I 

116TH CONGRESS 

1ST SESSION H. R. 1514 

To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full 

Tribal citizenship to the Creek Freedmen disenfranchised in the October 

6, 1979, Creek Nation vote and fulfills all its treaty obligations with 

the Government of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2019 

Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To sever United States Government relations with the Creek 

Nation of Oklahoma until such time as the Creek Nation 

of Oklahoma restores full Tribal citizenship to the Creek 

Freedmen disenfranchised in the October 6, 1979, Creek 

Nation vote and fulfills all its treaty obligations with 

the Government of the United States, and for other 

purposes. 

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


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•HR 1514 IH

1 SECTION 1. FINDINGS. 

2 Congress finds the following: 

3 (1) Historically, the Muscogee (Creek) Nation 

4 (‘‘Creek Nation’’) were comprised of a confederacy 

5 of separate towns, Tribes, and peoples. Each town 

6 was a complete governmental unit in and of itself. 

7 Among those peoples were the Yamassee or Jamassi, 

8 who were reported to have emigrated from Africa 

9 prior to the European discovery of America. 

10 (2) As colonists and eventually nonindigenous 

11 Americans began to inhabit this area, these new 

12 residents sought to ‘‘civilize the Creek Indian’’. In 

13 the ensuing decades, the United States continuously 

14 and repeatedly attempted to impose, often by force, 

15 its customs, economy, religion, and political struc16 ture on indigenous groups such as the Creek Nation. 

17 (3) One American custom adopted by some 

18 Creek Nation citizens was the plantation economy 

19 and the reliance on chattel African slavery as a labor 

20 force. Along with enslaved Africans who were owned 

21 by Creek Nation citizens, there were also Creek Na22 tion citizens of African descent and free Blacks 

23 openly living as full citizens of the Creek Nation. 

24 (4) In the 1830s, citizens of the Creek Nation 

25 were forcibly removed from their lands in the south26 eastern United States and forced to migrate to InVerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514

SSpencer on DSKBBXCHB2PROD with BILLS
3 

•HR 1514 IH

1 dian Territory (present day Oklahoma) along a route 

2 known as the Trail of Tears. Among those persons 

3 forced to migrate were— 

4 (A) African individuals who were enslaved 

5 by citizens of the Creek Nation; 

6 (B) Creek Nation citizens of ‘‘African de7 scent’’; 

8 (C) free ‘‘Africans’’ living as citizens of the 

9 Creek Nation; and 

10 (D) ‘‘mixed blood’’ Creek Nation citizens 

11 now known as the ‘‘Black Creeks’’ or ‘‘Creek 

12 Freedmen’’. 

13 (5) Citizens of the Creek Nation were removed 

14 primarily by their traditional Tribal ‘‘town’’, and it 

15 was the town ‘‘Micos’’ or chiefs who kept the Tribal 

16 rolls. This allowed Creek Nation citizens who sur17 vived the journey to reestablish their traditional 

18 towns in Indian Territory. 

19 (6) Removal was carried out by the military, 

20 and approximately 24,000 Creek Nation citizens 

21 were forced to travel to Indian Territory on foot or 

22 by riverboats. Due to poor planning, organization, 

23 and indifference by the Federal Government, thou24 sands of Creek Nation citizens died on the way to 


SSpencer on DSKBBXCHB2PROD with BILLS
4 

•HR 1514 IH

1 Indian Territory due to exposure, starvation, and 

2 disease. 

3 (7) Even after removal to Indian Territory, 

4 some Creek Nation citizens continued to hold slaves 

5 until the Creek Treaty of 1866 abolished slavery in 

6 the Creek Nation. 

7 (8) In 1861, a faction of the Creek Nation 

8 known as ‘‘Southern Creeks’’ executed a treaty with 

9 the Confederate States of America, severing its rela10 tions with the United States Government. Members 

11 of the Southern Creeks held positions in the Con12 gress and military of the Confederate States of 

13 America and waged war against the United States 

14 during the Civil War. Other Creeks, known as the 

15 ‘‘Loyal Creeks’’, who generally resisted cultural as16 similation, provided supplies, men, and support for 

17 the Union. A contingent of Loyal Creeks, which in18 cluded a substantial ‘‘Black’’ Creek component, left 

19 their homes in Oklahoma and moved to Kansas to 

20 flee Southern Creek soldiers and their Confederate 

21 allies. 

