- Details
- By Chez Oxendine
- Real Estate
This month's Tribal Land column dives into uncharted waters. While we typically keep our feet on solid ground, the Chumash Heritage National Marine Sanctuary story reminds us that generational interests and tribal sovereignty extend beyond the coastline.
We also surface a wave of developments in Native housing, as well as the return of ancestral lands to tribes in New York and California. Plus, a key legal battle over sacred sites, affordable housing grants for Michigan's tribes, and a policy effort to address affordable housing for California's tribal citizens.
Chumash Heritage National Marine Sanctuary nears final designation
A multigenerational dream will come to fruition following the designation of the Chumash Heritage National Marine Sanctuary off of the coast of California. The Biden administration announced the sanctuary’s designation by the National Oceanic and Atmospheric Administration Oct. 11. The sanctuary encompasses 4,543 square miles of Central California’s beautiful coastal and ocean waters.
The announcement kicks off a 45-day final review by Congress and California, with designation expected in December. For Violet Sage Walker, chairwoman of the Northern Chumash Tribal Council, the designation represents the culmination of decades of work.
“Each step we’ve taken in this determined campaign to fulfill the dream of my late father, Chief Fred Collins, has been sweeter and more poignant. I am overwhelmed with gratitude for all who have helped bring to life the vision of a Chumash Heritage National Marine Sanctuary,” Walker said in a statement.
The sanctuary will be the third largest in the U.S. and the first nominated by an Indigenous tribe. Plans were adjusted in May due to an agreement with offshore wind developers.
Tribes battle over ancestral site in Alabama
The 11th U.S. Circuit Court of Appeals has revived a lawsuit leveraged by the Muscogee (Creek) Nation against the Poarch Band of Creek Indians over the latter’s Wind Creek Casino and Hotel in Wetumpka, Alabama.
The lawsuit asserts that the Poarch Band do not have the same ancestral ties to the area - specifically a sacred site called Hickory Ground - as the Muscogee (Creek) Nation, whose reservation is now in Northeast Oklahoma, per an Associated Press report. The lawsuit was first filed in 2012, and then mired in legal proceedings until 2021 when a federal judge threw it out.
On Oct. 16, a three-judge panel vacated that dismissal and revived the suit, which asserts that the Poarch Band’s development of Wind Creek Casino and Hotel disturbed ancestral Muscogee grave sites. In particular, the judges are examining “claim by claim” whether or not the Poarch Band has sovereign immunity against the Muscogee (Creek) Nation’s claims, per a report by ICT.
“The Eleventh Circuit’s decision reaffirms our Nation’s sacred and historical ties to Hickory Ground, while also affirming our sovereign right to seek justice against federal agencies and other entities that violated the laws protecting this sacred land,” Muscogee (Creek) Nation Principal Chief David Hill said in a statement.
A spokesperson for the Poarch Band said in a statement the court is examining the case not concluding in the Muscogee (Creek) Nation’s favor.
“As the case returns to the District Court, we remain confident in our position. Our focus continues to be on protecting the interests of the Poarch Creek community and upholding our sovereign rights,” Poarch Band spokeswoman Kristin Hellmich told ICT in an emailed statement.
LandBack
The Coachella Valley Mountains Conservancy in California conveyed 320 acres of land back to the Agua Caliente Band of Cahuilla Indians in mid October, per a report by the Palm Springs Post. Together with a 280-acre donation made by nonprofit Friends of the Desert Mountains last April, the tribe has received 600 acres back in the last year.
Across the country, in the state of New York, the Onondaga Nation received 1,000 acres of land returned to the tribe by conglomerate corporation Honeywell International. The transfer occurred following a federal settlement related to environmental contamination, per an Associated Press report. “This is a small but important step for us, and for the Indigenous land back movement across the United States,” Onondaga Chief Sid Hill said in a prepared statement. “[We’re grateful for the return of] 1,000 acres of the 2.5 million acres of treaty-guaranteed land taken from us over the centuries.”
Funding
NDN Fund has provided a $750,000 loan to Qizhjeh Vena, an Alaska Native women-led nonprofit, to finance the purchase of Koksetna Wilderness Lodge and surrounding land on Lake Clark. The funding allows Qizhjeh Vena to secure ownership of the lodge, which will be used as a cultural preservation center and a gateway to the ecologically significant area within Lake Clark National Park, home to the world’s largest sockeye salmon runs. The acquisition protects the land under Dena’ina women’s leadership, aligning with Qizhjeh Vena’s mission to safeguard Indigenous ways of life and support long-term stewardship of vital natural resources.
The Federal Home Loan Bank of Indianapolis has launched pre-development affordable housing grants for 12 federally recognized tribal nations in Michigan through its Tribal Nations Housing Development Assistance Program. The bank is offering $800,000 in project-specific grants, with up to $75,000 available per project for rental or homeownership initiatives, according to a news release. This program, in partnership with the Michigan State Housing Development Authority, combines grant funding with technical assistance to support tribes in creating tailored housing solutions. The initiative represents FHLBank Indianapolis' largest investment to a single organization, totaling up to $3 million.
Noteworthy
The Tunica-Biloxi Tribe of Louisiana has broken ground on a $6.4 million affordable housing project in Marksville. The development, funded by a HUD Indian Housing Block Grant, will create 19 new housing units for tribal citizens. The homes will serve various needs, including elderly and emergency housing, and will be ADA accessible. Chairman Marshall Pierite emphasized the project's importance in addressing housing instability among tribal members. The development is set to be completed by September 2028 and is part of a broader HUD initiative to support Native American housing projects.
The Cherokee Nation has announced first-phase completion of a comprehensive study around its tribal housing. Data revealed a need of roughly 8,800 housing units of all types and price points, totaling a $1.75 billion gap in need versus supply, per a press release from the tribe. In September, the Nation recently signed the Cherokee Nation Housing, Jobs, and Sustainable Communities Act, which Deputy Chief Bryan Warner said would begin to address the problem with a perpetual allocation of $40 million every three years to housing projects. “We know these figures emphasize the urgent need for immediate and sustained action to meet the housing demands of the Cherokee people. We’re making that a priority every day, and we now have permanent funding to help us make even more progress,” Warner said.
The Wisconsin Native Loan Fund, a Native community development financial institution focused on home purchase, renovation, and down-payment assistance, will establish a coalition of local agencies to widen access to housing in the state. The Wisconsin Native Homeownership Coalition will be established through a grant from New York-based Morgan Stanley Investment Managers and Washington, D.C.-based Opportunity Finance Network, according to a Morgan Stanley press release. (As of this writing, the exact funding amount had not been disclosed.) The Wisconsin Native Homeownership Coalition will pull together multiple Native CDFIs in Wisconsin, including First American Capital Corporation, Cedar Growth, Wisconsin Native Loan Fund, and Woodland Financial Partners to address barriers and challenges causing a gap in Native homeownership. Coalition services will include technical assistance services and financial education and training.
Policy
A new California law, SB 1187, aims to address affordable housing shortages in Native American communities. Sponsored by State Senator Mike McGuire, the Tribal Housing Reconstitution and Resiliency Act establishes a dedicated grant program for tribal housing projects. The law requires annual funding from existing state housing programs to be allocated to a new Tribal Housing Grant Program Trust Fund. Moriah McGill, Deputy Director of the Northern Circle Indian Housing Authority, worked closely with McGuire on the bill. The legislation is expected to provide tribes with more consistent funding and flexibility for long-term housing projects, addressing challenges faced under previous federal programs, according to The Mendocino Voice.
If you have news or information about landback acquisitions or deals involving tribal land, shoot me a note at [email protected].
