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Southern Cherokee Indian Nation
Tribal Gaming Ordinance

Policy Statement


The intent of the Southern Cherokee Indian Nation is to limit gaming within their Sovereign Jurisdiction and Tribal Owned Lands. Therefore, any and all gaming within Tribal Jurisdiction shall be Indian owned and operated and conducted by the Southern Cherokee Tribal government for Economic Development purposes beneficial to the Tribe and Community where they are located, generally.

There shall be no gaming upon any lands owned by the Southern Cherokee Nation conducted by private Individuals, whether of Cherokee Indian Descent or not, or upon any lands to which the Southern Cherokee Nation retains rights, whether by treaty with the United States, by Deeds, Patents, Land Cession Agreements, or otherwise, or which may be held in common with other Tribes, Bands, or Communities of Indians or by any Tribal Government without the express permission and prior agreement of the Southern Cherokee Nation where the Autonomy and Sovereignty of the Southern Cherokee Nation retains rights by Federal Treaty Land Cessions made to the United States, or by reasons of Deeds or Patents made from the United States.

Therefore, it is declared Illegal for any Individual, Entity, or any Government to maintain any business of a gaming nature within the Original or Residual Autonomous Boundaries of the Southern Cherokee Nation, and especially affecting any Rights of the Sovereign Southern Cherokee Nation that they have never given up by Specific Agreements, Acts of Congress or Treaties and are either described in Treaties they have made prior to the year 1871 in recognition of the Autonomy and Sovereignty of the Southern Cherokee Nation and under which land cessions made to the United States, and States East of the Mississippi river were required.

Provided, that no Indian Tribe Band or Community having Rights in Common with the Southern Cherokee Nation in any certain lands, by Treaty, shall be prevented from their conduct of like gaming operations, of a governmental nature, for their Economic Development and governmental purposes; moreover, this ordinance shall not extend beyond the areas consigned to the jurisdiction of the Southern Cherokee Nation by Treaty or otherwise prior to the year 1871, and therefore, refer to rights that are Constitutionally Defined within the Territorial Limits and Integrity of the Southern Cherokee Nation.

The Southern Cherokee Nation is in the process of acquiring lands they will seek to have taken in trust by the United States within their Sovereign Jurisdictions described by treaties with the United States and these reacquired lands shall be within the Old Canadian District only and are crucial and needed for Tribal Economic Development purposes. The members of the Southern Cherokee Nation are Descendants in Interest under the Treaties that they Will Defend.

Therefore, the SCN recognize that all Indians are citizens of the United States, today, if they have been born within the territorial limits of the United States (Act of June 2, 1924: 42 Stat. 253) and each of them by nature of their naturalization in 1924 were reserved their rights to share in all Tribal and other property.

Such rights have been identified with their Civil Rights (Civil Rights Act of 1968- Re: Public Law 280- and Indian Bill of Rights) and that certain areas within SCN jurisdiction remain outside the jurisdiction of the State of Oklahoma.

That by nature of Federal Citizenship, Indians are citizens of the States in which they reside and have certain Retained Rights (8 U.S.C. 1401(b)).

These special Retained Indian Rights are protected by the Federal Constitution-Bill of Rights, Civil Rights Acts, etc;, and may not be Infringed by any person or Entity acting under color of State or Federal law, and in fact, many important rights, immunities and guarantees of Indians flow from State Laws, Enabling Acts, Organic Acts, Civil Rights Acts, etc;, as well as Federal Civil Rights Acts. These rights evolve under the Supreme law of the land.

It is not the intent of the Southern Cherokee Nation to offend the Supreme law of the land, but rather, to exploit the law and their Sovereign Rights for Tribal Economic Development and Economic Independence and to foster and end to the Cold War of Manifest Destiny waged against the Southern Cherokee Nation and all Indian Tribes for more than a Century by other government entities and their agencies, where such is both illegal and unconstitutional. Economic Oppression must end.

