Sen. Mullin proposal could strip United Keetoowah Band’s authority on Cherokee land

Senator Markwayne Mullin is filing legislation that could limit what the United Keetowah Band of Cherokee Indians is allowed to do on Cherokee land.

Senator Mullin is a Cherokee citizen, and his proposal would give the Cherokee Nation exclusive authority over the reservation, including gaming, which the UKB says could effectively cripple its tribe.

Finding out about the proposed law

The United Keetoowah Band says it filed a Freedom of Information Act request that came back with the proposal requiring them to get an agreement with the Cherokee Nation to get additional land and get rights on that land.

They say it would also make it impossible for any other tribe but the Cherokee Nation to use land within the reservation for gaming.

"It's very disturbing. First and foremost, the United Keetoowah Band was never notified. We were never consulted. So, to find this out because we asked for information, was very disappointing to begin with. Second of all, it's very shocking and surprising that this is essentially the termination language of a tribe," said Tori Holland, UKB Tribal Council Attorney."

The UKB recently got a gaming ordinance, but since they are not gaming right now, they withdrew a gaming compact with the National Indian Gaming Commission.

The UKB says this proposal ignores a recent case by a federal judge that says the UKB does have a right to lands and trusts established through the court, and goes against an Interior Department opinion that says the UKB has equal jurisdiction over the Cherokee Reservation. 

The UKB says it does plan to sue to prevent the proposed law.

The status of the "M" opinion

The opinion from the Department of Interior is currently under suspension review.

"So the M opinion was issued under the Biden administration, and when Trump administration took over, they suspended all M opinions that were done in the Biden Administration, which is not uncommon. And either way, the M opinion analysis will have to come back, because that analysis was done because we've applied to get land and trust in the reservation. So even if they don't, per se, accept this M opinion that same analysis is still going to have to come through under this administration," said Holland.

Worried about bias

The UKB says the proposed law is concerning because it was presented by Senator Markwayne Mullin.

"Since he is a member of Cherokee Nation of Oklahoma, it's concerning whether or not he can be unbiased when it comes to matters that affect the United Keetoowah Band," said Holland.

Cherokee Nation's statement

“The United Keetoowah Band of Cherokee Indians has for decades fabricated claims of possessing Cherokee Nation’s treaty rights and history. Fortunately, neither the Congress, the courts, nor the federal executive branch have agreed with the UKB’s phony narrative. In addition to asserting our sovereign rights under treaties and within our reservation in the courts and before administrative agencies, we are proud of our pursuit of federal legislation to further lay waste to UKB claims,” Cherokee Nation Principal Chief Chuck Hoskin Jr. said. “We respect the fact that UKB is a federally recognized tribe that traces its roots to a 1946 Act of Congress, declaring it a band and granting it no rights to jurisdiction or other treaty rights. The Cherokee Nation will not stand by while UKB claims otherwise, putting the public at risk in the process through its baseless assertion of criminal justice authority. We appreciate Senator Mullin, a proven defender of tribal sovereignty, advancing the legislation and we look forward to it being signed into law.”

Senator Markwayne Mullin

News On 6 contacted Senator Mark Wayne Mullin, but have not heard back yet. A statement will be added below if given.