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> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aunited_keetoowah_cherokee%3A799863e392838461

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

LOOK FOR US ON SOCIAL MEDIA
AND AT WWW.UKB-NSN.GOV

GIDUWA CHEROKEE
EE NEWS
August 2024

Chief Bunch Signs Historic
Lease Agreement
By: Troy Littledeer | UKB Media
@troylittledeer
August 19, 2024
TAHLEQUAH, Okla., – On August 13, Chief Joe Bunch signed an
agreement with the Department of Interior to reimburse the United
Keetoowah Band of Cherokee Indians in Oklahoma for certain costs
associated with the UKB’s operation of programs under the tribe’s
Self-Governance Compact.
Under this agreement, known as an ISDEAA Section 105 (l)
lease, the BIA will commit to paying an additional annual payment
to the UKB Tribe based upon the appraised fair market rental rate.
"This is a tremendous day for the UKB as these agreements provide vital rental revenue to the Tribe as well as funding for utilities,
building security, upkeep, and those types of things," Chief Joe
Bunch said.
This arrangement with the BIA, as well as similar pledges made
with the Indian Health Service, will allow the UKB to receive annual general rent revenue in excess of $1.2 million.
UKB tribal member and attorney Bryan Shade with the assistance of the [UKB] Tribal Finance, Facilities, and Self-Governance
Programs staff, helped negotiate the ISDEAA Section 105(l) lease.
Photo Troy Littledeer

UKB Elder Housing Project Passes First Hurdle

By: Lee Guthrie
August 19, 2024

TAHLEQUAH, Okla., – A United Keetoowah Band of Cherokee
Indian housing project for elders
passed its first hurdle, with the
city leaders recommending a
zoning change to develop a modular home community.
The 18-unit, nine duplex project is proposed for 10 acres unofficially known as “Old Whiskey
Jim’s” property. The zone change
was approved by the Planning
Commission July 27.
“We call it the ‘Venue’ – until
we come up with another name
for it,” said Housing Director
Roxana Wilden. “The tribe owns
the building and its parking lot.
Housing owns the field next to
it, and where we want to put the
duplexes.”
The “Venue” is close to the
UKB offices off of Willis Road,
Wilden said.
Zoned RM-2, which is
multi-family medium-density/
community commercial, the
application requested a change
to RMH, which is the designation
for a mobile home park.
The modular homes were
built by Oak Creek Homes in
Texas and sold to UKB by Stepp
Mobile Homes. Each building has
two duplexes, and each unit is
1,009 square feet.
“I’ve had 38 years in the
mobile home business, and when
we saw these we knew it would
be a good fit for them,” said Pat
Ross, the developer and owner of
Stepp.
Tribal Councilor Pete Kingfisher attended the meeting to
support the Housing Department’s application.
“We need it for our elders,”
Kingfisher said.
Mary Ann Whittmore lives
across from the entrance to

the proposed development and
attended the meeting to express
her hope that the trees on the
wooded acreage wouldn’t be cut
down for the project. She said
the mobile homes/modular units
are nice looking and hoped the
buildings and site will be kept
up.
Assistant Director Richard
Vann assured Whittmore that the
property will be maintained for
the elder inhabitants.
“We are going to try and save
as many trees as possible, and
the ones we have to take out we
are going to replant,” Wilden
said.
Whittmore’s son, who did
not attend, is concerned about
the need for a bigger drainage
system, and Wilden said bids are
being solicited to make those
improvements.
Planning and Development
Director Paige Harjo presented
the project to the Commission,
and said after nearly two months
of consideration the staff recommends approval of the zoning
change.
“[The property] is designated
as residential reserve, and keep
that in mind in how it relates to
the comprehensive plan,” Harjo
said. “In our comprehensive plan
it states: ‘Our current demand
models may indicate that a particular density will be most likely
to serve the market, but changes
in economic and development
patterns in the next 10-15 years
may create a need we cannot
anticipate today.’”
The residential reserve areas
are intended to have housing
developments at some point and
time and this area was designated for this when the plan was
put together, Harjo said.
“If the zoning change is
approved the owner will be

