and their descendants between 1867 and 1895. Nu-
merous Native Africans, Free Blacks, and newly 
emancipated Freedmen were among the 1,700 indi-
viduals granted full citizenship by the Creek Nation 
Post-War Citizenship Commission. 
(25) In the decade after the Treaty of 1866 
was enacted, individuals of African descent (Native 
Africans, Free Africans, and formerly enslaved Afri-
can/Freedmen) worked with all other Creek Nation 
citizens to attempt to rebuild the Creek Nation. 
(26) However, many of the Confederate-aligned 
Upper/Southern Creeks refused to respect Creek 
Freedmen citizenship rights. In fact, on October 1, 
1877, the Upper/Southern actions were rebuked by 
then Creek Nation Principal Chief Ward Coachman 
during his address to the Creek National Council: 
‘‘. . . [A]nd inasmuch as there are Freed-
men among us, whose rights under the treaty of 
1866, have not by some been recognized, and in 
consequence thereof have been discouraged, are 
not improving or advancing as they might do; 
and the treaty relative thereto being so plain 
that no one can mistake or misunderstand it. I 
allude particularly to those known as the 
McGilvery or McGilbrey Freedmen whom we 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
know belonged to our own people, were here 
within our country when the treaty was made 
and have remained among us ever since. I 
would recommend if necessary that some action 
be had recognizing the rights of all who under 
the treaty are entitled to citizenship and equal 
rights and privileges with us.’’. 
(27) Between 1867 and 1895, the Creek Nation 
created numerous rolls of its citizens. None of these 
rolls created by the Creek Nation contained or listed 
blood quantum, or singled out Creeks of African de-
scent, ‘‘Free Black’’ Creek Citizens, or former 
enslaved Africans who were emancipated and accept-
ed as Creek citizens pursuant to the Treaty of 1866. 
(28) Between 1866 and 1906, Creeks of Afri-
can descent were an essential part of the Creek Na-
tion community, as evidenced by their service in im-
portant and high positions in the Creek Nation’s 
government and other areas of Creek life. 
(29) In 1887, Congress passed the Dawes Act 
of 1887 (‘‘Dawes Act’’). 
(30) The stated purpose of the Dawes Act was 
to prepare Indian Territory for statehood. To this 
end, the Dawes Act authorized the transfer of most 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
of the land owned corporately by the Creek Nation 
to individual Tribal citizens. 
(31) After the passing of the Dawes Act, Con-
gress created the Dawes Commission in 1893. Con-
gress tasked the Dawes Commission with identifying 
all Creek citizens eligible for land allotment in what 
would come to be known as the ‘‘Dawes Rolls’’. 
(32) Congress then passed the Curtis Act of 
June 28, 1898 (30 Stat. 495) (‘‘Curtis Act’’), direct-
ing the Dawes Commission to create 2 lists of citi-
zens of the Creek Nation who would be eligible for 
land allotment, which became the following: 
(A) The ‘‘Creek Nation Creek Roll’’, which 
was purportedly composed only of Creek Nation 
citizens with Creek blood. 
(B) The ‘‘Creek Nation Freedmen Roll’’, 
which was purportedly composed only Creek 
Nation citizens who were formerly enslaved Af-
ricans and devoid of any Creek blood. 
(33) The Dawes Commission, motivated by rac-
ism, used race and Creek Nation citizens’ physical 
appearance to segregate Creeks of African Descent 
‘‘Creek Freedmen’’. The ‘‘true’’ Creeks, in the 
Dawes Commission’s estimation, were listed on the 
Creek Roll (also known as the ‘‘Blood Roll’’). The 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
Creek Freedmen (individuals of African descent, re-
gardless of whether they or their ancestors were pre-
viously enslaved in the Creek Nation) were listed on 
the Creek Nation Freedmen Roll. 
(34) The Dawes Commission employed the 
hypodescent rule, by which any individual with ‘‘one 
drop’’ of ‘‘Black blood’’ was to be considered Black 
and therefore belonged on the Creek Nation Freed-
men Roll. 
