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Appeals court terminates tribe's reservation
Thursday, September 22, 2005
The Shawnee Tribe's reservation in Kansas no longer exists, the 10th Circuit Court of Appeals ruled on September 15.
A three-judge panel of the court said the tribe, now based in Oklahoma, cannot lay claim to its former reservation in Kansas. An 1854 treaty "convinces us of a mutual intent of both the Shawnee and the United States to terminate the Shawnee's reservation status," Judge David M. Ebel wrote for the majority.
"The Treaty was negotiated pursuant to specific Congressional direction that negotiations be had 'for the purpose of securing the assent of said tribes to the settlement of the citizens of the United States upon the lands claimed by said Indians, and for the purpose of extinguishing the title of said Indians in whole or in part to said lands,'" the court said, citing an act of Congress.
The court, however, said it wouldn't conclude -- based on the current record -- that the Shawnee "chose to leave Kansas freely" and resettle within the Cherokee Nation of Oklahoma.
The decision resolves a significant issue left open by the 10th Circuit's earlier opinion in the dispute. On May 3, the panel had said the reservation's status should be considered "for another day" but that opinion has been revised by the one issued last week.
The Shawnee Tribe was part of the Cherokee Nation until an act of Congress restored their separate status as a federally recognized tribe. A subsequent act of Congress denied the tribe's claim to surplus government property in Kansas. More recently, a Congressional rider blocked the tribe from acquiring land anywhere in Oklahoma without going through the land-into-trust process.
Get the Story:
Tribe Again Loses Legal Claim to Former Ammunition Plant Site
(AP 9/22)
Get the Decision:
Shawnee Tribe v. US (September 15, 2005)
Earlier Decision:
Shawnee Tribe v.
US (May 3, 2005)
Federal Recognition Act:
The
Omnibus Indian Advancement Act (H.R.5528)
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