22 (9) The Battle of Honey Springs was a major 

23 battle that occurred in Indian Territory during the 

24 Civil War, and Loyal Creeks, including ‘‘Black’’ 


SSpencer on DSKBBXCHB2PROD with BILLS
5 

•HR 1514 IH

1 Creeks, valiantly fought against the Confederacy and 

2 their allies. 

3 (10) In 1865, as the Civil War ended, President 

4 Andrew Johnson designated a commission to travel 

5 to Fort Smith, Arkansas, to convene a council for 

6 the purpose of negotiating a new treaty with the 

7 Creek Nation. 

8 (11) The members of that commission declared 

9 that a treaty with the United States ‘‘must’’ contain 

10 certain stipulations, including that ‘‘the institution 

11 of slavery, which has existed among several of the 

12 Tribes, must be forthwith abolished, and measures 

13 taken for the unconditional emancipation of all per14 sons held in bondage, and for their incorporation 

15 into the Tribes on an equal footing with the original 

16 members, or suitably provided for.’’. 

17 (12) The Creek Nation’s 5-person delegation in18 cluded both leaders of the Loyal Creeks and South19 ern Creeks. One of the members of the Loyal Creek 

20 delegation was an African Creek named Cow Tom. 

21 (13) The Creek Treaty of 1866 negotiations oc22 curred between 1865 and 1866, first in Fort Smith, 

23 Arkansas, and then in Washington, DC. It was in 

24 Washington, DC, where the Treaty was signed and 

25 upon the signing of the 1866 Treaty the United 


SSpencer on DSKBBXCHB2PROD with BILLS
6 

•HR 1514 IH

1 States reestablished official relations with the Creek 

2 Nation. 

3 (14) The Creek Treaty of 1866 became the 

4 foundational legal document of the Creek Nation 

5 and established the Creek Nation as it is known 

6 today. 

7 (15) The Creek Treaty of 1866 declared that 

8 the Black Creeks, also known as ‘‘Creek Freedmen’’, 

9 were to be made citizens of the Creek Nation and 

10 to have all the rights of other Creeks Citizens. 

11 (16) Article II of the Creek Treaty of 1866 pro12 vides in pertinent part: 

13 ‘‘[I]nasmuch as there are among the Creek 

14 many persons of African descent . . . it is stip15 ulated that hereafter these persons, lawfully re16 siding in said Creek country, under their laws 

17 and usages, or who have been thus residing in 

18 said country, and may return within one year 

19 from the ratification of this treaty, and their 

20 descendants and such others of the same race 

21 as may be permitted by the laws of said Nation 

22 to settle within the limits of the jurisdiction of 

23 the Creek Nation as citizens [thereof], shall 

24 have and enjoy all the rights and privileges of 

25 native citizens, including an equal interest in 


SSpencer on DSKBBXCHB2PROD with BILLS
7 

•HR 1514 IH

1 the soil and national funds; and the laws of said 

2 Nation shall be equally binding upon and give 

3 equal protection to all such persons . . .’’. 

4 (17) Virtually identical clauses relating to the 

5 citizenship of individuals of African descent within 

6 the Seminole and Cherokee Nations were negotiated, 

7 agreed upon, and added to the respective Seminole 

8 and Cherokee Treaties of 1866. 

9 (18) Shortly after executing the Treaty of 

10 1866, the Creek Nation reorganized their constitu11 tional structure, and in 1867, it created a new and 

12 expansive constitution which recognized and af13 firmed the full citizenship rights of Black Creeks. 

14 (19) The 1867 Constitution did not discrimi15 nate against Creeks of African descent, Free Black, 

16 or Creek Freedmen citizens of the Creek Nation. 

17 (20) In fact, upon ratifying the 1867 Constitu18 tion, the Creek Nation reconstituted its 44 tradi19 tional ‘‘towns’’ and voluntarily created 3 additional 

20 towns (‘‘Freedmen Towns’’) so the Freedmen would 

21 have equal representation in the Creek Nation’s Na22 tional Council. 

23 (21) Also, in 1867, the Creek Nation gathered 

24 at the request of Federal Indian Agent J.W. Dunn 


SSpencer on DSKBBXCHB2PROD with BILLS
8 

•HR 1514 IH

1 (‘‘Dunn’’) to identify and list the individual mem2 bers of the Creek Nation. 

