Law

Cherokee spokesperson calls UKB a 'corporation'

Thursday, March 22, 2007

The United Keetoowah Band of Oklahoma is a "corporation" with no treaty rights or interests in the Arkansas River, a Cherokee Nation spokesperson said.

The UKBs are on the list of federally recognized entities. But to Cherokee spokesperson Mike Miller, they aren't a bonafide tribe when it comes to the Arkansas River.

"Their corporate organization was created over 100 years after the land was granted to the Cherokee Nation. UKBCIO has no treaties, no land rights and no ties whatsoever to the Arkansas Riverbed and banks," Miller told the news media.

The UKBs sued to seek a share of a $40 million settlement for mismanagement and loss of drybed lands on the Arkansas River. The Cherokee Nation, however, tried to block the suit by saying it was a necessary party. At the same time, the Cherokees said they couldn't be involved due to sovereign immunity.

The Federal Circuit Court of Appeals rejected both arguments in a decision on Monday. The court said the UKBs can try to prove they are owed damages on the Arkansas River.

Get the Story:
Court says UKB can proceed with riverbed suit (The Tahlequah Daily Press 3/21)
Appeals court gives tribe another chance in lawsuit (AP 3/21)

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