required to meet all regulations
and zoning ordinances and the
proposed would be allowed by
right,” Harjo said.
“It is the rules and regulations
that a mobile home park will
have to abide by.”
Wilden addressed the Commission and said that 100 UKB
elders need housing. The units
were purchased by American
Rescue Plan Act funds, Wilden
said.
“This project will house up to
36 elders,” Wilden said. “Manufactured homes are an efficient
and reliable way to house elders
quickly; easy to construct, easy
to maintain, and the right size
for most single or couple elders.”
Vann said the homes are built
to Housing and Urban Development standards and are Ameri-

cans with Disabilities Act compliant. A park and walking path are
also planned for the community.
Chair Richard Cannonie
asked if the tribe was aware that
the zone change would cover the
whole 10 acres, not just the five
where the homes will sit, and all
city codes for landscaping would
apply for the entire plat.
The petitioning parties agreed
to abide by all the rules and regulations for the entire property.
The commissioners voted
unanimously to approve the
change in zoning. The Tahlequah
City Council must approve the
change before it is finalized.
This story comes to Giduwa
Cherokee News from Lee Guthrie
through her reporting work with
the Tahlequah Daily Press.

Housing Director, Roxana Wilden represented the UKB in the request before
the planning commission, Photo Lee Guthrie, Tahlequah Daily Press.

GIDUWAH CHEROKEE NEWS
Assistant Chief
Jeff Wacoche
jwacoche@
ukb-nsn.gov

Secretary
Joyce
Fourkiller
jfourkiller@
ukb-nsn.gov

Treasurer
Sonja Gourd
sgourd@
ukb-nsn.gov

Canadian Dist.
Eddie Sacks
918-822-1957

Cooweescoowee
Dist.
Clifford
Wofford
918-822-1953

Flint Dist.
Frankie Still
918-507-1822

Goingsnake Dist.
Willie Christie
918-822-3803

Illinois Dist.
Peggy Girty
918-457-7067

Saline Dist.
Charles Smoke
918-457-7071

Sequoyah Dist.
Junior Catron
918-315-0970

Tahlequah Dist.
Terry "Pete"
Kingfisher
918-822-5703

By: UKB Chief Joe Bunch
July 16, 2024
Si yo, ni ga da
Where did summer go? Kids are
already back in school, so watch
out in the early morning and afternoon traffic as kids are loading or
unloading off school buses in rural
Oklahoma. Is your high school
football team preparing for the upcoming season? Boy, its been hot
Last month we had the opportunity to show who we are
by hosting the Leadership Native
Oklahoma Conference, and we just
finished with Oklahoma Intertribal
Tax Association here at the venue and on our grounds. We thank
both associations for allowing us
to partner with them in their work
improving, informing, and bringing
Native America to the forefront.
It is always a pleasure and honor
to showcase our buildings and the
history of who we are.
We just completed the Ecohta
Behavioral Health outreach with
the Goingsnake district; we hosted
an elder’s event with food, program activities, and we played
bingo. It is always great to see
elders from the communities. Elder
and language teacher John Chewey

Chief's
Corner

AUGUST 2024

By the time you read this, we
will be in full election time, and as
time goes on, the names of candidates will be listed. I need to tell
JOE BUNCH
you it has been a privilege and
Principal Chief
jbunch@ukb-nsn.gov
honor to serve the United Keetoowah Band of Cherokee Indians.
was on hand to explain and gain
I have worked in Indian Country
information from the elders while
for 41 years, 19 years for the Unittalking in Cherokee; to hear all
ed Keetoowah Band of Cherokee
speak in Cherokee was good med- Indians. I have always said workicine as the words were familiar. It ing at Keetoowah is like coming
was difficult to understand all of
home and working for Indian peothe conversation.
ple. I have decided not to run for
We are still in serious IHS nereelection; it has been my greatest
gotiations, and things are moving
honor to serve our tribe. If needed,
in our direction. By the time you
I'll be a phone call away. We have a
read this message, we will have
strong team in place, and if all are
the resources to start a clinic for
reelected, we will and can lead and
our tribal people—no more being
move our tribal government into
denied or discriminated against be- the next level, generating services
cause we are Keetoowah—no more for our tribal members. Unfinsuppression of medical services or ished items like supplemental food
no more holding medical services
distribution, solar or wind power
as leverage to get our tribal mem- generation, affordable housing,
bers to switch tribes. Thank you,
continued medical services, and a
Lord, for answering my prayer in
casino are in store; we have put a
our own medical facility; you are
lot of items in motion.
most gracious. This administration
This is a historical time for the
and council have secured an oppor- Keetoowahs.
tunity to provide medical services
to our tribal people, meaning we
Wa do, do da go hv i
have laid the groundwork to have
a clinic on our tribal grounds.
Chief Joe Bunch

