Ute Tribe urges DC Circuit to restore land ownership in Utah – Missoula Current

Ute Indian Tribe Appeals for Land Ownership Under 1880 Treaty

Background and Legal Context

The Ute Indian Tribe of the Uintah and Ouray Indian Reservation, located in Northeastern Utah, has appealed to a D.C. Circuit panel to overturn a lower court ruling that denied their claim to ownership of 1.5 million acres within their reservation. This claim is based on an 1880 treaty with the United States and the Indian Reorganization Act.

Tribal Claims and Legal Arguments

1. Compensable Title Under Indian Reorganization Act
   • The tribe asserts that Congress intended to grant them “compensable title” to the land in exchange for relocating to the reservation.
   • Attorney Jeffrey Rasmussen emphasized that the Uncompahgre band was promised effective ownership or compensation if the government sold any portion of the land.
   • The government held 1.5 million acres in trust following the 1880 statute.
2. Land Characteristics and Government Actions
   • The land is largely unsuitable for agriculture, with only 1,900 acres arable out of 1.9 million.
   • Despite this, the reservation contains one of the best oilfields in the United States, which may explain government reluctance to transfer ownership.
3. Historical Treaties and Land Agreements
   • The Ute Tribe’s ancestral lands spanned from Denver to Salt Lake City.
   • They entered treaties in 1863 and 1868, ceding land in exchange for a permanent reservation.
   • The 1880 statute required the tribe to relinquish an additional 3.7 million acres for a smaller reservation.

Legal Proceedings and Government Position

• In 2018, Interior Department Deputy Secretary David Bernhardt denied the tribe’s request to restore the 1.5 million acres, citing legal opinions that restoration required entitlement to sale proceeds.
• The U.S. District Court for the District of Columbia ruled in favor of the government, stating the tribe had no compensable title to the land.
• The Justice Department argued that the 1880 statute focused on allotment of individual parcels rather than establishing a replacement reservation.

Judicial Panel

• The appeal is being heard by a three-judge panel including Chief U.S. Circuit Judge Sri Srinivasan, and Judges Gregory Katsas and Judith Rogers.

Emphasis on Sustainable Development Goals (SDGs)

SDG 10: Reduced Inequalities

The Ute Tribe’s pursuit of rightful land ownership aligns with SDG 10 by addressing historical injustices and promoting equitable rights for indigenous peoples. Recognizing tribal land rights helps reduce social and economic disparities.

SDG 15: Life on Land

Proper stewardship and ownership of the land by the tribe can enhance sustainable land management practices, preserving biodiversity and natural resources within the reservation.

SDG 16: Peace, Justice, and Strong Institutions

The legal process underscores the importance of justice and strong institutions in resolving long-standing land disputes, promoting the rule of law and respect for treaties with indigenous communities.

SDG 8: Decent Work and Economic Growth

Securing land rights may enable the tribe to develop sustainable economic activities, including responsible resource management, which supports economic growth and employment opportunities within the community.

Summary of Key Points Related to SDGs

• Recognition of indigenous land rights contributes to social inclusion and reduced inequalities (SDG 10).
• Tribal management of natural resources supports environmental sustainability (SDG 15).
• Legal adjudication of land claims strengthens justice systems and institutional trust (SDG 16).
• Potential for sustainable economic development through resource management aligns with SDG 8.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 10: Reduced Inequalities
   • The article discusses the legal struggle of the Ute Indian Tribe to reclaim ownership of their ancestral lands, highlighting issues of indigenous rights and historical injustices.
2. SDG 16: Peace, Justice and Strong Institutions
   • The legal processes and court rulings related to land ownership and treaty enforcement reflect the importance of justice, rule of law, and effective institutions.
3. SDG 15: Life on Land
   • The article mentions land management, including the use of land for agriculture and natural resources such as oilfields, which relates to sustainable land use and conservation.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 10 – Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices.
   • The tribe’s fight for recognition of their land rights under historic treaties addresses eliminating discriminatory treatment of indigenous peoples.
2. SDG 16 – Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • The legal appeals and court decisions about land ownership reflect efforts to uphold rule of law and access to justice for indigenous communities.
3. SDG 15 – Target 15.2: Promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests, and substantially increase afforestation and reforestation globally.
   • While not explicitly about forests, the sustainable management and ownership of large land areas including natural resources is relevant to this target.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Indicator for SDG 10.3: Proportion of population reporting discrimination or unfair treatment based on ethnicity or indigenous status.
   • The article implies ongoing discrimination through denial of land rights, which could be tracked via surveys or legal case outcomes.
2. Indicator for SDG 16.3: Proportion of victims of violence who reported their victimization to competent authorities.
   • While not about violence, legal claims and appeals by the tribe reflect access to justice mechanisms relevant to this indicator.
3. Indicator for SDG 15.2: Proportion of land that is degraded over total land area.
   • The article notes that only 1,900 acres of the 1.9 million are arable, indicating land quality and use, which relates to land degradation metrics.

4. Table of SDGs, Targets, and Indicators

Source: missoulacurrent.com