Cherokees may appeal Bureau of Indian Affairs verdict
TAHLEQUAH — The Cherokee Nation likely will appeal a decision by the new Bureau of Indian Affairs assistant secretary stating that the tribe is not the historical Cherokee tribe.
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AT A GLANCE
What does the decision mean?
Though the Cherokee Nation has said the decision may have no or little legal effect, it may have an effect on how the BIA deals with the Cherokee Nation, UKB and other tribes who may be put in similar situations, said University of Kansas law Professor Stacy Leeds, who also directs the university’s tribal law and government center.
"It’s a decision about land into trust. It’s certainly a good decision from the UKB’s perspective. From the Cherokee Nation perspective, it raises questions,” said Leeds, a member of the Cherokee Nation who once served on the tribe’s supreme court. "It’s legally binding as to whether the UKB can have land in trust.”
The decision does, however, have wider implications, and tribes across the country will likely watch to see the results.
"It’s definitely not just Oklahoma tribes going to be concerned about it. It’s making a statement about reorganized tribes in this century and opining that they’re not necessary the historic nations that the treaties are with,” Leeds said.
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The decision, handed down last week by Larry EchoHawk, essentially puts the Cherokee Nation and the smaller
United Keetoowah Band, both based in
Tahlequah, on equal footing as far as control over the 14-country jurisdictional area of the historical tribe goes.
While the decision did not put land into trust for the UKB — something the tribe has long fought for — it declared both tribes are "successors in interest” and descended from the historical Cherokee Nation, but neither was the original tribe itself.
"The historical Cherokee Nation no longer exists as a distinct political entity,” EchoHawk wrote.
"There is no reason, on the face of the (1946
Oklahoma Indian Welfare Act), that the Keetoowah Band would have less authority than any other band or tribe,” he wrote.
While the UKB has declined to make any further statements on the decision, the Cherokee Nation has sought to downplay it and vowed to fight it.
"Although the letter has no legal effect right now, obviously, it has very damaging hyperbole in it,” said
Diane Hammons, Cherokee Nation attorney general. "We intend to exercise every legal right we have to correct that. We will appeal as soon as we legally can. We’ll take every legal and political remedy available to us. This is very important to us even though it has no legal effect at this time.”
Cherokee Nation spokesman
Mike Miller said Bureau of Indian Affairs attorneys have argued that the Cherokee Nation is the historical tribe in the past, and questioned the reversal in the decision.
"I think it’s a shocking coincidence,” Miller said, adding that the Cherokee Nation wants to know who advised EchoHawk on the matter. "It’s an unexplained reversal of policy in a huge, huge way.”
Having land in trust is an essential element to tribal gaming operations and other matters of tribal sovereignty. In the decision, EchoHawk said he could not rule on whether tribes that are successors to original tribes listed in the 1934 Indian Reorganization Act could stand in for the original tribe because of a recent
U.S. Supreme Court Decision that states only tribes listed on the 1934 act can put land into trust.
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Published: July 3, 2009
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John"The Elder" Cornsilk
Real Cherokee Descendant
Member of CNOT UKB Too!!
The theft and misuse of 14 Million of Taxpayer Fund's on Global Energy Group will get him out of here.
The Council tried to file A Federal Suit but his hand picked AG and Judges said no?
So he is A little DICKtater isn't he .
Velma can't spell. (Neither can Arch. Whew! Pitiful there.) Plain and simple. An "educator", as she wants all to believe, she should know how to spell voting. Always drop the e before adding ing. She even used "thier" again today. It's "their". DUH! Even you know that, JC, with your limited education. (Your explanation for voting just doesn't wash. You should really stay away from your attempt to explain spelling of any word, JC.)
Have you taken Velma to raise? Must really get under your skin, huh? Seems like it...just my opinion, Velma. LOL!
Well lets do a little break down in diction/spellin, with a little elocution on what the spellins are you raisin hell about!!
