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 public 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-CHAVEZ@cherokee.org • 918-207-3961
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 public 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 STAFF REPORTS
04/20/2015 04:00 PM
WASHINGTON – On April 16, the National Park Service announced the awarding of eight Native American Graves Protection and Repatriation Act grants totaling $74,348, which will assist in the repatriation of individuals and sacred objects, objects of cultural patrimony and funerary objects back to the tribes. “The work funded by these grants is a step toward addressing past violations of the treatment of human remains and sacred objects of native peoples, while restoring the ability of American Indian and Native Hawaiian peoples to be stewards of their own ancestral dead and cultural heritage.” said National Park Service Director Jonathan B. Jarvis. Enacted in 1990, NAGPRA requires museums and federal agencies to inventory and identify Native American human remains and cultural items in their collections, and to consult with culturally affiliated Indian tribes, Alaska Native villages, and Native Hawaiian organizations regarding repatriation. Section 10 of the Act authorizes the Secretary of the Interior to award grants to assist in implementing provisions of the Act. The award recipients include the Native Village of Barrow in Arkansas, the Regents of the University of California, Smith River Rancheria in California, Bay Mills Indian Community in Michigan, Saginaw Chippewa Indian Tribe of Michigan, The Chickasaw Nation in Oklahoma and Sweet Briar College in Virginia.
BY JAMI MURPHY
Reporter
04/17/2015 04:30 PM
TAHLEQUAH, Okla. – According to campaign disclosure reports released on April 15, Principal Chief Bill John Baker has raised more than $830,000, which is more money than all other candidates combined, including two Tribal Councilors who are no longer campaigning for seats. According to the Cherokee Nation’s Election Commission, the first campaign disclosure report was due April 15. A report consists of a beginning campaign fund balance and ending balance. Also included are contribution amounts, in-kind donations, loans, expenditures and advertising statements. Of those running for principal chief, Baker raised the most with $815,054.77 in monetary donations and $17,262.22 in in-kind donations for at total of $832,316.99. He loaned his campaign $4,220 bringing the balance to $836,536.99. After expenditures, his ending balance was $434,934.41. According to the disclosure reports, all other candidates combined raised $572,488.69. Included in that total is Tribal Councilor Cara Cowan Watts, who campaigned for the principal chief seat but did not file to run, and Tribal Councilor Julia Coates, who the EC and CN Supreme Court ruled ineligible to run for the deputy chief seat because she didn’t meet residency requirements. Former Principal Chief Chad Smith received $92,850 in monetary donations and no in-kind donations. He loaned his campaign $10,072.97 bringing the balance to $103,780. After expenditures his ending balance was $50,120.64. Former CN Community Services Group Leader Charlie Soap raised $30,400 while loaning his campaign $7,565.46, bringing his balance to $37,965.46. After expenditures his ending balance was $24,943.56. State Rep. Will Fourkiller’s contributions totaled $10,800. He loaned his campaign $3,153.67 for a balance of $13,953.67. After expenditures his ending balance was $8,538.49. Cowan Watts raised $71,429 in direct contributions and $8,086.99 in in-kind donations for $79,515.99. She loaned her campaigned $50,013.87, which includes direct expenditures, according to the disclosure report. After expenditures her total came to $23,410.88. Also, according to her report, she returned several contributions. In the deputy chief race, incumbent S. Joe Crittenden raised $77,250 with $10,606.50 in in-kind donations. Crittenden loaned his campaign $2,255 making his total revenues $90,111.50. His ending balance for the campaign was $52,517.92 after expenditures. Tribal Councilor Lee Keener totaled $8,450 in direct contributions with $942.27 in in-kind donations for a total of $9,392.27. He loaned his campaign $1,272. After expenditures, his campaign fund was $6,519.97. Coates raised $10,200 with no loans to the campaign. Her ending campaign balance was $0 after expenditures. The Supreme Court on April 13 affirmed the EC’s ruling that stated Coates did not live within the tribe’s jurisdiction 270 days before the June 27 general election, which is required for a deputy chief candidate. To view any candidate’s disclosure report click the links below. <strong>Principal Chief Candidates</strong> <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_allbjbakerfinancials_april.pdf" target="_blank">Click here to view</a> Bill John Baker's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_csmithfinancials_april.pdf" target="_blank">Click here to view</a> Chad Smith's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_csoapfinancials_april.pdf" target="_blank">Click here to view</a> Charlie Soap's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_wfourkillerfinancials_april.pdf" target="_blank">Click here to view</a> Will Fourkiller's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_ccwattsfinancials_april.pdf" target="_blank">Click here to view</a> Cara Cowan Watts' campaign financial disclosure report. <strong>Deputy Chief Candidates</strong> <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_sjcrittendenfinancials_april.pdf" target="_blank">Click here to view</a> S. Joe Crittenden's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_lkeenerfinancials_april.pdf" target="_blank">Click here to view</a> Lee Keener's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_jcoatesfinancials_april.pdf" target="_blank">Click here to view</a> Julia Coates' campaign financial disclosure report. <strong>Tribal Council Candidates</strong> <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_banglenfinancials_april.pdf" target="_blank">Click here to view</a> Buel Anglen's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bberryfinancials_april.pdf" target="_blank">Click here to view</a> Brian Berry's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bgirtyfinancials_april.pdf" target="_blank">Click here to view</a> Brandon Girty's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bkmccoyfinancials_april.pdf" target="_blank">Click here to view</a> B. Keith McCoy's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bmckeefinancials_april.pdf" target="_blank">Click here to view</a> Benjamin McKee's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bswimmerfinancials_april.pdf" target="_blank">Click here to view</a> Betsy