your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court won't disturb victory in Oneida Nation land case

Filed Under: Law | National | Politics
More on: 2nd circuit, bia, land-into-trust, new york, oneida, supreme court, treaties

A citizen of the Oneida Nation looks at a painting at the Museum of the American Revolution in Philadelphia, Pennsylvania. Photo: Oneida Nation

In a positive development for the Oneida Nation, the U.S. Supreme Court has turned down one case affecting the tribe's land rights.

Without comment, the justices on Monday denied the petition in Central New York Fair Business Association v. Zinke. The move, which came on the third page of an order list, affirms a lower court victory in favor of the federal government's authority to place about 13,000 acres into trust for the New York-based tribe.

But the new Trump administration and the tribe are not yet in the clear. A second petition, Upstate Citizens for Equality v. U.S., which raises more questions about the tribe's land-into-trust application, is also pending before the nation's highest court.

The dispute stretches back to the Supreme Court's disastrous decision in Sherrill v. Oneida Indian Nation. By a vote of 8-1, the justices held that the tribe must follow the land-into-trust process before asserting sovereignty over lands within its original reservation.

In the March 2005 ruling, Justice Ruth Bader Ginsburg wrote that the "Oneidas long ago relinquished the reins of government and cannot regain them" by simply repurchasing property within the reservation.

The tribe quickly took action by filing a land-into-trust application for essential government, economic development and other properties. After a lengthy review, the Bureau of Indian Affairs finalized the reord of decision covering about 13,000 acres in May 2008.

But opponents, including local officials, the state government and anti-Indian organizations, quickly filed suit in federal court. The state and some local parties eventually withdrew after reaching a settlement in 2013 that addressed taxation, jurisdiction and other long-standing issues.

The BIA finally acquired the 13,000 acres in trust in 2014, paving the way for the resolution of the outstanding litigation. The Central New York Fair Business Association plaintiffs, who raised general constitutional questions about the application, lost their case before the 2nd Circuit Court of Appeals in December.

The Upstate Citizens for Equality plaintiffs, who are raising similar constitutional questions, lost their 2nd Circuit case in November. But their petition to the Supreme Court also brings up an issue not answered by Sherrill -- whether the tribe's 300,000-acre reservation, which was recognized by the 1794 Treaty of Canandaigua, still exists.

The petition was filed on April 26 and the Trump administration has until June 1 to respond. Government attorneys didn't bother responding to the Central New York case but it's not clear whether they will do the same for Upstate Citizens. Waivers are common in cases where one party doesn't think the petition stands a chance of being granted.

The 1794 Treaty of Canandaigua was one of the first signed by the newly-formed United States. The Oneidas had sided with American colonists during the Revolutionary War, a history that is featured in the new Museum of the American Revolution in Philadelphia, Pennsylvania.

2nd Circuit Court of Appeals Decisions:
Central New York Fair Business Association v. Zinke (December 9, 2016)
Upstate Citizens for Equality v. United States of America (November 9, 2016)

Related Stories:
Oneida Nation wins another decision in long-running land dispute (November 10, 2016)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lawmakers once again seek fixes to 'broken' Indian Health Service (5/25)
Secretary Zinke headed to National Congress of American Indians (5/25)
Bureau of Indian Affairs opens listening sessions on reorganization (5/25)
Kevin Washburn: Indian Country feels the pain with Donald Trump (5/25)
Yakama Nation landowners weigh offers as buy-back winds down (5/25)
Flandreau Santee Sioux Tribe cannabis consultant found not guilty (5/25)
Secretary Zinke plans to work with tribes on drilling push in Alaska (5/25)
Republican candidate to replace Ryan Zinke charged with assault (5/25)
Democrats drop Andrew Jackson from name of event in Arkansas (5/25)
Chickasaw Nation breaks ground on $10M casino by Texas border (5/25)
Washoe Tribe celebrates 1st anniversary of unique gaming facility (5/25)
Keweenaw Bay Indian Community shares update on casino work (5/25)
Trump administration ready to let Cobell program run out of funds (5/24)
Northwest tribes slam Trump's budget for cuts to Indian programs (5/24)
Cheyenne River Sioux Tribe finds one bright spot in Trump's budget (5/24)
Pascua Yaqui Tribe reports jury conviction of non-Indian offender (5/24)
YES! Magazine: Native birthing center maintains tribal traditions (5/24)
Peter d'Errico: Founding Fathers conspired to take land from tribes (5/24)
Eastern Cherokee chief questions fairness of impeachment hearing (5/24)
Another guilty plea in theft of gaming funds from Winnebago Tribe (5/24)
Tribes clear legislative hurdle in bid for new casino in Connecticut (5/24)
President Trump confirms Indian Country's worst fears with budget (5/23)
Office of Special Trustee pitches lower budget as 'taxpayer' savings (5/23)
Steven Newcomb: Monuments to white supremacy harm our people (5/23)
Two more spills of oil from Dakota Access Pipeline in North Dakota (5/23)
Native woman in skirt and sandals wins ultramarathon in Mexico (5/23)
Brothers from Huichol Tribe murdered as drug war rages in Mexico (5/23)
Iowa Tribe misses deadline again to launch internet poker project (5/23)
Mississippi Choctaw citizens request vote on $25M casino project (5/23)
Aquinnah Wampanoag Tribe must wait to restart work on casino (5/23)
Documents show few meetings between Secretary Zinke and tribes (5/22)
Landowners on 2 reservations in Nebraska receive buy-back offers (5/22)
Human Rights Complaint: 'We are only letting the white people in' (5/22)
Mark Trahant: Funds for Indian health in danger under Republicans (5/22)
Cronkite News: Navajo Nation school works hard to teach language (5/22)
Harlan McKosato: DNA tests can't reveal your unique tribal history (5/22)
Gyasi Ross: Fired FBI director made sure Peltier remained in prison (5/22)
Tiffany Midge: A response to winning the cultural appropriation prize (5/22)
André Cramblit: Treasure your aunties and uncles for their histories (5/22)
Treaty tribes celebrate after court refuses to rehear salmon dispute (5/22)
Eastern Cherokee leaders open impeachment hearing against chief (5/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.