3 (22) As a result of that gathering, Dunn com4 piled a roll of the Creek Nation’s citizens, which 

5 came to be known as the ‘‘Dunn Roll’’. Listed on 

6 the Dunn Roll were all of the Creek Nation’s then7 gathered citizens, which encompassed Creek Nation 

8 citizens with African ancestry, including Native Afri9 cans, Free Africans, and newly emancipated, for10 merly enslaved Creek Freedmen. 

11 (23) Many Creek Nation citizens were forced to 

12 leave Creek Nation territory during the Civil War 

13 because of the violence or for various other reasons. 

14 The Treaty of 1866 gave Creek Nation citizens until 

15 July 15, 1867, to return to Creek territory in order 

16 to be included on the Dunn Roll. However, Dunn 

17 completed his roll 5 months early and sent it to 

18 Washington, DC, in February 1867. 

19 (24) As a result, the Creek Nation created a 

20 Post-Civil War Citizenship Commission to review the 

21 applications of people who claimed they were Creek 

22 Nation citizens who should have been included on 

23 the Dunn Roll. The Creek Nation Post-Civil War 

24 Citizenship Commission reviewed several thousand 

25 applications, and admitted over 1,700 individuals 


SSpencer on DSKBBXCHB2PROD with BILLS
9 

•HR 1514 IH

1 and their descendants between 1867 and 1895. Nu2 merous Native Africans, Free Blacks, and newly 

3 emancipated Freedmen were among the 1,700 indi4 viduals granted full citizenship by the Creek Nation 

5 Post-War Citizenship Commission. 

6 (25) In the decade after the Treaty of 1866 

7 was enacted, individuals of African descent (Native 

8 Africans, Free Africans, and formerly enslaved Afri9 can/Freedmen) worked with all other Creek Nation 

10 citizens to attempt to rebuild the Creek Nation. 

11 (26) However, many of the Confederate-aligned 

12 Upper/Southern Creeks refused to respect Creek 

13 Freedmen citizenship rights. In fact, on October 1, 

14 1877, the Upper/Southern actions were rebuked by 

15 then Creek Nation Principal Chief Ward Coachman 

16 during his address to the Creek National Council: 

17 ‘‘. . . [A]nd inasmuch as there are Freed18 men among us, whose rights under the treaty of 

19 1866, have not by some been recognized, and in 

20 consequence thereof have been discouraged, are 

21 not improving or advancing as they might do; 

22 and the treaty relative thereto being so plain 

23 that no one can mistake or misunderstand it. I 

24 allude particularly to those known as the 

25 McGilvery or McGilbrey Freedmen whom we 


SSpencer on DSKBBXCHB2PROD with BILLS
10 

•HR 1514 IH

1 know belonged to our own people, were here 

2 within our country when the treaty was made 

3 and have remained among us ever since. I 

4 would recommend if necessary that some action 

5 be had recognizing the rights of all who under 

6 the treaty are entitled to citizenship and equal 

7 rights and privileges with us.’’. 

8 (27) Between 1867 and 1895, the Creek Nation 

9 created numerous rolls of its citizens. None of these 

10 rolls created by the Creek Nation contained or listed 

11 blood quantum, or singled out Creeks of African de12 scent, ‘‘Free Black’’ Creek Citizens, or former 

13 enslaved Africans who were emancipated and accept14 ed as Creek citizens pursuant to the Treaty of 1866. 

15 (28) Between 1866 and 1906, Creeks of Afri16 can descent were an essential part of the Creek Na17 tion community, as evidenced by their service in im18 portant and high positions in the Creek Nation’s 

19 government and other areas of Creek life. 

20 (29) In 1887, Congress passed the Dawes Act 

21 of 1887 (‘‘Dawes Act’’). 

22 (30) The stated purpose of the Dawes Act was 

23 to prepare Indian Territory for statehood. To this 

24 end, the Dawes Act authorized the transfer of most 


SSpencer on DSKBBXCHB2PROD with BILLS
11 

•HR 1514 IH

1 of the land owned corporately by the Creek Nation 

2 to individual Tribal citizens. 

3 (31) After the passing of the Dawes Act, Con4 gress created the Dawes Commission in 1893. Con5 gress tasked the Dawes Commission with identifying 

6 all Creek citizens eligible for land allotment in what 

7 would come to be known as the ‘‘Dawes Rolls’’. 

