Law

Court allows UKB suit over Arkansas River

Tuesday, March 20, 2007

The United Keetoowah Band of Oklahoma can proceed with a lawsuit over the Arkansas River without the participation of the Cherokee Nation, an appeals court ruled on Monday.

In a unanimous decision, the Federal Circuit Court of Appeals said the Cherokee Nation has no stake in the UKB lawsuit. The three-judge panel said the Federal Claims Court was wrong to dismiss the case.

The ruling means the UKB can seek a share of a $40 million settlement awarded to the Cherokee Nation, the Choctaw Nation and the Chickasaw Nation. The three tribes accepted the money for mismanagement of the Arkansas Riverbed and for the loss of certain drybed lands. The tribes still retain ownership of the riverbed.

Congress enacted the settlement in 2002 but left the door open for other tribes to seek a share of the settlement. The Cherokee Nation, however, claimed that the UKB suit couldn't proceed without its involvement. At the same time, the Cherokee Nation said it couldn't be joined in the case due to its sovereign immunity.

The Federal Circuit disagreed, noting that Congress limited potential suits to damage claims and limited the amount of potential compensation. In this respect, the Cherokee Nation has no "interest" in the UKB suit, the court said.

The case was returned to the Federal Claims Court in Washington, D.C. The UKBs still have to prove they are owed money for the river.

Court Decision:
United Keetoowah Band of Cherokee Indians of Oklahoma v. US (March 20, 2007)