"Cherokee Nation Courthouse"
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A federal appeals court has rejected the United Keetoowah Band of
Cherokee Indians’ claims of treaty rights and jurisdiction within the
Cherokee Nation. 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 the U.S. Department of Housing and Urban
Development's rules that require the UKBCIO to have jurisdiction to
receive funding from the agency are faulty and must be rewritten, and
that it may be possible for UKBCIO to receive HUD funding in the future
even though they have no treaty rights or jurisdiction.
The ruling is another in a long line of decisions denying the UKBCIO's
claims to jurisdiction within the Cherokee Nation.
"UKBCIO has no land base, no treaty rights and no court jurisdiction,
and the court ruled that the formula HUD used to exclude UKBCIO from
receiving need-based funding was faulty," said Diane Hammons, Attorney
General for the Cherokee Nation. "HUD will have to develop new
guidelines, and the Cherokee Nation will have the opportunity to comment
on those guidelines, as will other tribes. Most importantly, the court
once again made clear the UKBCIO's lack of treaty rights despite their
repeated claims to the contrary."