Citing the U.S. Supreme Court decision in Carcieri v. Salazar, the Bureau of Indian Affairs is delaying a decision on a land-into-trust application for the United Keetoowah Band of Cherokee Indians (UKB) of Oklahoma.

The tribe is a successor in interest to the historic Cherokee Nation, assistant secretary Larry EchoHawk said in a June 24 decision. The historic Cherokee Nation existed in 1934, the year at issue in the Supreme Court case.

But the UKB didn't organize as a tribe until 1950 under the Oklahoma Indian Welfare Act, EchoHawk said. That raises questions about the ability of the Interior Department to acquire land in trust for the UKB, the decision stated.

However, EchoHawk reversed a long-held view within the BIA that the Cherokee Nation of Oklahoma (CNO) retains sole jurisdiction over a 14-county area in the northeastern part of the state. The CNO is also a successor in interest to the historic Cherokee Nation.

EchoHawk said nothing in the OIWA prevents the UKB from seeking trust lands within the same 14-county area that is claimed by the CNO. CNO leaders have long claimed veto authority over any land decisions affecting the UKB.

Get the Story:
BIA head's letter raises questions on rights (The Tulsa World 6/26)

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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