Land-into-trust foes eye list of tribal recognition dates

Law | Trust

Thursday, March 11, 2010

Land-into-trust foes in New York say the Obama administration has developed a list of tribes, along with their dates of federal recognition, but they say the Interior Department won't make the information public.

Two counties asked for the alleged list as part of their lawsuit against the Oneida Nation land-into-trust application. “We’re trying, the House of Representatives is trying to get it and the DOI is not providing it,” Madison County told The Oneida Dispatch. “We’re not done with that; we’re pursuing it.”

The U.S. Supreme Court decision in Carcieri v. Salazar stated that tribes that weren't "under federal jurisdiction" in 1934 can't follow the land-into-trust process. The counties contend the Oneida Nation might not meet the cut-off date even though the tribe signed treaties as far back as 1794.

Congress is considering legislation to fix the decision. At one hearing, DOI was asked whether it was trying to determine which tribes may or may not be affected by the case but the Obama administration has declined to single out specific tribes.

Get the Story:
1934 may be key to Oneida Indian Nation land trust suit (The Oneida Dispatch 3/10)

Land-Into-Trust Fix:
S.1703 | H.R.3697 | H.R.3742

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]