UKB Gaming Code Approved, Restoring Tribal Authority Over Trust Land Operations

By Troy Littledeer | UKB Media Director

(File Photo)

TAHLEQUAH, Okla. — The United Keetoowah Band of Cherokee Indians in Oklahoma has received federal approval for its updated tribal gaming code, restoring the tribe’s authority to regulate gaming on its trust lands after more than a decade of legal and jurisdictional uncertainty.

The National Indian Gaming Commission, an independent regulatory agency under the U.S. Department of the Interior, approved the tribe’s 2025 UKB Gaming Code in a letter dated March 3. The decision was announced publicly by UKB officials last week.

“The ordinance outlines the legal and regulatory framework for the UKB’s gaming operations,” UKB Chief Jeff Wacoche said in a statement. “This is a major development forward, post-Memorandum Opinion, that moves the UKB one step closer to gaming and much-needed economic development.”

In the letter addressed to Wacoche, Acting NIGC Chairwoman Sharon M. Avery stated, “Resolution 25-UKB-27 rescinds any and all prior gaming ordinances and codes previously adopted by the Tribe, thus substituting the Tribe’s last NIGC-approved gaming ordinance, Resolution 94-UKB-28, with a wholly revised and updated version.”

Codified as tribal law, the new ordinance outlines legal and regulatory guidelines for Class I, II and III gaming. It applies to lands held in trust for the UKB within the Oklahoma Cherokee Reservation but excludes lands held by the Cherokee Nation of Oklahoma.

The ordinance authorizes the UKB Licensing Commission to oversee gaming operations, issue licenses, audit revenues and enforce compliance. Daily operations will be handled by the UKB Corporate Board unless the Tribal Council creates a separate gaming board.

Net revenues may be used to support government programs, welfare services, economic development, charitable donations and intergovernmental assistance. Per capita payments to citizens require a federally approved Revenue Allocation Plan.

While the approval does not immediately reopen any UKB gaming facilities, it enables the tribe to begin development planning. Prior to launching operations, the tribe must issue facility licenses, conduct background checks, comply with state compacts for Class III gaming, and notify the NIGC at least 120 days in advance.

“The 2025 UKB Gaming Code is consistent with the requirements of the Indian Gaming Regulatory Act and NIGC regulations and is hereby approved,” Avery wrote.

The NIGC’s decision represents a pivotal moment in the UKB’s long-standing legal conflict with the Cherokee Nation of Oklahoma. In 2013, the Cherokee Nation filed a lawsuit that resulted in the closure of the UKB’s Tahlequah casino after more than 20 years in operation.

Earlier this year, a federal opinion affirmed that both the UKB and the Cherokee Nation share jurisdiction over the historic Cherokee Reservation, laying the groundwork for the new ordinance’s approval.

However, Cherokee Nation Attorney General Chad Harsha responded to the announcement Friday, disputing UKB’s legal authority to operate casinos within the shared reservation boundaries.

“Dusting off their decades-old ordinance, making some amendments without objection from NIGC, changes nothing for UKB,” Harsha said in a statement.

Despite the dispute, Wacoche praised the federal commission’s action as a necessary step toward economic development and tribal sovereignty.

“Gaming is one of several economic development tools we’re pursuing to generate revenue and deliver critical services to our members,” he said.

The full ordinance and NIGC approval letter are available on the NIGC website.