The Keetoowah Cherokee Casino sits along Muskogee Avenue in Tahlequah, Okla. The casino, which is owned and operated by the United Keetoowah Band of Cherokee Indians, is the center of a federal court filing by Cherokee Nation officials on July 23. The filing seeks an injunction and temporary restraining order to prevent Assistant Secretary for Indian Affairs Kevin Washburn and the Bureau of Indian Affairs from placing land on which the casino sits into trust. ARCHIVE PHOTO

CN files injunction against UKB trust land

BY WILL CHAVEZ
Senior Reporter
07/23/2013 02:09 PM
TAHLEQUAH, Okla. – The Cherokee Nation filed a petition on July 23 in federal court in Tulsa for an injunction and temporary restraining order to prevent Assistant Secretary for Indian Affairs Kevin Washburn and the Bureau of Indian Affairs from placing land into trust for the United Keetoowah Band’s casino.

The filing in the U.S. District Court in the Northern District of Oklahoma states the UKB for more than 18 years has operated the “illegal gaming facility” on 2.03 acres located in Tahlequah, which is the capital of the CN and UKB.

“The attempt by the BIA to place land into trust for another tribe or band of Indians in our jurisdiction is contrary to law, and we intend to prove that in court,” CN Attorney General Todd Hembree said. “The Cherokee Nation will do everything in its power to preserve the integrity of our sovereignty.”

State officials in 2004 sued the UKB to cease gaming operations. The case was moved to U.S. District Court a year later. The UKB was able to continue gaming with a federal temporary injunction while the trust issue was resolved. The UKB reached an agreement in 2012 with the state to either cease gaming or have the land taken into trust by July 31, 2013.

The BIA recently notified the CN it would proceed with the UKB’s trust application before the deadline. The notification is what prompted the CN’s July 23 filing.

In 2012, hours before a deadline to cease gaming operations on July 30, UKB officials received word that the Department of Interior had granted trust status for casino land. The BIA operates under the DOI.

A 10-page letter from then-acting Assistant Secretary of Indian Affairs Michael Black stated the evaluation of the UKB request indicates that federal requirements for acquiring the land into trust had been satisfied.

Black added that DOI officials believe the “former reservation” of the CN is the “former reservation of the UKB” and that the “UKB may conduct gaming on this property.”

“Now that we have determined that the former reservation of the Cherokee Nation is also the former reservation of the UKB…the regulatory consent of the Cherokee Nation is no longer applicable,” Black’s letter stated.

According to the Indian Gaming Regulatory Act, tribes may only game on eligible lands within the limits of the tribe’s jurisdiction, held in trust by the United States.

CN officials have said the UKB has no legal ground for trust land within the Nation’s 14-county jurisdiction. Before the July 30, 2012, decision, the CN was appealing a ruling by former Assistant Secretary for Indian Affairs Larry Echo Hawk that granted the UKB trust status on 76 acres south of the casino.

The UKB opened the casino in 1986 and has operated it without federal oversight or a compact with the state for years. In 2000, the UKB obtained an injunction from then-Cherokee County District Court Judge John Garrett that kept law enforcement from imposing gaming law violations on the casino. That injunction was lifted on July 10, 2012, as part of the UKB’s agreement with the state.

On July 21, 2011, the National Indian Gaming Commission ruled the casino land was not Indian land and didn’t qualify for gaming. Less than a month later, the UKB amended a trust application to include the casino property.

In response to last year’s DOI statement, Hembree said the CN has always had “exclusive jurisdiction over” the 14 counties that make up its boundaries. He said the BIA’s belief that the UKB and CN are both predecessors of the CN “brought over here through the forced removal” was troubling because the UKB formed in 1946 under the Oklahoma Indian Welfare Act.

In response to the filing, UKB attorney James C. McMillin said the CN’s request was part of its “never ending quest to destroy its Cherokee brother and sisters.”

“The effect of this injunction, if granted, would immediately throw some 300 Keetoowahs out of work. We trust that the federal court, upon hearing all of the evidence, will decline to issue an injunction and permit the Department of Interior provisionally to take the land into trust,” McMillin said.

will-chavez@cherokee.org


918-207-3961



Click here to view the Plaintiffs' motion for temporary restraining order and/or preliminary injunction.

Click here to view the Plaintiffs' brief in support of motion for temporary restraining order and/or preliminary injunction.

Click here to view the declaration of Todd Hembree in support of plaintiff's motion for injunctive relief.

Click here to view plaintiffs' amended motion for temporary restraining order and/or preliminary injunction.
About the Author
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and pubic relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and pubic relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.

