Post by Okwes on Feb 27, 2008 15:37:24 GMT -5
BIA vs. Oneida -- Many of us were involved in this Oneida situation
Posted by: "Joanne S." uscorrespondent@yahoo.com uscorrespondent
Sat Feb 23, 2008 6:03 am (PST)
Friends,
Many of us were involved in this Oneida tribal situation--about 5
or 6 of us right here on the Heart of the Ancestors' group. We still
hope for justice for the Shenandoah family and the tribe.
Thought I'd update everyone about what's going on, in general.
Blessings,
Joanne Beading Woman
From Indianz.com
BIA set to rule on Oneida Nation land-into-trust request
Friday, February 22, 2008
Filed Under: National | Trust
The Bush administration is set to make a decision on one of the most
controversial land-into-trust applications in Bureau of Indian
Affairs history.
In a Federal Register notice published today, the BIA announced the
release of a final environmental impact statement on the Oneida
Nation's land-into-trust application. The document identifies
a "preferred" option to acquire 13,086 acres in trust for the New
York tribe.
The option is less than the 17,000-plus acres the tribe sought in its
application. But it's a lot more than the 1,000 acres proposed by two
local counties.
The BIA is under no obligation to adopt any option though the
preferred option indicates where the agency is headed. Associate
deputy secretary Jim Cason will make a final decision on March 25 --
about three years after the tribe submitted its written request.
"The purpose of the proposed action is to help provide for the
[Oneida] Nation's cultural and social preservation, expression and
identity, political self-determination, self-sufficiency, and
economic growth by providing a tribal land base and homeland over
which the nation exercises tribal sovereignty," today's Federal
Register notice states.
The journey began after the tribe lost a major U.S. Supreme Court
case in March 2005. By an 8-1 vote, the justices said the tribe had
to go through the land-into-trust process before exercising
sovereignty within its 250,000-acre ancestral reservation.
"Congress has provided a mechanism for the acquisition of lands for
tribal communities that takes account of the interests of others with
stakes in the area's governance and well being," Justice Ruth Bader
Ginsburg wrote, referring to the Indian Reorganization Act of 1934,
which authorized the land-into-trust process.
The Oneida Nation, like other tribes in New York, lost its ancestral
reservation through illegal land transactions by the state. But
thanks to gaming and non-gaming revenues, the tribe repurchased more
than 17,000 acres on the open market in Oneida and Madison counties.
The tribe believed the newly acquired properties retained their
Indian Country status since the ancestral reservation was never
terminated by Congress. The Supreme Court decision forced the tribe
to go to step one in the lengthy land-into-trust process.
Without trust land status, the tribe would have to pay property taxes
to local governments and submit to local and state laws. The tribe
has since entered into agreements with some communities to address
the taxation and jurisdiction issues pending resolution of the land-
into-trust application.
The state of New York, however, claims the BIA has no authority to
act on the application. Echoing arguments being made in another land-
into-trust case that the Supreme Court is being urged to hear, the
state say the IRA doesn't apply to New York tribes.
Oneida and Madison counties don't want the BIA to take much action
either. Their proposed option limits the tribe to 1,026 acres,
including the Turning Stone Resort & Casino, some housing sites and
some cultural sites.
Regardless how the decisions turns out, litigation is likely. The
Citizens Equal Rights Alliance and the Central New York Fair Business
Association already sued the Interior Department to stop action on
the application but judge said the case was filed too early.
The final environmental impact statement will be available online at
www.oneidanationtrust.net or www.oneidanationtrust.com
Comments are being accepted until March 24.
Federal Register Notice:
Notice of Availability of Final Environmental Impact Statement for
the Proposed Transfer From Fee to Trust of Parcels Owned by the
Oneida Indian Nation of New York in Oneida and Madison Counties, New
York (February 22, 2008)
Relevant Documents:
Final EIS (March 2008) | Draft EIS (November 2006)
From the Indianz.Com Archive:
BIA official calls high court ruling 'quite depressing' (March 31,
2005)
Major defeat for Oneida Nation in Supreme Court case (March 30, 2005)
Relevant Links:
Oneida Nation Trust - www.oneidanationtrust.com
Oneida Nation, New York - www.oneida-nation.net
Indian Nation Fee-to-Trust Land Acquisition Applications in New York
State - www.dec.ny.gov/public/888.html
Oneida Indian Nation's Land Into Trust Application, Madison County -
www.madisoncounty.org/motf/OINTrustMain.html
Sherrill v. Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent
[Stevens]
Related Stories:
2nd Circuit hears Oneida Nation foreclosure case (11/07)
2nd Circuit to hear Oneida Nation foreclosure case (11/5)
Oneida Nation can't drop taxation lawsuits (8/14)
New York urged to collect taxes on Oneida Nation (8/3)
Wisconsin tribe opposes Oneida Nation trust land (06/21)
Land-into-trust next big move for Oneida Nation (6/15)
New York to appeal Oneida land claim decision (6/7)
Judge dismisses New York land-into-trust lawsuit (6/6)
Views: Oneida Nation, treaties and land claims (5/30)
Editorial: Collaboration needed on Oneida land claim (5/30)
Oneida Nation said to owe $248M in taxes (5/25)
Door still open for Oneidas on land claim (5/22)
BIA to act on Oneida Nation land-into-trust (5/10)
DOJ seeks dismissal of New York land-into-trust suit (04/26)
Cason explains misgivings on land-into-trust (04/20)
Oneida Nation shifts lobbying to Washington (03/12)
Oneida Nation fights to save land claim from dismissal (3/7)
Halbritter attributes Oneida success to hard work (3/5)
Fire destroys Oneida Nation carpentry shop (3/2)
Oneida Nation officially ends tax dispute with city (2/28)
Oneida Nation builds in-house legal department (2/13)
Another hearing on Oneida Nation land-into-trust (2/7)
Oneida Nation refused county inspection of gas pumps (1/22)
BIA schedules another Oneida land-into-trust meeting (1/10)
Copyright © Indianz.Com More headlines...