AUGUST 2024

GIDUWAH CHEROKEE NEWS

Language Pilot Program Completion Celebrated at Social

“Hopefully, these types of Keetoowah language events will attract more people as time goes on. We honor our ancestors, as well
as future generations, by learning and speaking our native tongue,” said Ernestine Berry, Museum Director.

have are going to go far in speaking. They all have
a desire to learn, which a lot of people don’t have.
I am still learning to speak and seeing everyone at
the language social was really encouraging.”
Museum Director Ernestine Berry said, “The
teachers and I are very encouraged by the progress the students made this past year. The students
were also pleased and expressed a desire to continue learning. We are hopeful that we will be able to
expand on the curriculum created by our first-language curriculum developers to continue with the
program.

By: Marilyn Craig, Museum Marketing Coordinator

TAHLEQUAH, OK -- The John Hair Cultural
Center and Keetoowah museum staff hosted another Keetoowah Language Gathering on Friday,
August 9th. The event was held at the Tahlequah
District Community Building. The gathering was a
celebration of the completion of a community pilot
program for Keetoowah conversational language.
The program was funded in part by the Institute of
Museum and Library Services. The gathering featured a traditional meal, gospel singing, ring toss
competition and a language bowl.
The goal of the program was to develop a multigenerational language curriculum and program
that is geared to native learners of all ages. JHCCM
Director Ernestine Berry, along with Keetoowah
first language speakers John Chewey, Clara Proctor, Oleta Pritchett, and Tyler Hodge developed the
curriculum.
When it was time to roll out the program to
communities, three additional Keetoowah first
language speakers joined the team including Cindy
Hair, Ronnie Livers, and Alice Wilder. These speakers began teaching the language program in their
communities.
The 2024 Language students who completed
all forty lessons include Angelina Badillo, Robin
Bailey, Kyle Bark, Robert Bark, Latisha Blackbear,
Anthony Blackbear, Natalie Blackbear, Kaiden
Blackbear, Kristie Bradley, Amber Dry, Antoinette

Keetoowah language instructors include: (front
row) Cindy Hair, Alice Jumper and Oleta Pritchett (back row) Ronnie Livers, John Chewey, Tyler
Hodges, and museum director Ernestine Berry. Not
shown is Clara Proctor (photo Raelie Grayson)
Ford, Caleb Grimmett, Tishaleta Guevara, Jarrett
Hammer, Ashley Hopton, Charlie Stilwell, Charolotte Teehee, Acee Watt, and Kendra Wiegand.
Museum student archivist Kyndal Aimerson
coordinated the Language Bowl. She said, “Everyone enjoyed it, and it was encouraging to see the
students’ improvement since May in the Language
Bowl. The first time we played it was a little messy,
but everyone did so well in the last game.
I hope this shows that we are accomplishing
something here by revitalizing the language. There
aren’t a great number of students, but the ones we

Tyler Hodge entertains the crowd as he strikes a
pose during the ring toss game.
(photo Raelie Grayson)

Echota Behavioral Health Hosts Keetoowah Elder Day
Keetoowah Elder Day brings in elders to shape and strengthen our knowledge into our overall wellness.