What does "vote" spell? then if you want to depict action you add "ing" right? Thusly "voteing" ( Means you went and Voted, anit?) The other word makes no sense at all elocuted, "VOT" (whut the hell does that mean?)
add the same action "ING" you get "voting", "voteing" makes more sense, just like "voteless"
Oh yea, BTW, everything Cherokee is my business because I am "The Elder" Cornsilk Real Cherokee Descendant!
Member of CNOT and the UKB because, According to The Secretary of interior Larry Echohawk The Cherokee Nation is abolished, anit?
John Cornsilk Real Cherokee Descendant!
So soon we will see how easy it is to close down A Casino with the Freedmen ruling.
The Salazar Case already decided that and the UKB look like they will win in the Long run.
Larry Echohawk has addressed the status of the CNO and not favorable to Chad. Chad, Mike Miller, Dianne Hammonds are now disrespecting Larry Echohawk and his ruling. Why?
Tribal members have nothing to lose, they done lost it when we became a corporation that benifits WHO?
Outlander
Nothing has happened to change that fact of Case Law, The Cherokee Nation was a Dependant Sovereign, and were it alive today would still be the same thing... Then In 1880's Came the Dawes Act for Allotment, and CURTIS act to force the Indian governments to comply, and done so by the fact the Curtis Act says "(Act of June 28, 1898), ch. 517, 30 Stat. 495. Section 28 of the Curtis Act provided that on July 1, 1898, "all tribal courts in Indian Territory shall be abolished, and they were Park Hill, every last one of them, Cherokee Nation included, just as Echohawk says, and absolutely nothing has happened to alter that fact.
All Smith and CNOT will succeed in doing is prolonging the Agony of the Cherokee people living with a dictatorship, and wasting their assets in doing so.
I think the Carcieri Case is forefront nation wide, but all Echohawk is doing with this determination is turning the blind eye of the BIA back on the BS Swimmer created, and that the CNOT machine has been hiding behind since 1975.
John Cornsilk Real Cherokee Descendant!
Mr. Echohawk is under enormous pressure from both the tribal nations of this country and his boss, Ken Salazar, to find a legislative "fix" for the recent controversial Carcieri Supreme Court decision. In this decision, he just singlehandedly and substantially increased the number of tribes it affects! Great strategy there, Larry.
John Cornsilk Real Cherokee Descendant
Still a member of CNOT UKB Too!
John Cornsilk Real Cherokee Descendant
If the people have given up on me I would have been long gone, but I get praise all the time for my efforts, I have even been labeled the Martin Luther King of CNOT-land for my efforts on behalf of the Cherokee People including the Cherokee Freedmen. And CNOT hasn't given up on me either, because they keep you idiots on the payroll to follow me around and decry my name and character, just as you did here and wherever I post...
Another way to know the people have not given up on ole John C. is my forum http://www.network54.com/Forum/237458/ where you go everyday to keep up on the TRUE facts of Cherokee life, and read Velma so you can come on here and play spelling Cop!
And hopefully you also go to http://www.cornsilks.com where you can see documentation to corroborate things when I tells ya sumptin, click and read Echohawk's letter then all the documentatin one might think he was on cornsilks.com whe he wrote it, actually tilde you have to click the cover page banner to get to all the good stuff, and remember you can click John's Place banner and get ther from cornsilks too!!
BTW, tilde note the hit counter a little over 50,000 since I revamped Cornsilks a little over a year ago, People aint given up on ole John C. yet tilde!!
John Cornsilk REAL Cherokee Descendant
Any reply Velma or are you going to have John do it for you?
Well Folks I must conclude what some totally idiotic dipsticks, one a lawyer the other a full blood white man supposedly educated Cherokee descendant, both regurgitating the pure bovine excrement Smith feeds them, he being another dang lawyer, and it has been queried by other lawyers where in hell did the idiot get his law license from a Cracker Jax box??
