A provision of federal law that jeopardizes the “restricted free” federal status of lands held by five Native American tribes is addressed under legislation introduced by U.S. Rep. Tom Cole (R-OK) on Tuesday.
The Stigler Act of 1947 stipulates that just five Native American tribes — the Chickasaw, Choctaw, Seminole, Creek and Cherokee — will lose “restricted free” status, which exempts them from state taxation, if heirs of those tribes pass out of one-half degree Native American blood.
Cole introduced the Stigler Act Amendment of 2017 with U.S. Reps. Frank Lucas, Markwayne Mullin and Steve Russell, all Republicans from Oklahoma. The bill would remove the one-half Native American blood requirement for those five tribes, creating parity in federal treatment of all tribes.
“Introducing this amendment to the Stigler Act will allow for past precedent to be current with the realities of Native-owned, restricted land,” Cole said. “Many of Oklahoma’s citizens have passed out of one-half blood lineage, but remain vested to their Native American heritage. Removing the one-half blood degree prerequisite and expanding its range to any degree will help preserve the rights and legacy of Native American tribes and their inheritance.”
By waiving the half-blood requirement, which only applied to those five tribes, descendants of the tribes could retain title of tribal lands and their restricted free status.
“The Stigler Act Amendment of 2017 protects the sovereignty and heritage of our Native Americans in Oklahoma,” Russell said. “Through time many of our tribal members have passed out of the blood degree prerequisites allowing taxation of tribal businesses. This bill would fix this issue and allow tribal heritage and sovereignty to continue to grow and thrive in Oklahoma.”