LANI HANSEN, REPORTER

the family usually goes to them. So, we want to
be able to bridge that gap for behavioral health or
mental health, and let people know what services

KANSAS, Okla- Elders play an important role
in shaping our communities. That is why Echota
Behavioral Health is working alongside others to
bring forth strength from our elders into our overall wellness.
On August 20th, the United Keetoowah Band
and Echota Behavioral Health hosted an “Keetoowah Elder Day” in the Goingsnake District.
“We look back at what each community used
to be by gathering the wisdom and knowledge of
the elders, and bridging the gap with our current
generation to learn how to build that up,” Community Prevention Coordinator Caleb Grimmett-Smith
stated. “The elders are still value to us, and we
hope to take what we have learned from the communities to incorporate in any events we do.”
Prevention Teams Manager Brittany Cheater
also added, “We know the elders are leaders of the Adalene Smith and John Chewey admire a tool belt that
was raffled off at the Goingsnake District Elder Day.
family, so when there is a problem or celebration

UKB Annual Golf Tournament
Opens Registration

Registration opens September 1 for the Senior, 2-man and 4-man scramble
Following the senior scramble,
the
2-man open will start sign-ins at
TAHLEQUAH, Okla- On the first
12:30
p.m. with tee time beginning
weekend of October the United
Keetoowah Band of Cherokee Indians at 1:30 p.m.
On Friday, Oct. 4th, the 4-man
will celebrate the 74th annual celescramble
sign-ins will begin at 8 a.m.
bration.
with tee time at 9 a.m. Lunch will be
Along with all the festivities offered during the weekend of October provided to participants in the 4-man
scramble.
3-6, is the UKB Annual Golf tournaThere will be door and cash
ment held at Cherokee Springs Golf
prizes
for each scramble, so be sure
Club. The tournament consists of
to
register
to get your team in. Regthree categories the 2-man senior 60
istration
opens
on the first day of
and over scramble, the 2-man scramSeptember. The senior scramble and
ble open and the 4-man scramble.
Beginning on Oct. 3rd, the 2-man 2-man scramble are only taking 40
teams. The 4-man scramble is taking
senior scramble will have sign-ins
25 teams.
at 8 a.m. with tee time at 8:30 a.m.
To register please contact, Larry
Lunch will be provided to seniors
Pritchett
at 918-506-7554.
participating in the tournament.
LANI HANSEN, REPORTER

The UKB Annual Golf Tournament will take place on October 3-4, 2024.

are out there.”
The “Keetoowah Elder Day” is meant to connect and engage with elders, to learn from them.
Echota Behavioral Health has already made plans
to continue hosting these events in other communities with different topics.
The day consisted of informational session
from various departments in the UKB such as Title
XI, Human Services, Environmental, Housing, Tribal Court, Indian Child Welfare and the John Hair
Cultural Center and Museum. Lunch was provided
to all those in attendance.
Keetoowah member Sharon Benoit stated, “I
enjoyed it, I am glad we learned more about the
Tribal Court. Any information we did receive regarding the elders, was positive and needed to be
shared.”
Echota Behavioral Health will be hosting
another “Keetoowah Elder Day” in November. For
more information, contact 918-871-2800.

GIDUWAH CHEROKEE NEWS

Announcing the LNO 2024 Graduating Class

(OSAGE RESERVATION) Leadership Native Oklahoma (LNO) proudly announces the
graduation of its Class of 2024. Facilitated by
the American Indian Chamber of Commerce
of Oklahoma (AICCO), this cohort of dynamic
leaders has successfully completed the program, which is dedicated to empowering Native American leaders and allies with the tools,
knowledge, and connections to drive positive
change in their communities.
Over the past several months, the LNO
Class of 2024 has engaged in a series of immersive classes, discussions, and interactive
learning opportunities designed to explore the
forces and trends shaping Native American
businesses, tribes, and allied enterprises. The
program offered participants one-of-a-kind
introductions to distinguished community and
tribal leaders, providing unique insights into
leadership, innovation, and community impact.
“The Class of 2024 has demonstrated
remarkable dedication, enthusiasm, and a
deep commitment to their communities,” said
AICCO State President Bailey Walker. “We are
incredibly proud of their achievements and
look forward to witnessing the lasting impact
they will have as they continue to lead and
inspire others.”
A graduation was held for the LNO Class
of 2024 at Osage Casino Tulsa on Thursday,
August 15. The Osage Singers honored our
graduates and guests with performances and

AUGUST 2024

DJ Matchison performed long into the night.
Leadership Native Oklahoma is more than
a leadership program—it is a supportive environment where leaders engage in transformational dialogues and connect with like-minded
individuals who share a passion for making a
difference. Graduates of LNO are equipped not
only with enhanced leadership skills but also
with a powerful network of peers and mentors
who will support them throughout their careers.