8 (32) Congress then passed the Curtis Act of 

9 June 28, 1898 (30 Stat. 495) (‘‘Curtis Act’’), direct10 ing the Dawes Commission to create 2 lists of citi11 zens of the Creek Nation who would be eligible for 

12 land allotment, which became the following: 

13 (A) The ‘‘Creek Nation Creek Roll’’, which 

14 was purportedly composed only of Creek Nation 

15 citizens with Creek blood. 

16 (B) The ‘‘Creek Nation Freedmen Roll’’, 

17 which was purportedly composed only Creek 

18 Nation citizens who were formerly enslaved Af19 ricans and devoid of any Creek blood. 

20 (33) The Dawes Commission, motivated by rac21 ism, used race and Creek Nation citizens’ physical 

22 appearance to segregate Creeks of African Descent 

23 ‘‘Creek Freedmen’’. The ‘‘true’’ Creeks, in the 

24 Dawes Commission’s estimation, were listed on the 

25 Creek Roll (also known as the ‘‘Blood Roll’’). The 


SSpencer on DSKBBXCHB2PROD with BILLS
12 

•HR 1514 IH

1 Creek Freedmen (individuals of African descent, re2 gardless of whether they or their ancestors were pre3 viously enslaved in the Creek Nation) were listed on 

4 the Creek Nation Freedmen Roll. 

5 (34) The Dawes Commission employed the 

6 hypodescent rule, by which any individual with ‘‘one 

7 drop’’ of ‘‘Black blood’’ was to be considered Black 

8 and therefore belonged on the Creek Nation Freed9 men Roll. 

10 (35) The Dawes Commission therefore enrolled 

11 many Creeks of African descent on the Creek Freed12 men Roll, regardless of whether they or their ances13 tors were ever enslaved in the Creek Nation or of 

14 how much ‘‘Creek blood’’ they actually possessed. 

15 (36) The Dawes Commission separated families 

16 by enrolling full siblings with different blood degrees 

17 and enrolling some family members on the Creek 

18 Nation Blood Roll and others on the Creek Freed19 men Roll. The blood degree or blood quantum was 

20 originally to be used only for land allotment pur21 poses. 

22 (37) Therefore, once the Dawes Rolls closed on 

23 March 4, 1907, Creek citizens enrolled on the 

24 Freedmen Roll and their descendants, in perpetuity, 

25 would always carry the ugly badge of slavery, reVerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514

SSpencer on DSKBBXCHB2PROD with BILLS
13 

•HR 1514 IH

1 gardless of whether they or their ancestors were ever 

2 enslaved, and forever legally be known as Creek 

3 Freedmen. 

4 (38) In 1970, Congress passed the ‘‘Principal 

5 Chiefs Act’’ requiring the Chickasaw, Choctaw, 

6 Cherokee, Seminole, and Creek Nations to obtain 

7 approval for their voting laws for selection of each 

8 nations Principal Chief. The Department of the In9 terior drafted a policy stating that it was not nec10 essary that each of these groups has identical or 

11 similar regulations, but that 3 conditions are deemed 

12 fundamental to the democratic selection of a prin13 cipal Tribal official. One of the three conditions stip14 ulated by the Department was that voter qualifica15 tions of the Creeks must be broad enough to include 

16 the enrolled Creek Freedmen citizens. 

17 (39) On or about August 18, 1975, the Creek 

18 Nation, through its National Council, submitted to 

19 the Department of the Interior a draft constitution 

20 (‘‘Draft Constitution’’) that, among other things, 

21 contained express provisions that— 

22 (A) stripped individuals on the 1906 Creek 

23 Freedmen Rolls and their then-living lineal de24 scendants of their Creek citizenship; and 


SSpencer on DSKBBXCHB2PROD with BILLS
14 

•HR 1514 IH

1 (B) prevented the unborn lineal descend2 ants of individuals who were enrolled on the 

3 1906 Creek Freedmen Rolls from becoming citi4 zens of the Creek Nation. 

5 (40) Before the Creek Nation submitted the 

6 Draft Constitution to the Department of the Inte7 rior, the Creek Nation did not seek, obtain, or allow 

8 any input from Creek Freedmen or individuals rep9 resenting Creek Freedmen interests. 

10 (41) Minutes from the Creek Nation’s October 

11 29, 1977, National Council meeting reveal that one 

12 of the express goals of the Draft Constitution was 

13 to strip Freedmen and Creek Freedmen descendants 

14 of their Creek citizenship and rights. The minutes 

15 state the following: 

16 ‘‘When you go back to the old [1867] Con17 stitution, you are licked before you start; be18 cause it doesn’t talk about Indians, it talks 

19 about CITIZENS of the CREEK NATION. 