I have posted an item for the jerkwads to read and I post the link again here http://www.cornsilks.com/1834solicitoropinion.pdf if you will note this opinion was by the solicitor General a presidential appointee, and approve by the Assistant Secretary of the interior the Same position as Echohawk, now the simple Fact is Hammonds the CNOT AG is the babbler of hyperbole, hoping some of the pure equine excrement will stick on the unknowing or unlearned of the Facts on the authority of the Presidential appointees, and what CNOT is, as I have said over and over, and Echohawk reiterates the fact.
Now Folks if there was nothing to the letter as the CNOT dipsticks want you to believe, WHY the need to appeal or waste the Cherokee Peoples assets to have determined what is already spelled out as fact of law!!
For ole Mikey “Who’ll eat anything” Miller It is NOT a reversal of Policy unless you are talking about the policy of looking the other way while CNOT acts as a legal entity, and hopefully this will totally reverse the looking the other way, quite simply because the LAW has ALWAYS been there since 1898 CNOT is not the Cherokee Nation, for it was abolished and remains so today!
Be sure abnd jump on m8ine I double posted the first two paragraphs, ignore the first two folks!
I have posted an item for the jerkwads to read and I post the link again here http://www.cornsilks.com/1834solicitoropinion.pdf if you will note this opinion was by the solicitor General a presidential appointee, and approve by the Assistant Secretary of the interior the Same position as Echohawk, now the simple Fact is Hammonds the CNOT AG is the babbler of hyperbole, hoping some of the puWell Folks I must conclude what some totally idiotic dipsticks, one a lawyer the other a full blood white man supposedly educated Cherokee descendant, both regurgitating the pure bovine excrement Smith feeds them, he being another dang lawyer, and it has been queried by other lawyers where in hell did the idiot get his law license from a Cracker Jax box??
I have posted an item for the jerkwads to read and I post the link again here http://www.cornsilks.com/1834solicitoropinion.pdf if you will note this opinion was by the solicitor General a presidential appointee, and approve by the Assistant Secretary of the interior the Same position as Echohawk, now the simple Fact is Hammonds the CNOT AG is the babbler of hyperbole, hoping some of the pure equine excrement will stick on the unknowing or unlearned of the Facts on the authority of the Presidential appointees, and what CNOT is, as I have said over and over, and Echohawk reiterates the fact.
Now Folks if there was nothing to the letter as the CNOT dipsticks want you to believe, WHY the need to appeal or waste the Cherokee Peoples assets to have determined what is already spelled out as fact of law!!
For ole Mikey “Who’ll eat anything” Miller It is NOT a reversal of Policy unless you are talking about the policy of looking the other way while CNOT acts as a legal entity, and hopefully this will totally reverse the looking the other way, quite simply because the LAW has ALWAYS been there since 1898 CNOT is not the Cherokee Nation, for it was abolished and remains so today!re equine excrement will stick on the unknowing or unlearned of the Facts on the authority of the Presidential appointees, and what CNOT is, as I have said over and over, and Echohawk reiterates the fact.
Now Folks if there was nothing to the letter as the CNOT dipsticks want you to believe, WHY the need to appeal or waste the Cherokee Peoples assets to have determined what is already spelled out as fact of law!!
For ole Mikey “Who’ll eat anything” Miller It is NOT a reversal of Policy unless you are talking about the policy of looking the other way while CNOT acts as a legal entity, and hopefully this will totally reverse the looking the other way, quite simply because the LAW has ALWAYS been there since 1898 CNOT is not the Cherokee Nation, for it was abolished and remains so today!
on Global energy group stock.
Chad two wife Smith signed the check.
He spends Cherokee money like it was his.
The 14 million was Federal Tax funds that
where to be used to make jobs not for 2 wives
Smith to waste he is the Madoff of the CNO!
I wonder what his two sets of Cherokee children think?