Open Letter to Tribal Members from Chief George Wickliffe

On Wednesday, June 24, 2009 the Assistant Secretary for Indian Affairs of the Department of Interior's Bureau of Indian Affairs, Larry Echo Hawk issued a favorable decision in our appeal of the Regional Director's denial of our request to have the 76 acre Community Services Parcel accepted into trust on behalf of the United Keetoowah Band of Cherokee Indians.

The Assistant Secretary reversed the Regional Director's decision, and sent the application back to her to complete a basic part of her environmental review, and directed her to hold the application while the Assistant Secretary determines whether he has the legal authority to take land into trust under the Carcieri v Salazar case decided by the United States Supreme Court on February 24, 2009, and its impact upon our application.

The Assistant Secretary observed that "it is not clear whether a successor in interest steps into the place of the historical tribe for purposes of the [Indian Reorganization Act]", an "issue that is not confined to the UKB and CNO." In this context, the Assistant Secretary found that he "must defer final decision…until the Department has developed a more comprehensive understanding of Carcieri and its impact on tribes throughout the country."

In his decision, the Assistant Secretary made some very significant determinations, including the following:

  • "The historical Cherokee Nation…as it existed in 1934 no longer exists as a distinct political entity."


  • "The CNO is a new political organization, therefore, because the historical [Cherokee Nation] no longer exists and the CNO government is a new government."


  • "[The UKB and CNO] have maintained their governmental organizations since they formed-the UKB in 1950 and the CNO in 1975."


  • "[T]he UKB and the CNO are successors in interest to the historical [Cherokee Nation]."


  • "CNO does not need to consent to the acquisition…[because] it is only necessary that the Department consult with the CNO."


  • "[T]he UKB has a need for this land to be taken in trust."


  • "The fact that the UKB's charter, approved by the Assistant Secretary in 1950, authorizes the UKB to hold land for tribal purposes weighs heavily in favor of finding that the UKB can have land taken into trust."


    • "It's a very historical moment for the United Keetoowah Band of Cherokee Indians," Wickliffe stated. "This decision shows great support for the tribe."

    “This is the justice UKB deserved. No matter what spin you put on it, this is UKB’s historical moment. The Keetoowah Cherokee Movement is stronger and we will take care of our members and this proves what we have always been saying about our Tribe. Since Mike Miller of the CNO has said the decision has no legal weight then there should be no legal challenge by the CNO.” Charles Locust, Assistant Chief.

    Although the Cherokee Nation of Oklahoma will undoubtedly employ its normal tactic of debating the issues through the media, we will not do so. Instead, we attach the decision to this letter so that you may read the actual language and draw your own conclusions.

    Wado,

    Chief George Wickliffe

    Attachments - EchoHawk Decision (PDF).

    Additional Reading:
    Bureau of Indian Affairs ruling equalizes tribes - The Daily Oklahoman 6/26/09 (NewsOK.com)

    BIA head's letter raises questions on rights - Tulsa World 6/26/09