Swimmer's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_bwarnerfinancials_april.pdf" target="_blank">Click here to view</a> Bryan Warner's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_cbunchfinancials_april.pdf" target="_blank">Click here to view</a> Corey Bunch's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_dlayfinancials_april.pdf" target="_blank">Click here to view</a> Dick Lay's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_dmatlockfinancials_april.pdf" target="_blank">Click here to view</a> Darell Matlock Jr's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_dpatzkowskifinancials_april.pdf" target="_blank">Click here to view</a> Dora Patzkowski's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_dreedfinancials_april.pdf" target="_blank">Click here to view</a> Deb Reed's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_dwalkingstickfinancials_april.pdf" target="_blank">Click here to view</a> David Walkingstick's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_kaustinfinancials_april.pdf" target="_blank">Click here to view</a> Keith Austin's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_khollowayfinancials_april.pdf" target="_blank">Click here to view</a> Kenneth Holloway's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_kpkilpatrickfinancials_april.pdf" target="_blank">Click here to view</a> Kathy Kilpatrick's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_lbolinfinancials_april.pdf" target="_blank">Click here to view</a> Linda Bolin's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_lpritchettfinancials_april.pdf" target="_blank">Click here to view</a> Larry Pritchett's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_nfullbrightfinancials_april.pdf" target="_blank">Click here to view</a> Natalie Fullbright's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_pfoxfincancials_april.pdf" target="_blank">Click here to view</a> Pamela Fox's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_rgofffinancials_april.pdf" target="_blank">Click here to view</a> Ron Goff's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_rjordanfinancials_april.pdf" target="_blank">Click here to view</a> Rex Jordan's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_rsierrafinancials_april.pdf" target="_blank">Click here to view</a> Ryan Sierra's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_scrittendenfinacial_april.pdf" target="_blank">Click here to view</a> Shawn Crittenden's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_sjettfinancials_april.pdf" target="_blank">Click here to view</a> Shane Jett's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_tbrownfinancials_april.pdf" target="_blank">Click here to view</a> Trey Brown's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_tjonesfinancials_april.pdf" target="_blank">Click here to view</a> Thomas Jones' campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_wbpearsonfinancials_april.pdf" target="_blank">Click here to view</a> William Pearson's campaign financial disclosure report. <a href="http://www.cherokeephoenix.org/Docs/2015/4/9179_whatfieldfinancials_april.pdf" target="_blank">Click here to view</a> Wanda Hatfield's campaign financial disclosure report.
BY STAFF REPORTS
04/17/2015 02:00 PM
ROLAND, Okla. – After working at the Cherokee Casino Roland for 25 years, Arvil Norman Wolfe has decided to retire. Hoping for some extra money during the Christmas season, Wolfe went looking for a part-time job in 1990, the same time Cherokee Nation opened the doors to its first casino, Cherokee Bingo Outpost in Roland. “Cherokee Nation put an ad in the Southwest Times Record looking for part-time employees,” Wolfe said. “I applied and was hired immediately.” Wolfe was born in Lees Chapel, a small town on the outskirts of Muldrow. He graduated from Muldrow High School in 1956 and currently resides in Dora, Arkansas, with his wife, Alta. He enjoys his family and fishing for large-mouth crappie and catfish. He decided to retire in April because he celebrates 57 years with his wife. They also share the same wedding anniversary of her parents and her sister. “There has been enormous growth since I’ve been with the company. It’s unbelievable, really,” he said. “At this point in history, the Cherokees are really on the move.” Over the years, he has seen the company transform into an economic engine for the area, hiring thousands of people since he was first hired. Wolfe was an employee in 1997 when $1.2 million was spent for additions and an improved ventilation system. He was also there in 2002 for a remodel and in April 2014 when the tribe broke ground on a new, $80 million casino and hotel. “I would like to thank Arvil for his many years of service to our Roland casino and the Cherokee Nation,” said Shawn Slaton, interim CNB CEO. “Arvil is a stellar employee and a great example to all of us. We will certainly miss him. We wish him the best in his retirement and hope he enjoys it fishing.”
BY STAFF REPORTS
04/17/2015 12:00 PM
TAHLEQUAH, Okla. – The Cherokee Nation Election Commission discussed the transportation of ballot boxes on April 14 at the Election Services Office. The EC discussed how it would administer money for gas to individuals who are hired to deliver ballot boxes to each precinct in the jurisdiction. However, the commission wanted more information on credit cards so it tabled discussion until more information was received. The commission voted to approve the precinct official manual with minor cosmetic changes. The manual will dictate the processes used by precinct officials to during the 2015 election. Other action discussed including the approval of past meeting minutes as well as entering into executive session where no action was taken.
BY ASSOCIATED PRESS
04/17/2015 10:00 AM
EDMOND, Okla. (AP) — Chickasaw Nation Gov. Bill Anoatubby (ANNA'-tubby) will be the commencement speaker at the University of Central Oklahoma's spring 2015 ceremony for the College of Education and Professional Studies. The ceremony is scheduled for 3 p.m. May 8 in UCA's Hamilton Field House in Edmond. Anoatubby has served as Chickasaw Nation governor since 1987 and is now in his seventh term in that post.
BY ASSOCIATED PRESS
04/16/2015 02:00 PM
OKLAHOMA CITY (AP) — The National Park Service has announced a $4.103 grant to the Chickasaw Nation of Oklahoma. The grant announced Wednesday is one of eight awarded nationwide under the Native American Graves Protection and Repatriation Act. The act requires museums and federal agencies to inventory and identify Native American human remains and cultural items in their collections, and to consult with culturally affiliated Indian tribes, Alaska Native villages, and Native Hawaiian organizations regarding repatriation. The grants are to assist in the repatriation of individuals and sacred objects, objects of cultural patrimony and funerary objects back to the tribes and others.