Cherokees may appeal Bureau of Indian Affairs verdict

 
CLIFTON ADCOCK - Tulsa World    Comment on this article Leave a comment
Published: July 3, 2009

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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