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Department failed to comply with federal statute.

Written by Administrator

Thursday, 25 March 2010

Ned Norris Jr. Chairman Tohono O’odham Nation Claim: Department failed to comply with federal statute. Thursday, March 25, 2010 In a legal move Monday, the Tohono O'odham Nation filed suit in District Court for the District of Columbia against the United States “for its failure to comply with the requirements of the Gila Bend Indian Reservation Lands Replacement Act (Pub. L. No. 99-503). That federal statute requires the Secretary of the Interior to acquire for the Nation new trust land to compensate the Nation for nearly 10,000 acres of its reservation lands destroyed as a result of the federal government's construction and operation of the Painted Rock Dam. “It has been well over a year since the Nation asked the Department of the Interior (DOI) to take its Maricopa County land into trust. Even though the Bureau of Indian Affairs' Western Regional Office and BIA Headquarters stated publicly that the Nation's land meets the requirements of the Lands Replacement Act, nearly 10 months ago, DOI has failed to take the steps necessary to complete the process by which the Nation's Maricopa County land will be taken into trust.” Tohono O'odham's suit seeks to compel the Interior Department to immediately comply with its statutory and trust obligations and accept trust title to the Nation's land. In a press release sent to news organizations Monday, Ned Norris Jr., Chairman of the Tohono O'odham Nation, wrote, “We have tried very hard to work with, not against, the Department, but at some point it became clear that the Department has simply stopped processing the Nation's application. The decision to sue was a difficult one, but the Department of Interior's failure to be responsive to our request has left us no other alternative.” Recently a state court decision called into question whether a portion of the Nation's land is eligible to be acquired in trust. Norris said in the press release, “While we strongly disagree with the state court's decision, the fact is that this decision only affects a portion of our Maricopa County lands. We expect the Department (of Interior) to finish the fee-to-trust process for the portion of our land that is unaffected, as the eligibility of that portion of our land has never been in doubt.” In the meantime, the Arizona Legislature has come up with a bill, HB 2297, which passed in the House by a close vote, but has stalled in the Senate. The bill, if signed into law, would allow Arizona cities and towns to annex land without a landowner's consent and without due process. Norris' reacted quickly, saying, ““HB 2297 is unconstitutional and a direct attack against the Tohono O'odham Nation. It is also an affront to all Arizona tribes and indeed, all Arizonans. It undermines the basic constitutional rights afforded to all of us as Americans. It is time for the authors of HB 2297 to abandon the legislation so we can all focus on providing a new and significant economic development opportunity for the Nation, the West Valley and the entire state of Arizona. “This legislation is an unjust and unjustifiable taking of the Tohono O'odham Nation's property rights. Additionally, it violates the U.S. Constitution's Supremacy Clause and the rights of Due Process and Equal Protection as guaranteed by the Fourteenth Amendment of the United States Constitution.” The Nation sought Waxman's opinion on the legislation, and in his report, Waxman said it would violate the 14th Amendment protections assuring every person “equal protection of the laws” and forbidding the taking of “life, liberty or property without due process of the law.” Waxman also concluded HB 2297 would violate the Constitution's Takings Clause, which requires that private property may not “be taken for public use without just compensation.” Waxman wrote, “The Nation has a strong argument that annexation of its land pursuant to HB 2297 would be a taking, entitling the Nation to just compensation for the loss of the highest and most profitable use of its property.” The Tohono O'odham Nation is a federally-recognized, sovereign tribe located in southern and central Arizona. For more information about the Tohono O'odham Nation and its proposed resort/casino in the West Valley, visit http://www.tonation-nsn.gov/ and www.westvalleyopportunity.com . http://www.glendalestar.com/articles/2010/03/25/news/news06.txt

 

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