News

BY WILL CHAVEZ
Senior Reporter
10/23/2014 12:45 PM
TAHLEQUAH, Okla. – The North American Indian Court Judges Association recently honored Cherokee Nation District Court Clerk Kristi Moncooyea for her work with the court. Moncooyea, who received the “Court Support Excellence Award,” has served as the only clerk for the District Court for the past 10 years and is “the amiable face that greets everyone who comes to the Cherokee Nation District Court,” a NAICJA statement reads. “Handling the workload of at least three or four clerks all by herself, she handles the extraordinary caseload with great energy and resourcefulness,” the statement reads. “In addition to maintaining the court’s docket and case files, she answers the phone and patiently deals with attorneys, parties, law enforcement officers, and community members on a daily basis.” Moncooyea, who is a CN citizen, said it is “very humbling” to be recognized by the NAICJA. “I consider it an honor and privilege to work in the Cherokee Nation judicial system providing assistance to our Cherokee citizens as well as the general public who require services of the court,” Moncooyea said. “I share this award with the awesome court staff I work with daily who are always there to assist and help make the courthouse a friendly place to come to.” District Court Judge John T. Cripps said Moncooyea is “a role model and inspiration” for tribal court personnel who are often challenged to do a great deal with very little assistance or resources. “She is always courteous and respectful. I can find no one who does not appreciate her work and her abilities. She is the epitome of what a tribal employee should exemplify,” Cripps said. Moncooyea is the first to receive the “Court Support Excellence Award,” from NAICJA.
BY JAMI MURPHY
Reporter
10/22/2014 01:08 PM
TAHLEQUAH, Okla. – The Cherokee Nation’s Election Commission on Oct. 14 voted to remove two voting precincts and limit the time news reporters can shoot inside precincts during elections to five minutes. Commissioners said a precinct in Cookson was added during the Tribal Council’s redistricting process but never opened as a polling place. Commissioner Shawna Calico said a decision was needed on whether to keep Cookson’s polling place or remove it. She said after some research, voters were going to have to drive either north or south around Lake Tenkiller to vote in Cookson. “So this (Keys) is still the central location, so I say we just leave it at Keys (and remove Cookson),” she said. Commissioner Teresa Hart asked how many voters were located in that area and Calico said there were more voters on the Keys side of Lake Tenkiller than the Cookson side. According to an EC report, Keys has more than 500 voters registered and Cookson had a little more than 150. Calico motioned to remove Cookson’s precinct from Dist. 3 and Commissioner Carolyn Allen seconded it. The motion passed with Calico and Allen voting yes and Hart voting no. EC Commissioner Martha Calico was absent. Commissioners also removed the precinct in Paradise Hill and placed it in Gore. EC Chairman Bill Horton said it would be more feasible for voters. “Probably Gore will encompass more local people than Paradise Hill’s got,” he said. Commissioners then approved the revised precinct map, which is to be printed opposite of the voter registration form. Shawna Calico motioned to remove Cookson and Paradise Hill from the precinct map and add Gore as a location. The changes made to the precinct map passed with a 3-0 vote. The EC also changed a policy regarding media coverage at voting precincts. The change limits media access to five minutes in a precinct. EC officials said the new policy models the state’s voting laws. “We took the Oklahoma statutes and what they do and kind of adopted our situation to allow cameras into the election closure and photograph but limit the time so that they wouldn’t disrupt the voting process,” EC attorney Harvey Chaffin said. The policy amendment passed unanimously. The Cherokee Phoenix requested a copy by-laws and the rules and regulations but they are currently not in their “final form” and will not be submitted or published until then. “The Election Commission Rules and Regulations shall be published and transmitted to the Council no later than 90 days before the first day of filing for the election,” EC Administrator Madison Cornett said. She said the rules and regulations would apply, but do not have to be approved by Tribal Council. The by-laws were expected to be approved at the next regular EC meeting.
BY STAFF REPORTS
10/22/2014 11:42 AM
