The United Keetoowah Band of Cherokee Indians’ casino sign flashes in front of the casino in Tahlequah, Okla. The Bureau of Indian Affairs is considering an application by the UKB to put the casino land into trust. JAMI CUSTER/CHEROKEE PHOENIX

BIA considering UKB trust application

The United Keetoowah Band of Cherokee Indians’ casino sign flashes in front of the casino in Tahlequah, Okla. The Bureau of Indian Affairs is considering an application by the UKB to put the casino land into trust. JAMI CUSTER/CHEROKEE PHOENIX
The United Keetoowah Band of Cherokee Indians’ casino sign flashes in front of the casino in Tahlequah, Okla. The Bureau of Indian Affairs is considering an application by the UKB to put the casino land into trust. JAMI CUSTER/CHEROKEE PHOENIX
BY CHRISTINA GOODVOICE
11/18/2011 02:40 PM
TAHLEQUAH, Okla. – The Bureau of Indian Affairs is considering placing land into trust for the United Keetoowah Band of Cherokee Indians for gaming purposes, but Cherokee Nation officials said they would object to the UKB trust application.

According to a Nov. 4 letter from BIA Acting Regional Director Charles Head to CN Principal Chief Bill John Baker, the bureau’s Eastern Oklahoma Regional Office is considering placing 2.03 acres of fee simple property into trust for the UKB. The UKB casino sits on the property, which is located at 2450 S. Muskogee Ave.

However, CN Attorney General Diane Hammons said the CN would file an objection to the trust application. According to the letter, the CN has until Dec. 3 to do so.

“I do not know of any other federally recognized tribes that have attempted to have land put into trust within our jurisdiction,” she said.

The UKB, which formed under the Oklahoma Indian Welfare Act, has no trust-land base and operates within the CN 14-county jurisdiction.

Although the letter was sent to Baker and CN Real Estate Services on Nov. 4, Baker, Hammons and the Tribal Council didn’t learn of the letter until Nov. 14 due to a delivery error by mailroom staff.

Todd Enlow, CN Leadership executive director, said mailroom workers pick up all certified, registered and express mail from the U.S. Postal Service; electronically checks in the mail; and then delivers the mail to the proper addressee within the Tribal Complex.

“When they received that letter, I’m not sure if it was just accidentally appended to another letter, or if it was accidentally grabbed in the wrong batch,” Enlow said.

The letter was processed in the mailroom on Nov. 7 and delivered on Nov. 8 to the CN Indian Child Welfare Office. After ICW workers opened the letter, they realized the letter was delivered to the wrong department and rerouted it to Real Estate Services on Nov. 10, Enlow said.

He added that the two workers in Real Estate, who have responsibility for viewing such letters, were out on real estate closings on Nov. 10, and all CN offices were closed Nov. 11 for Veteran’s Day. So, Enlow said, nobody in Real Estate saw the letter until the morning of Nov. 14.

Within 20 minutes of the letter being discovered, it was scanned and sent via email to Baker and Hammons, Enlow said.

“Just because of a busy normal day, that email was not noticed by the chief until it was brought to his attention at the council meeting,” he said. “He hadn’t had a chance to go through all of his email. He received it sometime around 11 a.m. on the 14th, but he hadn’t read it yet.”

Tribal Councilors inquired at their meeting on Nov. 14 as to why Hammons wasn’t notified sooner about the UKB trust request.

“It stuns me that nobody has come to us before now with this information. I’m just stunned and I’m upset,” Tribal Councilor Dick Lay said.

Prior to learning of the UKB request, councilors were discussing legislation regarding other tribes possibly requesting trust land within the CN.

“This is pretty serious stuff when another tribe comes within our jurisdiction and tries to put land in trust,” Tribal Council Speaker Meredith Frailey said.

After some discussion, councilors unanimously approved an act addressing “foreign” tribes attempting to place land into trust within the CN. According to the act, the principal chief and his officers would reject any application by a foreign Native American tribe to acquire, transfer or otherwise place land in federal trust status within the CN jurisdictional boundaries unless the principal chief is authorized by a two-thirds vote of the council’s entire membership.

Tribal Councilor Cara Cowan Watts went a step further by emailing Head on Nov. 17.

“Attached you will find the Land into Trust Act passed unanimously at full Cherokee Nation Tribal Council meeting the night of Monday, November 14, 2011,” Cowan Watts wrote.

“Although I have not seen a signed copy from Principal Chief Baker’s office, he assured us publicly he agreed wholeheartedly on the issue and would fight to protect our sovereign borders from foreign Tribes including the United Keetoowah Band (UKB).”

