okee Nation in the 1866 Treaty and in violation of 
Freedmen citizenship under the federally approved 
Cherokee Nation constitution of 1975. 
(18) The Department of the Interior has failed 
to uphold its fiduciary responsibility by recognizing 
the May 2003 Cherokee Nation election for Prin-
cipal Chief in which Freedmen were not allowed to 
vote in violation of the Principal Chiefs Act and the 
Treaty of 1866 and by failing to take any adminis-
trative action against the Cherokee Nation leader-
ship for its decision to sanction a referendum in 
March 2007 in which the Freedmen were expelled 
from the Cherokee Nation. 
SEC. 2. SEVERANCE OF RELATIONS WITH THE CHEROKEE 
NATION. 
(a) IN GENERAL.—The United States hereby severs 
all relations with the Cherokee Nation, including all finan-
cial obligations or otherwise, until such time as the Cher-
okee Nation is meeting all of its treaty obligations and 
other federal statutory obligations (including all obliga-
tions of the Treaty of 1866, the Principal Chiefs Act, hold-
ing elections for tribal leaders that are in compliance with 
the Act, and has restored the rights of all Cherokee Freed-
men disenfranchised from the Cherokee Nation in the 
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March 3, 2007, Cherokee Nation vote), as determined by 
a final certification under section 2(d). 
(b) COMPLIANCE WITH THE REQUIREMENTS OF THE 
ACT.—The Secretary shall coordinate with all depart-
ments and agencies of the United States Government to 
ensure that every effort is being made by the United 
States Government to comply with this Act. 
(c) REPORTS.— 
(1) FEDERAL AGENCIES.—Not later than 30 
days after the date of the enactment of this Act, and 
continuing annually until the final certification as 
determined under section 2(d), all departments and 
agencies under the jurisdiction of the United States 
Government shall submit a report to the Secretary 
describing— 
(A) all Federal programs under their juris-
diction that provide financial assistance and 
other services to the Cherokee Nation; and 
(B) the efforts that are being undertaken 
comply with all requirements of this Act. 
(2) STATUS REPORTS.—Until the Secretary cer-
tifies to Congress that the Cherokee Nation is in 
compliance with its treaty obligations, the Secretary 
shall submit monthly public reports to Congress on 
the status of the United States Government’s efforts 
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to ensure that all departments and agencies of the 
Federal Government are in compliance with the re-
quirements of this Act. 
(3) OTHER
FREEDMAN
INDIANS.—Not later 
than 6 months after the date of the enactment of 
this Act, the Secretary shall issue a public report to 
Congress on the status of freedmen in the Cherokee, 
Choctaw, Chickasaw, Muscogee (Creek), and Semi-
nole Nations of Oklahoma. The report shall address 
whether each of those Indian tribes is complying 
with all treaty obligations and Federal laws with re-
spect to its freedmen members, the level of partici-
pation of freedmen in tribal leadership positions, 
tribal benefits received by the freedmen, and pre-
vious or current efforts on the part of those Indian 
tribes to disenfranchise its freedmen members. 
(d) CONGRESSIONAL
CERTIFICATION.—After the 
Secretary has certified to Congress that the Cherokee Na-
tion is in full compliance with all its treaty obligations and 
Congress approves the Secretary’s certification by a vote 
taken on a resolution introduced in both chambers of Con-
gress certifying that the Cherokee Nation is in full compli-
ance with its treaty obligations, the final certification of 
the Cherokee Nation’s treaty compliance shall take effect. 
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SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OP-
ERATIONS. 
(a) IN GENERAL.—The Cherokee Nation’s authority 
to conduct gaming regulated under the Indian Gaming 
Regulatory Act and to administer any funds from such 
gaming are suspended until such time that the Cherokee 
Nation is in compliance with all treaty and other obliga-
tions with the United States, as determined by a final cer-
tification under section 2(d). 
(b) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the National Indian Gaming 
Commission shall submit a report to Congress detailing 
the actions that have been taken to enforce subsection (a). 
SEC. 4. DEFINITIONS. 
(a) ‘‘CHEROKEE’’ AND ‘‘CHEROKEE NATION’’.—The 
terms ‘‘Cherokee’’ and ‘‘Cherokee Nation’’ mean the Cher-
okee Nation of Oklahoma. 
(b) ‘‘CHEROKEE FREEDMEN’’, ‘‘FREEDMEN’’, AND 
‘‘BLACK CHEROKEES’’.—The terms ‘‘Cherokee Freed-
men’’, ‘‘Freedmen’’, and ‘‘Black Cherokees’’ refer to indi-
viduals who can trace their ancestry to individuals listed 
on the 1906 Dawes Commission Roles for the Cherokee 
Freedmen. 
(c) ‘‘OTHER
FREEDMAN
INDIANS’’.—The term 
‘‘Other Freedmen Indians’’ refers to individuals who can 
trace their ancestry to the 1906 Dawes Commission Rolls 
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who are members of the Choctaw, Chickasaw, Muscogee 
(Creek), and Seminole Nations. 
(d) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of the Interior. 
SEC. 5. NONCOMPLIANCE. 
(a) EFFECTIVE DATE.—Notwithstanding any deci-
sion by Congress under section 2(d) of this Act, the provi-
sions of this Act shall again take effect if at any future 
date the Secretary certifies to Congress that the Cherokee 
Nation of Oklahoma is not in full compliance with its trea-
ty obligations or Federal statutes that govern its relations 
with the United States Government. 
(b) PRIVATE
ACTION.—Any Cherokee Freedmen 
shall have a private right to bring actions for injunctive 
relief, declaratory relief, or monetary damages against the 
Cherokee Nation of Oklahoma, officials of the Cherokee 
Nation of Oklahoma, or Federal officials for noncompli-
ance with this Act or for violations of the terms of the 
Treaty of 1866, the 13th Amendment to the United States 
Constitution, or the Indian Civil Rights Act of 1968. The 
appropriate Federal courts shall have exclusive jurisdic-
tion over actions brought under this subsection. 
SEC. 6. DEPARTMENT OF JUSTICE. 
The Attorney General shall issue a finding on wheth-
er the Federal civil rights of the Cherokee Freedmen have 
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been violated by either the Cherokee Nation of Oklahoma 
or the Department of the Interior, or both. Individual 
Freedmen shall also have a private right of action to com-
pel the Attorney General to investigate federal civil rights 
violations and provide a determination of whether a viola-
tion has occurred within 180 days of submitting a com-
plaint describing the violation in writing. 
SEC. 7. GAO REPORT ON EXPENDITURE OF FEDERAL 
FUNDS. 
The Government Accountability Office shall issue a 
public report to Congress detailing for each of the 5 years 
ending immediately before the report was completed the 
Cherokee Nation’s expenditure of all Federal funds. The 
report shall include an analysis of Federal funds allocated 
by the Cherokee Nation’s leadership for its member bene-
fits and services and for administrative and other pur-
poses. The report shall determine whether or not the Cher-
okee Nation is in full compliance with all Federal regula-
tions and laws regarding the management and disburse-
ment of Federal funds. 
Æ 
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