Tribal Conflict Over Sacred Land Where One Built a Casino

WETUMPKA, Ala. — The Muscogee Nation once thrived, with thousands inhabiting the lush territories along the Coosa River in what is now Alabama. At the heart of their ancestral land was Oce Vpofv, or Hickory Ground, which served as their town, ceremonial site, burial ground, and the final capital before they were forced to relocate to Oklahoma during the infamous Trail of Tears.

Today, the Wind Creek Casino and Hotel towers 20 stories above the river, a significant development now at the center of a contentious dispute between two tribal nations. The Muscogee Nation, descendants of the original inhabitants, clash with Alabama’s Poarch Band of Creek Indians, a distinct tribal group that shares an ancestral lineage with the Muscogee and developed the casino after acquiring ownership of the site.

The Muscogee Nation claims that the Poarch Band lacks a historical connection to Hickory Ground and unlawfully excavated the remains of Muscogee ancestors for the construction of the $246 million casino. Meanwhile, the Poarch Band asserts its historical ties to Hickory Ground, stating that they have made efforts to preserve much of the ancient site. The excavation of graves and the development projects in this historic area have created a rift with profound ramifications, fracturing the relationship between these two tribal nations and amplifying the betrayal felt by Muscogee people in Oklahoma.

“They dug up my ancestors, put them in boxes, and built a casino directly on top of my family’s burial ground,” lamented George Thompson, a traditional chief (Mekko) within the Muscogee Nation.

This ongoing conflict is set to be revisited as the Atlanta-based 11th U.S. Circuit Court of Appeals prepares to hear oral arguments this Wednesday regarding the Muscogee Nation’s appeal against a dismissed lawsuit that challenges the casino’s construction. The lawsuit includes claims against federal officials and the university responsible for conducting archaeological work at the site.

The expansive 85,000-square-foot casino and the accompanying legal disputes shed light on the significant impact of colonization on the lives of the Muscogee people, as well as the challenges presented by the modern U.S. legal framework in addressing tribal issues.

Historically, the Muscogee Nation was one of the largest tribal groups in the Southeast, with territories extending across present-day Alabama, Florida, Georgia, and South Carolina. The U.S. government enforced their removal from Hickory Ground following the Indian Removal Act of 1830. While relocating, the Muscogee carried with them the ashes from their sacred ceremonial fire, which they later placed in a new ceremonial area in Oklahoma, leaving behind their ancestors’ graves to adhere to the natural cycle of life.

A few Muscogee families from approximately 130 miles south of Wetumpka were allowed to remain, primarily because they had fought alongside the U.S. government during the Creek War (1813-1814). Their descendants later formed the Poarch Band of Creek Indians.

The Poarch Band acquired a segment of Hickory Ground in 1980 through a historic preservation grant. This title transfer included a 20-year covenant aimed at safeguarding the site’s integrity.

In a letter addressed to an Alabama state agency in 1980 seeking preservation funds, the Poarch Band expressed hope that the ties and heritage of the Creek people in Oklahoma would be preserved, stating an existing Hickory Ground tribal town in Oklahoma would give people pride in their heritage.

As the preservation covenant expired in 2000, the Poarch Band initiated archaeological excavations with the assistance of Auburn University. This ultimately led to the development of the expansive resort, which opened its doors in 2013.

Thompson shared that on visiting the construction area, he and others were overcome with emotion at the sight of bulldozers displacing earth where their ancestors had once rested peacefully.

The Muscogee Nation estimates that 57 sets of remains were unearthed during these excavations and has expressed concerns about not receiving a comprehensive account of what was removed from the site, alleging that some remains are still inappropriately stored.

On the other hand, the Poarch Band insists that they took measures to protect the site from commercial development. Officials from the Poarch Band maintain that both tribal nations share ancestral ties to Hickory Ground and have secured 17 acres for preservation, which includes parts of the sacred ceremonial grounds.

In 2012, after unsuccessful negotiations, the Poarch Band proceeded with reinterring the excavated remains. They stated that 50 bundles of remains and funerary objects were wrapped in cloth and placed near the ceremonial ground, although the Muscogee Nation claims that they were not consulted regarding this reburial.

The legal situation is further complicated by federal regulations. The federal office overseeing the Native American Graves Protection and Repatriation Act indicates that the law does not specifically address the excavation of remains from land held by one tribal nation with historical ties to another. Many tribal nations across the country have expressed concern over similar situations occurring with their ancestral lands.

The dispute may soon see developments in Congress, as the Poarch Band is supporting a bill proposed by Alabama Congressman Jerry Carl, which could provide a workaround to a 2009 U.S. Supreme Court ruling that limits land trust options for tribes recognized only after 1934. The Muscogee Nation and several other tribes are opposed to this legislation, fearing it would undermine their legal position as well as those of other tribes seeking similar remedies.

This ongoing conflict over Hickory Ground has fostered deep resentment among tribal members in Oklahoma, where the name “Poarch” evokes strong negative sentiments. Many question the Poarch Band’s legitimacy during ceremonial gatherings, and the Muscogee Nation’s council has even passed a resolution withdrawing its support for the Poarch Band’s federal recognition.

“They knew then what they wanted,” said Jeff Fife, a warrior of Hickory Ground and chief of staff for the Muscogee Nation. “They didn’t want our language or tradition; they wanted wealth.”