Nozzolio: No 'back-door sovereignty' for Cayugas

By The Citizen staff report

Wednesday, April 20, 2005 10:18 AM EDT

The state Senate Tuesday urged the federal government to reject the Cayuga Indian Nation of New York's attempt to make its land holdings sovereign by placing them in a trust or declared "restricted fee."
The Senate, in a voice vote, overwhelmingly approved a resolution sponsored by state Sen. Michael F. Nozzolio, R-Fayette. The resolution, which came a few days after Nozzolio sent a letter last week to federal officials, is aimed at the U.S. Department of Interior.

Meanwhile, an attorney representing the Cayuga Indian Nation said the tribe is close to a deal with Cayuga County that will allow inspectors to test the gasoline pumps at its Union Springs service station.

The Cayugas and the nearby Oneida Indian Nation are seeking to make their land tax exempt by applying to the federal Bureau of Indian Affairs, a division of the interior department.

They took that step after the U.S. Supreme Court ruled last month in a case involving the city of Sherrill that the Oneidas' off-reservation land holdings were not automatically sovereign.

"The Cayuga Indian Nation is looking for back-door sovereignty and attempting to disregard the United States Supreme Court," Nozzolio said in a press release.

But Daniel French, a Syracuse attorney who is filing the trust application on behalf of the Cayugas, said the Supreme Court actually outlined the BIA process in its decision as the proper way for tribes to secure sovereign status on their land.

"The Cayuga Nation is merely following the Supreme Court's direction," he said.

The Senate's move Tuesday also came after Gov. George Pataki's announcement last week that he was withdrawing his proposed Indian land claim settlement legislation, in part because of the issues raised by the Supreme Court in the Sherrill case.

Pataki has vowed to negotiate a new settlement.

Nozzolio has opposed a land claim deal.

"Collection of taxes on Indian properties is fair, will level the playing field for our areas businesses, and I will continue to fight to see that it is accomplished," Nozzolio said.

"The Cayuga Nation hopes that Senator Nozzolio and the New York state Senate moves as quickly when it's time to ratify the settlement of the land claim," French said.

Since the Sherrill decision, Cayuga County officials have been preparing to conduct on-site tests of Cayuga Nation gasoline pumps.

French said the tribe and the county are near a deal that would allow for the pumps to be tested, with the understanding that neither side is giving up any potential legal rights pending the decision of the BIA.

Cayuga County Chairman Herb Marshall could not be reached Tuesday for comment.

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