For more information about Leadership Native Oklahoma and the Class of 2024, please
visit https://aiccok.org/leadership-native-oklahoma/

UKB member Dr. Corey Still and Baily Walker.
Courtesy photo.

About Leadership Native Oklahoma:

Leadership Native Oklahoma is a leadership development program focused on empowering Native American leaders and allies to
drive innovation and positive change in their
communities. Through a combination of immersive learning experiences, mentorship, and
networking, LNO prepares participants to lead
with vision, integrity, and a deep understanding of the unique challenges and opportunities
facing Native American communities.
Contact: Bailey Walker, State President
American Indian Chamber of Commerce of
Oklahoma (AICCO)
baileywalker333@yahoo.com

UKB member Trista Vaughn and Baily Walker.
Courtesy photo.
UKB Members Trista Vaughn and Dr. Corey Still
were graduates of the 2024 Leadership Native
Oklahoma class.

Museum Summer Canning Series in the Books

“The canning series has ended for 2024, but participants are already looking forward to participating in 2025, so if you are interested
you need to register today,” said Assistant Museum director Barbara Girty Foster.

the skins to come off easily, so there was not a lot
of waste.
TAHLEQUAH, OK - The John Hair Cultural
After the peaches were peeled, each peach was
Center and Keetoowah Museum wrapped up the
cut
in
half and the seed removed. Then they were
canning portion of the Getting Back to Basics sumsliced
into
a big pot. Lemon juice was added to the
mer canning series on Saturday, August 10. The
peaches to preserve the color, and they were put
last class included canning peaches and making
peach jam. The students began the process by put- on the stove to reach a boil. Students filled quart
jars with peaches and liquid to the jar rim. The
ting clean jars face down in a big flat pan on top
next step was wiping the rim of the jar to make
of the stove. This sterilized the jars and lids. All
the peaches were initially washed, then they were sure there was nothing that would keep the jars
put in a pot of boiling water for less than a minute, from sealing. The lid was added, and a jar ring was
then plunged into an ice water bath. This allowed put on tightly.
Preparing peaches for jam was the same process, with the addition of sugar and gelatin and
bringing it to a boil. Students made pint jars of the
jam. All the jars of peaches were beautiful, and
everyone was pleased with their accomplishments.
“I have really enjoyed hosting these Back to
Basic workshops, it’s been so much fun getting to
meet all the participants, laughing at ourselves in
the kitchen and best of all learning lifelong skills
from elder tribal member and culture bearer Betty
Holcomb. The canning series has ended for 2024,
but participants are already looking forward to
participating in 2025, so if you are interested you
need to register today,” said Assistant Museum director Barbara Girty Foster. For more information,
These peaches, jam and pickles will be shared with
call 918-871-2866.
museum committees, special guests and volunteers.
By: Marylin Craig

Pretty as a peach, Janelle Adair shows off the Porter
peaches before making peach jam.

AUGUST 2024

GIDUWAH CHEROKEE NEWS

SCOTUS sides with Native tribes in health care funding dispute

By: Lee Guthrie
August 19, 2024

TAHLEQUAH, Okla., – Tahlequah’s two federally recognized
Native American tribes are moving to expand their health care
offerings after the U.S. Supreme Court paved the way.

The tribes won a victory June 27 when a court ruling sided
with them on a dispute with the federal government over health
care costs in their communities.

The “Secretarial Amount” refers to the money from the appropriate secretary, and in this case it is Secretary of Health and
Human Services, Shade said.