20 When you got down to the Allotment time, 

21 there were more that was non-Indians or half22 blood or less, who outnumbered the full blood, 

23 all of these totaled about 11,000, and there 

24 were only 18,000 on the entire Roll; so, there 

25 was only 9,000 above One-half blood. That’s 


SSpencer on DSKBBXCHB2PROD with BILLS
15 

•HR 1514 IH

1 the reason, they lost control; the FULLBLOOD 

2 lost control. That’s what we’re fighting, this 

3 blood quantum, trying to get back and let the 

4 people control because under the old Constitu5 tion, you’ve lost before you ever started. There 

6 were three FREEDMAN bands that would out7 number you today as citizens. So, if we want to 

8 keep the INDIAN in control, we’ve got to take 

9 a good look at this thing and get us a Constitu10 tion that will keep the Creek Indian in Con11 trol.’’. 

12 (42) On October 6, 1979, the Creek Nation 

13 held an election to formally adopt the 1979 Con14 stitution and replace the 1867 Constitution. 

15 (43) Section 503 of the Oklahoma Indian Wel16 fare Act (25 U.S.C. 5203), in effect since 1979, re17 quired the participation of at least 30 percent of 

18 ‘‘those entitled’’ to vote, or the results of the election 

19 are invalid. 

20 (44) The total number of ‘‘entitled’’ voters that 

21 Creek officials identified prior to the 1979 constitu22 tional referendum did not include Creek Freedmen 

23 in an apparent effort to meet OIWA election re24 quirements. Creek Freedmen and their descendants 

25 were denied the right to vote on the 1979 ConstituVerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514

SSpencer on DSKBBXCHB2PROD with BILLS
16 

•HR 1514 IH

1 tion and therefore did not vote on the 1979 constitu2 tion. 

3 (45) Upon the dubious ratification of the 1979 

4 Constitution, the Creek Nation illegally declared that 

5 all Freedmen were not entitled to Creek citizenship 

6 and would no longer be recognized as nor allowed to 

7 be citizens of the Creek Nation. 

8 (46) Thousands of Creek Freedmen descend9 ants have been denied their Creek citizenship rights 

10 in a bold violation of the Treaty of 1866. 

11 (47) In violation of the Treaty of 1866, the 

12 13th Amendment to the United States Constitution, 

13 the Principal Chiefs Act of 1970, and the Oklahoma 

14 Indian Welfare Act, Creek Freedmen have been ille15 gally barred from participating, as voters and can16 didates, in every Creek election from 1979 through 

17 the present. 

18 (48) Currently, the Creek Nation operates 

19 under a Principal Chief elected in violation of the 

20 1970 Principal Chiefs Act and Treaty of 1866, and 

21 a National Council constituted without Creek Freed22 men representatives, in violation of the Treaty of 

23 1866. 

24 (49) Since 1979, thousands of Creek Freedmen 

25 have continuously attempted to assert and regain 


SSpencer on DSKBBXCHB2PROD with BILLS
17 

•HR 1514 IH

1 their full citizenship rights by formally applying for 

2 Creek citizenship only to be completely ignored or 

3 summarily rebuffed. Oftentimes Freedmen appli4 cants would be informed of their denial via a form 

5 letter from the Creek Nation, which would include 

6 some version of the following language, taken from 

7 a May 31, 2002, letter from the Creek Nation to a 

8 Creek Freedman applicant: 

9 ‘‘We are returning your letter and any 

10 other documents submitted for enrollment into 

11 the Muscogee (Creek) Nation because in check12 ing the Dawes Commission Rolls, your ances13 tors were enrolled on the Creek Freedmen 

14 Rolls. If you will note from the copy you sub15 mitted there is no blood quantum listed because 

16 they are not Creek by Blood. When slavery was 

17 abolished following the Civil War, Treaties were 

18 negotiated with the Five-Civilized Tribes; the 

19 Choctaw, Cherokee, Chickasaw, Creek and Sem20 inole Nations. The treaties conferred citizenship 

21 in the Tribes on the negroes who had been held 

22 in slavery by the Tribes. Such citizens were re23 ferred as ‘Freedmen’.’’. 

