The U.S. Department of the Interior's legal opinion allows the United Keetoowah Band of Cherokee Indians (UKB) to build a casino in Tahlequah.
The memorandum’s central finding is the latest twist in a battle over jurisdiction between the two Cherokee tribes.
In 2012 the Department of Interior granted the UKB’s fee-to-trust application, so the tribe could build a casino within the Cherokee Nation. The Cherokee Nation later challenged that approval in federal court.
The court ruled that the land could be placed into trust, but did not sufficiently conclude that it could be used for gaming.
After the 2020 McGirt v. Oklahoma decision reestablishing tribal lands, the UKB rescinded its application and retried based on McGirt.
In a Friday memo, the Department of Interior sided with the UKB, ruling that the Cherokee Nation’s reservation also belongs to the UKB.
“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 memorandum reads.
As such, the UKB will now be allowed to build a casino in Tahlequah. The UKB celebrated its win.
“This is a victory for righteousness and justice,” said Chief Jeff Wacoche, UKB. “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.”
Officials for the tribe say they want to work with their fellow Cherokees.
The Cherokee Nation says the decision is unfounded. Principal Chief Chuck Hoskin Jr. panned the opinion in a lengthy statement, arguing that the UKB should not have authority on the reservation.
“But the truth remains: the Cherokee Nation has sovereign authority and exclusive tribal jurisdiction over our 7,000 square-mile Reservation in Oklahoma,” Hoskin Jr. said in a statement. “We look forward to working with the members of our congressional delegation to ensure this ill-advised opinion is not implemented.”
Hoskin Jr. said he will engage with Oklahoma’s congressional delegation to reverse the decision.
