MCNNC caught in the middle

MVSKOKE RESERVATION – A recent conflict between the Cherokee Nation and the United Keetoowah Band of Cherokee Indians came to the Mound Building on Aug. 23, as leadership from both groups spoke during the Muscogee (Creek) Nation National Council’s Regular Session. At issue was MCN Tribal Resolution 25-079, which formally opposed a set of proposed U.S. Congressional language written by U.S Senator Markwayne Mullin (Cherokee). After nearly 30 minutes of discussion, the resolution was eventually postponed indefinitely by a vote of 9-4. 

The MCN resolution reads, “A Tribal Resolution of the Muscogee (Creek) Nation opposing proposed Congressional language to limit the rights of the United Keetoowah Band of Cherokee Indians.” According to the bill’s language, it would lead to the Muscogee (Creek) Nation officially calling upon the U.S. Congress to “refrain from interfering, either through appropriations or authorizing legislation, with the Administration’s review of the Memorandum Opinion (M-37084) and the final agency action that follows.” 

It was initially passed with a vote of 3-0 in the Aug. 14 Business, Finance, and Justice committee meeting, and was sponsored by MCNNC Representative Dode Barnett with Representative Patrick Freeman Jr. as a co-sponsor. 

Rep. Barnett made comments during the committee meeting in support of the United Keetoowah Band. “I felt like it was important for us to speak out for sovereignty in general, but specifically, to stand with this tribe. I remember, years ago, when we were trying to find allies in our fight to protect Hickory Ground in Wetumka, Alabama, I was asked to go on some of those tours when we went to other tribes to ask for support,” Rep. Barnett said. 

“All we were asking for were friends to say ‘this is wrong’, and I was very shocked and a little hurt that there were very few tribes that were willing to stand with us in that fight… I didn’t want Keetoowah to be alone in this battle as well.” Rep. Barnett said

According to the proposed language written by Mullin, only the Cherokee Nation would have jurisdiction over the land within the Cherokee Nation Reservation. It further clarifies that no funds could be used to take land into trust without written consent from the Cherokee Nation: 

Provided further, that 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: Provided further, That, except as provided in the next following proviso, no other Indian tribe than the Cherokee Nation shall possess tribal jurisdiction over such Reservation (or any portion thereof) under any provision of law, including the treaties with the Cherokee Nation that are referenced in section 602(3) of Public Law 107-331 (116 Stat. 2845)

According to the UKB, the language potentially impacts their sovereignty and is in contrast to a Jan. 17 memo from the Biden administration’s Department of Interior, known as M-37084, or the “M-Opinion.” The memo concludes, among others, that the UKB has an ownership interest in the Cherokee Reservation as a successor-in-interest to the Tribal signatory of the Treaty of 1846, and UKB has exclusive Tribal jurisdiction over its trust lands within the Cherokee Nation Reservation. It concludes, “Lands taken into trust for UKB for gaming purposes within the Cherokee Reservation qualify as “Indian lands” under the Indian Gaming Regulatory Act and are therefore eligible for gaming.”

During the Regular Session discussion, Jeff Wacoche, Chief of the United Keetoowah Band of Cherokee Indians, addressed the full MCNNC council, “Today, you have an opportunity to stand against the termination of tribal rights. The proposed legislative language is intended to steal, in secret and without consultation with the UKB, our rights as a sovereign. At its core, it is a blatant attack on our sovereignty.” 

“It is also intended to ensure that we have zero economic development to fund critical services for our members, and that is not the end of it. The congressional language is intended to also deprive the UKB from having its day in court,” Chief Wacoche said. 

“You all can appreciate, better than anyone, how important it is for the Supreme Court to address tribal issues of national significance. This body knows the importance of defending sovereignty as you have done in both the McGirt and Stroble cases.”

Chuck Hoskin Jr., Chief of the Cherokee Nation, defended the actions of the Cherokee Nation. His remarks also drew upon the friendship between the MCN and CN. “What is happening in the Cherokee Nation reservation is an assault on our history, on our treaties, on our reservation, on our very identity,” Chief Hoskin said.  

“If this is approved, the Muscogee Nation National Council is entering into the debate in a way that will do irreparable damage to something that I hold as dear as Principal Chief, as treaties that I must uphold, the Constitution that I must uphold, and that is the relationship and the friendship between the Muscogee Nation and the Cherokee Nation.” 

Rep. Barnett again expressed her opposition to the proposed language, particularly that it was done without the UKB’s knowledge or consent, and that the UKB had to request the document using the Freedom of Information Act. 

“What spurred me to introduce this, to be honest, was thinking about the bigger picture and how these actions, if they come to fruition, could potentially impact Muscogee (Creek) Nation and other nations in the future,” Rep. Barnett said. “So the language in the bill really opposes the avenue that’s being taken. I don’t believe that any of us, or any sovereign nation, should be okay with language being put in any appropriations bill or through a committee process without robust consultation with the nation that it’s going to affect.” 

The bill, and its inclusion on the agenda, brought confusion and disagreements from other MCNNC representatives. Representative Sandra Golden voted to indefinitely postpone the resolution in the Regular Session, despite voting to pass it during the BFJ committee meeting. Rep. Golden expressed wanting a resolution that was, in her words, “inclusive, that unites us all rather than picking.” Representative Robert Hufft, who also voted to indefinitely postpone the resolution, remarked he felt that the resolution should never have been brought to the MCNNC in the first place, and that it was an argument for the CN and the UKB to settle themselves.

“First of all, I think this never should have been brought before the Muscogee (Creek) Nation National Council. I respect both the Keetoowahs and the Cherokees, but it’s something they need to deal with, because now we’re forced to make a decision. No matter how we make a decision, we’ll be seen as favoring one side or the other,” Rep. Hufft said.

The 9-4 decision to postpone the bill was opposed by Rep. Barnett and Rep. Freeman, as well as Representative Mark Randolph and Representative Robyn Whitecloud.

Mvskoke Media reached out to Senator Markwayne Mullin’s office for comment on the proposed language. As of presstime, his office has not responded to our request.