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Tribal Gaming Dispute – Tribal Gaming at Risk: US Senator Mullin Accused of ‘Tribal Termination’ Over UKB Land and Gaming Ban

Senator Mullin Faces Backlash Over UKB Land Dispute and Impact on Tribal Gaming Rights

  • Senator’s draft bill could limit UKB land and gaming.
  • Tribe claims provision is an attack on sovereign rights.
  • UKB signed gaming compact now awaiting federal approval.

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Senator Mullin Faces Backlash Over UKB Land Dispute and Impact on Tribal Gaming Rights The United Keetoowah Band of Cherokee Indians (UKB) is fighting to protect its economic future by demanding the immediate withdrawal of a draft Senate provision that would block its ability to acquire new trust land or expand its footprint in tribal gaming. By prohibiting the UKB from establishing new gaming operations within the Cherokee Nation Reservation, the proposal directly threatens the sovereignty and revenue potential of their local industry. Consequently, the UKB has labeled the move by Senator Markwayne Mullin as “a targeted act of tribal termination” designed to dismantle their capacity for tribal gaming development.

Senator Mullin
US Senator Markwayne Mullins, a citizen of the Cherokee Nation and member of the Senate Committee on Indian Affairs, has drafted an amendment that the UKB says would strip it of its sovereign rights. (Image: U.S. Senate/Public Domain)

The proposed amendment, unearthed through a Freedom of Information Act request, was drafted by Senator Mullin (R-2nd Dist.) and could be included in an upcoming federal appropriations bill. The provision states: “No funds appropriated under this or any other Act shall be used to take land into trust within the boundaries of the Cherokee Nation Reservation in Oklahoma without the written consent of the Cherokee Nation.”

The amendment further stipulates that “no other Indian tribe than the Cherokee Nation shall possess tribal jurisdiction over such Reservation,” and that any trust land acquired by another tribe shall be designated for non-gaming purposes only.

Longstanding Dispute

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The UKB shares its territory with the Cherokee Nation but is a distinct sovereign government, with around 15,000 enrolled citizens predominantly residing in northeastern Oklahoma. Both tribes have historical ties to the Cherokee people and are based in Tahlequah, yet they have engaged in numerous conflicts regarding territorial sovereignty.

While the Cherokee Nation operates ten casinos across Oklahoma, the UKB does not currently have any gaming facilities. It once had a Class II bingo hall established in 1986, which was closed in 2013 after a lawsuit instigated by the Nation and mounting pressure from state and federal regulators.

This restriction arose from the UKB’s lack of federally designated trust land, which is a prerequisite for tribal gaming under the Indian Gaming Regulatory Act (IGRA). In a significant change, in 2019, the Tenth Circuit Court of Appeals upheld the U.S. Interior Department’s decision to take a 76-acre parcel of land into trust for the tribe, after the Cherokee Nation attempted to block the acquisition.

In April of this year, UKB signed a gaming compact with the state of Oklahoma that is now pending final approval from the Department of the Interior.

‘Secret Pen in a Senate Office’

UKB Chief Jeff Wacoche has voiced serious concerns regarding Mullin’s draft amendment, stating, “This is not a policy disagreement. This is a deliberate, targeted act of tribal termination by Senator Mullin.” He adds that the language proposed represents a blatant betrayal of the U.S. government’s trust responsibilities, a violation of federal law, and an assault on tribal sovereignty.

“It is being carried out not with muskets or manifest destiny, but with a secret pen in a Senate office,” he asserted.

In response, the tribe encourages Congress members, other tribal nations, and the general public to pressure Mullin and the Cherokee Nation to withdraw the proposed amendment.

“We are a federally recognized Tribe with our own government-to-government relationship with the United States,” Wacoche stated. “To suggest otherwise is to willfully ignore history, federal law, and the truth.”

The UKB remains steadfast in its mission, awaiting the outcome of the ongoing discussions and aiming to solidify its rights within the Cherokee Nation Reservation.

Casino.org has reached out to Mullin’s office for comment but has yet to receive a response.

Conclusion

This ongoing conflict over land and gaming rights illustrates the complex dynamics between tribal identities and sovereignty, particularly in case of the UKB and Cherokee Nation. The implications of this draft bill not only affect the UKB’s operational capabilities but also signal larger issues surrounding tribal rights and federal recognition.

Frequently Asked Questions

What does Senator Mullin’s proposal entail?

The proposal seeks to limit UKB’s ability to acquire land or operate gaming within the Cherokee Nation Reservation.

What does the UKB argue?

UKB argues that the proposal is a targeted act of tribal termination, violating their sovereignty.

How does this affect tribal gaming rights?

It impacts the UKB’s ability to expand gaming operations, crucial for its economic future.

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