24 (50) A Creek Freedmen Indians or African/ 

25 Black Creek Indians association was organized and 


SSpencer on DSKBBXCHB2PROD with BILLS
18 

•HR 1514 IH

1 continues to work to preserve the unique identity of 

2 members of the Muscogee Creek Indian Freedmen 

3 Band Association, and to protect the history, legacy, 

4 rights, and dignity of the thousands of Creek Freed5 men Indians. 

6 (51) Beginning in 2004, 2 Creek Freedmen liti7 gated the issue of Creek Freedmen citizenship within 

8 the Creek Nation court in Johnson and Graham v. 

9 Muscogee (Creek) Nation of Oklahoma Citizenship 

10 Board, CV 2003–54. 

11 (52) The Creek Freedmen contended that they 

12 and all Creek Freedmen were eligible for citizenship 

13 in the Creek Nation pursuant to the Treaty of 1866, 

14 the Muscogee (Creek) Nation Constitution, and the 

15 Creek Nation Citizenship Code. 

16 (53) In its March 27, 2006, opinion, the Creek 

17 Nation District Court declined to reach the sub18 stantive issues related to the Treaty of 1866. In19 stead, the court found that the Citizenship Board 

20 did not follow Creek Nation law, which mandated 

21 that the Citizenship Board process the citizenship 

22 applications of the Creek Freedmen. 

23 (54) On or about April 13, 2006, the Citizen24 ship Board refused to comply with the Creek Na25 tion’s District Court order to process the Creek 


SSpencer on DSKBBXCHB2PROD with BILLS
19 

•HR 1514 IH

1 Freedmen’s citizenship applications. On November 

2 2, 2007, the Creek Nation Supreme Court unani3 mously reversed the district court decision and re4 fused to rule on the applicability of the citizenship 

5 provisions of the Treaty of 1866. 

6 (55) The manner in which the Creek Nation is 

7 conducting the relationship between the United 

8 States and the Tribal entity is not in the best inter9 est of the United States Government or the citizens 

10 of the Creek Nation, and violates existing treaties 

11 and laws governing the relationship between the 

12 United States Government and the Creek Nation. 

13 (56) The Creek Nation’s current refusal to rec14 ognize the citizenship rights of Creek Freedmen and 

15 to deny to Creek Freedmen all rights, privileges, 

16 protections, and benefits arising from citizenship in 

17 the Creek Nation equally and on the same basis as 

18 all other Creek Nation citizens, including, without 

19 limitation, the right to vote in Creek Nation elec20 tions, the right to run for and hold Creek Nation of21 fice, and the right to receive funds and benefits 

22 available to all others in violation of the treaty rights 

23 extended to the Creek Freedmen in a treaty agree24 ment between the United States and the Creek NaVerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514

SSpencer on DSKBBXCHB2PROD with BILLS
20 

•HR 1514 IH

1 tion in the 1866 Treaty and the 13th Amendment 

2 to the United States Constitution. 

3 (57) The Creek Treaty of 1866 guarantees the 

4 Creek Freedmen the right to full and equal citizen5 ship in the Creek Nation. 

6 (58) The Creek Freedmen are legally indistin7 guishable from other citizens of the Creek Nation 

8 pursuant to the Creek Treaty of 1866. 

9 (59) As equal citizens of the Creek Nation, the 

10 Creek Freedmen descendants are entitled to all 

11 rights, privileges, protections, and benefits arising 

12 from citizenship in the Creek Nation equally and on 

13 the same basis as all other Creek Nation citizens, in14 cluding, without limitation, the right to vote in 

15 Creek Nation elections, the right to run for and hold 

16 Creek Nation office, and the right to receive funds 

17 and benefits available to Creek Nation citizens. 

18 (60) No Federal statute or superseding treaty 

19 has modified the Creek Freedmen descendants’ citi20 zenship rights as granted in the Creek Treaty of 

21 1866. 

22 (61) No amendment to the Creek Nation Con23 stitution has modified nor could modify the citizen24 ship rights of Creek Freedmen, because those rights 


SSpencer on DSKBBXCHB2PROD with BILLS
21 

•HR 1514 IH

1 are derived from the Creek Treaty of 1866 and not 

2 the Creek Nation Constitution. 

