendant of an 

2 individual, living or dead, identified by subparagraph 

3 (A) or (B). 

4 (2) After adoption of a tribal constitution, such con5 stitution shall govern membership in the Tribe. In addi6 tion to meeting any other criteria imposed in such tribal 

7 constitution, any person added to the roll must be of Choc8 taw ancestry derived directly from those Choctaw who 

9 lived in the historic Catahoula Parish and cannot be a 

10 member of another federally recognized Indian tribe. 

11 SEC. 10. TRIBE CONSTITUTION. 

12 (a) IN GENERAL.-Upon the written request of the 

13 Interim Council, the Secretary shall conduct, by secret bal14 lot, an election to adopt a constitution for the Tribe which 

15 is consistent with this Act. Such constitution shall be sub16 mitted by the Interim Council to the Secretary no later 

17 than 1 year following the date of enactment of this Act. 

18 Absentee balloting shall be permitted regardless of voter 

19 residence. The election shall be conducted in accordance 

20 with section 16 of the Act of June 18, 1934 (48 Stat. 

21 987; 25 U.S.C. 476), as amended. 

22 (b) ELECTION OF TRIBAL 0FFICIALS.-Not later 

23 than 120 days after the Tribe adopts a tribal constitution, 

24 the Secretary shall conduct an election by secret ballot for 

25 the purpose of electing tribal officials as provided in the 

•HR 2366 m 
10 

9 

1 constitution. Such election shall be conducted according 

2 to the procedures stated in subsection (a) except to the 

3 extent that such procedures conflict with the tribal con4 stitution. 

5 (c) TRIBAL GoVERNMENT.-Notwithstanding any 

6 other provision of law, the governing body of the Tribe 

7 established under the constitution adopted under sub8 section (a), shall be treated as an Indian tribal govern9 ment for purposes of the Internal Revenue Code of 1986, 

10 and all other Federal laws of general application to Indi11 ans and Indian tribes, including the Act of June 18, 1934 

12 (48 Stat. 984; 25 U.S.C. 461 et seq.), as amended. 

13 SEC. 11. REAL PROPERTY. 

14 (a) SUBJECT TO EXISTING RIGHTS AND OBLIGA15 TIONS.-Any real property taken in trust by the Secretary 

16 shall be subject to17 (1) all legal rights and interests in such lands 

18 existing at the time of acquisition of such land by 

19 the Secretary, including any lien, mortgage, or pre20 viously levied and outstanding State or local tax; 

21 (2) foreclosure or sale in accordance with the 

22 laws of the State of Louisiana pursuant to the terms 

23 of any valid obligation in existence at the time of the 

24 acquisition of such land by the Seeretary; and 

•HR 2366IH 
11 

10 

1 (3) the provisions of the Indian Gaming Regu2 latory Act (25 U.S.C. 2701 et seq.). 

3 (b) TAX EXEMPTION.-Any real property held in 

4 trust by the Secretary pursuant to this Act shall be ex5 empt from Federal, State, and local taxation on and after 

6 the date such property is accepted by the Secretary. 

0 
12 

BACKGROUND ON H.R. 2366 

The Jena Band of Choctaw are located near the center of Louisiana. The Band has 

152 members with over 60% of the membership possessing a blood quantum of 50% or 

greater. 

The Jena Choctaw were certified as members of the Choctaw Tribe and eligible for 

land allotments by the Dawes Commission pursuant to the General Allotment Act of 1887. 

However, the Band never received any allotted land. Consequently, in 1901, tribal leader 

Willis Jackson and members of the Band walked 600 miles to meet with the Dawes 

Commission in Muskogee, Oklahoma, to discuss the allotment issue. In 1903, Commissioner 

Tams Bixby, notified the Jena Band that they qualified for allotments. Due to the hardship 

of the previous trip, the Band chose not to walk the 600 miles again to process the 

allotments and never received allotted land. 

In 1932, the Penick Indian Sch,ool was opened in Jena. The school was funded by the 

BIA. Federal funding continued for the school until 1939. Significantly, in 1938, the 

Assistant Commissioner of the Bureau of Indian Affairs, William Zimmerman, and several 

other BIA officials authorized the Superintendent of the Choctaw Agency to move the Jena 

Band to the Mississippi Choctaw reservation and place them on land that had recently been 

acquired as an addition to the reservation. It should be noted that, in general, only federally 

recognized tribes are eligible to occupy trust lands. However, the Bureau never followed 

through on this promise and the Jena remained in Louisiana. 

Through the years, the Jena Band has maintained its own sacred Native American 

burial site at the White Rock Indian Cemetery. In 1953, tribal members established an 

Indian church. 

Since 1973, the Jena Band has participated in programs sponsored by the State's 

Commission on Indian affairs and was a founding member of the Louisiana Inter-Tribal 

Council in 1975. In 1974, with assistance from the State, the Jena Band adopted 

organizational documents and incorporated under state law. Prior to 1974, the tribe had a 

traditional form of government. 

In 1989, the Jena council sponsored a statewide substance abuse program in 

cooperation with the Louisiana Indian Commission. Besides maintaining a high level of 

Choctaw blood quantum, the present day Jena Band continues to speak the Choctaw 

language. Virtually every member of the tribe is a direct descendant of persons on the 

Dawes' Commission rolls and ties to Jena, Louisiana, have been constant for this tribe. 

In 1992, a bill to recognize the Jena Choctaw was pocket vetoed by President Bush. 

H.R. 2366 provides federal recognition to the tribe. 
13 

SECI'ION-BY-SECTION ANALYSIS OF H.R. 2366 

SECI'ION l. SHORT TITLE 

Section 1 cites the Act as the "Jena Band of Choctaw of Louisiana Confirmation Act." 

SECI'ION 2. FINDINGS 

Section 2 provides the findings of the Congress. 

SECI'ION 3. DEFINmONS 

Section 3 sets forth the definitions for terms used under the Act. 

SECTION 4. CONFIRMATION OF FEDERAL RELATIONSHIP 

Section 4 provides that the federal recognition of the tribe is confirmed and all 

federal laws of general application to Indian tribes apply to the Jena Choctaw. 

SECI'ION 5. RECOGNmON OF RIGHTS 

Subsection (a) provides that nothing in the Act is to diminish existing tribal rights. 

Subsection (b) provides that existing rights and obligations of the tribe are not 

affected by the Act with regard to property; contracts; hunting, fiShing or water rights; and 

pre-enactment tax obligations. 

SECI'ION 6. FEDERAL SERVICES AND BENEFITS 

Section 6 provides that the Jena Choctaws are eligible for Federal Services provided 

to Indian tnbes. Members of the Band residing in LaSalle, Rapides, and Grant Parishes in 

Louisiana are deemed to be residing on a reservation. Jena Choctaw is to be considered a 

tnbe under the Indian Tribal Government Tax Status Act. 

SECI'ION 7. ECONOMIC DEVELOPMENT 

Subsection (a) provides that the Secretary shall (1) negotiate an economic 

development plan with the tribe; (2) develop the plan within 2 years of the adoption of the 

tribal constitution; and (3) upon the approval of the plan by the tribe, submit it to the 

Congress. 

Subsection (b) provides that transfers of property under the plan are subject to 

Section 11. 

72-125 0 - 93 - 2 
14 

SECI10N 8. INTERIM GOVERNMENT 

Section 8 provides that the tribe is to be governed by an Interim council until the 

constitution is adopted. 

SECI10N '· MEMBERSHIP 

Subsection (a) provides that the membership list submitted to the Assistant Secretary 

in 1985 is the base roll of the tribe. 

Subsection (b) provides for the eligibility requirements which include one-fourth 

Choctaw blood quantum, and (A) the person is on the 1985 list. (B) the person is not on the 

1985 list but meets the enrollment requirements, or (C) the person is a lineal descendant of 

a person identified in (A) or (B). In addition, any person added to the roll must be of 

Choctaw ancestry from an ancestor who lived in historic Catahoula Parish and cannot be a 

member of another federally recognized tribe. 

SECI10N 10. TRIBAL CONSTITUTION 

Subsection (a) provides that the Secretary is to conduct an election to adopt a 

constitution upon request of the Interim Council within a year of enactment which will allow 

absentee ballots and be conducted pursuant to the Indian Reorganization Act. 

Subsection (b) provides that the Secretary is to conduct an election to elect tnbal 

officials within 120 days after the tribe adopts a constitution. 

Subsection (c) provides that the Jena Choctaw tribal government is to be treated as 

an Indian tnbe pursuant to all federal laws. 

SECI10N 11. REAL PROPER'IY 

Subsection (a) provides that any real property taken in trust by the Secretary shall 

be subject to: (1) legal rights and interests in the land at the time of acquisition including 

liens, mortgages or outstanding taxes; (2) foreclosure or sale in accordance with the Jaws of 

Louisiana pursuant to obligations in existence at the time of acquisition by the Secretary, and 

(3) the provisions of the Indian Gaming Regulatory Act. 

Subsection (b) provides that any real property held in trust by the Secretary under 

this Act is exempt from taxes after it is accepted by the Secretary. 
15 

Mr. RICHARDSON. Before I call the witnesses, I would like to recognize the distinguished Ranking Minority Member. 

