A bitter fight between two tribes over sacred land where one built a casino

At the peak of Muscogee power, thousands thronged the tribe's expansive territory on the verdant banks of the Coosa River in what is now Alabama.

Oce Vpofv, or Hickory Ground, served as a town, ceremonial site, burial ground, and the last tribal capital before the forced removal of the Muscogee people from the Southeast to Oklahoma on the Trail of Tears. Today, the Wind Creek Casino and Hotel stands tall over the winding river, marking the centre of a long-standing dispute between two tribal nations.

The Muscogee Nation, descendants of those who originally inhabited the land, and Alabama's Poarch Band of Creek Indians, a separate tribal nation sharing ancestry with the Muscogee, are at odds over the ownership and use of the site.

The Muscogee Nation argues Alabama's Poarch Creeks lack historic ties to Hickory Ground and unlawfully excavated the remains of Muscogee ancestors to construct the $246 million (£180 million) casino. However, the Poarch Band insists it too has ancestral ties to Hickory Ground and has endeavoured to preserve much of the historic site.

The excavation of graves and development at the historic site has ignited a dispute which has severely damaged the relationship between the two tribal nations. This historic connection has only deepened the sense of betrayal felt by the Muscogee in Oklahoma over the development of their former tribal capital.

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George Thompson, a Mekko or traditional chief in the Muscogee Nation, has spoken out about the desecration of his ancestors' burial ground. "They dug up my ancestors, put them in boxes, and built a casino directly on top of my family's burial ground," he said.

The Muscogee Nation is now appealing against the dismissal of a lawsuit challenging the construction of the casino. The case will be heard by the Atlanta-based 11th US Circuit Court of Appeals this Wednesday.

The legal dispute highlights the ongoing impact of colonisation on the Muscogee people and the limitations of the US legal system in addressing tribal grievances. Once one of the largest tribal nations in the Southeast, the Muscogee territory spans parts of Alabama, Florida, Georgia and South Carolina.

However, following the Indian Removal Act in 1830, the Muscogee were forced to leave their capital. They carried ashes from their most sacred ceremonial fire in Hickory Ground along the Trail of Tears to present-day Oklahoma. There, they established new ceremonial grounds, some of which still burn today. The graves of their ancestors were left behind, returning to nature as intended.

A few Muscogee families, who lived about 130 miles south of Wetumpka and had fought alongside the US during the Creek War from 1813 to 1814, were permitted to remain. These families' descendants went on to establish the Poarch Band of Creek Indians. In 1980, the Poarch Band managed to secure a section of Hickory Ground with the aid of a historic preservation grant. The transfer of the title came with a 20-year covenant aimed at safeguarding the site's integrity.

"The Creek people in Oklahoma pride in heritage and ties to original homeland can only be enhanced. There is still an existing Hickory Ground tribal town in Oklahoma. They will be pleased to know their home in Alabama is being preserved," expressed the Poarch Band in a letter penned in 1980 to an Alabama state agency, seeking funds for preservation. The Poarch Band gained federal recognition in 1984, backed by their 'Oklahoma cousins'.

Subsequently, a dispute erupted over the development of the land. After the expiration of the preservation covenant in 2000, the Poarch Band hired archeologists from Auburn University to conduct a study and excavation of the property. Eventually, a grand resort part of the Poarch Band's collection of casinos both within and beyond Alabama was constructed on the site and inaugurated in 2013.

Thompson, one of the plaintiffs in a legal case, recounted how he and others visited the construction area and were moved to tears upon seeing bulldozers and mounds of earth where their ancestors once rested peacefully. The Muscogee Nation has raised concerns that 57 sets of remains were taken during an excavation, claiming they've not received a complete list of items removed by the Poarch Band or Auburn University, and suggesting some remains are still not properly stored.

In contrast, the Poarch Creeks have stated their efforts were to shield the site from commercial development. A spokesperson for the Poarch Band said: "Poarch Creek members have ancestral ties to this historic Creek town, as do members of the Muscogee Creek Nation of Oklahoma."

The Poarch Band has countered the Muscogee Creek's allegations, asserting their actions, including an archaeological study, have been in keeping with their commitment to safeguard Hickory Ground. They highlight that 17 acres, encompassing the revered ceremonial ground, have been designated for preservation, accessible for both tribes to "visit, offer prayer, and pay homage to their ancestors."

Officials from the Poarch Band have explained that after failing to reach an agreement with the Muscogee Nation, they moved forward with reinternment of the excavated remains in 2012. They report fifty bundles of remains and associated funerary objects were cloth-wrapped and placed near the ceremonial ground, a process which the Muscogee Nation and Thompson claim happened without their consultation.

Auburn University's legal representatives have declared in court documents the university takes no side in the tribal dispute and will comply with the court's decision. The federal office in charge of the Native American Graves Protection and Repatriation Act has admitted that the law does not cover situations where ancestral remains are excavated on land controlled by one tribal nation but ancestrally linked to another.

Forced relocation has led to scenarios where different tribes now manage lands they didn't historically occupy, raising concerns among tribal nations of potential conflicts. RaeLynn Butler, a tribal historic preservation officer said: "No one ever thought when they were writing NAGPRA another tribe would do this."

A legal tug-of-war could be heading for Congress as the Poarch Band backs a bill from Alabama Congressman Jerry Carl, aiming to circumvent a 2009 US Supreme Court decision on land trusts used for activities including casinos. The move has sparked opposition from the Muscogee Nation and other tribes, citing risks to their ongoing legal struggles and rights.

However, Congressman Carl counters the criticism surrounding the bill. Tensions are high in Oklahoma as resentment festers among the local tribes, with the name "Poarch" often spat out as a pejorative. Doubting the authenticity of the Poarch Band has become a frequent topic at Muscogee Nation ceremonies.

The tribal council even went so far as to formally withdraw its backing for the group's recognition by the federal government. Jeff Fife, a fierce defender of Hickory Ground and the chief of staff for the Principal Chief of the Muscogee Nation, added: "They knew then what they wanted. They didn't want our language. They didn't want our culture or tradition. They wanted money."