3 (62) There has been no Act of Congress ex4 pressing any intent to abrogate Article 2 of the 

5 Creek Treaty of 1866. 

6 (63) The Creek Treaty of 1866 is a bilateral 

7 agreement negotiated and signed by two sovereign 

8 entities utilizing their executive and legislative gov9 ernmental powers. The validity of the agreement has 

10 not been contested by the Creek Nation. The Treaty 

11 of 1866 is the supreme law of the land regarding the 

12 citizenship rights of Creek Freedmen. 

13 (64) The Department of the Interior is obliga14 tion to protect the Creek Freedmen descendants and 

15 refuse to recognize of the Creek Nation’s govern16 ment until such time as the Creek Nation affirms 

17 and restores Creek Freedmen citizenship rights. By 

18 continuing to recognize the Creek Nation and its 

19 government, elected and formed under the illegal 

20 1979 Constitution, the Department of the Interior 

21 has violated and continues to violate its own prece22 dent and policy, and has breached and continues to 

23 breach its responsibility to the Freedmen descend24 ants pursuant to Article 2 of the Treaty of 1866. 


SSpencer on DSKBBXCHB2PROD with BILLS
22 

•HR 1514 IH

1 (65) The Creek Nation has received and con2 tinues to receive Federal funding distributed by the 

3 Department of the Interior for the benefit of indi4 vidual Creek Nation citizens. The Department of the 

5 Interior has knowledge that the Creek Nation dis6 tributes funds under these Federal programs in a 

7 discriminatory manner by excluding Creek Freedmen 

8 from participation in and receipt of the benefits of 

9 the programs by virtue of their status as Creek 

10 Freedmen. 

11 SEC. 2. SEVERANCE OF RELATIONS WITH THE CREEK NA12 TION. 

13 (a) IN GENERAL.—The United States hereby severs 

14 all relations with the Creek Nation, including all financial 

15 obligations or otherwise, until such time as the Creek Na16 tion meets all of its treaty obligations and other Federal 

17 statutory obligations (including all obligations under the 

18 Treaty of 1866, the Principal Chiefs Act, holding elections 

19 for Tribal leaders that are in compliance with the Act, and 

20 has restored the rights of all Creek Freedmen disenfran21 chised from the Creek Nation), as determined by a final 

22 certification under subsection (d). 

23 (b) COMPLIANCE WITH THE REQUIREMENTS OF THE

24 ACT.—The Secretary shall coordinate with all depart25 ments and agencies of the Federal Government to ensure 


SSpencer on DSKBBXCHB2PROD with BILLS
23 

•HR 1514 IH

1 that every effort is being made by the Federal Government 

2 to comply with this Act. 

3 (c) REPORTS.— 

4 (1) FEDERAL AGENCIES.—Not later than 30 

5 days after the date of the enactment of this Act, and 

6 annually thereafter until the final certification under 

7 subsection (d), all departments and agencies of the 

8 Federal Government shall submit a report to the 

9 Secretary describing— 

10 (A) all Federal programs under their juris11 diction that provide financial assistance and 

12 other services to the Creek Nation; and 

13 (B) the efforts undertaken by the depart14 ment or agency to comply with the require15 ments of this Act. 

16 (2) STATUS REPORTS.—Until the Secretary cer17 tifies to Congress that the Creek Nation is in com18 pliance with its treaty obligations, the Secretary 

19 shall submit monthly public reports to Congress on 

20 the status of the Federal Government’s efforts to en21 sure that all departments and agencies of the Fed22 eral Government are in compliance with the require23 ments of this Act. 

24 (3) OTHER FREEDMAN INDIANS.—Not later 

25 than 6 months after the date of the enactment of 


SSpencer on DSKBBXCHB2PROD with BILLS
24 

•HR 1514 IH

1 this Act, the Secretary shall issue a public report to 

2 Congress on the status of Freedmen in the Creek, 

3 Choctaw, Chickasaw, Creek, and Seminole Nations 

4 of Oklahoma. The report shall address whether each 

5 of those Indian Tribes is in compliance with all trea6 ty obligations and Federal laws with respect to its 

7 Freedmen members, the level of participation of its 

8 Freedmen members in Tribal leadership positions, 

9 Tribal benefits received by its Freedmen members, 

10 and previous or current efforts on the part of those 

11 Indian Tribes to disenfranchise its Freedmen mem12 bers. 

13 (d) CONGRESSIONAL CERTIFICATION.—After the 

14 Secretary has certified to Congress that the Creek Nation 

15 is in full compliance with all its treaty obligations and 

16 Congress approves the Secretary’s certification by a vote 

17 taken on a concurrent resolution certifying that the Creek 

18 Nation is in full compliance with its treaty obligations, the 

19 final certification of the Creek Nation’s treaty compliance 

20 shall take effect. 