STATEMENT OF HON. CRAIG THOMAS 

Mr. THOMAS. Thank you very much, Mr. Chairman. I just would 

make some brief comments with respect to the bill, or to my understanding of the bill. I am anxious to hear from the witnesses. 

As you know, I have had the position-and intend to continue 

with the position-that there is a process for recognition and that 

process ought to be used, unless there is overwhelming and compelling evidence that a group needs to be treated specially. 

I understand this bill has gone through the Congress. I understand that there is also some controversy about whether, in fact, 

this is recognition legislation or whether it is restoration legislation. 

There is some controversy I think-or difference of view-as to 

whether the contacts that have been made with the Tribe by the 

BIA and the Federal Government in the past have been individual 

contacts which could easily have been made with any Indian citizens or whether, in fact, they were government-to-government contacts and, therefore, really represent recognition. 

So, Mr. Chairman, I am pleased that you have it here. I am anxious to hear from our associate, Mr. Baker, and hear the others. 

But I do want to tell you that I do have these concerns. I think 

it is a matter of conscience as to whether you deviate from a system that is there. If the system is failing us, then that is one thing. 

If the system is there and simply not being used, that is quite another. 

I can imagine that there is no need to have a system if every 

Tribe that has a request comes through the Congress to do it, and 

I think that would be a mistake. There needs to be a regular system that is used. 

So I am anxious to hear from the witnesses and will reserve 

some of my judgment until I do. 

Thank you, Mr. Chairman. 

[Prepared statement of Mr. Thomas follows:] 
16 

STATEMENT OF HON. GRAIG THOMAS 

REGARDING 

H.R. 2366: THE JENA RECOGNITION BILL 

July 21, 1993 

Thank you, Mr. Chairman. 

First of all, let me be clear on one thing: Despite efforts 

to cloak this bill in restoration terminology, no attempt at 

verbal manipulation can disguise the fact that this is 

recognition legislation. Inasmuch as restoration of an 

Indian group is predicated on past recognition, the Jena 

Band cannot be restored. The United States has never 

formally recognized the Band as that term is understood 

in Indian law; nor has the federal government committed 

a:1y act which might properly be construed as extending 

recognition. 
17 

While there have been some contacts with the Jena, 

none of them rise to the level necessary to demonstrate 

the establishment of a formal government-to-government 

relationship between the United States and the Band. 

Although individuals within the Band may have been 

previously identified as Choctaw Indians, such identification did not constitute previous recognition of the Jena 

as a whole as a tribal entity. Examination of the records 

provided by the Jena show a consistent pattern of the 

federal government dealing with individual members of 

the group because of their status as Indians qua Indians, 

and not because of their status as members of a recognized tribe. 

For example, funds provided regarding the Jena school 

were clearly provided to individuals because of they were 
18 

Indians, and not because they were members of the 

Jena Band of Choctaws. The children attending the 

school at Jena were given funds simply as Indians, not 

because they were members of a specific tribe. While 

the five or six families may have formed an identifiable 

community of Indians, there was no recognition of the 

group as a distinct tribal entity. It should be noted that 

government policy at this time was that the "Federal 

Government has an obligation to all people of at least 

one-fourth Indian blood who have a diminished social, 

health, or educational service in the communities in 

which they are living as a result of the fact that they are 

Indians." Memorandum from Carson Ryan, Director of 

Indian Education, Office of Indian Affairs {1934). The 

"group at Jenau is specifically mentioned in this memo. 
19 

Similarly, identification of individual members of specific 

families as Mississippi Choctaw Indians by the Dawes 

Commission for purposes of receiving land allotments in 

1903 was based on their being Choctaw Indians, not on 

their being members of a specific band. 

Finally, offers to move certain Choctaw Indians to a 

reservation occupied by other Choctaws in another state 

do not constitute recognition of the former as a tribe. 

Indeed, a more valid extrapolation form the transfer offer 

is that the Indians living around Jena were members of 

the Mississippi Choctaw tribe, which is now a federally 

recognized entity, and not members of a separate group. 

In a letter on the transfer, the Superintendent of the BIA 

based the move on the fact that the Jena group "are 

Choctaw and speak the language." Given these facts, 
20 

If the process is so bad, however, we should either junk 

it or, as the gentleman from American Samoa has urged 

in a bill he recently introduced, fix it. If the process is so 

horrendous that the Lumbee and the Jena shouldn't 

have to go through it, then I would like to ask the Chairman why any of the 1 01 petitioning groups should have 

to do so? 

This Subcommittee must decide if it will continue to 

support the utilization of an equitable and standardized 

method of determining which Indian groups should be 

recognized by the federal government, or if it will return 

us to the pre-1978 days of piecemeal and arbitrary recognition through individual bills such as H.R. 2366. 

While it is clearly within our power to recognize Indian 

tribes, we have tried our hand at it before. Because we 
21 

one could easily argue that perhaps the Jena Band 

should be properly "subsumed" by the Mississippi group. 

In fact, Section 2 of the bill declares that "each family of 

the Jena Choctaw Tribe [in 1902] was identified as fullblooded Mississippi Choctaw, an Indian tribe recognized 

by the Federal Government .... " 

I am unlikely to support passage of HR 2366 because it 

would bypass the FAP through which all other nonrecognized groups must pass in seeking recognition, and is 

thus unfair to all other Indian tribes. I am sure that we 

will hear all of the usual complaints about the FAP today, 

but the Jena are hardly in a position to complain about 

the process. They have still not responded to a second 

letter of obvious deficiency sent to them by the BIA on 

October 1, 1987. 
22 

did it so badly and so politically, however, leaders from 

both parties on this Committee and from throughout 

Indian country insisted on a better way -- the administrative FAP process of the BIA. Passage of H. R. 2366 is 

contrary to the recommendations of the American Indian 

Policy Review Commission, and is opposed by the Department of the Interior and a majority of tribes. It can 

only serve to undermine further an already beleaguered 

recognition process, to encourage other groups to circumvent that process, and to place recognition in an 

arena where emotional arguments, influential sponsors, 

and the partisan nature of Congress replace merit and 

fact. 
23 

Mr. RICHARDSON. The Chair recognizes the distinguished author 

of this bill, our good friend, Mr. Baker, who has been very concerned about Native American affairs on this issue and many others. 

The Chair recognizes the gentleman. 

STATEMENT OF HON. RICHARD H. BAKER 

Mr. BAKER. Thank you, Mr. Chairman. I really appreciate your 

courtesy in moving in such a timely manner in granting the hearing on this important bill and do appreciate your courtesies extended in past sessions on the same subject matter. 

There is no doubt that the circumstances surrounding the Jena 

Tribe of Louisiana are, indeed, unique. Having initiated efforts to 

formally seek recognition since the 1850s and continually since 

that time until the present day, it has been an extraordinary set 

of events which have led to the failure of the Government to fully 

implement and totally, officially, recognize the Jena Tribe as a historically recognized Indian community. 

There will be, I think, clear and convincing argument made 

today for the members who have concerns as to the extreme distance to which the Tribe traveled, and the extraordinary efforts 

made on their behalf to comply with all historic rules and processes. 

The current BIA process really seeks to create a recognition process for new Tribes. And in this instance, I think Mr. Thomas' comments are accurate. This is really a matter of restoration, not a 

matter of recognition. 

We will have two very well-informed witnesses who will fill in 

the historical gaps in the record for those who need to hear it. And 

I would certainly hope the committee would look favorably upon 

this recognition request and pass the bill out to full committee 

where, again, we will explain the matter. And I look forward to 

passing it through the House and ultimately through the process. This is not simply a newly formed effort created in the last 2 or 

3 years, but it is a process which has been engaged in well over 

100 years. That, in itself, I think, makes this request stand above 

and somewhat differ from those who have recently come to the 

Congress seeking Federal benefits. 

I thank the Chairman, again, for his courtesies and look forward 

to working with those Members of the committee who should have 

questions. [Prepared statement of Mr. Baker follows:] 
24 

REMARKS OF 

CONGRESSMAN RICHARD BAKER 

House Committee on Natural Resources, 

Subcommittee on Native American Affairs 

Confrrmation of Federal Recognition 

For the Jena Band of Choctaw 

July 22, 1993 

Mr. Chairman, first of all let me say that I applaud your efforts to 

give this bill a timely hearing. As the sponsor of H.R. 2366, I am a 

strong supporter of a favorable confirmation of the federal relationship 

with the Jena Band of Choctaw. H.R. 2366 has the same objective as a 

bill which passed last year in the House by voice vote. This bill has the 

effect of placing the Jena Band on equal footing with the rest of the 

federally recognized tribes in the country. The Jena Band of Choctaw has 

waited a very long time for resolution of this important relationship, and I 

believe now is the time. 

The Jena Band of Choctaw began their journey for federal 

recognition ninety years ago when the J ena Band marched nine long 

months from their home in Louisiana to Muskogee, Oklahoma to testify 
25 

before the Dawes Commission. It is my hope that we can finally resolve 

this matter in the coming months for this small group of 152 members 

from central Louisiana. Their small size has been a disadvantage to the 

band in the sense that it has led to years of federal neglect. However, 

their efforts to maintain this authenticity is a source of strength because it 

has given them continuity of bloodlines and membership, a strong unity 

and adherance to heritage, history, and tradition. 