(35) The Dawes Commission therefore enrolled 
many Creeks of African descent on the Creek Freed-
men Roll, regardless of whether they or their ances-
tors were ever enslaved in the Creek Nation or of 
how much ‘‘Creek blood’’ they actually possessed. 
(36) The Dawes Commission separated families 
by enrolling full siblings with different blood degrees 
and enrolling some family members on the Creek 
Nation Blood Roll and others on the Creek Freed-
men Roll. The blood degree or blood quantum was 
originally to be used only for land allotment pur-
poses. 
(37) Therefore, once the Dawes Rolls closed on 
March 4, 1907, Creek citizens enrolled on the 
Freedmen Roll and their descendants, in perpetuity, 
would always carry the ugly badge of slavery, re-
VerDate 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
gardless of whether they or their ancestors were ever 
enslaved, and forever legally be known as Creek 
Freedmen. 
(38) In 1970, Congress passed the ‘‘Principal 
Chiefs Act’’ requiring the Chickasaw, Choctaw, 
Cherokee, Seminole, and Creek Nations to obtain 
approval for their voting laws for selection of each 
nations Principal Chief. The Department of the In-
terior drafted a policy stating that it was not nec-
essary that each of these groups has identical or 
similar regulations, but that 3 conditions are deemed 
fundamental to the democratic selection of a prin-
cipal Tribal official. One of the three conditions stip-
ulated by the Department was that voter qualifica-
tions of the Creeks must be broad enough to include 
the enrolled Creek Freedmen citizens. 
(39) On or about August 18, 1975, the Creek 
Nation, through its National Council, submitted to 
the Department of the Interior a draft constitution 
(‘‘Draft Constitution’’) that, among other things, 
contained express provisions that— 
(A) stripped individuals on the 1906 Creek 
Freedmen Rolls and their then-living lineal de-
scendants of their Creek citizenship; and 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
(B) prevented the unborn lineal descend-
ants of individuals who were enrolled on the 
1906 Creek Freedmen Rolls from becoming citi-
zens of the Creek Nation. 
(40) Before the Creek Nation submitted the 
Draft Constitution to the Department of the Inte-
rior, the Creek Nation did not seek, obtain, or allow 
any input from Creek Freedmen or individuals rep-
resenting Creek Freedmen interests. 
(41) Minutes from the Creek Nation’s October 
29, 1977, National Council meeting reveal that one 
of the express goals of the Draft Constitution was 
to strip Freedmen and Creek Freedmen descendants 
of their Creek citizenship and rights. The minutes 
state the following: 
‘‘When you go back to the old [1867] Con-
stitution, you are licked before you start; be-
cause it doesn’t talk about Indians, it talks 
about CITIZENS of the CREEK NATION. 
When you got down to the Allotment time, 
there were more that was non-Indians or half- 
blood or less, who outnumbered the full blood, 
all of these totaled about 11,000, and there 
were only 18,000 on the entire Roll; so, there 
was only 9,000 above One-half blood. That’s 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
the reason, they lost control; the FULLBLOOD 
lost control. That’s what we’re fighting, this 
blood quantum, trying to get back and let the 
people control because under the old Constitu-
tion, you’ve lost before you ever started. There 
were three FREEDMAN bands that would out-
number you today as citizens. So, if we want to 
keep the INDIAN in control, we’ve got to take 
a good look at this thing and get us a Constitu-
tion that will keep the Creek Indian in Con-
trol.’’. 
(42) On October 6, 1979, the Creek Nation 
held an election to formally adopt the 1979 Con-
stitution and replace the 1867 Constitution. 
(43) Section 503 of the Oklahoma Indian Wel-
fare Act (25 U.S.C. 5203), in effect since 1979, re-
quired the participation of at least 30 percent of 
‘‘those entitled’’ to vote, or the results of the election 
are invalid. 
