Land return

Oneida Indian Nation reacquisition and trust applications

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

The Oneida Nation has bought back old New York reservation land; the Supreme Court said purchase alone doesn't restore sovereignty.

Nation
Oneida (Haudenosaunee)
Where
Madison and Oneida counties, New York
Acres
18,000
Began
1970
Status
In progress

Where the land is

Sherrill, Oneida County, New York. Only the general area is shown.

The map marks only the general area, so this page does not say which recorded cession the land falls in.

Location from law.cornell.edu.

What happened

The Oneida Indian Nation of New York has been buying back land in central New York that was once part of its reservation. In City of Sherrill v. Oneida Indian Nation (decided March 29, 2005), the Supreme Court set out the history. A 1788 treaty with New York left the Oneidas a reservation of about 300,000 acres, which the United States acknowledged in the 1794 Treaty of Canandaigua. New York kept buying reservation land, and by 1920 the Oneidas in New York held only 32 acres.

In 1997 and 1998 the Nation bought parcels in the city of Sherrill on the open market, land last held by the Oneidas in 1805. It then refused to pay property taxes on them. The Court held that, given the long passage of time and the state's long exercise of authority, the Tribe cannot unilaterally revive its ancient sovereignty over the parcels; the Oneidas cannot regain governmental power through open-market purchases.

Trust status is the other route. In May 2013, according to Indianz.com, an agreement between the Nation and New York ended litigation over a pending trust application and capped total acquisitions at 25,000 acres. A February 17, 2023 Interior fact sheet says the Assistant Secretary made a final determination to acquire approximately 270 acres in 16 parcels in Madison and Oneida counties into trust, land the Nation holds in fee and uses for gaming and other purposes. The fact sheet says no opposition was received.

Good to know. The 270 acres is one trust decision, not the Nation's total holdings. Under the 2013 agreement total trust acquisitions are capped at 25,000 acres.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Supported by the sources below; some details rest on one source.

  1. the Tribe cannot unilaterally revive its ancient sovereignty, in whole or in part, over the parcels at issueCity of Sherrill v. Oneida Indian Nation of New York, 544 U.S. 197 (2005)
  2. By 1920, the New York Oneidas retained only 32 acres in the State.City of Sherrill v. Oneida Indian Nation of New York, 544 U.S. 197 (2005)
  3. It ends litigation over a pending land-into-trust application and caps total acquisitions to 25,000 acres.Oneida Nation land agreement clears one vote in New York (Indianz.com, May 29, 2013)
  4. to acquire approximately 270 acres of land into trust for the Oneida Indian NationFact Sheet and Q&A: Notice of Fee-to-Trust Acquisition for the Oneida Indian Nation (BIA, Feb. 17, 2023)

Research notes. The atlas figure of about 18,000 acres in trust (from Wikipedia) was not confirmed in any source opened; the 25,000-acre cap is from Indianz.com, which reports on the 2013 agreement. The agreement's text was not read. The 270-acre decision is a single trust action, not the Nation's total holdings. Acreage is therefore an estimate and not a verified total.

Who is doing the work

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Connections

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Nations named 2

Located in 1

Policy era 1

Responds to 1

Supported by 1

Sources

  1. bia.gov/sites/default/files/dup/inline-files/508_compliant_2023.02.17_oneida_nation_fact_sreference work
  2. en.wikipedia.org/wiki/Oneida_Indian_Nationpointer
Kind
Land return
Confidence
Medium
Nation review
Not yet reviewed by this nation

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