UKB Casino Dream Hit by Major Federal Reversal

• US reverses opinion backing UKB claims within Cherokee Reservation
• Decision weakens legal basis for proposed Tahlequah casino project
• Cherokee Nation celebrates ruling as UKB vows court fight

The US Interior Department has reversed a Biden-era decision that recognized the United Keetoowah Band of Cherokee Indians (UKB) as a successor to the historic Cherokee Nation.

The reversal throws the tribe’s long-cherished ambition to operate a casino in Tahlequah into jeopardy.

The Biden-era opinion, known as M-37084, challenged the position of the modern Cherokee Nation, one of the country’s biggest tribal gaming operators, that it holds exclusive jurisdiction over Cherokee lands in Oklahoma.

Sovereignty Spat

Though both tribes trace their lineage to the historic Cherokee people and are headquartered in Tahlequah, they have long been at odds over territorial sovereignty. The Cherokee Nation operates 10 casinos in Oklahoma, while the UKB has none. The Nation has repeatedly sought to thwart the UKB’s efforts to enter the gaming market.

Because gaming generally has to occur on tribal land, which includes land over which a tribe exercises governmental power, the new legal opinion, issued May 22, significantly weakens the legal basis for a UKB casino on the reservation.

“Upon my review of M-37084, I have determined that the legal conclusions reached therein do not represent the best interpretation of applicable laws, treaties, and federal and Supreme Court case law. As such, I hereby permanently withdraw M-37084 in its entirety,” wrote William L. Doffermyre, Solicitor of the US Department of the Interior, in his legal opinion.

Cherokee Nation Principal Chief Chuck Hoskin Jr. said: “Despite the United Keetoowah Band’s ongoing efforts to rewrite history and lay claim to our Reservation, the truth of history and the rule of law always prevails.”

Tribe Will Fight On

The UKB, a federally recognized tribe since 1946, opened a bingo hall in Tahlequah in 1986, despite lacking trust land. The tribe operated the venue for years before it was shut down in 2013 amid a Cherokee Nation lawsuit and pressure from state and federal regulators.

Momentum shifted for the UKB in 2011 when the DOI agreed to take a 76-acre parcel of land into trust for the tribe. The Nation sued to block the move, but the decision was ultimately upheld in 2019 by the Tenth Circuit Court of Appeals.

With the Biden-era decision, issued on January 17, 2025, things looked hopeful for the UKB, and in May of that year the tribe signed a gaming compact with the state.

“As has been the case for all too long, our ultimate vindication will rely upon the judicial review, which the original [opinion] and its baseless withdrawal will necessarily be part of,” the tribe said in its statement.