(44) The total number of ‘‘entitled’’ voters that 
Creek officials identified prior to the 1979 constitu-
tional referendum did not include Creek Freedmen 
in an apparent effort to meet OIWA election re-
quirements. Creek Freedmen and their descendants 
were denied the right to vote on the 1979 Constitu-
VerDate 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
tion and therefore did not vote on the 1979 constitu-
tion. 
(45) Upon the dubious ratification of the 1979 
Constitution, the Creek Nation illegally declared that 
all Freedmen were not entitled to Creek citizenship 
and would no longer be recognized as nor allowed to 
be citizens of the Creek Nation. 
(46) Thousands of Creek Freedmen descend-
ants have been denied their Creek citizenship rights 
in a bold violation of the Treaty of 1866. 
(47) In violation of the Treaty of 1866, the 
13th Amendment to the United States Constitution, 
the Principal Chiefs Act of 1970, and the Oklahoma 
Indian Welfare Act, Creek Freedmen have been ille-
gally barred from participating, as voters and can-
didates, in every Creek election from 1979 through 
the present. 
(48) Currently, the Creek Nation operates 
under a Principal Chief elected in violation of the 
1970 Principal Chiefs Act and Treaty of 1866, and 
a National Council constituted without Creek Freed-
men representatives, in violation of the Treaty of 
1866. 
(49) Since 1979, thousands of Creek Freedmen 
have continuously attempted to assert and regain 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
their full citizenship rights by formally applying for 
Creek citizenship only to be completely ignored or 
summarily rebuffed. Oftentimes Freedmen appli-
cants would be informed of their denial via a form 
letter from the Creek Nation, which would include 
some version of the following language, taken from 
a May 31, 2002, letter from the Creek Nation to a 
Creek Freedman applicant: 
‘‘We are returning your letter and any 
other documents submitted for enrollment into 
the Muscogee (Creek) Nation because in check-
ing the Dawes Commission Rolls, your ances-
tors were enrolled on the Creek Freedmen 
Rolls. If you will note from the copy you sub-
mitted there is no blood quantum listed because 
they are not Creek by Blood. When slavery was 
abolished following the Civil War, Treaties were 
negotiated with the Five-Civilized Tribes; the 
Choctaw, Cherokee, Chickasaw, Creek and Sem-
inole Nations. The treaties conferred citizenship 
in the Tribes on the negroes who had been held 
in slavery by the Tribes. Such citizens were re-
ferred as ‘Freedmen’.’’. 
(50) A Creek Freedmen Indians or African/ 
Black Creek Indians association was organized and 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
continues to work to preserve the unique identity of 
members of the Muscogee Creek Indian Freedmen 
Band Association, and to protect the history, legacy, 
rights, and dignity of the thousands of Creek Freed-
men Indians. 
(51) Beginning in 2004, 2 Creek Freedmen liti-
gated the issue of Creek Freedmen citizenship within 
the Creek Nation court in Johnson and Graham v. 
Muscogee (Creek) Nation of Oklahoma Citizenship 
Board, CV 2003–54. 
(52) The Creek Freedmen contended that they 
and all Creek Freedmen were eligible for citizenship 
in the Creek Nation pursuant to the Treaty of 1866, 
the Muscogee (Creek) Nation Constitution, and the 
Creek Nation Citizenship Code. 
(53) In its March 27, 2006, opinion, the Creek 
Nation District Court declined to reach the sub-
stantive issues related to the Treaty of 1866. In-
stead, the court found that the Citizenship Board 
did not follow Creek Nation law, which mandated 
that the Citizenship Board process the citizenship 
applications of the Creek Freedmen. 
(54) On or about April 13, 2006, the Citizen-
ship Board refused to comply with the Creek Na-
tion’s District Court order to process the Creek 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
Freedmen’s citizenship applications. On November 
2, 2007, the Creek Nation Supreme Court unani-
mously reversed the district court decision and re-
fused to rule on the applicability of the citizenship 
provisions of the Treaty of 1866. 
(55) The manner in which the Creek Nation is 
conducting the relationship between the United 
States and the Tribal entity is not in the best inter-
est of the United States Government or the citizens 
of the Creek Nation, and violates existing treaties 
and laws governing the relationship between the 
United States Government and the Creek Nation. 
(56) The Creek Nation’s current refusal to rec-
ognize the citizenship rights of Creek Freedmen and 
to deny to Creek Freedmen all rights, privileges, 
protections, and benefits arising from citizenship in 
the Creek Nation equally and on the same basis as 
all other Creek Nation citizens, including, without 
limitation, the right to vote in Creek Nation elec-
tions, the right to run for and hold Creek Nation of-
fice, and the right to receive funds and benefits 
available to all others in violation of the treaty rights 
extended to the Creek Freedmen in a treaty agree-
ment between the United States and the Creek Na-
VerDate 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
tion in the 1866 Treaty and the 13th Amendment 
to the United States Constitution. 
(57) The Creek Treaty of 1866 guarantees the 
Creek Freedmen the right to full and equal citizen-
ship in the Creek Nation. 
(58) The Creek Freedmen are legally indistin-
guishable from other citizens of the Creek Nation 
pursuant to the Creek Treaty of 1866. 
(59) As equal citizens of the Creek Nation, the 
Creek Freedmen descendants are entitled to all 
rights, privileges, protections, and benefits arising 
from citizenship in the Creek Nation equally and on 
the same basis as all other Creek Nation citizens, in-
cluding, without limitation, the right to vote in 
Creek Nation elections, the right to run for and hold 
Creek Nation office, and the right to receive funds 
and benefits available to Creek Nation citizens. 
(60) No Federal statute or superseding treaty 
has modified the Creek Freedmen descendants’ citi-
zenship rights as granted in the Creek Treaty of 
1866. 
(61) No amendment to the Creek Nation Con-
stitution has modified nor could modify the citizen-
ship rights of Creek Freedmen, because those rights 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
(65) The Creek Nation has received and con-
tinues to receive Federal funding distributed by the 
Department of the Interior for the benefit of indi-
vidual Creek Nation citizens. The Department of the 
Interior has knowledge that the Creek Nation dis-
tributes funds under these Federal programs in a 
discriminatory manner by excluding Creek Freedmen 
from participation in and receipt of the benefits of 
the programs by virtue of their status as Creek 
Freedmen. 
SEC. 2. SEVERANCE OF RELATIONS WITH THE CREEK NA-
TION. 
(a) IN GENERAL.—The United States hereby severs 
all relations with the Creek Nation, including all financial 
obligations or otherwise, until such time as the Creek Na-
tion meets all of its treaty obligations and other Federal 
statutory obligations (including all obligations under the 
Treaty of 1866, the Principal Chiefs Act, holding elections 
for Tribal leaders that are in compliance with the Act, and 
has restored the rights of all Creek Freedmen disenfran-
chised from the Creek Nation), as determined by a final 
certification under subsection (d). 
(b) COMPLIANCE WITH THE REQUIREMENTS OF THE 
ACT.—The Secretary shall coordinate with all depart-
ments and agencies of the Federal Government to ensure 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
that every effort is being made by the Federal 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 
annually thereafter until the final certification under 
subsection (d), all departments and agencies of the 
Federal 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 Creek Nation; and 
(B) the efforts undertaken by the depart-
ment or agency to comply with the require-
ments of this Act. 
(2) STATUS REPORTS.—Until the Secretary cer-
tifies to Congress that the Creek Nation is in com-
pliance with its treaty obligations, the Secretary 
shall submit monthly public reports to Congress on 
the status of the Federal Government’s efforts to en-
sure that all departments and agencies of the Fed-
eral Government are in compliance with the require-
ments of this Act. 
