Cherokee Nation Principal Chief Chuck Hoskin Jr. recently called on Congress to restore a federal law requiring the Cherokee Nation’s consent before other tribes, specifically the United Keetoowah Band, can place land into trust within its reservation.
The policy theoretically would nullify the UKB’s recent attempt to improve economic development for their tribe, specifically reopening a casino that closed after disputes with the CN over jurisdiction.
Hoskin argues that the UKB is misrepresenting its historical authority and treaty rights, which he says belong solely to the Cherokee Nation, the exclusive party to treaties with the U.S., including the Treaty of 1866.
There’s a long history between the Cherokee Nation and the UKB that dates back centuries.
The disagreement between the Cherokee Nation and the UKB over tribal sovereignty is rooted in complex political, legal and historical developments.
The Cherokee Nation claims uninterrupted sovereignty, while the UKB traces its recognition to 1950 but includes descendants of “Old Settlers,” which are Cherokee families who migrated west and formed their own government before forced removal in the 1830s.
The U.S. government has previously declared the Cherokee Nation and the UKB as successors in interest to Cherokee Land, along with the Eastern Band of Cherokee Indians. This is despite opposition from the Cherokee Nation and years of legal wranglings.
Historical Consultant and Cherokee Nation Citizen Watson Harlan disagrees with Hoskin Jr.'s characterization of the UKB in his request.
“Essentially, what it's doing is is that it's trying to paint the United Keetoowah Band as an illegitimate group of Cherokees when that's not the case and never has been,” Harlan said. “It's never been a matter for debate historically whether or not the people that comprise the UKB are Cherokee or not.”
An opinion earlier this year by former President Joe Biden's Department of the Interior decided that “Cherokee land is UKB land.” However, that opinion and all other M-opinions were suspended by Donald Trump's administration.
After the M-opinion was originally released, UKB Congressional Delegate Tori Holland described to Public Radio Tulsa what it’s like going against the CN as a UKB citizen.
“It’s very much a David and Goliath situation.” Holland said.
Fox 23 recently reported that Oklahoma U.S. Senator Markwayne Mullin, who is a Cherokee Nation citizen, has drafted legislation which would give all jurisdiction and gaming rights within Cherokee land to the CN.
Harlan said that proposing federal legislation before talking to the UKB is poor form.
“If there are truly, real issues with the United Keetoowah Bands desire to have a gaming compact, or their desire to want to expand their law enforcement capacities, that's a conversation to have with them, rather than immediately jumping to trying to strip them of their legal authorities via the federal government.”
The Cherokee Nation withdrew from the Cherokee Tri-Council, which is a council of the three Cherokee groups, last year after a unanimous vote by tribal lawmakers.
