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UKB Casino Trust Land Case Upended by Federal Reversal

DOI reversal reasserts Cherokee Nation jurisdiction, stalling UKB casino development.

TAHLEQUAH, Okla. July 14, 2026 - The United Keetoowah Band's long-running effort to develop a casino in Tahlequah suffered a major setback after the U.S. Department of the Interior (DOI) formally withdrew Solicitor's Opinion M-37084 on May 22, 2026. The Biden-era legal interpretation had briefly supported UKB trust-land gaming eligibility within the Cherokee Reservation.

The reversal reasserts the Cherokee Nation's exclusive jurisdiction over the reservation and removes the federal foundation the UKB needed to advance its casino plans.

Federal withdrawal reverses key legal finding

The withdrawn opinion had concluded that the UKB could be treated as a "successor in interest" to the historic Cherokee Nation for purposes of federal land-into-trust regulations. That interpretation would have allowed the UKB to acquire trust land inside the Cherokee Reservation and qualify it as "Indian lands" eligible for gaming under the Indian Gaming Regulatory Act (IGRA).

Solicitor William L. Doffermyre rejected that conclusion, stating the opinion "does not represent the best interpretation of applicable laws, treaties, and federal and Supreme Court case law." His May 22 memorandum rescinded M-37084 in full and directed all DOI bureaus to treat the withdrawal as binding.

Cherokee Nation applauds decision

The Cherokee Nation has long opposed UKB gaming efforts inside the reservation, arguing that only the Cherokee Nation holds treaty-based jurisdiction. Principal Chief Chuck Hoskin Jr. called the withdrawal a reaffirmation of "the truth of history and the rule of law," saying the Biden-era opinion had been "detached from law and fact."

The reversal restores the legal landscape that existed prior to M-37084, strengthening the Cherokee Nation's position and eliminating the UKB's federal pathway for gaming.

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UKB criticizes ruling, signals court challenge

UKB leaders sharply criticized the decision, calling it "deeply flawed" and asserting that the tribe's treaty rights "were not created by an M-Opinion - nor are they erased by its withdrawal."

Delegate-designate Victoria Holland said the UKB will pursue judicial review, emphasizing that the tribe has prevailed in past legal battles and will continue fighting for trust-land gaming rights.

Impact on UKB casino development

The reversal immediately stalls the UKB's casino initiative:

  • No federal gaming eligibility exists for UKB trust land inside the Cherokee Reservation.
  • The tribe's 2025 gaming compact with Oklahoma now lacks a federal foundation.
  • Any future casino effort will require new federal guidance or a successful court challenge.
  • The UKB's long-term plan to revive gaming in Tahlequah is effectively paused.
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Historical context

The UKB has pursued gaming in Tahlequah for decades:

  • Operated a bingo hall beginning in 1986 until litigation forced closure in 2013.
  • Secured a federal trust-land acquisition in 2011, upheld by the Tenth Circuit in 2019.
  • Pursued a casino compact in 2025 based on M-37084's interpretation.

The federal withdrawal now undermines the legal basis for those efforts.

What happens next

The UKB is preparing for litigation, while the Cherokee Nation views the decision as final. Unless a court overturns the withdrawal or the DOI issues new guidance, UKB casino development remains on hold.

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