A view of the Omaha Reservation in Nebraska. Photo from Omaha Tribe
The Omaha Tribe of Nebraska plans to work closely with federal, state and local authorities in the wake of a decision affirming the boundaries of its reservation. In December, the 8th Circuit Court of Appeals ruled that the reservation was not diminished when Congress opened part of the tribe's land base to non-Indian settlers in 1882. The decision confirms that businesses in the village of Pender fall under tribal jurisdiction.
Schrieb's Bar on Main Street in Pender. Image from Google Maps
The non-Indian plaintiffs asked the court to rehear the case. But the request was denied in an order on February 26. The plaintiffs can now ask the U.S. Supreme Court to hear the matter, a process that could take several months -- or even longer -- to resolve. The justices haven't taken up a reservation diminishment case since 1998. In the meantime, Chairman Vernon Miller said he was pleased that the 8th Circuit did not reconsider its earlier decision. He said the tribal council wants to protect the health and welfare of all people on the reservation. The businesses in Pender are trying to avoid the tribe's liquor laws and regulations. They also disputed the tribe's court jurisdiction. 8th Circuit Decision:
Smith v. Parker (December 19, 2014)
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