A Native American tribe has retained its title to a portion of a national preserve in northern New Mexico following a yearslong court battle against the federal government.
VIDEO: Native Americans facing disenrollment fight to remain with tribeA Native American tribe has been granted title to a portion of a national preserve in northern New Mexico following a yearslong court battle against the federal government, a ruling that could provide hope to other tribes seeking to regain rights to their traditional homelands.
The latest ruling acknowledged the pueblo's title to an area known as Banco Bonito but rejected claims to three other areas, with the court saying the tribe had not put the government on notice that it was seeking claim to those specific areas. “I think one of the most significant things is that it made what I believe is a breakthrough in determining that tribes can reclaim land to which they have aboriginal title that has not been lawfully extinguished,” he said. “That point was not at all clear in the past.”
“There is no reason tribes nationwide could not file similar claims seeking aboriginal title to lands within the 18 other national preserves scattered throughout the United States or, for that matter, to any lands owned or later acquired by the government,” Moritz wrote. Jemez Pueblo first sued the federal government in 2012, saying tribes have legal and just claims to retain possession of land that they have historically occupied within the United States. The legal fight came as members of Congress and others started to push for management of the sprawling preserve to be transferred to the National Park Service.
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