Ninety years ago, the Dawes Commission identified the Jena 

members as full-blooded Mississippi Choctaw Indians entitled to land and 

services. But no land or benefits were given to them and they returned to 

Louisiana in March 1903. Upon their arrival home, the Jena Band 

received a letter stating that they could claim the land and benefits to 

which they were entitled, but only if they were to return to Oklahoma by 

August-- only four and one-half months later. The trip, of course was 

impossible to make in such a short time and was never made. During the 

1930s, the Jena Band received educational benefits through the Bureau of 

Indian Affairs. Later, in 1938, the BIA offered the Jena reservation lands 

in Mississippi -- a strong, clear and unambiguous confirmation of the 

tribe's status as a recognized Indian Tribe. 

The Jena Band has repeatedly sought to have their federal 

recognition restored. The BIA has insisted the tribe go through the 
26 

standard acknowledgement process which is the means by which new 

tribes are recognized. However, this procedure does not apply to the 

Jena Band because they were previously recognized and the BIA's 

acknowledgement process does not include standards for determining 

whether a tribe was previously recognized. Nevertheless, the Jena Band 

has the support of a near unanimity among experts, Indian tribes, the 

State of Louisiana, and many others, all of whom believe that the Jena 

Band should be properly recognized. 

Throughout this process, the Jena have struggled, in the face of 

poverty and other difficulties to maintain very strong bloodlines and a 

continuity in their traditions. At times when others would certainly have 

lost hope, they never have lost faith in the justice this county would 

eventually show them. These are deserving people with a reasonable 

request. I believe we have an obligation to act. I wholeheartedly support 

restoring the Jena Band of Choctaw's federal recognition. 
27 

Mr. RICHARDSON. I thank the gentleman. 

PANEL CONSISTING OF HON. JERRY D. JACKSON, CHIEF, JENA 

BAND OF CHOCTAW, LOUISIANA; AND DIANA S. WILLIAMSON, 

EXECUTIVE DIRECTOR, THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS, BATON ROUGE, LA 

Mr. RICHARDSON. The Chair recognizes the Hon. Jerry Jackson, 

Chief of the Jena Band of Choctaw, Louisiana; and Mrs. Diana S. 

Williamson, Executive Director of The Governor's Office of Indian 

Affairs in Baton Rouge. Chief Jackson, welcome. Mrs. Williamson, welcome to the subcommittee. We have an informal attitude in terms of questioning. 

We like to question our witnesses. In order to do that, we ask that 

your opening statement be limited to five minutes. Your full statement will be made a part of the record. And if you see those little 

lights in front of you, don't despair, but try to honor them. The 

green means keep talking; the yellow means wrap up; the red 

means basically, we are close to the five minutes. 

So thank you again for coming. We know this is a very important 

issue to you. We know that the Congress has acted before, and we 

are responding to the gentleman and our subcommittee's request to 

move expeditiously. We are going to try to do that. 

So Chief Jackson, welcome. And please proceed. 

STATEMENT OF HON. JERRY D. JACKSON 

Mr. JACKSON. Thank you, Mr. Chairman. 

I am going to submit my testimony, so I would just make my 

comments very brief. 

The Mississippi Band of Choctaw, which is a key in our case, by 

council resolution, stated that the Jena Band was once part of the 

original Choctaw Nation. 

Along about 1850, during the time of Choctaw removal, five families settled in J en a, Louisiana, which is about 50 miles west of 

Natchez, Mississippi. These five families did not want to continue 

on to Oklahoma for lands, and they were doing rather well there 

in the Jena area. 

In the early 1900s, they heard that the Government was taking 

testimonies; and if you were declared to be full-blood Choctaw, you 

were eligible for land allotments in the Oklahoma Territory. So in 1902, the whole Tribe walked 600 miles up to Muskogee, Oklahoma, to give testimony before the Dawes Commission. After 

pretty intensive investigation by the Dawes Commission, every one 

of the families were identified to be full-blood, Mississippi Choctaw, 

eligible for land allotments and services. 

What the Tribe did not understand at that time was that the 

land was not ready to be given out, nor the services. So they stayed 

up there 2 or 3 months; and they decided, we will go back home. 

So they walked back to Louisiana. 

The following year, when they got back to Louisiana, there was 

a letter waiting from the Chairman of the Dawes Commission, 

Tams Bixby, who said, you have qualified, we have identified you 

as being eligible, come on back; but they would not make the trip 

back there to claim it. So what happens, we just kind of get neglected at that point. 
28 

In the 1930s, there are two things that are important in our 

case. One, the Bureau of Indian Affairs was funding three schools 

for three different Indian Tribes in the State of Louisiana. 

Out of that, the Chitimacha, the Coushatta and the Jena Band, 

we are the only ones that are not receiving any services today. 

In 1938, the Bureau decided to close the school down. They came 

up with a plan to move the whole Tribe to Mississippi to new Federal lands that they had purchased for the Choctaw people in Mississippi. 

We, at the time, decided that we would go. 

Then, I don't know what the Bureau decided. They left us alone. 

They did not move us over there. So again, we think, with this decision from the Bureau, from then Assistant Secretary of the Interior, William Zimmerman, to move us to reservation lands that we 

were administratively recognized at that point. But because of lack 

of education on our part, we did not pursue it. 

So we were caught in Louisiana without any benefits, without 

any services, without any identity as being Choctaw Indian. We 

began actively working toward recognition along about 1982. 

In the process, we had a consultant by the name of John 

Shapard who was then recently retired as Branch Chief of the Acknowledgment Branch. He came to Jena, Louisiana, he reviewed 

our documents, pointed out to us that we, in his opinion, had been 

recognized twice in our history and just forgotten. 

So then we decided that, well, we would go through Congress to 

try to get justice for our case. And, of course, you know the legislative history. 

We are now on active consideration over at the Acknowledgment 

Branch. The problem with that, in my opinion, for the Tribe is, in 

review of their past performance with Tribes, we were too concerned that a gap of any size could give us a negative determination over there at Acknowledgment. And with that, you are pretty 

well out of the system. And one of the options that we have is going 

through the acknowledgment process. But being stamped a loser 

over there is very important to our case. 

We know that in the past they have turned down Tribes for 

maybe a 10-year gap in their history. Tribes like mine who could 

not read and write until the 1950s are going to have gaps in their 

history. But our argument is that, on the basis of the Dawes Commission rules of 1903, all the Jena Choctaw were identified as 

being Mississippi Choctaw; and, therefore, all the group today, 

which is 152 people, are direct descendents of that group. 

The tie-in is that the Dawes Commission records of that date 

were used for the tribal role for the Oklahoma Choctaw and the 

Mississippi Choctaw. Therefore, there is not one ounce of difference 

between the Jena Choctaw, the Oklahoma Choctaw, and the Mississippi Choctaw. 

So, therefore, we feel that we have been served an injustice by 

the Government; and we come before you today for support of this 

bill to correct this. 

That concludes my statement. 

Mr. RICHARDSON. Thank you very much, Chief. 

[Prepared statement of Mr. Jackson follows:] 
29 

Jena Band of Choctaw· 

H.R. 2366 
30 

MR. CHAIRMAN: 

MEMBERS OF THE COMMITTEE: 

My name is Jerry Jackson. I have served four terms as 

Tribal Chief of the Jena Band of Choctaw. I am before 

you today to ask for your support of House Bill 2366 , 

which calls for the " CONFIRMATION " of our federal status. 

The Mississippi Choctaw Tribal Council by resolution 

have confirmed that the Jena Band was once part of the 

original Choctaw Nation. 

The five families that made up the Jena Band were forced 

into north-central Louisiana around 1850, during the 

turbulent Choctaw Removal Period. Once in Louisiana , 

separated from Choctaw Tribal authority, an independent 

tribal government was established. Although it has 

adapted to changing times, it still functions today. 

In 1902 , Tribal Chief, Willis Jackson, my great-grandfather, led the entire Tribe to Muskogee, Oklahoma in an 

effort to apply for Indian lands and benefits. It took 

9 months to walk the 600 miles from Jena, Louisiana to Muskogee, Oklahoma. Having no money, they had to work 

their way there and back again. Several died during this 

attempt to gain recognition. After their testimony, 

each family was identified as full-blood Mississippi 

Choctaw, entitled to land allotments and other services 

from the Bureau of Indian Affairs. 

AND IN FACT , their names were listed on the first list 

that was prepared of Choctaw Indians after the Removal 

Period. This listing of recognized Choctaw was carried out as per instruction of Congress, and under provisions 

of the Dawes Act of 1867. 

On returning home in 1903, letters were awaiting them 

from Dawes Commission Chairman Tams Bixby, instructing 

the families to return to Oklahoma, to claim their land 

allotments. But, the time frame for the this return trip 

was an impossibility, considering the hardships of the 

previous year's trip. Since there was no follow-up by the 

Dawes Commission nor any other governmental agency, my 

Tribe fell through the cracks of governmental bureaucracy. 
31 

Page 2 

IN LOUISIANA DURING THE 1930'S , there were three Indian 

schools funded by the Bureau of Indian Affairs. Of the 

three Tribes in Louisiana, who were funded at that time 

by the Bureau ( Chitimacha, Coushatta and the Jena Band we remain the only one not receiving services from the 

Bureau today. 