“In addition... tribes are eligible to receive certain ‘contract
support cost’ reimbursements for costs the tribe incurs while administering the program but which the secretary either does not
incur in administration of the program or that the secretary does
incur in administration of the program but pays from sources other than the ‘Secretarial Amount,’” Shade said.

The 5-4 ruling puts the onus on the government to cover
ISDEAA also requires any revenue generated from the adminmillions in overhead costs that two Cherokee County-based tribes
istration
of contracted or compacted programs must be reinvestfaced when taking control over their own health care programs.
ed into the program and expended in furtherance of the contract
This shift was due to a law meant to give tribes more local conor compact, Shade said.
trol.
Shade said IHS was designated as “payor of last resort,” mean“The U.S. Supreme Court decision in Becerra v. San Carlos
ing when a patient has Medicare, Medicaid, or other insurance,
Apache Tribe is a victory for all of Indian Country,” said Printhe tribe must attempt to recover the cost of services from one of
cipal Chief Chuck Hoskin Jr. “Since Cherokee Nation assumed
those sources.
self-governance over our health care system, we have dramatically improved the quality of care and services available to tribal
citizens.”

The ruling was in favor of the San Carlos Apache Tribe, which
administers a health program on behalf of the Secretary of Health
and Human Services, and the tribe does third-party billing, and
reinvests the funds into further delivery of services under the
contract, Shade said.

The Indian Self-Determination and Education Assistance Act
enables an Indian tribe to enter into a “self-determination contract” with the Indian Health Service to assume responsibility for
administering the health care programs that IHS would otherwise
“But IHS denied reimbursement for contract support costs
operate for the tribe, states the summary of the ruling by SCOarising from the tribe’s expenditure of third-party funds, even
TUS.
though the tribe expended those funds in a manner identical to
how it expended the ‘Secretarial Amount’ – delivery of health
Hoskin said the reinvestment of revenue by CN into expandservices,” Shade said.
ed care did not receive the support of other federal health care
programs.

In 2023, UKB received $99,000 in secretarial funding for its
behavioral health program contract and just $16,000 for contract
“With this ruling, self-governance tribes will finally receive
that equitable support,” Hoskin said. “Thank you to Chief Justice support costs. Through intentional management and highly-ef[John] Roberts and the other justices who joined in this decision, ficient operations, third-party revenue from that year and prior
which moves the United States closer to fulfilling its trust respon- years reinvested and expended in 2023 on delivery of services
exceeded $5.2 million for that period, Shade said.
sibility to tribes.”
First, IHS must provide to the tribe the “Secretarial Amount,”
which is not less than the congressionally appropriated amount
IHS would use to operate programs; second, a contracting tribe
can collect revenue from third-party payers like Medicare, Medicaid and private insurers; and the third-party funds are called
“program income” and must be used by tribes to “further the general purposes of the contract” with IHS, states the summary.
Bryan Shade, attorney for United Keetoowah Band of Cherokee Indians, said the issue before SCOTUS was more nuanced
than just covering the cost of billing to these third-party payers.

“For background, Public Law 93-638, the Indian Self-Determination and Education Assistance Act, authorizes tribes to assume
control of certain federal programs by contract or compact and
administer them to their citizens on behalf of the federal government,” Shade said.

“Dollar for dollar, the full contract support costs could easily
reach or exceed $1 million,” Shade said. “Justice [Brett] Kavanaugh’s comment that ‘the extra federal money... does not come
free’ is ironic.”
The tribal dollars supporting the federal government’s shortfall are also not free, Shade said.
“The federal government should pay its bills,” Shade said.
“The majority on the Supreme Court correctly agreed.”

This story comes to Giduwa Cherokee News from Lee Guthrie
through her reporting work with the Tahlequah Daily Press.

GIDUWAH CHEROKEE NEWS

Event Info and Schedule Coming Soon

AUGUST 2024

74th Annual Keetoowah Celebration

Guardians of the Culture

as(b G%D ~xhK5#lC*

Phone Number:
918-871-2800

October 5,
2024

Tahlequah, Oklahoma

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aunited_keetoowah_cherokee%3A799863e392838461. Public record. Not legal advice.