In her email, Cowan Watts referenced the BIA letter and wrote that Nov. 14 was the first time she heard of the UKB application.

“The Cherokee Nation is adamantly opposed to any other tribe putting land into trust within the legal and sovereign boundaries of the Cherokee Nation per the fee patents of 1838 and 1846,” she wrote. “The Cherokee Nation is adamantly opposed to the United Keetoowah Band putting land into trust for any reason within the boundaries of the Cherokee Nation as defined by the highest form of land ownership, our fee patents of 1838 and 1846.”

Cowan Watts also requested all forms of correspondence between any CN official and the BIA, as well as the written process for notification of land into trust.

CN officials said Baker is opposed to other tribes putting land into trust within the CN.

“Chief Baker will always protect and defend the sovereignty of the Cherokee Nation and will aggressively defend the Nation’s boundaries and any encroachment within those boundaries,” Baker’s spokesperson Kalyn Free wrote in a Nov. 16 email to the Cherokee Phoenix.

christina-goodvoice@cherokee.org • 918-207-3825


News

BY ASSOCIATED PRESS
12/21/2014 04:00 PM
FLAGSTAFF, Ariz. (AP) – U.S. Rep. Paul Gosar’s reference to American Indians as “wards of the federal government” has struck a harsh chord with tribal members and legal experts in the days following a discussion about a controversial Arizona land deal that would make way for the country’s largest copper mine. The Arizona Republican was responding to concerns from Phil Stago of the White Mountain Apache Tribe when he made the comment that stunned people at the round-table talk. Stago said the phrase is antiquated and ignores advances made in tribes managing their own affairs and seeking equal representation when it comes to projects proposed on land they consider sacred. “He kind of revealed the truth - the true deep feeling of the federal government: `Tribes, you can call yourselves sovereign nations, but when it comes down to the final test, you’re not really sovereign because we still have plenary authority over you,’” Stago told The Associated Press. Gosar spokesman Steven Smith said that wasn’t the intent of the congressman, whose constituents in the 4th Congressional District include Apache tribes. He didn’t respond to requests to elaborate further. “If that’s what he got out of that, I think it’s misconstrued,” Smith said. “If you look at the work the congressman has done, that’s far from the truth.” Smith said Gosar has been an advocate for strengthening the relationship between tribes and the federal government. He pointed to legislation he sponsored this year that would do so. Gosar held the discussion Friday in Flagstaff with Democratic Rep. Ann Kirkpatrick, who grew up with Stago on Arizona’s Fort Apache Reservation. Dozens of people attended the meeting to discuss land, mining and forest issues with the representatives. One topic they addressed was a proposal to swap 2,400 acres of southeastern Arizona’s Tonto National Forest for about 5,300 acres of environmentally sensitive land throughout the state controlled by a subsidiary of global mining giant Rio Tinto. Stago said the proposal was disrespectful to tribal sovereignty. Gosar said: “You’re still wards of the federal government,” according to the Arizona Daily Sun. While former U.S. Supreme Court Chief Justice John Marshall described tribes’ relationship with the federal government as that of a ward to its guardian in the 1830s, that characterization has long been irrelevant, experts in federal Indian law said. Tribal members once seen as incompetent in the Supreme Court’s eyes became U.S. citizens in 1924, and the Indian Reorganization Act of 1934 pushed the concept of tribal sovereignty and self-determination, said Troy Eid, a Republican and former U.S. attorney in Colorado. Congress maintains control over Indian affairs. However, the Interior Department is moving away from archaic paternalism when it comes to relationships with tribes, a spokeswoman said. The Bureau of Indian Affairs’ website notes the federal government is a trustee of Indian property - not the guardian of all American Indians and Alaska Natives. Eid said the language that defines core concepts of Indian law is old and often ethnically offensive. “Wards of the federal government” is no different, he said. “That’s just not appropriate,” Eid said. “In the heated context of what this represents, it’s especially inappropriate to be resorting to what amounts to race baiting.” The trend has been for tribes to take more control over their affairs while holding the federal government to promises generally born out of treaties. In exchange for tribal land, the government promised things like health care, education and social services in perpetuity for members of federally recognized tribes. Some tribes are taking advantage of federal laws that allow them to prosecute felony crimes and assert jurisdiction over non-Natives in limited cases of domestic violence. They also have the authority to approve trust land leases directly, rather than wait for BIA approval. Sam Deloria, a member of the Standing Rock Sioux Tribe who served for 35 years as director of the American Indian Law Center in Albuquerque, New Mexico, said tribes welcome discussion about policy matters. But when someone makes a comment like Gosar’s, “it doesn’t contribute much to the debate,” he said.