IN 1938 , a plan was developed to move the Jena Band to new lands being purchased for all Choctaw people in the 

Pearl River area of Mississippi. After passage of the 

Wheeler-Howard Act or the so-called Indian Reorganization 

Act of June 18, 1934, the general feeling of the day was that Indians, who held a land base, would be recognized or serviced by the Bureau of Indian Affairs. And in-asmuch as my Tribe was landless, the 1937--1938 relocation 

plan was intended to solve our landless status. 

Chris Jackson, our Tribal Chief and my grandfather, agreed 

to this plan of relocation. Although no tribal documents 

exist to show the Tribe's position, due to the fact that no one could read nor write, governmental records indicate 

that negotiations were conducted between the Tribe and 

B.I.A. Officials. These B.I.A. documents clearly show 

that the Bureau of Lands, the Superintendent of the Choctaw 

Agency in Mississippi and ether Departmental Officials 

agreed to this plan. 

ON.JULY 11, 1938 then Assistant Commissioner of Interior, 

William Zimmeraman authorized the removal of the Jena 

Choctaw to new lands in Mississippi. By his letter, my 

Tribe was ADMINISTRATIVELY RECOGNIZED by the United States 

Government. Letters similiar to Jena's letter have been 

used by at least four other groups to substantiate their 

claim to federal status. 

Shortly after Assistant commissioner Zimmerman's letter, 

there was a change in personnel at the B.I.A. Area Office 

in Philadelphia, Mississippi. The needs of the Choctaw 

in Mississippi over-shadowed the needs of the Choctaw in 

Louisiana, therefore our move to Mississippi never took 

place. 
32 

Page 3 

ON APRIL 25, 196B , in response to my request for educational benefits from the Mississippi Band of Choctaw, Mr. James 

D. Hale, then Superintendent, B.I.A. Choctaw Office located 

in Philadelphia, Mississippi, responded by letter stating 

the following: 

• We are happy to inform you that ve have been able 

to establish that you are 4/4 Degree Indian Blood 

through the enrollment of your parents, Chris Jackson 

and Alice Williams, on our June 8, 1903, Mississippi 

Choctaw Rolls. • 

Another clear statement, from a B.I.A. official, expressing 

the validity of our case. 

During the 1970's , the Tribe received funding from the 

Department of Housing and Urban Development for the purchase 

of 2 acres of land and the construction of a Tribal Center 

and office complex. Also, we began receiving Indian educational funding, which continues today. 

IN 1982 , the Jena Band participated in funding provided by 

the Administration for Native Americans, which was administered for us by the Mississippi Band of Choctaw. This led 

to direct funding in 1984. Since going on our own, we have 

used funding to conduct administrative training of Tribal 

st~ff, preparation of a 5 year economic development plan, a 

Tribal needs assessment and the development of a Tribal 

Constitution. 

TODAY , the Jena Band consists of 152 members. Each one is 

directly descended from the original five families listed on 

the original Dawes' Commission Rolls. 

72% of the Tribe's current membership live within 50 miles 

of the original settlement site. Nearly ~ of the-present 

members possess 1/2 OR MORE CHOCTAW BLOOD QUANTUM . High 

blood degrees such as that demonstrated and documented by my 

Tribe clearly provides exceptional evidence of a close, ongoing, distinct, Indian community. Also, the Jena Band can 

document and identify traditional leaders by name from 1850 

to 1968 and elected leaders from 1974 to the present, clearly 

showing continuity of political influence. 
33 

Page 4 

The Jena Band has retained our own distinct dialect of the 

Choctaw language on a continuous basis since historic times, 

thus providing supporting evidence that the Jena Band has 

maintained itself as a separate and distinct historic band 

of Choctaw. 

Finally, the Jena Band of Choctaw is one of the few groups 

seeking federal status that have satisfied the toughest 

critics of all, other nearby Federal Tribes. Our recognition 

efforts are supported by all the federally recognized Tribes 

in Louisiana and by the Mississippi Band of Choctaw. 

MR. CHAIRMAN , I would like to request that this Committee 

rule favorably on House Bill 2366 and correct a long standing 

injustice to my Tribe. 

MR. CHAIRMAN , that concludes my statement. 

Tribal Chief 

Jena Band of Choctaw 
Paths taken by 

Choctaw Indians 

through Lou;~; 

d . -ana 

unngtheir 

re~ocation from 

MISSissippi to 

Oklahoma in 

1850 

34 
35 

STATEMENT OF JOHN "BUD" SHAPARD, RESEARCH CONSULTANT TO 

THE JENA BAND OF CHOCTAW INDIANS OF LOUISIANA AND FORMER 

CHIEF OF THE BRANCH OF ACKNOWLEDGEMENT AND RESEARCH 

JULY 22, 1993 

Thank you Mr. Chairman for the opportunity to comment on 

H.B. 2366. This bill, if enacted will correct an injustice 

done to the Jena Choctaw Indians by the United States 

Government. What the Jena people seek is legislation to 

confirm the Tribe's status as a federally recognized 

Indian Tribe. 

During the past several years I have researched the Jena 

case and more importantly visited their community. I have 

seen first hand both their documented history and how they 

actually live today. I would like to share with you several 

key points, that in my opinion clearly indicates justification 

for passage of this important legislation. 

1. Each member of the Jena Band shares direct lineage 

from Dawes' Commission enrollees 

2. Jena membership possess unusually high degrees of 

Choctaw blood quantum. 

3. The vast majority of the present day membership 

resides in close proximity to each other. 

4. Tribal leadership continues to exert strong political 

influence over it's community membership 

5. Tribal members retain their own native Choctaw 

language. 

Mr. Chairman, I have worked with both recognized and unrecognized Indian Tribes for over 30 years. In both my professional 

and personal opinion, there is no American Indian Tribe more 

deserving of federal recognition than the Jena Band of Choctaw 

of Louisiana. 

This concludes my remarks: 
36 

Mr. RICHARDSON. Mrs. Williamson, welcome to this committee, 

and please proceed. 

STATEMENT OF DIANA S. WILLIAMSON 

Mrs. WILLIAMSON. I am here on behalf of the State of Louisiana. 

I have been Executive Director in The Governor's Office of Indian 

Affairs for nine years; and I have been personally involved in some 

of the research for this Tribe. 

More important, I am here to state on behalf of the Governor and 

the State that consistently the State of Louisiana has supported 

this effort. It has not been a rubber-stamped effort. We have been 

approached by other State-recognized Tribes for endorsement and 

have elected not to. The Jena Band of Choctaw has had the support 

of both Governor Edwards and Governor Roemer and now Governor Edwards again. The State legislature has reviewed the case. 

The Attorney General has no opposition to it. 

Another important fact is the case was presented to all three federally recognized Tribes within the State of Louisiana and all three 

have passed tribal council resolutions in support of this effort, in 

contrast to other Tribes who have again tried to come before Congress where our Tribes have taken a position of opposition. 

Although we are not known as an Indian State, we take our Indian affairs seriously; and we have worked very closely with them. 

Jena has provided all of the documents to us. 

What made me interested in the case was it wasn't the Tribe's 

claims. Interior records determined the blood line for the Tribe; and 

it was Interior's effort to relocate a group of Indians to a reservation which demonstrated the tribal status. 

Prior to Mr. Shapard, the Acknowledgment chief was coming and 

telling us the case was different; they had prepared a petition and 

had sought the same method that Mr. Thomas suggested. It was 

Mr. Shapard that indicated they were already recognized, and that 

the Acknowledgment Branch and the petition process was for new 

Tribes only, and it was inappropriate for them to go through that 

method. 

We came here in 1989 and met with Mr. Mineta of the Senate 

Select Committee who indicated that restoration was for Tribes 

that were terminated. To answer your question earlier, and your 

comment: That is where it got caught in the cracks. Well, this is 

a previously recognized Tribe, and basically they were never 

derecognized and were forgotten. 

They were five families in Jena, Louisiana, which is the middle 

of nowhere in the United States; and they just got overlooked. 

In the Chiefs testimony, he indicated why they weren't removed 

to Mississippi. They were offered land in the Pearl River Reynolds 

lumber track specifically, and the man who was to make that happen was A. C. Hector who was superintendent of the Bureau in Mississippi at that time. He was going to do it. 

William Stewart of the lands division in Washington approved 

the move, and they were about to do it, and A.C. Hector left. I 

found these archives records. He left for illnesses. 

A new man, L.M. Page, came into the picture as superintendent; 

and he was contacted by Interior about why he hadn't completed 

this move since the Tribe had consented. And he said in a letter 
37 

that he was going to get all the Mississippi Choctaw in place first 

since he represented Mississippi. 

He then left and a new man, Fickenger, came on. By then, they had forgotten the Jena Choctaw again. Again, it was only five families. It really wasn't that important in the scheme of Indian affairs. 

And that is where the Federal neglect comes in. 