Feature Story:
BIA to rule on Oneida trust lands request (2/22)
Indianz.Com Casino Stalker (2/22)
Federal Recognition Database 2.0 (2/22)
In The Hoop Column (2/22)
Indian Gaming News (2/22)
The Federal Register (2/22)
Late Dakota veteran to receive Medal of Honor (2/22)
Rep. Renzi indicted on 35 counts for land deal (2/22)
Federal Register: Notices from BIA, BLM, HHS (2/22)
Job Opportunity: Blackfeet Nation attorney (2/22)
High court weighs Narragansett land-into-trust (2/22)
Cason to brief counties on Oneida land-into-trust (2/22)
Monteau: Keeping money in Indian Country (2/22)
Democrats expect over 100 Indian delegates (2/22)
Canada to apologize to Native residential students (2/22)
Column: Reservations are more than just land (2/22)
North Dakota tribes tired of 'Sioux' talks (2/22)
Leadership dispute stirs San Ildefonso Pueblo (2/22)
Elders asked to improve Mount Rushmore programs (2/22)
Hundreds attend meeting on Native land swap (2/22)
Alaska state troopers meet with Native village (2/22)
Iowa lawmakers weigh Native commission (2/22)
Lumbee Tribe irked by 'Lumbee' cigarettes (2/22)
Oklahoma tribes worried about Class II rules (2/22)
St. Croix Band to testify at House hearing (2/22)
Union won't drop Saginaw Chippewa effort (2/22)
Mashantucket Tribe joins Bahamas project (2/22)
Judge asked to dismiss Mohegan casino suit (2/22)
more headlines...
Posted by: "Joanne S." uscorrespondent@yahoo.com uscorrespondent
Sat Feb 23, 2008 6:03 am (PST)
Friends,
Many of us were involved in this Oneida tribal situation--about 5
or 6 of us right here on the Heart of the Ancestors' group. We still
hope for justice for the Shenandoah family and the tribe.
Thought I'd update everyone about what's going on, in general.
Blessings,
Joanne Beading Woman
From Indianz.com
BIA set to rule on Oneida Nation land-into-trust request
Friday, February 22, 2008
Filed Under: National | Trust
The Bush administration is set to make a decision on one of the most
controversial land-into-trust applications in Bureau of Indian
Affairs history.
In a Federal Register notice published today, the BIA announced the
release of a final environmental impact statement on the Oneida
Nation's land-into-trust application. The document identifies
a "preferred" option to acquire 13,086 acres in trust for the New
York tribe.
The option is less than the 17,000-plus acres the tribe sought in its
application. But it's a lot more than the 1,000 acres proposed by two
local counties.
The BIA is under no obligation to adopt any option though the
preferred option indicates where the agency is headed. Associate
deputy secretary Jim Cason will make a final decision on March 25 --
about three years after the tribe submitted its written request.
"The purpose of the proposed action is to help provide for the
[Oneida] Nation's cultural and social preservation, expression and
identity, political self-determination, self-sufficiency, and
economic growth by providing a tribal land base and homeland over
which the nation exercises tribal sovereignty," today's Federal
Register notice states.
The journey began after the tribe lost a major U.S. Supreme Court
case in March 2005. By an 8-1 vote, the justices said the tribe had
to go through the land-into-trust process before exercising
sovereignty within its 250,000-acre ancestral reservation.
"Congress has provided a mechanism for the acquisition of lands for
tribal communities that takes account of the interests of others with
stakes in the area's governance and well being," Justice Ruth Bader
Ginsburg wrote, referring to the Indian Reorganization Act of 1934,
which authorized the land-into-trust process.
The Oneida Nation, like other tribes in New York, lost its ancestral
reservation through illegal land transactions by the state. But
thanks to gaming and non-gaming revenues, the tribe repurchased more
than 17,000 acres on the open market in Oneida and Madison counties.
The tribe believed the newly acquired properties retained their
Indian Country status since the ancestral reservation was never
terminated by Congress. The Supreme Court decision forced the tribe
to go to step one in the lengthy land-into-trust process.