TAHLEQUAH, Okla. – On Oct. 27, parents can begin registering their Cherokee children for the Cherokee Nation Angel Project. CNAP, formerly known as Angel Tree, is a program that allows the public to purchase and donate clothing, toys and other gifts for Cherokee children who live within the 14-county tribal jurisdiction, and who may not otherwise receive gifts during the holiday season, according to a CN press release. “More than 2,200 children received holiday gifts through the program last year,” the release states. To qualify for the program, children must be 16 years of age or younger. Applicants must provide proof of income for all household members over the age of 18. For example, a family of three must not exceed $2,061 in household income per month, and a family of four must not exceed $2,484 per month. Those applying must provide a proof of residency and tribal citizenship card for each child. For more information, please call 918-266-5626, ext. 7720 or 918-458-6900. Applications must be filled out at the following locations from 9 a.m. to 6 p.m. until Nov. 7. <strong>Beginning Oct. 27</strong> Salina: A-Mo Health Center, 900 N. Owen Walters Blvd. Catoosa: Indian Child Welfare Office, 750 S. Cherokee St., Suite O Muskogee: Three Rivers Health Center, 1001 S. 41st St. E. Vinita: Vinita Health Center, 27371 S. 4410 Road <strong>Beginning Oct. 28</strong> Chouteau: Chouteau Public Schools, 521 N. McCracken Collinsville: Victory Cherokee Community Building, 1025 N. 12th St. Nowata: Will Rogers Health Center, 1020 Lenape Drive Pryor: Cherokee Heights Housing Addition, 133 Cherokee Heights Stilwell: Indian Child Welfare Office, 401 S. 2nd Westville: 402 S. Park St. (house across from Westville Junior High) Jay: Cherokee Nation Human Services, 1501 Industrial Park <strong>Beginning Oct. 30</strong> Bartlesville: Housing Authority of the Cherokee Nation, 1003 S. Virginia <strong>Beginning Nov. 3</strong> Tahlequah: W.W. Keeler Complex Financial Resource Building, 17675 S. Muskogee Ave.
BY STAFF REPORTS
10/21/2014 01:06 PM
TAHLEQUAH, Okla. – Three Cherokee communities will host Halloween-related events before and during Halloween. In Marble City, citizens are hosting the “Trail of Terror” to provide a safe but scary fun for those who dare to walk the trail. This is the ninth year for the outdoor event, and it will be held one mile south of Marble City from 7:30 p.m. to 11:55 p.m. on Oct. 24-25. People should follow signs to the Noisey Ranch. Admission is $3 per person. Because the trail is outdoors, no flip-flops are allowed to prevent injuries. It will take 15 to 20 minutes to walk through the trail, which is situated in 10 acres of woods. This year, the eighth grade class at Marble City School is doing a special scene. A volunteer work crew from Haskell Indian Nations University is also assisting with the trail. This year’s big feature is a maze and a psychedelic tunnel, said coordinator Tamara Hibbard. “All the workers are volunteers. We put a lot of blood, sweat, and tears into getting it ready. We just do it for the enjoyment of the people. We never break even with admission,” she said. “Any money that we take goes back for expenses like fuel for the generator, fog juice, fake blood, props and costumes.” A free “Daisy Trail” will be available for small children that will include carnival games and non-scary stuff. For more information, call Hibbard at 918-315-2583. After trick or treating on Halloween, families are invited to the Rocky Mountain Cherokee Community Organization’s “Haunted Trail and Kiddie Carnival” from 6 p.m. to 10 p.m. at the organization’s community building. All activities are free except for the concession stand. Cherokee storyteller Sequoyah Guess will be the guest storyteller. The trail and storytelling will be held behind the community building, weather permitting. Games and concession stand will be held inside. The trail will not be suitable for younger children. Carnival-type games will be set up and suitable for anyone. The Rocky Mountain Community is located off of 100 Hwy. in Adair County, about seven miles west of Stilwell. For more information, call Vicki McLemore at 918-506-0487. The Brushy Cherokee Action Association will host a “Haunted House and Trail” and a hayride from 6:30 p.m. to 9:30 p.m. on Oct. 29-31 at the Brushy Community Center building. Events will last until 11:30 p.m. on Oct. 31. Cherokee Nation staff members Stephanie Buckskin and Mary Owl, along with Brushy volunteers, are building and installing the “Haunted House and Trail.” BCAAA welcomes all residents of Brushy and surrounding communities to the Halloween events. Admission is $2 per person and $10 per family. Concessions will be available. The Brushy Community Center building is located seven miles north of Sallisaw on Hwy 59 on E. 1010 Road. For more information call Gary Bolin at 918-315-7797 or Newton Spangler at 918-575-5998.
BY WILL CHAVEZ
Senior Reporter
10/21/2014 08:05 AM
