The Department of Interior says the United Keetoowah Band and the Cherokee Nation share the reservation

Photo Courtesy: Keetoowah Cherokee Casino

In an opinion released by Interior, The United Keetoowah Band of Cherokee Indians can now build a casino in Tahlequah.

(TAHLEQUAH, Okla.) A Friday ruling from the Department of the Interior (DOI) Office of the Solicitor was a win for the United Keetoowah Band of Cherokee Indians (UKB), giving them shared jurisdiction on the Cherokee Reservation. 

"The United Keetoowah Band has said for decades that we have concurrent jurisdiction over the reservation and this opinion by the solicitor does confirm what we've been saying all along,” said Tori Holland, the Congressional Delegate for UKB. 

“We are hopeful that we can work with the Cherokee Nation of Oklahoma. We've always tried to extend a hand of cooperation and we're hoping that this now will bring them to the table so that we can collectively work on issues surrounding the reservation."

The ruling chronicles the historic connection between the UKB and the Cherokee Nation dating back to the early 1800’s . Interior Solicitor Robert T. Anderson said that the UKB does have an ownership interest in the Cherokee reservation and is a beneficiary of the rights from the Treaty of 1846 signed by the Cherokee Nation and United States Government. 

“My office has taken more than two years to thoroughly research and analyze the relevant facts and legal precedents while also bringing to bear the Department’s considerable expertise in the area of federal Indian law,” wrote Anderson. He cited numerous legal acts, Cherokee history and federal regulations. 

“This conclusion is based on my findings that 1. UKB has an ownership interest in the Cherokee Reservation as a successor in interest to the Tribal signatory of the Treaty of 1846; and 2. Congress intended for UKB to possess governmental jurisdiction over the Cherokee Reservation when it enacted the Keetoowah Recognition Act,” the ruling read. 

Cherokee Nation Principal Chief Chuck Hoskin Jr. condemned the decision and said it was offensive to the Cherokee people. 

“We plan to ask the courts to correct this wrong interpretation and to follow the well-established historic and legal precedent. But the truth remains: the Cherokee Nation has sovereign authority and exclusive tribal jurisdiction over our 7,000 square-mile Reservation in Oklahoma. We look forward to working with the members of our congressional delegation to ensure this ill-advised opinion is not implemented.”

The UKB will be able to apply to have land on the Cherokee Reservation taken into trust on its behalf. They shall also retain exclusive jurisdiction over it.  The UKB can also choose to build a casino there.

The UKB first submitted a fee-to-trust application for this parcel of land in 2012. That was rejected after being challenged by the Cherokee Nation in federal court. 

A 2020 district court opinion stated that the DOI could take the land into trust, however the department did not provide enough evidence demonstrating that the land was eligible for gaming under the Indian Gaming Regulatory’s Act for “former reservations” in Oklahoma. 

After the Supreme Court’s 2020 ruling in McGuirt vs. Oklahoma, the DOI requested that the Tenth Circuit Court of Appeals vacate its previous decision regarding this issue and allow the DOI to reexamine it under the new ruling, which led to Friday’s decision. 

The UKB government released a statement Friday saying that their Tribe along with the Cherokee Nation are both equal and independent. 

UKB Chief Jeff Wacoche stated, “For too long the UKB has been sidelined by needlessly antagonistic tribal relations. I thank the Department of Interior for this determination, placing our tribe on a renewed path towards prosperity. I want to recognize and thank our Keetoowah brothers and sisters—and our array of supporters and advocates—for tireless work to make this new page of history possible.”