The other thing that I find compelling is, we often hear, well, so, 

they got services. A lot of nonrecognized groups got services. Once a~ain, archives records show that, as a result of the Indian Reorgamzation Act, Federal officials came to Louisiana to look at five Indian groups during the 1930s. Only three became eligible for services. Two of those are federally recognized today. My Tribe, the 

Chitimacha and the Coushattas. Two other Tribes were denied 

services. 

So repeatedly, the Federal Government, I have to say, did a good 

job keeping track of who is eligible and who qualified; and they 

deemed Jena eligible with two other federally recognized Tribes. 

That concludes my remarks. 

[Prepared statement of Mrs. Williamson follows:] 
38 

STATEOFLOIIIS1.4.NA 

govenwr's Cmn:missitm on Indian 9('jfairl 

ECWINW. EOWNIOS 

GOVERNOR 

DIANA S. WII.LIAMSON 

EXECUTM: DIRI!CTOR 

Tes. tim:ony of D. iana .s. Williamson, Executi1e Director of The Governor's Office of Indian Affair of the 

State· of Louisiana, to the SubcoiDllli ttee o Nat.i ve American Affairs regarding H.R. 2366, a b 11 to 

confirm the Federal r!i)lationship with the Jena Band 

of Choctaw Indians of Louisiana. 

As the Executive Director of the Governor 

Indian Affairs of the state of Louisiana I wan support· and endorsement of H.R. 2366. Because 

tribe's cooperation and willingness to present 

docwnentation requested·. to substantiate their . previous· federal recogn1·t1on I am able to stat case has been one of federal neglect and overs Unfortunately, due to ianguage :barriers, illit 

isolation, throughout. the nineteenth and twent 

centuries, tribal leaders of this small Indian 

incapable of dealing with a non Indian federal 

a Office of 

to offer my 

of the 

any and all 

laims of 

that their 

ght. 

racy an<i 

eth · band were bureaucracy • . National Archives records provide evidenc triba~/fe<;ler&l relationship. A review of the ~olls of 1990,· supported by certified Davee Co 

reCOJ:'dS reflect that 90% Of the lllelllb!!rS Of tha 

full blood Choctaw. Tracking their ancestry t 

tribal rolls reveal that even present day memb 

minimum blood quantum of one fourth) reflects 

the Jena Band of Choctaw are one-half or more Indiana. 

of a repeated 

Finally·, this triba·l band •.s e!'torts to co recognition have garnered the support of all s elected officials since 1986 when they began t 

assistance of Congress. Since that time, ther 

opposition from any source within this state. 

the Jena Band of Choctaw have received endorse 

tribal councils of the three federally recogni within our state. Even more importantly, they 

receive recognition and support from the Missi 

(their ancestral tribe prior to the Treaty of 

creek), · · 

In closing, I want to express my apprecia 

consideration of this bill and urge you not to 

passage in order that these people may once ag 

rights and privileges of this country's Native 

'AN EQUAL OI'IIORTVNITV IIMI't.OYEA' 

embership 

iss ion 

time were today•e 

rship (with a hat 60% ot hoctaw 

firm federal. 

atewid!! 

aeek the 

has been no In addition, 

ents from the 

ed tribes 

continue to 

sippi Choctaw 

ancing Rabbit 

ion for your 

delay in its 

in enjoy the 

Americans. 

P.O. aoic 44072 • BATON AOVGE, I.O<.ilSIANA ~2 

TOTFL P.02 
39 

Mr. RICHARDSON. The Chair recognizes the gentleman from Wyoming. 

Mr. THOMAS. Thank you, Mr. Chairman. 

I certainly thank you for your testimony and thank you for your 

efforts in corning. If I understand it correctly, for instance, our Wyoming tribes of-I think it is the Shoshones, maybe it is the 

Arapahos, one or the other-determined who then is eligible for 

membership in terms of their blood and background and so on. 

You could be eligible to be at Choctaw now, could you not? Mississippi Choctaw? 

Mr. JACKSON. No. We were approached several years ago to 

merge with the Mississippi Band of Choctaw. 

Chief Martin called me and said that they would like to purchase 

500 acres in the Jena area for reservation blah, blah, blah. 

But I think what happened, BIA did not allow them to take land 

across State borders or something. I think we are definitely related 

to the Mississippi Band. We have been away from them for over 

100 years, and we have pretty well run our own affairs since then. 

It would be hard to merge. 

Mr. THOMAS. How do you run affairs with a Tribe of 150? What 

kind of affairs? You don't have a reservation. 

Mr. JACKSON. We don't have a reservation. 

Mr. THOMAS. You don't have health care; you don't have police 

protection. What do you do as a Tribe? 

Mr. JACKSON. Well, I tell you, when you got a bunch of basically 

poor people, there are always things that have to be done. We intervene with substance abuse cases, child molestation cases. We 

handle funerals. We help write grants for kids to go to college. We 

are involved in identifying what services are available from the 

State, parish, city, whatever, in helping put that person with those 

services. 

Mr. THOMAS. Sure. 

Mr. JACKSON. Because most of our group is uneducated and will 

not, on their own, go forward for those services. 

Mrs. WILLIAMSON. I want to add, when Chief Martin made the 

offer of membership to them with 500 acres in Louisiana, as the 

director of Indian Affairs I had a problem with that, with the Mississippi Choctaw of Mississippi holding lands and trusts in the 

State of Louisiana. I thought that created a real kettle of worms. 

When he had an anonymous group from 1854, that they acted as 

a Tribe separate. 

Mr. THOMAS. What are you going to do for lands and trusts and 

this arrangement? 

Mrs. WILLIAMSON. They have agreed to comply with all Federal 

standards. They have three acres in Jena right now. And if they 

want to expand, they are going to have to buy some and meet all 

the criteria for acquisition of land. 

Mr. THOMAS. Who is going to pay for that? 

Mr. JACKSON. Well, I wish Congress would. 

Mr. THOMAS. That is what I had a hunch that you--

Mr. JACKSON. But we don't. We don't have anything in this bill, 

back to the membership question. 

Mr. THOMAS. I understand. I don't mean to be critical. Let's say 

this happens. Then what is the responsibility of the Congress? Is 
40 

it then up to the Congress to spend a bunch of dough and fix up another reservation and set up health care and set up a specific thing for 150 people? 

Mr. JACKSON. Well health care and all comes directly from the 

Bureau of Indian Affairs. 

Mr. THOMAS. You get that now. 

Mr. JACKSON. No. We would get all those services once we are 

federally recognized. It would not cost Congress one extra penny 

than is appropriated over there right now. It is not going to have 

any effect whatsoever on BIA's budget. 

Mr. THOMAS. I don't agree with you. The money has to come from 

somewhere, and these other folks are not willing to take less. Well, 

atanyrateMr. JACKSON. What I am saying is, okay, in my mind, we are 

and have been federally recognized for 150 years. Why haven't we 

been receiving those services? See? 

We have already told the State of Louisiana we have no land 

claim against the State of Louisiana; we are not from there. So we 

have to start our own. We have to look for economic development, and we have to go. That is our responsibility. 

This bill is not about that. This bill is about whether we are or 

are not a federally recognized group. 

Mr. THOMAS. I understand. And I appreciate that. 

Mr. JACKSON. It is very important to us personally. 

Mr. THOMAS. I understand that. And I sympathize with it. I 

guess my only concern and my only thought process will have to 

be on how best to do that, whether it is this kind of a bill or the 

other process. Thank you very much. 

Mr. RICHARDSON. The Chair recognizes the gentleman from Louisiana. 

Mr. BAKER. I thank the Chairman. Let me ask the Executive Director of our State Bureau, with regard to Federal benefits to tribal 

members today, since two other recognized Tribes have indicated 

they have no opposition to the matter--

Mrs. WILLIAMSON. Three. 

Mr. BAKER. Three. And the fact that benefits which may flow as 

a result of national recognition are subject to budget limits, whatever dollars are made available to the Louisiana Bureau of Indian 

Affairs Management Operation, that figure is not what we would 

describe in Federal terms as an entitlement. 

There are a limited number of dollars to meet whatever the number of people's needs are in that respective State. 

Mrs. WILLIAMSON. The monies only go to on-reservation Indians. 

I am half Chitimacha, but I reside in Baton Rouge; and I am not 

eligible for any assistance. 

Mr. BAKER. Correct. But my real point is with re~ard to Mr. 

Thomas' concern with regard to total budget made avrolable to the 

State of Louisiana for the extension of benefits to properly recognized Members of an Indian Tribe. 

Mrs. WILLIAMSON. Okay. 

Mr. BAKER. If we had ten such Tribes recognized as a result of 

this legislation, the total amount of dollars being made available to 

your office would not be increased accordingly. 
41 

Mrs. WILLIAMSON. No dollars were made available to the State 

of Louisiana anyway. States don't generally participate in the Bureau's funding. The Tribes apply directly. 

Mr. BAKER. So that, in response to Mr. Thomas' concern, it is not 

an entitlement in a social security sense; it is a programmatic appropriation. And the number of recipients of those respective services, then, equally divides whatever dollars may be made available 

for that purpose. 

Mrs. WILLIAMSON. Correct. 