TAHLEQUAH, Okla. – Cherokee youth from across northeastern Oklahoma were sworn in as Tribal Youth Councilors on Oct. 13 by Cherokee Nation Supreme Court Justice Darrell Dowty. The 17 youth raised their hands and took their oaths of office during the Tribal Council meeting. The TYC will serve a one-year term and gather monthly for a meeting and activities. Activities could consist of a guest speaker, a cultural tour/activity, leadership training or community service projects. “I just think it’s fantastic that we have some up-and-coming leaders. This Youth Council is growing our leaders for the future. I’m very appreciative of the ones who agreed to serve and the staff who are helping them,” Tribal Councilor Tina Glory Jordan said. Tribal Youth Councilor from Kansas, Oklahoma Taylor Armbrister, 15, said he wants to serve on the council because he knows it will offer opportunities for him to better himself along with learning more about his Cherokee culture and heritage. “I just saw an opportunity to better myself. I look forward to doing some community service. It’s always a joy to help people in need,” he said. Along with Armbrister, the Tribal Youth Councilors are Ja-li-si Pittman, 20, of Tahlequah; Haylee Caviness, 17, of Tahlequah; Jacob Chavez, 17, of Tahlequah; Haley Teehee, 17, of Tahlequah; Kaley Teehee, 17, of Tahlequah; Morgan Mouse, 16, of Welling; Ashton Shelley, 17, of Park Hill; Summer Eubanks, 17, of Stilwell; Elizabeth Hummingbird, 17, of Stilwell; Sarah Pilcher, 16, of Westville; Cierra Fields, 15, of Fort Gibson; Blake Henson, 16, of Fort Gibson; Bradley Fields, 15, of Locust Grove; Ashlee Fox, 17, of Bartlesville; Abigail Shepherd, 15, of Ochelata; and Cassidy Henderson, 15, of Welch. The TYC was established in 1989 to provide leadership opportunities for Cherokee youth and to educate youth about the tribal government, culture, history and language. “It’s a wonderful opportunity and a true privilege to serve on the Youth Council,” Principal Chief Bill John Baker said. During the meeting, Baker presented a framed proclamation to former Tribal Youth Councilor and current TYC Coordinator Lisa Trice-Turtle and other former Tribal Youth Councilors. The proclamation honors the 25th anniversary of the council, which officially formed Oct. 14, 1989. Baker read the proclamation, which stated the program has kept “the Cherokee Nation in the forefront of youth programs.” “The Tribal Youth Council strives to promote and protect Cherokee lifeways through community service projects and leadership opportunities, it has made a difference in the lives of hundreds of youth. Now therefore, I, Bill John Baker, Principal Chief of the Cherokee Nation, do hereby proclaim Tuesday, Oct. 14, 2014, as celebrating the 25th anniversary of the Cherokee Nation Tribal Youth Council,” Baker read. Trice-Turtle thanked current and past Tribal Councilors for supporting the TYC. “Some of their children and relatives are now on the Tribal Youth Council or have served on the Tribal Youth Council. We have over 161 former Tribal Youth Council members who are in professional employment for the Cherokee Nation as well as the private sector. I just want to say thank you for supporting our tribal youth programs and keep supporting us,” she said. Hummingbird said she wanted to join the council to be more involved with her nation. “I’m proud of my culture and just love to have this opportunity to learn more about my culture,” she said. She said wants to learn how the Tribal Council operates and what the council does during meetings. A Keys High School senior, Shelley said she believes it’s important for youth to be involved in their nation and to support it because the youth will someday inherit the CN. “I just want to learn everything I possibly can from our elders and just everyone involved with the council,” she said. “I believe this experience will help me go further in life in general, not just in college, but everything.”
BY STAFF REPORTS
10/20/2014 11:50 AM
TAHLEQUAH, Okla. – The Tahlequah Public Schools Foundation is hosting its 2014 Glow Golf Fall Event on Oct. 30 to raise funds for TPS. The event is a four-member team golf scramble with teams teeing off at dusk on the city’s course located at 2200 W. Golf Course Road. Registration for begins at 6 p.m. Sponsorship levels are diamond at $2,500; platinum at $1,000; gold at $500; team at $300 and media at $200. Most packages include four T-shirts, glow golf materials, a flashlight, dinner and drinks. According to its website, the foundation’s mission is to encourage the local community to support the TPS educational system, secure contributions and distribute funds and equipment for the students’ educational benefit. The website states the TPSF was organized in 1989 by concerned citizens who believe Tahlequah’s quality of life and economic development are directly related to the quality of its educational system. It is an independent, nonprofit, charitable organization established to assist the school in improving the quality of education in the district. The foundation is separate from TPS but works closely with the school system and administration. For more information about the golf scramble, call 918-456-3761 or 918-456-1300. Or email <a href="mailto: healthfirstchiropractic@yahoo.com">healthfirstchiropractic@yahoo.com</a>.