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TAHLEQUAH, OKLAHOMA - The U.S. Court of Federal Claims has dismissed the United Keetoowah Band of Cherokee Indians in Oklahoma's claim to the Cherokee Nation's portion of Arkansas Riverbed Settlement funds.

In the decision Aug. 16 in Washington, D.C., Judge Nancy Firestone ruled for dismissal noting the CN is "both a necessary and indispensable party in the case."

The case stems from a complaint filed June 10, 2003, by the UKB in the federal claims court in which the UKB claimed right, title and interest in the Arkansas Riverbed, which the U.S. Supreme Court in 1970 determined belonged to the Cherokee, Choctaw and Chickasaw nations.

In 2002, Congress passed the Cherokee, Choctaw and Chickasaw Nations Settlement Act, which allowed the three tribes to retain title to the riverbed and banks. The three tribes received a $40 million settlement for past damages and gave up claims to disputed lands. CN received half, the Choctaws 37.5 percent and the Chickasaws 12.5 percent.

The riverbed settlement act required 10 percent of the CN's share or $2 million to be set aside for claims of other tribes timely filed under the act, which the UKB did. The ruling authorizes the release of those funds to the Cherokee Nation.

The UKB has also claimed to be a "successor-in-interest to the historic Cherokee Nation" and that it is the "heir to the land and other resources" of the CN. The ruling supports the continuous relationship of the Cherokee Nation with the U.S. government after removal, statehood and attempts at termination.

Melanie Knight, CN executive officer, said the case is complicated and historical information is key.

"When we (the Five Civilized Tribes) were removed to this territory, we were treated differently than other tribes. Our lands weren't held in trust by the federal government. They were deeded over to us. So we got a fee patent associated with our (1866) treaties," she said.

Knight said a fee patent granted the tribes full ownership of the lands, and when the lands were allotted, the chiefs had to sign the deeds for allotment over to the individuals.

"That is our underlying basis for our rights in the riverbed," she said. "In 1970 we sued the federal government and it went to the Supreme Court who upheld that we (Cherokee, Choctaw and Chickasaw nations) never relinquished our title because those lands were never allotted and so they are still vested with the tribes."

Knight said the ruling was the basis for the settlement act.

"A lot of individuals had since been living on those lands because the (federal) government didn't reserve them for us. Rather than going to each individual land owner, a settlement arrangement was devised by which we would get compensation for those lands while not giving up the riverbed lands that aren't occupied by anyone."

The settlement act contained a clause that if any other tribe thought they had a claim, they could make a claim against the federal government and that funds would be reserved until that claim was decided.

Knight said the UKB didn't exist at the time the title had vested with the CN in 1866. "UKB was not an entity at that time, but they claim they have a right to it."

Knight said the court's decision was a CN victory.

"This decision affirms our sovereignty, and the court sent a clear message, once again, that today's Cherokee Nation is the same historic Cherokee Nation that has existed since time immemorial and that no other organization can lay claim to our treaty rights," she said. "We hope this sends a clear signal to the UKBCIO that they should not spend time and resources attempting to tear down the sovereignty of the Cherokee Nation, but should instead focus on their traditional role of working with the Cherokee Nation to serve the Cherokee people."

Principal Chief Chad Smith agreed.

"This ruling gets rid of one of the many petty challenges to the Cherokee Nation's sovereignty," he said. "We have remained focused on our priorities of language, jobs and community and this ruling means we have one less minor distraction as we continue to serve as the government of the Cherokee people."

Arkansas Riverbed Timeline

1960s - Cherokee, Choctaw and Chickasaw nations sued the state of Oklahoma to reclaim the riverbed within their territories.

1970 - U.S. Supreme Court confirms tribes' ownership of the riverbed.

1979 - Arkansas Riverbed Authority established to identify trespassers along the banks of the Indian-owned portions of the riverbed.

1980-2002 - Cherokee, Choctaw and Chickasaw nations negotiate a legislative settlement for Arkansas Riverbed.

2002 - Congress passed the Cherokee, Choctaw and Chickasaw Nations Settlement Act, which allowed the three tribes to retain title to the riverbed and banks. The three tribes received a $40 million settlement for past damages and gave up claims to disputed lands. Cherokees received half, the Choctaws 37.5 percent and the Chickasaws 12.5 percent.

2003 - United Keetoowah Band files case against the federal government in the U.S. Court of Federal Claims for a portion of Arkansas Riverbed Settlement Funds.

2005 - U.S. Court of Federal Claims dismisses UKB case.

Contact Gregg Simmons, by phone: 918-456-0671 (ext.2351), by e-mail: gregg-simmons@cherokee.org

Related Cherokee Nation contact information: Cherokee Phoenix and Indian Advocate "Celebrating 175 years of Native American Journalism" "The Cherokee Phoenix has moved from a quarterly to a monthly publication."