Sherill, New York v Oneida Indian Nation
Sherrill, New York v Oneida Indian Nation
Update:The U.S. Supreme Court heard oral arguments on January 11 in a case thatcould have significant implications for tribal sovereignty. In City ofSherrill, New York v. Oneida Indian Nation of New York, the Court will decide whether the town of Sherrill, New York can tax businesses operated by a tribe on lands that were once part of the Oneida Nation, then lost to them and later reacquired by them. Normally, neither a municipality nor a state can impose taxes on land owned by a tribe from time immemorial or on land made a part of a tribal reservation by the federal government.
This limitation grows out of sovereignty. Nations do not tax other nations; Canada does not tax the U.S. However, federal law has evolved in such a way that states can tax property outside of a reservation owned by an individual Native American and can tax a land holding which was purchased by a tribe but never made formally a part of its territory.
In the current Supreme Court case, tribal attorneys argued that the land in question was never fully out of tribal ownership because of the way that the State of New York had expropriated it. Some observers noted that during oral argument the Justices, by the nature of their questions, appeared to side with the Oneida Nation on that issue. It should also be noted, however, that attorneys for Sherrill City argued that tribal claims of aboriginal title should be brought in a timely manner, rather than after many years of inaction.
In past SupremeCourt cases about tribes, this legal concept has not been made applicable to Indian land claims. However, two of the current justices have argued that it should be relevant. If they were to get three more justices to agree with them on this timeliness issue, it could be a major setback. Since so many tribes lost land by illegal means and only regained it through prolonged court struggles, such a ruling would jeopardize Indian claims to ancestral land which they did not "own"continuously. A decision will be issued by the Court sometime in the spring.
Composition of the Senate Committee on Indian Affairs:
Senate Committee on Indian Affairs is now in place for the 109thCongress. There have been leadership changes from the 108th Congress.
Republican John McCain (AZ) is now the chair of the committee. McCain served previously as committee chair during the 104th Congress. McCain replaces Senator Ben Nighthorse Campbell (CO), who retired and joined the Holland and Knight law firm. Democrat Byron Dorgan (ND), an experienced committee member, is the vice-chair and ranking minority member. During the previous Congress, Senator Daniel Inouye (HI) held the vice-chair position for the Democrats. Inouye will continue to serve as a lower ranking member, so that he can give more attention to his position as vice-chair on the Commerce, Science, and Transportation Committee.
Senators Lisa Murkowski (AK), Pete Domenici (NM), Kent Conrad (ND),Daniel Akaka (HI), Tim Johnson (SD), Maria Cantwell (WA), Gordon Smith(OR) and Craig Thomas (WY) continue to serve on the committee.
SenatorsTom Coburn (OK), Mike Crapo (ID), Richard Burr (NC) are new to thecommittee.
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FCNL Native American Legislative Updates are intended as a supplement to other FCNL materials and do not reflect FCNL's complete policy position on any issue, nor do they include all pertinent facts on any topic.
Formore information, or to request the FCNL Indian Report and other background documents, please contact the FCNL'sNative American Advocacy Program: (202) 547-6000, 245 2nd St. NE,Washington, DC 20002;Or visit http://www.fcnl.org/issues/nat/natindx.htmv
Update:The U.S. Supreme Court heard oral arguments on January 11 in a case thatcould have significant implications for tribal sovereignty. In City ofSherrill, New York v. Oneida Indian Nation of New York, the Court will decide whether the town of Sherrill, New York can tax businesses operated by a tribe on lands that were once part of the Oneida Nation, then lost to them and later reacquired by them. Normally, neither a municipality nor a state can impose taxes on land owned by a tribe from time immemorial or on land made a part of a tribal reservation by the federal government.
This limitation grows out of sovereignty. Nations do not tax other nations; Canada does not tax the U.S. However, federal law has evolved in such a way that states can tax property outside of a reservation owned by an individual Native American and can tax a land holding which was purchased by a tribe but never made formally a part of its territory.
In the current Supreme Court case, tribal attorneys argued that the land in question was never fully out of tribal ownership because of the way that the State of New York had expropriated it. Some observers noted that during oral argument the Justices, by the nature of their questions, appeared to side with the Oneida Nation on that issue. It should also be noted, however, that attorneys for Sherrill City argued that tribal claims of aboriginal title should be brought in a timely manner, rather than after many years of inaction.
In past SupremeCourt cases about tribes, this legal concept has not been made applicable to Indian land claims. However, two of the current justices have argued that it should be relevant. If they were to get three more justices to agree with them on this timeliness issue, it could be a major setback. Since so many tribes lost land by illegal means and only regained it through prolonged court struggles, such a ruling would jeopardize Indian claims to ancestral land which they did not "own"continuously. A decision will be issued by the Court sometime in the spring.
Composition of the Senate Committee on Indian Affairs:
Senate Committee on Indian Affairs is now in place for the 109thCongress. There have been leadership changes from the 108th Congress.
Republican John McCain (AZ) is now the chair of the committee. McCain served previously as committee chair during the 104th Congress. McCain replaces Senator Ben Nighthorse Campbell (CO), who retired and joined the Holland and Knight law firm. Democrat Byron Dorgan (ND), an experienced committee member, is the vice-chair and ranking minority member. During the previous Congress, Senator Daniel Inouye (HI) held the vice-chair position for the Democrats. Inouye will continue to serve as a lower ranking member, so that he can give more attention to his position as vice-chair on the Commerce, Science, and Transportation Committee.
Senators Lisa Murkowski (AK), Pete Domenici (NM), Kent Conrad (ND),Daniel Akaka (HI), Tim Johnson (SD), Maria Cantwell (WA), Gordon Smith(OR) and Craig Thomas (WY) continue to serve on the committee.
SenatorsTom Coburn (OK), Mike Crapo (ID), Richard Burr (NC) are new to thecommittee.
---------------------------
FCNL Native American Legislative Updates are intended as a supplement to other FCNL materials and do not reflect FCNL's complete policy position on any issue, nor do they include all pertinent facts on any topic.
Formore information, or to request the FCNL Indian Report and other background documents, please contact the FCNL'sNative American Advocacy Program: (202) 547-6000, 245 2nd St. NE,Washington, DC 20002;Or visit http://www.fcnl.org/issues/nat/natindx.htmv
posted by T. Scott Brineman at 10:45 AM
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