Keetoowahs win HUD appeal

While the tribe may be eligible for future funding, they lack jurisdiction within the Cherokee Nation.

By TEDDYE SNELL

The U.S. Court of Appeals 10th Circuit Monday backed the United Keetoowah Band of Cherokee Indians of Oklahoma in a funding dispute with the U.S. Department of Housing and Urban Development.

According to court documents, the UKB received Indian Housing Block Grant funding for fiscal years 1997 through 2005. For each of those years, HUD determined that the UKB “shared a formula area with the Cherokee Nation of Oklahoma in the CNO’s ‘tribal jurisdictional statistical area/Oklahoma tribal statistical area.’”

This determination was called into question through a letter written by the Cherokee Nation in June 2004 that challenged the UKB’s right to funding.

After reviewing the matter, HUD issued a memo in January 2005 stating the UKB had “no jurisdiction or regulatory basis” for being assigned a formula area, because only the Cherokee Nation could assert jurisdiction.

The battle between the tribes continued over the next four years, with HUD making decisions both for and against funding for the UKB.

The UKB then sought judicial review, wherein the court found that HUD is required to consider the “need” of tribes and the “Indian areas” of tribes. The court found the UKB’s lack of “court jurisdiction” cannot be used against the tribe.

“This language explicity and unambiguously mandates that factors in HUD’s allocation formula reflect – in other words, have some connection or nexus with – the need of Indian tribes and Indian areas of the tribes,” wrote Circuit Judge Paul J. Kelly for the majority. “The language does not permit of any other reading.”

The UKB administration hailed the ruling as a victory over what the assistant chief believes to be a power grab by the Cherokee Nation.

“This was just another attempt by [Cherokee Nation Principal Chief] Chad Smith to shut down the Keetoowah Cherokee Tribe,” said UKB Assistant Chief Charles Locust. “He had already deprived disadvantaged CNO tribal members from getting houses, and then he sought to punish UKB Cherokees in need of housing.”

UBK Chief George Wickliffe echoed Locust’s remarks, saying the Cherokee Nation always works to reverse positive court rulings for the UKB.

“Some federal agencies have been stonewalling the UKB because of the undue influence from Chad Smith and the CNO,” said Wickliffe. “The attack led by Smith and the CNO against the UKB is nothing more than a David and Goliath struggle. We all know who won that battle.”

Cherokee Nation officials assert they are the only tribe with jurisdiction in the 14-county area, and said this is merely a ruling in favor of a HUD rule anomaly.

A federal appeals court has rejected the United Keetoowah Band of Cherokee Indians’ claims of treaty rights and jurisdiction within the Cherokee Nation. According to court documents, the appeals court reaffirmed its earlier decision that “the Cherokee Nation is the only tribal entity with jurisdictional authority over Indian Country within the Cherokee Nation.”

The court went on to rule that HUD’s rules that require the UKB to have jurisdiction to receive funding from the agency are faulty and must be rewritten, and that it may be possible for the UKB to receive HUD funding in the future, despite the lack of treaty rights and jurisdiction.

“It is interesting to see the UKBCIO celebrating a court ruling that rejects their claims to jurisdiction and treaty rights, while affirming the Cherokee Nation’s,” said Smith.

“It’s fascinating that they define their lives by what I do and what the Cherokee Nation does. They have spent years and years, and huge amounts of money, fighting this fight and, at the end of the day, the law is still the same as it has always been. It’s a huge smokescreen for them to be claiming victory when their core arguments have been rejected yet again, and the ruling merely tells HUD to go look at their rules again.”

UKB’s Wickliffe believes the ruling will have a positive outcome in the long run.

“We are delighted that the court reached a decision that will benefit all landless tribes throughout the United States,” he said.

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