Mr. BAKER. I think the concern Mr. Thomas had was that by recognizing 150 or so new individuals that we were increasing the 

Government's responsibility for care and expenditure by a pro rata 

number of individuals. And that clearly is not the case. 

Mrs. WILLIAMSON. Correct. 

Mr. BAKER. I just wanted to clear that up. Thank you. 

Mr. RICHARDSON. I thank the gentleman. 

Let me just ask a couple of questions. And then I am going to 

tum the hearing over to the gentleman from American Samoa 

briefly while I go to the Floor for an urgent matter, on which Mr. 

Thomas is doing the same. 

Chief, how many full bloods or half bloods in your Tribe? Do you 

have that information for the record? 

Mr. JACKSON. I don't have the exact total with me. 

Mrs. WILLIAMSON. Sixty percent are half or more. 

Mr. RICHARDSON. Okay. 

Mrs. WILLIAMSON. They stop at a quarter. 

Mr. RICHARDSON. Mrs. Williamson, you fully support this bill, 

and you have no doubt that this is an Indian Tribe? 

Mrs. WILLIAMSON. Absolutely. 

Mr. RICHARDSON. Recognition that you gave as a State was in 

what year? 

Mrs. WILLIAMSON. I gave it in committee last year, in this committee; and then in 1989 we did it again. 

We wrote a letter on behalf of the Governor in 1986. We passed 

legislation in 1986 before the State legislature. It has been ongoing. 

Mr. RICHARDSON. The State does provide some services to the 

Tribe? 

Mrs. WILLIAMSON. As of this year, absolutely no more. We have 

renegotiated our position. We are now sovereign-to-sovereign with 

our three Federal Tribes negotiating compacts on revenue, gaming. 

I am a one-person office after this last session. We are now the 

Office of Indian Affairs who enters into compacts with federally 

recognized Tribes. 

Mr. RICHARDSON. Now, again, Mrs. Williamson, the Tribe is located in, as I understand it, a very economically weak parish, correct? 

Mrs. WILLIAMSON. Correct. 

Mr. RICHARDSON. Is it your view that the economic development 

of the tri-county area-l understand there are three parishes affected-would improve the economy of the area? 

Mrs. WILLIAMSON. Yes. Over the past few years, in hopes of Federal recognition, we have met with different companies about possible economic development. 
42 

My experience is with grant writing and programs. I have always 

advised Chief Jackson that his numbers were so small that to get 

Federal grants the administrative costs would always outweigh the 

services and he was going to have a hard time being eligible for 

Federal dollars, that independent economic development would be 

a better source of income from the Tribe than programs. 

Mr. RICHARDSON. For Indians and non-Indians, too? 

Mrs. WILLIAMSON. Yes. 

Mr. RICHARDSON. Is there Indian gaming in Louisiana now? 

Mrs. WILLIAMSON. High stakes bingo. And we have gaming in 

three compacts with the Tunica, the Coushatta, and the 

Chitimacha. 

Mr. RICHARDSON. Axe there compacts for Class Three gaming? 

Mrs. WILLIAMSON. All three of those are Class Three. I am the 

Chairman of the Indian Gaming Commission. 

Mr. RICHARDSON. You are? 

Mrs. WILLIAMSON. Yes, in the State. 

Mr. RICHARDSON. That is handy. That is terrific. 

Chief or Mr. Chairman? Which is your proper title? 

Mr. JACKSON. The Indians of Louisiana kind of got misdirected 

in the 1970s; and they started calling themselves Tribal Chairmen. 

And they didn't know what that meant. Through a grant in working with ANA, we developed a constitution, and we identified our 

leadership the way it should have been in the past, as Tribal Chief. 

Mr. RICHARDSON. Chief, the bill limits membership to those born 

in Catahoula Parish as I understand? 

Mr. JACKSON. That is the ancestral-our members live in a 

three-parish area. 

Mr. RICHARDSON. You have no problem with accepting that limitation in the bill? 

Mr. JACKSON. Well, I am never satisfied. 

Mr. RICHARDSON. Right. 

Mr. JACKSON. But I have to face facts, that we have a small 

group, and that is where we are located. 

Mr. RICHARDSON. Now, you will have a reservation after the bill 

passes? 

Mr. JACKSON. I will have three acres, one acre being a graveyard. 

We have two acres where we bought with money from HUD. We 

established a community center and office complex. We only have 

a total of three acres. 

Mr. RICHARDSON. Now, you have a relationship with the Mississippi and Oklahoma Choctaws. They obviously are your relatives. 

Do they support this bill? 

Mr. JACKSON. We have a letter of support, a resolution from Mississippi Band of Choctaw. 

Mrs. WILLIAMSON. It is Mississippi, because that was their ancestral Tribe. 

Mr. RICHARDSON. Would you submit that for the record? 

Mr. JACKSON. Yes. 

[The information follows:] 
MISSISSIPPI BAND OF a-loa AW INDIANS 

!lr. Jerry Jackaon, Chaimdn J.na Bane! of Choctaws 

Peat Offic• 8"" 14 Jua LA 71342 

Iklar llr. Jackaoa: 

43 

TIU6Al OFFICE BUILDING 

P.O. BOX 6010 

PHitADEI.I'HlA, MISSISSIPPI 39350 

TELEPHONE (601) 656-5251 

tl&rch .5, 1990 

Enclo .. d pleaoo find ona ori11iaal of Tribal CQUDJ:il l!eoclution CliO 66• to, eu<lor&in& th& Jlllla i.;hcct..,.a' efforta toward reiaot1•t-t of f•<lenlly• 

recosn.b••d status. The raoolutiO<I appears rathar leu, l.hy; but we want&d to opell out ill 10111a detail for the uninfomecl the strona tiaa between you all and t),~ 1""'1'1" here, and uplain a little of the h;isto I'Y of the J.aa Choct&wa. 

Pluu lat H know of llllythJ..na further that w• n 1.1<1 to do fr011 here to U•iet you ancl t:h• J.no Choc'tewa !n r•e•ivina federal :OJ:vlc.••· 