BY ASSOCIATED PRESS
12/21/2014 12:00 PM
CASPER, Wyo. (AP) – The Northern Arapaho tribe has filed a federal lawsuit alleging that proposed Internal Revenue Service rules could cause Native Americans to pay higher insurance premiums or lose health care benefits. Tribal leaders said the recently proposed IRS interpretation of the large-employer mandate would unlawfully exempt Native Americans working for the tribe from receiving tax credits and cost-sharing benefits specifically outlined by new federal health laws. Northern Arapaho Business Council members said the IRS rule would eliminate tribal tax credits for health care benefits and make those earning more than 300 percent of the federal poverty level exempt from cost-sharing provisions that currently cover Native American insurance premiums. “The Northern Arapaho Business Council fully supports what Congress and the president have accomplished with the Affordable Care Act,” said Northern Arapaho Councilman Darrell O’Neal, “but the folks in the agencies have taken a wrong turn in implementing it.” The Northern Arapaho Tribe has about 10,000 enrolled citizens and shares a large reservation in Wyoming, southeast of Grand Teton National Park. It employs more than 600 people. The tribe insures its workers with plans from the federal health insurance marketplace and provides more than 80 percent of premium costs, the Casper Star-Tribune reported. Under the rule, tribal governments and agencies are considered large employers. Those Native Americans employed by the tribes would be subject to provisions of the large-employer mandate. More than 62 percent of Northern Arapaho members live below the poverty line. If approved, the rule would take effect Jan. 1. The rule-making is on hold, awaiting results of the case, filed in the U.S. District Court of Wyoming. The tribe said Congress did not intend the health care legislation to block Native Americans’ benefits and that the IRS rulemaking exposes a rift between legislation and the executive branch. The IRS referred calls to the Department of Justice, which did not immediately respond to a request for comment.
BY ASSOCIATED PRESS
12/20/2014 04:00 PM
ATLANTIC CITY, N.J. (AP) – California’s Pala Indians have launched their Internet gambling site in New Jersey following a test period in November, becoming the first tribe to do so in the state. The Pala Band of Mission Indians received permission from New Jersey gambling regulators for a full launch of the website in a partnership with Atlantic City’s Borgata. PalaCasino.com started taking bets on Nov. 29, Jim Ryan, CEO of Pala Interactive, the tribe’s Internet gambling arm, said. “We had a solid weekend and we have yet to start marketing,” he told The Associated Press. “We believe we are breaking into the New Jersey market at the perfect time.” The tribe’s entry into New Jersey’s online market comes at the anniversary of Internet gambling, which has not produced nearly the amount of revenue state officials had hoped. When it began on Nov. 25, 2013, New Jersey officials were projecting a $1 billion a year industry in its first year. To date, only about one-tenth of that, or $111 million, has been won online by the casinos. The tribe, which runs the Pala Casino and Spa in San Diego County, California, is using one of the Borgata’s online gambling licenses. Like other New Jersey Internet gambling providers, it can only take bets from customers within New Jersey’s borders. It plans to launch an online poker site in the first quarter of 2015. The site’s full debut came days after New Jersey gambling regulators said they had found no evidence Ryan was involved in a 2006 cheating scandal at his previous employer. The report determined the UltimateBet scandal occurred while Ryan was head of Excapsa Software. That firm’s software was used to cheat players by revealing their hidden cards to other users, resulting in losses of nearly $20 million to players. But the software was developed by a different company that predated Ryan’s employment at Excapsa, according to the report. The money was ultimately refunded. The Pala site uses a different platform, Ryan said.
BY STAFF REPORTS
12/20/2014 12:00 PM
TAHLEQUAH, Okla. – Candidates running for office in the 2015 Cherokee Nation General Election can pick up their election packets beginning on Jan. 5 at the Election Services Office. According to an Election Commission press release, the filing period for candidates will begin on March 2, and will continue until 5 p.m. on March 5. If any candidate wishes to withdraw their candidacy he or she may do so 10 days following the close of the filing period, the release states. Seats open are for principal chief, deputy chief as well as Tribal Council districts 1, 3, 6, 8, 12, 13, 14 and one At-Large. Registered voters residing outside the CN jurisdiction who wish to vote by absentee ballot may fill out an absentee ballot request to be processed from Feb. 2 to May 8, the release states. Absentee ballot requests will be available at the Election Services Office and online at <a href="http://www.cherokee.org/elections" target="_blank">www.cherokee.org/elections</a>. Absentee ballots will be mailed out on May 26-27 by the Election Commission. Voter registration will close March 31. To print a voter registration form online visit <a href="http://www.cherokee.org/elections" target="_blank">www.cherokee.org/elections</a> or pick up one in person at the Election Services Office. Citizens can request to have one sent by email or fax. Also, voters with address changes, name changes or any changed information will need to submit a new voter registration application, according to the release. The Election Services Office is from 8 a.m. to 5 p.m. Monday through Friday. It’s located at 22116 S. Bald Hill Road. For more information call 918-458-5899.
