The federal government will not recognize an election organized by pro-casino Cayuga Indian Nation members to change their tribe's form of government, according to a letter sent from the federal Bureau of Indian Affairs to the Cayuga Nation.

Bureau of Indian Affairs Regional Director Franklin Keel wrote July 18 to Gary Wheeler, Timothy Twoguns and Michael Wheeler that the recognition of a new provisional council is being denied because only two of the six recognized members of the Cayuga Nation Council requested a new form of government and a majority of adult members did not vote in the May election to change the government.

"It is our determination that the level of support for changing the form of government of the Cayuga Nation is insufficient for the Bureau of Indian Affairs to alter its recognition of the Cayuga Nation's form of government," Keel wrote.

In the election organized by Twoguns and Gary Wheeler in May, 96 ballots were returned of 348 total ballots, and 61 tribal members voted to change the Cayuga government.

"That was obviously an important and a big piece of news for traditional leaders I represent," said Joseph Heath, an attorney representing recently condoled chiefs Bear Clan member Sam George and Heron Clan member William "Chuck" Jacobs.

Keel also sent a letter to Heath's clients, George and Jacobs, saying the federal government won't recognize them as the Nation's leaders until they present evidence that their condolences were properly ratified by the Heron and Bear clans, as well as the Nation Council.

Clint Halftown remains the tribe's government representative.

Gary Wheeler said he was disappointed in the BIA's decision, but he and his allies will take advantage of a conflict resolution offer from Keel.

"A third party might better be able to get what everybody wants down on paper at least," Gary Wheeler said.

The Cayuga Nation's casino development partner, Empire Resorts, also said they welcomed the mediation opportunity.

"Working with our partner, the Cayuga Provisional Council, we fully support mediation to finally resolve these outstanding leadership issues and gain support from the BIA. We believe the Cayuga Nation of New York can bridge these matters and, in doing so, move toward development of a Cayuga casino in the Catskills," said David Hanlon, chief executive officer and president of Empire Resorts.

Funds advanced to the Nation from Empire Resorts were used to pay for Twoguns' and Gary Wheeler's election effort.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net