The U.S. Department of the Interior has confirmed that Westwoods property in Hampton Bays belongs to the Shinnecock Tribal Nation.
The department released a document Thursday that stated it examined the land title status of the area and determined it is within its “aboriginal territory.” The Bureau of Indian Affairs said this reaffirms the Nation’s sovereignty.
Bryan Newland, assistant secretary of the Department of the Interior, officially confirmed the property is registered to the Nation after several years of “researching relevant information provided by not only the Nation but Southampton Town public records.” The statement confirms that the land has been the Nation’s aboriginal territory since time immemorial.
“Westwoods is within the purview of the Nonintercourse Act and is therefore restricted against alienation absent consent of the United States. This land is and has always been restricted fee land held by the Nation and is now recorded to reflect such status,” Newland said.
The property's classification was in question after the Town of Southampton filed a lawsuit against the Tribe trustees over the construction of a travel plaza on the property. The construction prompted complaints from nearby residents, some of whom, including board members, questioned the tribe’s sovereignty on the Westwoods property.
In August, the Nation broke ground on a new gas station and travel plaza on Newtown Road. The lawsuit, which was filed in December, alleges that the construction violates zoning ordinances and state and local laws. The tribe argued that the area is part of its sovereign territory and not subject to state or local zoning.
In response to the suit, Shinnecock attorney Tela Troge said it was a “legally dubious and ethically misguided” attack against the Nation. She assured that Westwoods remains a vital and protected part of Shinnecock territory.
“Despite the town’s actions, the Shinnecock Nation remains steadfast and undeterred in its pursuit of justice. While confident that the matter will ultimately be resolved in its favor, members of the Nation condemn the irreparable damage this lawsuit has inflicted on any semblance of good relations between the Town of Southampton and the Shinnecock Nation,” Troge said.
The Shinnecock Nation Council of Trustees released a statement Thursday in support of the BIA’s determination. Trustees said it confirms the Nation’s previous assertion that the Westwoods property falls into the “restricted fee land status.”
“Moving forward, the Shinnecock Nation welcomes the opportunity to work with New York state and Southampton Town on a government-to-government relationship and that this determination dispels any misconceptions. The Nation will consider any concerns that have been raised regarding the jurisdiction over our Westwoods aboriginal territory and other ancestral tribal lands,” they said.
The official determination means the Westwoods parcel’s “metes and bounds” have been recorded into the BIA’s Trust Asset and Accounting Management System (TAAMS).
The Town of Southampton has not yet released an official statement about the BIA’s determination. However, Council member Michael Iasilli released a statement urging the other members to consider a government-to-government partnership. Iasilli said that given the determination, the Town should reassess its approach that brought legal action.
“I believe the appropriate action now is to work together. Continuance of the town’s legal action against the Nation in light of this clarification from BIA will only harm Shinnecock-Southampton relations, rehash the traumatic history of displacement of Native Americans, and prove wasteful to hardworking taxpayers,” Iasilli said. “As the New Year begins, my hope is we can all work collaboratively to reset and restart in a positive and productive direction.”
For months, residents have expressed their frustration at town board meetings about the travel plaza being built. At a meeting in September, board members told residents that they had consulted town attorneys. They claimed they were considering seeking legal advice because of the federal rules regarding tribal sovereignty. However, it is unclear how the recent determination will affect the town's current lawsuit.
“There are still questions that require the town’s input, such as the Nation’s access to local utilities and emergency response services. Therefore, it is critical that the federal government play a more active role at this juncture, providing recommendations and mediation on how we proceed as a municipality with the Nation on these matters,” Iasilli said.