BY WILL CHAVEZ
Senior Reporter
12/19/2014 02:42 PM
EUCHA, Okla. – Eucha residents gathered on the evening of Dec. 13 to celebrate the opening of the new Eucha Community Center. The center’s opening was five years in the making after setbacks prevented residents from completing the 50-foot-by-75-foot building, which will be used by the Eucha Indian Organization and community. “We had a lot of problems. The roof blew off twice while we were trying to build it. Some of the guys got dissatisfied and they quit, but some of them stayed on. And then about three months ago I started coming up here and working on the inside of it,” community organizer Tad Dunham said. “We finally got it finished. Actually we got it finished yesterday (Dec. 12).” The center’s opening coincided with the annual Eucha Fire Department Christmas dinner. The fire department and its firefighters are a centerpiece for the community located about four miles west of Jay in Delaware County and about two miles north of Lake Eucha. Dunham said when the lake was built in 1952 the town was moved to its present location. In years past, the fire department, which is next door to the community building, backed its trucks out of the fire station to make room for events. “We always worried about them freezing this time of year because some of the water lines are only an eighth of an inch that go to the gauges and they freeze really quickly,” Dunham said. “Now we don’t have to pull them out. We can use this building (community center), and it just makes everything greater. Plus we have more room in here.” Cullus Buck, EIO chairman and EFD assistant chief, said the center would “mean a lot” because it gives residents a place to meet without using the fire station. “We opened up the fire department many times for family reunions and different things, and now this will take care of that, and we won’t have to worry about our trucks freezing,” Buck said. He said he wants to use the center to keep the area’s Cherokee heritage alive by having craftspeople and others visit to share their knowledge. “I’m going to try to get some beading classes in. My wife, she knows how to (do) that and some basket weaving. We had a guy come up and said he would teach knife (making), and I’ve got a couple of people who are interested in teaching the Cherokee language,” Buck said. He said he appreciates any help the Cherokee Nation could provide in preserving Cherokee heritage in Eucha but believes there are residents qualified to teach the Cherokee language and arts and crafts. The CN’s Community Work Program provided $116,000 to build the center, and the nearby Seneca-Cayuga Tribe in Grove and the Eastern Shawnee Tribe in Wyandotte also provided assistance. The Eastern Shawnee donated the building’s appliances, and the Seneca-Cayuga helped fund the Christmas dinner. “It wasn’t just the Cherokee Nation. Different tribes helped pitch in to get it (community center) done,” Buck said. “There was one point I wanted to give up. We got it all ready to go, had all the trusses up, and they all fell in because we had a tornado right down the road.” Dunham said he believes the building will begin an era in the community because people now have a gathering place for reunions, parties, weddings and funerals. “It’s going to open up the whole area for the community, not just the Eucha community but the surrounding area. It will be a general purpose building for the whole community,” he said. “I want to thank the Cherokee Nation not only for this building, but everything else they do for the community and all the Cherokee people – all the health care they provide, the roads they build – if you look around you can see their mark on about everything in the area, so we really appreciate the Cherokee Nation.”
BY ASSOCIATED PRESS
12/19/2014 12:47 PM
TULSA, Okla. (AP) – The Cherokee Nation has opened a tag office in Tulsa as it makes its license plates available to its citizens across Oklahoma. Principal Chief Bill John Baker says demand is up for Cherokee Nation license plates, so it was necessary to open a Tulsa office so it can deliver tags in a timely manner. The tag office opened Thursday with a ribbon-cutting ceremony. It joins five others - at Adair, Collinsville, Jay, Sallisaw and Tahlequah. The new office is in the Cherokee Nation Welcome Center off U.S. 412. In the last fiscal year, the Cherokee Nation generated $11 million in motor vehicle tag revenue, up $2 million from the earlier year. Funds are used for public schools, road and bridge improvement projects, and law enforcement.