Without trust land status, the tribe would have to pay property taxes
to local governments and submit to local and state laws. The tribe
has since entered into agreements with some communities to address
the taxation and jurisdiction issues pending resolution of the land-
into-trust application.
The state of New York, however, claims the BIA has no authority to
act on the application. Echoing arguments being made in another land-
into-trust case that the Supreme Court is being urged to hear, the
state say the IRA doesn't apply to New York tribes.
Oneida and Madison counties don't want the BIA to take much action
either. Their proposed option limits the tribe to 1,026 acres,
including the Turning Stone Resort & Casino, some housing sites and
some cultural sites.
Regardless how the decisions turns out, litigation is likely. The
Citizens Equal Rights Alliance and the Central New York Fair Business
Association already sued the Interior Department to stop action on
the application but judge said the case was filed too early.
The final environmental impact statement will be available online at
www.oneidanationtrust.net or www.oneidanationtrust.com
Comments are being accepted until March 24.
Federal Register Notice:
Notice of Availability of Final Environmental Impact Statement for
the Proposed Transfer From Fee to Trust of Parcels Owned by the
Oneida Indian Nation of New York in Oneida and Madison Counties, New
York (February 22, 2008)
Relevant Documents:
Final EIS (March 2008) | Draft EIS (November 2006)
From the Indianz.Com Archive:
BIA official calls high court ruling 'quite depressing' (March 31,
2005)
Major defeat for Oneida Nation in Supreme Court case (March 30, 2005)
Relevant Links:
Oneida Nation Trust - www.oneidanationtrust.com
Oneida Nation, New York - www.oneida-nation.net
Indian Nation Fee-to-Trust Land Acquisition Applications in New York
State - www.dec.ny.gov/public/888.html
Oneida Indian Nation's Land Into Trust Application, Madison County -
www.madisoncounty.org/motf/OINTrustMain.html
Sherrill v. Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent
[Stevens]
Related Stories:
2nd Circuit hears Oneida Nation foreclosure case (11/07)
2nd Circuit to hear Oneida Nation foreclosure case (11/5)
Oneida Nation can't drop taxation lawsuits (8/14)
New York urged to collect taxes on Oneida Nation (8/3)
Wisconsin tribe opposes Oneida Nation trust land (06/21)
Land-into-trust next big move for Oneida Nation (6/15)
New York to appeal Oneida land claim decision (6/7)
Judge dismisses New York land-into-trust lawsuit (6/6)
Views: Oneida Nation, treaties and land claims (5/30)
Editorial: Collaboration needed on Oneida land claim (5/30)
Oneida Nation said to owe $248M in taxes (5/25)
Door still open for Oneidas on land claim (5/22)
BIA to act on Oneida Nation land-into-trust (5/10)
DOJ seeks dismissal of New York land-into-trust suit (04/26)
Cason explains misgivings on land-into-trust (04/20)
Oneida Nation shifts lobbying to Washington (03/12)
Oneida Nation fights to save land claim from dismissal (3/7)
Halbritter attributes Oneida success to hard work (3/5)
Fire destroys Oneida Nation carpentry shop (3/2)
Oneida Nation officially ends tax dispute with city (2/28)
Oneida Nation builds in-house legal department (2/13)
Another hearing on Oneida Nation land-into-trust (2/7)
Oneida Nation refused county inspection of gas pumps (1/22)
BIA schedules another Oneida land-into-trust meeting (1/10)
Copyright © Indianz.Com More headlines...
Feature Story:
BIA to rule on Oneida trust lands request (2/22)
Indianz.Com Casino Stalker (2/22)
Federal Recognition Database 2.0 (2/22)
In The Hoop Column (2/22)
Indian Gaming News (2/22)
The Federal Register (2/22)
Late Dakota veteran to receive Medal of Honor (2/22)
Rep. Renzi indicted on 35 counts for land deal (2/22)
Federal Register: Notices from BIA, BLM, HHS (2/22)
Job Opportunity: Blackfeet Nation attorney (2/22)
High court weighs Narragansett land-into-trust (2/22)
Cason to brief counties on Oneida land-into-trust (2/22)
Monteau: Keeping money in Indian Country (2/22)
Democrats expect over 100 Indian delegates (2/22)
Canada to apologize to Native residential students (2/22)
Column: Reservations are more than just land (2/22)
North Dakota tribes tired of 'Sioux' talks (2/22)
Leadership dispute stirs San Ildefonso Pueblo (2/22)
Elders asked to improve Mount Rushmore programs (2/22)
Hundreds attend meeting on Native land swap (2/22)
Alaska state troopers meet with Native village (2/22)
Iowa lawmakers weigh Native commission (2/22)
Lumbee Tribe irked by 'Lumbee' cigarettes (2/22)
Oklahoma tribes worried about Class II rules (2/22)
St. Croix Band to testify at House hearing (2/22)
Union won't drop Saginaw Chippewa effort (2/22)
Mashantucket Tribe joins Bahamas project (2/22)
Judge asked to dismiss Mohegan casino suit (2/22)
more headlines...