Texas Band of Choctaw Indians

April 23, 2001

Assistant Secretary of Indian Affairs
United States Department of the Interior
Bureau of Indian Affairs
Branch of Acknowledgment and Research
Mail Stop 2611-MIB
1849 C Street N.W.
Washington, D. C. 20240.

 

To Whom It May Concern:

"A Resolution of the Choctaw Business Committee"

Section 1. Authority

By the authority vested in the Choctaw Business Committee through action of the General Assembly of 19 June 1999 and authority granted in Articles § 6.7.a-b & § 8.12.a of the Constitution of the Texas Band of Choctaw Indians of the Mount Tabor Community, we hereby submit this resolution as our official letter of intent to petition for Federal Acknowledgment as an American Indian Tribe, pursuant to 25 CFR § 83.7.

Section 2. Affiliation and Previous Submission

Further, this organization known as the Texas Band of Choctaw Indians of the Mount Tabor Community shall also be referred to as the Texas Band of Choctaw Indians or Texas Choctaws. We have been affiliated with the Texas Cherokees and Associate (Affiliate, Associated) Bands from 1871-1999. Additionally, this is our second submission of a letter of intent. The Department of the Interior, although acknowledging receipt, never recognized our first attempt on 8 August 1990 under the name of Texas Band of Cherokee, Choctaw and Chickasaw Indians, Inc., as it was only signed by the Chairman. However, since then, another group whose Chairman was the only signator, was accepted in 1992 under the name Sandy Lake Band of Ojibwe. This change of the name of the band was not approved by the General Assembly and by virtue of this, in 1992 the name was again Texas Cherokees and Associate Bands. It remained such until the General Assembly of 1999. At such time, it was agreed upon, after several years of debate, "the community had evolved into a Choctaw group". The Choctaw part of said "associate bands" having maintained a tribal community in Texas along with our Cherokee relatives from historical times to present.

Section 3 Previous Acknowledgment

Further, previous recognition of the group as an "associate band" of the Texas Cherokees and Associate Bands has been as follows: (1) Republic of Texas by treaty February 23, 1836 as a part of the Texas Cherokees and Twelve Associated Tribes. (2) Republic of Texas 1837 as Yawani Choctaws in Indian census data. (3) Republic of Texas misc. correspondence 1838-1843. (4) Republic of Texas by treaty on September 29, 1843 as a part of the Texas Cherokees, (ratified by the Congress of the Republic of Texas on February 9, 1844). (5) Republic of Texas by treaty in October 1844 as a part of the Texas Cherokees. (6) Republic of Texas by Articles of Agreement in 1845 as a part of the Texas Cherokees. (7) 1871 as a part of litigation in connection with the Texas Cherokees and Associate Bands. (8) 1914 as a part of litigation in connection with the Texas Cherokees and Associate Bands. (9) 1920 as a part of United States Supreme Court briefs in connection with the Texas Cherokees and Associate Bands. (10) 1948 as a part of litigation before the Indian Claims Commission in connection with the Texas Cherokees and Associate Bands. Continued recognition of the Band by the government of the United States of America is demonstrated through the appointment of W.W. Keeler as Principal Chief of the Cherokee Nation of Oklahoma by President Harry S. Truman. This while Keeler was also serving as Executive Committee Chairman of the Texas Cherokees and Associate Bands.

Attempts at resolution of the acknowledgment question in Texas as a state entity through consultations with then Texas Governor Mark White, ended when with the dissolution of the Texas Indian Commission. Again, the Alabama-Coushatta and Tigua tribes were granted federal acknowledgment following that dissolution, but not the TCAB or our associated Choctaw people with no consultations between the TCAB and the Bureau of Indian Affairs.

Additionally, enrollment of community members with the Choctaw Nation from 1895-1909 proved nearly impossible with the only descendants enrolled being a party to the case of William C. Thompson et al vs. Choctaw Nation. The Dawes Commission or Choctaw authorities as evidenced by correspondence and appeals of community descendants apparently lost other applications. This resulted in the disenfranchisement of at least forty-two Texas Choctaws. The data from these cases clearly demonstrated that a group of Choctaws was residing in Smith County, Texas, where their descendants remain today.

Section 4 Reserve Authority

Further, that although we are submitting this resolution as a letter of intent to petition the United States Department of the Interior, Bureau of Indian Affairs-Branch of Acknowledgment and Research as an American Indian tribe pursuant to 25 CFR § 83.7; we hereby reserve the right to pursue acknowledgment through other avenues. Such being but not limited to, the Congress of the United States of America, Presidential Executive Order, adoption into another federally recognized tribe or through the United States Court of Claims based upon previous unambiguous recognition by the Republic of Texas and its successor government the United States of America and apparent discrimination by the Bureau of Indian Affairs or its representatives.

Section 5. Summary of Letter of Intent and Approval

Therefore, since this is the second submission of a letter of intent petition; (a copy of the first letter of 8 August 1990 is attached): "Be it known that we the Choctaw Business Committee, by the authority granted by the General Assembly on 19 June 1999 and thereby representing the interests and needs of the Texas Band of Choctaw Indians of the Mount Tabor Community, do hereby submit this resolution as another official letter of intent to petition for Federal Acknowledgment as an American Indian Tribe" this 23rd day of April 2001.

 

 

Texas Band of Choctaw Indians

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