Every Indian citizen today is entitled to constitutional guarantees, immunities, and prerogatives as well the rights to Self-Determination (25 U.S. Code 450) and it is the duty of the Southern Cherokee Nation to protect and defend the Southern Cherokee Nation membership in their Federal Tribal and State Rights against usurpation of their Tribal Rights they retain-Retained Rights of Indians which predate the existence of the Unites States and predated the Treaties made. Treaty Rights of Indians were not granted by the Treaties but refer to preexisting retained rights. (U.S. v. Winnans, and Winters Doctrine-etc;)

The policy of the SCN is a policy of respect for all inhabitants of the United States and of the world. In exploiting the law for the benefits of the SCN, the SCN shall not create any burden upon the Non-Indian population where they are found , and the SCN has resolved to do all that it can do to enhance the community and create goodwill by their presence in their Economic Development endeavors.

The SCN shall enter into appropriate compacts with the community or communities as they resettle in the competitive free enterprise system of commerce and trade and shall endeavor to enhance the community by contributing to community needs, to create needed jobs, tourism, and will participate in investments, in planning, and will purchase some of their tribal homelands at fair market value-SCN will help with community support of community needs and will work with community leaders anyway they can.

Because Webbers Falls Oklahoma was the former Headquarters of the Southern Cherokee Nation, the SCN have purchased lands upon which to reestablish their Tribal Headquarters.

Because of added activities and business in the area, the SCN will donate to the City of Webbers Falls so that the City of Webbers Falls can upgrade their Utility Systems, Fire Suppression and Law Enforcement Activities, and will continue to donate to the City of Webbers Falls as the SCN's business ventures are established there. SCN will proffer Compacts to the State of Oklahoma and will work to induce developers to develop the area into a resort and thriving community while yet retaining their distinct historical attraction and well being.

The SCN will attempt to help the State of Oklahoma Historical Society that contains a wealth of Cherokee Historical records that it has made available to Indians over the years for research purposes.

The SCN is not unmindful of the impact of a resort type development on Webbers Falls, and they feel the impact will be mostly beneficial to the community and plan to work towards the establishment of a new fire department, police department, new city hall, and the preservation of and contribute towards the renovations of other community buildings for community use.

Against this background the Southern Cherokee have adopted their Gaming Ordinance.

The overall plan is a resort development with a Riverboat Gaming Attraction. The SCN has acquired land in Webbers Falls on the waterfront and will acquire more land as time goes by. The SCN has acquired a place for their National Headquarters and land for a Cherokee Housing Development near Webbers Falls.

The SCN has found the Community to be mostly receptive to progressive development and has resolved to assist the community in anyway it can, work for the betterment of the community, create employment, trade, commerce, and goodwill. The SCN wants to be an asset to the City of Webbers Falls as well as to their people.

The SCN Gaming Ordinance will be submitted to the United States Congress and the Governor of the State of Oklahoma and is adopted as follows:

1. Every person that works in the Tribal Gaming Establishment, including the management and investors, will undergo a background check by law enforcement as is required by the Federal Indian Gaming Regulatory Commission and Indian Gaming Regulatory Act.

2. The Indian Gaming Regulatory Commission shall be entitled to their just fees upon application and approval of these Tribal Regulations by the IGRC.

3. The SCN shall comply with the IGRC and decisions of the United States Courts but shall ask the IGRC and Congress for certain exemptions based upon their Treaty History, Civil Rights, and Tribal Sovereign Rights and may take their unique requests to the Federal Courts if necessary along with the IGRC's findings and the response of Congress. That is, the SCN shall ask that their rights be declared as they interpret those rights to be, provided there is opposition from any quarter. SCN shall not knowingly violate any Federal Laws governing Indian Gaming, provided the SCN shall institute a gaming Enterprise on a Riverboat on the Arkansas River where the SCN retain Rights in the river, under the pre-emptied and exclusive jurisdiction of the United States and SCN, and in accord with SCN's particular Treaty History with the United States.

The City of Webbers Falls is without funds to enlarge the water works and some of their citizens remain without water. The SCN, therefore, propose to gift the City of Webbers Falls Three Hundred Thousand Dollars to be made in three separate donations, the first of which has already been donated. In addition the SCN will share 3 percent of Gaming profits to be gifted to the City on a monthly basis and compact to do so. The SCN will proffer a percentage to offset the States lack of jurisdiction to gather taxes and will include the Indian Archives of the Oklahoma State Historical Society as a regular gift recipient of gaming profits. For the most part, profits of the SCN will be earmarked for purchasing lands in their original Sovereign District.

 

 


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