Sincerel7, 

~~~-

PM: ab 
44 

MISSISSIPPI BAND OF CHOCTAW INIIANS 

RESOLUTION CHO 6·! •90 

A RESOLUTION TO SUPPORT THE MEMBERS OF TilE JENA BAND ••F CHOCTAWS IN TIIEIR EFFORT 

TO BE REINSTATED AS A FEDERALLY·RECOG:IZED TRIBE 

W'lll!I'UlAl!, ~:be Tribal couneil of 1:1\a l'!ississippi Band •t Cboe.uw Indians nas had. contacts with the members of the Jena Band of Choct •tws, Jena, Louisiana, for 

several years, and has no doubts that the m.mbers of said Band are de•cendenes 

c£ auuab•:r-s o£ the Mi:.ai:ssippi B4nd o£ Choctaw In:.iaa.a, posa6i!Usina Choc:tav· 

surnllllles and speaking the Choctaw language in the d: .s.lect of the Bope Chitto 

community in Nashoba and Kemper counties, Kis•i•sipp , and 

WHEREAS, the Jena Band of Choctaws is uel<ing a ninstatamant of federal 

recognition based on the faet that Jena Choetawa reo odved federal educational 

•uvicea throU~~:h the Choctaw A,:ency, Bureau of Indl•!n Affairs, PhUadalphis, 

Mississippi, and under Congressional appropriation i: the year• 1936 and 1937, 

baaed upon reeore!s obtdn.C from the Choetaw !Janey; a podtion identical to that 

ot a tribe whi~h obtain.C f.Cual reeoillition on that basis in 1974, the 

Couebatta Tribe of Louisiana, which, along with the Ch: :tillac.ha Tribe of Lollbiana 

and the Jana Choetaw•, was the recipient of such edu:ational appropriations in 

the 1930's, and 

WHEREAS, amana the evidence CO!Dpiled by the Jena Cho :taws are Dawe• COGIIIIisllion 

documents from 1902 establishin& pereon1,1 in Wall.e Pariah, Louisiana, u Mi11i11ippi Clloetaws (provid.O. that they UIIIQVe to tb 11 Indian Territory in that 

ellllle year), including one Willis Jackson (Ah·la•pin· :ubbee) who testified that 

he had been born in Scott County, Mississippi, and h.td 1110ved to Louisi&na with 

his father, liillia Johnson (E·la•palo-ubbee) fr0111 S·:ott County, and 

WHERAAS, in 1938, Choctaw Aaency Superintendant A.C. Hector suggested that the 

Jena (;ho~tews be re1110ved to the l?earl !liver renl":&tion in Neshoba County, 

Hisllissippi, but, thouah some families indicated agrument, none aaad.e the move, 

now therefore be it 

RESOLVED, that the Tribal Council of the Missia!dppi 1J, !nd of Choctaw Indians does 

hereby exprea• its support for the reinstatement of f :lderal recgpition for tho 

Jena Band of Choceaw•, and be i~ fur~her 

RESOLVED, that th111 Tribal Council does hereby author,ze the Chief to take such othe.r and further aotions ae may be appropriate t,a a; 1aiat tb.• J'~n4 Choctaws in 

their effort• to obtain reeognition. 

CERTIFICATION 

I, the undersigned, as Secz;eta:r:y·Treaaurer of the Miiuoissippi Band of Choctaw 

Indians. certify that the Tribal Council of said Band :ls composed of 16 mulben, 

of whom 16, constituting a quorum, were present at ; special ~eeting thereof, 

duly called, noticad, convened, and held this 20th (.:ty of February, 1990; and 

th&t the foregoing Reeolution was duly adopted by a v< >te of 16 .,...,ben in favor, o opposed, and 0 abstainina. 

Dated thi• 20th day of February, 1990. 
Reeolution CHO 66•90 

Paa• 2 

45 
46 

Mr. RICHARDSON. Oklahoma, also? 

Mr. JACKSON. No. 

Mr. RICHARDSON. OK. Will you be able to obtain land in the 

three parishes? 

Mr. JACKSON. Well, I mean, I don't know how right now; but we 

have to go into business. And we have to figure out how to get it. 

Mr. RICHARDSON. Well, let me say that I am now going to tum 

over the hearing to the gentleman from American Samoa. I believe 

that you have a good case, and I am going to support this bill. I 

have to discuss this issue with the Ranking Member, who works 

very closely with us and who obviously has some concerns, and the 

gentleman from Louisiana, who is a very valuable member of the 

subcommittee. I personally think the recognition process that exists 

right now at the BIA needs real revamping, revision, restructuring-whatever word you want to use. I am not pleased with it. 

The gentleman from American Samoa has a bill which we are 

going to be taking a look at that speeds up that process. Nonetheless, the Con ess has acted on this bill before; and I think we 

should again. tis my view. 

My good friend from Wyoming, we are going to have to discuss 

this. 

The Chair recognizes the gentleman from American Samoa. 

Mr. FALEOMAVAEGA. Mr. Chairman, thank you. 

I certainly first would like to commend the gentleman from Louisiana, Mr. Baker, for introducing this piece of legislation, which I 

think is most timely, and certainly for consideration by our committee, and the fact that this tribal organization in the State of 

Louisiana certainly needs to be given Federal recognition. 

So I am very pleased and happy with the bill that is now brought before the subcommittee for consideration. 

And I would like to say, Mr. Chairman, for the record, I absolutely support the provisions of this bill and what it stands for. 

So I commend the gentleman from Louisiana for bringing this to 

the attention of the committee. I just have one or two questions l 

would like to ask of Mr. Jackson and Mrs. Williamson, if you could 

help me out on this. 

Is there any account for those who are less than 50 percent members of the Jena Choctaw? 

Mr. JACKSON. Our constitution, as it stands today, you have to 

be one-quarter. And not only that, you are going to have to be of 

a lineal descendent from those persons that were identified on the 

Dawes Commission roll. 

Now, the reality is, with us, just like with every Tribe across 

America, we will probably have to lower our blood degrees; but we 

will never change the descendency. 

Mrs. WILLIAMSON. Let me add to that. Right now they are so 

pure blood, they can no longer inter-marry without it being incest. 

That is how closely related tht:)y all are. 

Mr. FALEOMAVAEGA. Mrs. Williamson, in the first place, I am 

very much disturbed by the fact that certainly it was not the Native Americans who decided on how this blood quantity item was 

going to be quantified. 

The fact that this was what the Congress passed, not only as a 

matter of policy, but it was made into Federal law, that in order 
47 

for a person to be considered an Indian that you have to be 50 percent or more, which to me is probably the most racist form of legislation I have ever heard in my life, what has happened over the 

years, they just simply carry this on. And now it is even affecting 

my own people in Samoa. 

Anyone in his right mind-can you imagine trying to tell them 

that you are 50 percent Jena Choctaw, but if you are 49.9 percent, 

you are not? I mean, is there any sane person in this world that 

would ever give such consideration just to sheer numbers? 

Supposing that this person marries another member of another 

Tribe. Does that make them any less Indian, other than the fact 

that you may be 40 percent Jena but you are an additional 20 percent Cheyenne? Does that make you less Indian? 

I mean, to me, this thing and its origin was racist to begin with. 

I want to ask you for your opinions. If the fact that putting blood 

quantity item as a criteria, do you consider this to be good policy 

as well as legislation to simply say, you are 50 percent Jena and, 

therefore, you are not a Jena, if you are 49.9 percent, if you were 

born and raised as a Jena? 

Mr. JACKSON. No. Because, I mean, we have been like a leaf 

being blown by the wind. The politics says keep your blood degrees 

the way they are. We have tried. to play the game the way it should 

be played, to approach other Tribes to show them the purity of our 

case. We have kept our numbers pure and our case very simple. We 

will have to lower blood degrees. 

I do not view a full blood different from one-eighth, in my mind, 

and qualifYing for services. And in my overview of plans for the future, I have to consider all. 

But we wanted to keep it high because we wanted to show the 

difference between Jena and all the rest, and there are a lot of differences between Jena and the rest. 

Mr. FALEOMAVAEGA. Just for my own edification, for what you 

consider to be Jena, how many members do you have right now? 

Mr. JACKSON. One hundred and fifty-two. 

Mr. FALEOMAVAEGA. If you add all the one-quarter, you are talking about a total what then? 

Mr. JACKSON. One hundred and seventy-eight. 

Mr. FALEOMAVAEGA. I thought maybe you had 10,000 or something like that. 

Mr. JACKSON. No. This is not going to have a big impact on the 

national budget. 

Mr. FALEOMAVAEGA. But nevertheless very important as far as I 

am concerned. 

And in terms of giving you this Federal recognition, how much 

trust land are you anticipating getting if we pass this? 

Mr. JACKSON. We are anticipating putting three acres we now 

own in trust. 

Mr. FALEOMAVAEGA. Three acres. How are 178 people going to 

live on three acres. 

Mr. JACKSON. We don't live on the three acres. One is a graveyard, and two of them is an office complex. 

Mr. FALEOMAVAEGA. Let me ask you, by way of tradition, if you 

were to go back in the essence of time, the Jena people, how many 
48 

acreage of land did you claim to be under the sovereignty of the 

Jena Tribe before Columbus, or even--

Mr. JACKSON. We are a little different, see. We came from Mississippi in 1850. 

Now, the Choctaw, which we are a part, lost 2.5 million acres 

over there in Mississippi. Of course, they were paid by Congress; 

we didn't get any of that in Jena. We haven't gotten a thing since 

1850. We are not expecting anything except for starting when that 

bill was signed, we want the services provided to other Indians 

across the country. 

Mr. FALEOMAVAEGA. Axe there any federally held lands in the 

State of Louisiana? 

Mrs. WILLIAMSON. My Tribe was 285 acres, and that is reservation. We have always occupied those lands. 

Coushatta has acquired about 350 acres over the years since 

1975. And Tunica is working-we put in 127 acres in trust. And 

Tunica and Coushatta have bought some lands that have not been 

put in trust yet. But nobody exceeds 400 acres in the State. We 

have three Federal Tribes. 

Mr. FALEOMAVAEGA. Do you have any knowledge if the State of 

Louisiana has any trust lands held in trust by the State of Louisiana? 

Mrs. WILLIAMSON. I wouldn't know. 

Mr. FALEOMAVAEGA. Any information that anybody would have 

any knowledge of that? 

Mrs. WILLIAMSON. I wouldn't know that. 

Mr. FALEOMAVAEGA. I see. 

The gentleman from Louisiana, did you have any questions? 

Mr. BAKER. Just one more comment. 

I think it is important in summarizing the activities from an historical perspective of this group of individuals, although slightly 

more than 150, perhaps more than 170, if the blood requirements 

are taken to their lowest number, if possible, that in the over 100 

years, 1850 to 1990 history, we have had a group of individuals 

who have lived cohesively together as an identifiable community on 

a very small tract of land, a very poor part of a rural State. 

I don't think anyone could allege properly that today this group 

would have conducted themselves in such a manner solely to come 

to the United States Congress in 1993 and ask for Federal benefits 