21 SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OP22 ERATIONS. 

23 (a) IN GENERAL.—The Creek Nation’s authority to 

24 conduct gaming regulated under the Indian Gaming Regu25 latory Act and to administer any funds from such gaming 


SSpencer on DSKBBXCHB2PROD with BILLS
25 

•HR 1514 IH

1 are suspended until such time that the Creek Nation is 

2 in compliance with all treaty and other obligations with 

3 the United States by a final certification under section 

4 2(d). 

5 (b) REPORT.—Not later than 30 days after the date 

6 of the enactment of this Act, the National Indian Gaming 

7 Commission shall submit a report to Congress detailing 

8 the actions that have been taken to enforce subsection (a). 

9 SEC. 4. NONCOMPLIANCE. 

10 (a) RECERTIFICATION.—If, after a certification 

11 under section 2(d), the Secretary certifies to Congress that 

12 the Creek Nation is not in full compliance with its treaty 

13 obligations or Federal statutes that govern its relations 

14 with the Federal Government, the provisions of section 

15 2(a) through (c) shall apply until Congress recertifies full 

16 compliance under section 2(d). 

17 (b) PRIVATE ACTION.—Any Creek Freedmen shall 

18 have a private right to bring actions for injunctive relief, 

19 declaratory relief, or monetary damages against the Creek 

20 Nation of Oklahoma, officials of the Creek Nation of Okla21 homa, or Federal officials for noncompliance with this Act 

22 or for violations of the terms of the Treaty of 1866, the 

23 13th Amendment to the United States Constitution, or the 

24 Indian Civil Rights Act of 1968. The appropriate Federal 


SSpencer on DSKBBXCHB2PROD with BILLS
26 

•HR 1514 IH

1 courts shall have exclusive jurisdiction over actions 

2 brought under this subsection. 

3 SEC. 5. DEPARTMENT OF JUSTICE. 

4 (a) AG FINDING.—Not later than 30 days after the 

5 date of the enactment of this Act, the Attorney General 

6 shall issue a finding on whether the Federal civil rights 

7 of the Creek Freedmen have been violated by the Creek 

8 Nation, the Department of the Interior, or both. 

9 (b) PRIVATE RIGHT OF ACTION.—Any Freedmen 

10 may bring a private right of action in a court of competent 

11 jurisdiction to compel the Attorney General to investigate 

12 Federal civil rights violations and provide a determination 

13 of whether a violation has occurred within 180 days of 

14 submitting a complaint to a court describing the violation 

15 in writing. 

16 SEC. 6. GAO REPORT ON EXPENDITURE OF FEDERAL 

17 FUNDS. 

18 On October 1 of each year, the Government Account19 ability Office shall issue a public report to Congress on 

20 the following: 

21 (1) For each of the 5 fiscal years ending imme22 diately before the report, the Creek Nation’s expend23 iture of all Federal funds. 

24 (2) An analysis of Federal funds allocated by 

25 the Creek Nation’s leadership for its member beneVerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514

SSpencer on DSKBBXCHB2PROD with BILLS
27 

•HR 1514 IH

1 fits and services and for administrative and other 

2 purposes. 

3 (3) A determination of whether or not the 

4 Creek Nation is in full compliance with all Federal 

5 regulations and laws regarding the management and 

6 disbursement of Federal funds. 

7 SEC. 7. DEFINITIONS. 

8 In this Act: 

9 (1) CREEK NATION.—The term ‘‘Creek Nation’’ 

10 means the Muscogee (Creek) Nation of Oklahoma. 

11 (2) CREEK FREEDMEN, FREEDMEN, AND BLACK

12 CREEKS.—The terms ‘‘Creek Freedmen’’, ‘‘Freed13 men’’, and ‘‘Black Creeks’’ means individuals who 

14 can trace their ancestry to individuals listed on the 

15 1906 Dawes Commission Rolls for the Creek Freed16 men. 

17 (3) OTHER FREEDMAN INDIANS.—The term 

18 ‘‘Other Freedmen Indians’’ means individuals who 

19 can trace their ancestry to the 1906 Dawes Commis20 sion Rolls who are members of the Choctaw, Chicka21 saw, Muscogee (Creek), and Seminole Nations. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS