from exercising any control ourselves by the fact that we do not have the financial capability to exploit the resources, and the regulatory control exercised by the Federal Government makes it too cumbersome for us to deal with the river's resources. We have not been compensated for our interest in the Arkansas River. We are asking that the Secretary of Interior be given the authority to negotiate for the lease or sale of interest in the river bed, Passage of the Bill would open the way for an agreement--an agreement which would give the Tribes capital funds with which to build a sound financial future for the Cherokee people through the sale or lease of the river bed to the United States. Further inaction or delay, in effect, results in the taking of our interest in property without just compensation which, as you know, is prohibited by the Constitution. Now that the ownership of the bed and banks of the Arkansas has been settled by the U.S. Supreme Court, after all these years of mistaken belief, we have the responsibility and you have the responsibility to work out a means whereby we will uphold the integrity of the laws of this Nation and our form of government which provides a way for an equitable Not only equity and justice, but the Constitution itself demands that action be taken in this direction. This Bill provides the most logical and workable method of reaching such an agreement. The tribal government of the Cherokee Nation has worked long and hard to establish our ownership of the bed and banks of the Arkansas. We are continuing to seek an agreement with the government which will provide a source of revenue that will enable us to have a fair and reasonable standard of living for our people. Our tribal government is strong and active and is in the process of establishing numerous programs and projects that will benefit our people by supplementing the limited services available to them through various governmental agencies. Many of our people are poor. Even though Cherokees are a small percentage of the total population within the area once know as the Cherokee Nation, a larger percentage of our population is below the poverty level. Specifically, about 50% of Cherokee families have income below poverty level. As much as 70% of the unemployed within the area are Indian. Many available services offered by state and federal agencies and by our own government never reach the ones who need them most. Over 80% live in rural areas. Their isolation compounds the problems of poverty, unemployemnt, substandard housing, health care and education. Ther Cherokee tribal government has formulated plans which seek to alleviate the problems of the Cherokees through development of tribal resources. We are now working on programs involving adult education, transportation, training for jobs and others. We have also emphasized economic development. Through investment in existing industry and by attracting new industry to the area, we will significantly aid in the creation of jobs and general stimulation of the economy in Northeastern Compensation for our interest in the Arkansas River will enable us to implement new programs and expand existing ones, with the advancement of the Cherokee people in mind. On behalf of the Cherokee Nation, I ask you for the legislation, that is S.B. 660, as a means to initiate the agreement by authorizing the Secretary of Interior to enter into this agreement with just compensation to the Tribes as the end. Let me reiterate, further inaction is effectively taking our property without just compensation. I want to thank you for allowing me to make this presentation in behalf of the Cherokee Nation. I cannot stress enough how important this legislation is to our tribes and all of the people in Oklahoma. Senator BARTLETT. Mr. Chairman, I would like to make a brief statement to the chiefs and to Mr. Wilcoxen for appearing. I think they have inserted their statement in the record and we are happy to have them. Some important points were brought out. As Mr. Wilcoxen pointed out, this bill establishes two or three very important parameters other than negotiation which were not only facilitated but cites those parameters which have been agreed upon between the previous administration and the tribes. These three tribes have agreed themselves and they are ready to act. So obviously this bill would facilitate the negotiations and if the bill were not passed and the contents of the bill were set-aside, then the three tribes would be back at that starting point. You have been delayed for a year and a half and you have been kicked around. It is culminated with last night's episode at 7:30. There is ample reason for the Congress to act very quickly and pass this legislation and also for the trustees to begin negotiations immediately in the spirit of this bill. This will certainly fulfill the commitment that was made to you previously and of which you are deserving. I thank you for being here. Chairman ABOUREZK. We thank you all. The written testimony of C. David Gardner will be entered into the record at this point. [Mr. Gardner's prepared statement follows:] EXECUTIVE OFFICE OF Principal Chief, Choctaw Nation Box 59 Burant, Oklahoma 74701 Testimony of C. David Gardner, Principal Chief, Choctaw PHONE 924-8280 Mr. Chairman and members of the committee and Senator Bartlett, I appreciate the opportunity to appear before this committee to |