as a result of being a recognized Indian Tribe. It is almost incomprehensible to me that, for whatever reason, the process has not already recognized this group of individuals as an historic, recognized 

Indian Tribe of the United States of America. 

I want the record to reflect that if the committee is to use any 

discretion in the judgmental processes, this is the one instance in 

my mind where it is clear and without doubt that this group of individuals is and has been a properly organized and recognized historically Indian Tribe for purposes of Federal benefits. 

Thank you, Mr. Chairman. 

Mr. FALEOMAVAEGA. I appreciate the gentleman from Louisiana's 

comments on this. 

Just a couple more questions. I would appreciate it if you could 

bear with me. A little bit about the history under the Dawes. 
49 

Was it the Dawes Commission that gave you Federal recognition but never any land allotted to you? 

Mrs. WILLIAMSON. The land was allotted to them. What hap- pened was-I didn't just take the reference ahead. I found out how 

to go to Muskogee, and we got archives, records, from Fort Worth. 

The Dawes Commission had posted in post offices announcing that if you are so much Indian, come to Muskogee. So this entire 

Band walked. It took them nine months to get there. 

And we also have copies of the testimony from 1903 on each one. 

And then we have the response from Tams Bixby who was the 

chairman who wrote back to them and said, you are certified as 

full-blood Mississippi Choctaw. But he told them to come back to 

get their allotment, and they had a 90-day period to get back; and 

it took them nine months the first time to walk. So they didn't go 

back and get it. They just let it go. 

There are some records we found in State Government and some 

of the Federal archives in between 1903 and the 1930s that they 

are still together, little news clippings and all. But then it became 

an issue again because of Indian reorganization: Who is a Tribe? 

What is a Tribe? Who is eligible for services? 

We have letters from Ruth Underhill-! can't remember the 

other person who came down in the 1930s. Anyway, they looked at 

five Indian groups in the State to determine if they were going to 

be eligible for services or not. 

Jena Choctaw and Coushatta were deemed eligible and were receiving funds under Indian Education. 

Two other groups, Mirna and Tunica, were denied services because they weren't a Tribe. There were, specifically, letters saying, well, they do not function as a Tribe. 

Jena did not receive services with the statement. Well, they are 

getting them because they are a Tribe, but they knew they denied 

other groups. They took a hard look at Louisiana. Under IRA, they 

received services. 

Then they were offered land in Mississippi, and it made sense. 

If I were in the Interior Department in the 1930s, that is what I 

would have done. I had 75 people isolated in Jena, Louisiana. I 

wish you had the time to come to Jena, Louisiana. It is nowhere. 

I mean it is like going back into the 1940s even today. It is back 

in time. 

It was smart on the Interior's part just to take this bunch and 

move them back where they came from 100 years earlier, but they 

got caught up in the Mississippi Choctaw's business, and they were 

so small. And, again, they d1dn't speak English and have lawyers 

to represent them. They got forgotten again. We have the letters 

from July 11, 1938. 

Mr. JACKSON. 1937. 

Mrs. WILLIAMSON. 1937-when Assistant Commissioner Zimmerman offered them the land in Mississippi. Within six months of 

that period, they went through three superintendents over in Mississippi: A.C. Hector, L.M. Page, and then Fickenger. And they got 

forgotten because of the turnover, I think, and because of their 

smallness. 

But the letter even specifies the Jackson family was going to be 

the first one to move to Mississippi. 
50 

Mr. JACKSON. I would like to follow up on that about--

Mr. FALEOMAVAEGA. Could I try the chronology on this thing again? Because I am a little confused now. 

Originally the Choctaw Nation inhabited what is now the State 

of Mississippi. 

Mrs. WILLIAMSON. Correct. 

Mr. FALEOMAVAEGA. By some historical fact, or whether it be 

other pressures, then, the Jena Clan of the Tribe of the Choctaw 

moved to Louisiana. 

Mrs. WILLIAMSON. Under the treaty of Dancing Rabbit Creek 

when they began removal in the late 1800s. 

Mr. F ALEOMA v AEGA. They were forced then to leave Mississippi. 

Mrs. WILLIAMSON. If you can picture a map of Mississippi, Choctaw is up here; and it is across the State line. 

Mr. FALEOMAVAEGA. But more or less you were forced to move 

to Louisiana? 

Mr. JACKSON. Oklahoma. 

Mrs. WILLIAMSON. And they stopped in Louisiana. 

Mr. JACKSON. The five families that made up my Tribe didn't go. 

Mr. FALEO:t.IAVAEGA. But you were still considered a member of 

the Choctaw Nation. You were forced to move up to Oklahoma, and 

there you walked 600 miles to--

Mrs. WILLIAMSON. All right. You are right, you need the chronology. 

In the mid-1800s was the Treaty of Dancing Rabbit Creek. They 

started from Mississippi to Oklahoma and stopped in Louisiana. It 

was a terrible failure. They came back at the turn of the century 

with the Dawes Commission and tried again to remove the Indians 

up to Oklahoma. 

And this time the Jena Choctaw family went to Muskogee. But 

you had to pass a strenuous review and certify as full blood to receive 640 acres. If you were certified half, you got 320 acres. And 

all of his ancestors, basically the grandparents, qualified as full 

bloods. 

Mr. FALEOMAVAEGA. Was the Jena Band the only band that was 

forced out of Mississippi to go up to Oklahoma? 

Mr. JACKSON. That ts one of the confusing points of acknowledgment. We did not call ourselves the Jena Band at that time. We 

were the Choctaw from Mississippi. But they wanted, historically, 

the Jena Band, see? 

When we incorporated as a nonprofit in 1974 in the State of Louisiana, we then took the name "Jena Band of Choctaw." But before 

that, we were just the Choctaw of Mississippi. So in 1903, when we were identified as the Dawes Commission 

rolls, we were simply the Mississippi Choctaw. 

Now, see, what is important about the Dawes Commission, those 

rolls later become the rolls of the Oklahoma Choctaw in Oklahoma, 

the Choctaw Nation, and later became the rolls of the Mississippi Band of Choctaw. 

So the criteria that was used to get on the roll was the same for 

my grandparents as it would be for somebody in Oklahoma or Mississippi. There isn't an ounce of difference in all of this. 

Mr. FALEOMAVAEGA. How did you end up in Louisiana? That is 

what I am trying to get at. 
51 

Mr. JACKSON. When they were moving the groups from Mississippi to Oklahoma, they were going up by barge; and then one 

night when they camped on this river, five families just snuck 

away in the middle of the night. They said we ain't going no further, because they didn't understand what a reservation was and 

they were scared; so they run over from outside of Jena. And from 

1850 to today we are still there. 

Mr. FALEOMAVAEGA. In Louisiana. 

Mr. JACKSON. Yes. 

Mr. FALEOMAVAEGA. And at this time there was still no recognition of you by the Mississippi Choctaw? 

Mr. JACKSON. Tribes-we were unaware of any benefits by being 

Indian. 

Mr. FALEOMAVAEGA. The point I am making is you are still a 

branch of the Choctaw Nation in Mississippi, and since your separation of the main body of the Choctaw Nation, you have not ever 

been held accountable or even to say, hey, we are a member of the 

greater Nation which is predominantly in Mississippi. There was never any further communication between your families and the Choctaw Nation in Mississippi, as well as in Oklahoma? 

Mr. JACKSON. In the early 1980s, we were trying to get funding 

so we could start our petition. So we approached the Mississippi 

Band of Choctaw to help us. So they wrote our first A&A granted 

in 1982 and administered it for us. And we did a needs assessment. 

Mr. FALEOMAVAEGA. But through all these years, you were not 

given any entitlements or any trust land provisions or any benefit 

to the two million acres that the Choctaw Nation once held in what 

is now the State of Mississippi? 

Mr. JACKSON. No. 

Mr. FALEOMAVAEGA. Have you ever petitioned the Chairman of 

the Choctaw Nation that now makes up both Mississippi and Oklahoma for benefit as a member of the Choctaw Tribe? 

Mr. JACKSON. No. 

Mr. FALEOMAVAEGA. Has there been any communication in that 

effort? 

Mr. JACKSON. Several years ago, in 1990, Chief Phillip Martin of 

the Mississippi Band called me and wanted to take us in and wanted to buy 500 acres. And at that time, BIA would not allow himthe State would not allow him to take lands across State lines in 

the trust. 

Mr. FALEOMAVAEGA. I thought you only had 153 acres. 

Ms. WILLIAMSON. No. Three acres. 

Mr. FALEOMAVAEGA. Now you areMr. WILLIAMSON. No. No. Phillip Martin called Jerry and said, 

we will take you into the Mississippi Choctaw and what we want 

to do is get 500 acres of land in Louisiana and place it in trust for 

the Mississippi Choctaw for Jena to stay on. 

And I had problems with the Mississippi Choctaw entering into 

Louisiana Territory in jurisdiction. It started creating some problems for the State, and they had been autonomous since the 1850s 

anyway. They had their own tribal standing. 

Mr. FALEOMAVAEGA. I understand the provisions in this bill will 

take care of all your needs? 
52 

Mr. JACKSON. Hardly. It solves a minimal dilemma we have had 

for 150 years, that we finally can say that we are Choctaw Indian. 

That is all it does. 

Mr. FALEOMAVAEGA. Well, it certainly is a good start. And I want 

to commend the gentleman from Louisiana for this start. 

I notice that we don't have any more witnesses, but I want to 

thank you, Mr. Jackson and Mrs. Williamson, for appearing before 

the committee. 

I am sure that one of the blessings of having this chairman of 

the committee is that he also happens to be a deputy whip, so that 

means he can talk to the big guys up there of the leadership of the 

House as far as Native American issues are concerned. 

But, again, I want to thank the gentleman from Louisiana for 

being here with us this afternoon and also for having been the author of this bill. And I sincerely hope that we will move with efficiency, with due respect, to the gentleman from Wyoming, who is 

our Ranking Minority Member. 

We are having a little difficulty in trying to go through the recognition process, but I see your situation somewhat similar to what 

the Lumbees of North Carolina have been going through for the 

last 100 years. 

But be that as it may, we will consider pursuing this issue. But 

I want to thank you very much for your appearance. 

And, Mr. Baker, thank you for being here. 

The committee is adjourned. [Whereupon, at 3:00 p.m., the subcommittee was adjourned.] 

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ISBN 0-16-041484-9 

90000 

9 78016 14848