(3) OTHER
FREEDMAN
INDIANS.—Not later 
than 6 months after the date of the enactment of 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
this Act, the Secretary shall issue a public report to 
Congress on the status of Freedmen in the Creek, 
Choctaw, Chickasaw, Creek, and Seminole Nations 
of Oklahoma. The report shall address whether each 
of those Indian Tribes is in compliance with all trea-
ty obligations and Federal laws with respect to its 
Freedmen members, the level of participation of its 
Freedmen members in Tribal leadership positions, 
Tribal benefits received by its Freedmen members, 
and previous or current efforts on the part of those 
Indian Tribes to disenfranchise its Freedmen mem-
bers. 
(d) CONGRESSIONAL
CERTIFICATION.—After the 
Secretary has certified to Congress that the Creek Nation 
is in full compliance with all its treaty obligations and 
Congress approves the Secretary’s certification by a vote 
taken on a concurrent resolution certifying that the Creek 
Nation is in full compliance with its treaty obligations, the 
final certification of the Creek Nation’s treaty compliance 
shall take effect. 
SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OP-
ERATIONS. 
(a) IN GENERAL.—The Creek Nation’s authority to 
conduct gaming regulated under the Indian Gaming Regu-
latory Act and to administer any funds from such gaming 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
are suspended until such time that the Creek Nation is 
in compliance with all treaty and other obligations with 
the United States by a final certification 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. NONCOMPLIANCE. 
(a) RECERTIFICATION.—If, after a certification 
under section 2(d), the Secretary certifies to Congress that 
the Creek Nation is not in full compliance with its treaty 
obligations or Federal statutes that govern its relations 
with the Federal Government, the provisions of section 
2(a) through (c) shall apply until Congress recertifies full 
compliance under section 2(d). 
(b) PRIVATE ACTION.—Any Creek Freedmen shall 
have a private right to bring actions for injunctive relief, 
declaratory relief, or monetary damages against the Creek 
Nation of Oklahoma, officials of the Creek Nation of Okla-
homa, or Federal officials for noncompliance 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 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS
courts shall have exclusive jurisdiction over actions 
brought under this subsection. 
SEC. 5. DEPARTMENT OF JUSTICE. 
(a) AG FINDING.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General 
shall issue a finding on whether the Federal civil rights 
of the Creek Freedmen have been violated by the Creek 
Nation, the Department of the Interior, or both. 
(b) PRIVATE RIGHT
OF ACTION.—Any Freedmen 
may bring a private right of action in a court of competent 
jurisdiction to compel the Attorney General to investigate 
Federal civil rights violations and provide a determination 
of whether a violation has occurred within 180 days of 
submitting a complaint to a court describing the violation 
in writing. 
SEC. 6. GAO REPORT ON EXPENDITURE OF FEDERAL 
FUNDS. 
On October 1 of each year, the Government Account-
ability Office shall issue a public report to Congress on 
the following: 
(1) For each of the 5 fiscal years ending imme-
diately before the report, the Creek Nation’s expend-
iture of all Federal funds. 
(2) An analysis of Federal funds allocated by 
the Creek Nation’s leadership for its member bene-
VerDate 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
fits and services and for administrative and other 
purposes. 
(3) A determination of whether or not the 
Creek Nation is in full compliance with all Federal 
regulations and laws regarding the management and 
disbursement of Federal funds. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) CREEK NATION.—The term ‘‘Creek Nation’’ 
means the Muscogee (Creek) Nation of Oklahoma. 
(2) CREEK FREEDMEN, FREEDMEN, AND BLACK 
CREEKS.—The terms ‘‘Creek Freedmen’’, ‘‘Freed-
men’’, and ‘‘Black Creeks’’ means individuals who 
can trace their ancestry to individuals listed on the 
1906 Dawes Commission Rolls for the Creek Freed-
men. 
(3) OTHER
FREEDMAN
INDIANS.—The term 
‘‘Other Freedmen Indians’’ means individuals who 
can trace their ancestry to the 1906 Dawes Commis-
sion Rolls who are members of the Choctaw, Chicka-
saw, Muscogee (Creek), and Seminole Nations. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
Æ 
VerDate Sep 11 2014 
01:50 Apr 03, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H1514.IH
H1514
SSpencer on DSKBBXCHB2PROD with BILLS