The Seneca-Cayugas of Oklahoma's latest settlement agreement with the state expired Thursday, reflecting the persistent dissipation of various plans to settle the tribe's land claims in Cayuga and Seneca counties.
The end of the most recent Seneca-Cayuga agreement was not unexpected by county officials.
"The issue was back then and not now," said Cayuga County Legislature Chairman Herb Marshall, referring to two recent federal court decisions that struck blows to the Cayuga and Oneida land claims because of the length of time between the tribes' loss of land and their current land claim litigation.
Following the U.S Supreme Court's March decision in the city of Sherrill vs. the Oneida Indian Nation case and the U.S. 2nd Circuit court of Appeals' June decision in the Cayuga Nation's and Seneca-Cayugas' land claim case, the wind fell out of Gov. George Pataki's plan to settle five Indian land claims in exchange for five Catskills casinos.
Both court decisions struck serious blows to the legal framework supporting New York land claims based on violations of the federal Non-Intercourse Act prohibiting any transfer of Indian land by entities besides the federal government.
Both the Seneca-Cayugas and the Cayuga Nation have appealed the 2-1 2nd Circuit decision overturning their land claim to the full 2nd Circuit.
Marshall expects the expiration of the settlement agreement will not affect the tribe's decisions to pay taxes on its Aurelius and Montezuma land.
The tribe presented a $70,000 check to county officials Aug. 18 for the back and present taxes owed on the tribe's parcels.
The agreement's continuing existence worried Marshall so little he had not even marked its expiration date.
Under the now-expired agreement announced Nov. 12, the tribe agreed to give up its Cayuga and Seneca land claims and its potential casino project in Aurelius in exchange for a class III casino in the Catskills, as well as its rights to monetary damages and sovereignty on its land holdings within the land claim area. The tribe also agreed to collect and pay taxes.
The agreement would also have made New York the first state to allow out-of-state tribes to open casinos within its borders.
No drama will likely result from the agreement's expiration and no new agreement is under works with the tribe, state officials said.
"There are no negotiations currently under way with the Seneca-Cayugas of Oklahoma," said Saleem Cheeks, a Pataki spokesperson.
Seneca-Cayuga Chief Paul Spicer could not be reached for comment Thursday.
A tribal official, Scott Wood, who has worked as the tribe's legal counsel, said in June the tribe could apply to the federal government for their land to be held in sovereign trust status if the proposed settlement agreement expired.
The Sherrill decision directed tribes to pursue that option, which the Cayuga and Oneida Nations have done.
Seneca-Cayuga official Dolly Pewitt, who visited Cayuga County in August, said at the time newly elected officials haven't yet discussed making the land-in-trust application.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or
at amaris.elliot engel@lee.net
"The issue was back then and not now," said Cayuga County Legislature Chairman Herb Marshall, referring to two recent federal court decisions that struck blows to the Cayuga and Oneida land claims because of the length of time between the tribes' loss of land and their current land claim litigation.
Following the U.S Supreme Court's March decision in the city of Sherrill vs. the Oneida Indian Nation case and the U.S. 2nd Circuit court of Appeals' June decision in the Cayuga Nation's and Seneca-Cayugas' land claim case, the wind fell out of Gov. George Pataki's plan to settle five Indian land claims in exchange for five Catskills casinos.
Both court decisions struck serious blows to the legal framework supporting New York land claims based on violations of the federal Non-Intercourse Act prohibiting any transfer of Indian land by entities besides the federal government.
Both the Seneca-Cayugas and the Cayuga Nation have appealed the 2-1 2nd Circuit decision overturning their land claim to the full 2nd Circuit.
Marshall expects the expiration of the settlement agreement will not affect the tribe's decisions to pay taxes on its Aurelius and Montezuma land.
The tribe presented a $70,000 check to county officials Aug. 18 for the back and present taxes owed on the tribe's parcels.
The agreement's continuing existence worried Marshall so little he had not even marked its expiration date.
Under the now-expired agreement announced Nov. 12, the tribe agreed to give up its Cayuga and Seneca land claims and its potential casino project in Aurelius in exchange for a class III casino in the Catskills, as well as its rights to monetary damages and sovereignty on its land holdings within the land claim area. The tribe also agreed to collect and pay taxes.
The agreement would also have made New York the first state to allow out-of-state tribes to open casinos within its borders.
No drama will likely result from the agreement's expiration and no new agreement is under works with the tribe, state officials said.
"There are no negotiations currently under way with the Seneca-Cayugas of Oklahoma," said Saleem Cheeks, a Pataki spokesperson.
Seneca-Cayuga Chief Paul Spicer could not be reached for comment Thursday.
A tribal official, Scott Wood, who has worked as the tribe's legal counsel, said in June the tribe could apply to the federal government for their land to be held in sovereign trust status if the proposed settlement agreement expired.
The Sherrill decision directed tribes to pursue that option, which the Cayuga and Oneida Nations have done.
Seneca-Cayuga official Dolly Pewitt, who visited Cayuga County in August, said at the time newly elected officials haven't yet discussed making the land-in-trust application.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or
at amaris.elliot engel@lee.net