Seneca County lawmakers have called for a moratorium of the Cayuga Nation's land in trust application, but federal leaders indicate such a delay is improbable because of the constitutional issues involved.
Meanwhile, attorneys for the tribe expect the notices to local officials about the application to be sent within days.
Under federal law, the Cayuga Nation cannot be denied the right to petition the federal government for its land to be taken into trust, said a spokesman for U.S. Rep. Sherwood Boehlert, R-New Hartford.
“But the bottom line is no application can even be approved until each tribe involved in the application pays their taxes and meets all outstanding requirements,” the spokesman said.
Seneca County leaders called for the moratorium because of the encouragement they received from U.S. Sen. Charles Schumer, a Democrat, in opposition to the application during a visit Schumer made to the county in October, said David Dresser, the chairman of the county's land claim committee.
“The whole idea of putting land into trust was not designed for densely populated areas,” Schumer said in a news release. “I will support the counties' opposition to putting land into trust in Seneca and Cayuga counties.”
Seneca County Attorney Steven Getman said current federal statues governing the application process are vague and do not address the implications of a land in trust application in a populated eastern state, so the county is asking for the moratorium to allow for the reform of the land in trust, or fee in trust, regulations.
“The Cayugas could conceivably apply under the new guidelines,” he said.
The land in trust application process was authorized by Congress in 1934 following the loss of tribal lands because of federal government policies in the 1800s. According to the Department of Interior, only 8 percent of the lands lost to Indians in the 1800s have been reacquired.
No land has ever been taken into trust in New York before, but both the Cayugas and the Oneidas have applied for their land to be taken into trust.
The U.S. Supreme Court's City of Sherrill v. Oneida Indian Nation ruled out tribe's regaining sovereign land through open-market purchases and directed tribes to apply to the U.S. Department of Interior to take the land they own into sovereign trust status. Under that process, the tribes must settle tax liens on properties before the Interior department will accept them into trust.
The tribe has not owned its 30 acres in Seneca County and 111 acres in Cayuga County for long enough for the counties to be able to claim tax liens on the land.
“The Cayuga Nation will continue to follow the advice of the United States Supreme Court and move its land into trust,” said Dan French, who represents the tribe's federal recognized representative, Clint Halftown. “The Cayuga Indians look forward to a return to their ancestral lands.”
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or amaris.elliot-engel@lee.net
Under federal law, the Cayuga Nation cannot be denied the right to petition the federal government for its land to be taken into trust, said a spokesman for U.S. Rep. Sherwood Boehlert, R-New Hartford.
“But the bottom line is no application can even be approved until each tribe involved in the application pays their taxes and meets all outstanding requirements,” the spokesman said.
Seneca County leaders called for the moratorium because of the encouragement they received from U.S. Sen. Charles Schumer, a Democrat, in opposition to the application during a visit Schumer made to the county in October, said David Dresser, the chairman of the county's land claim committee.
“The whole idea of putting land into trust was not designed for densely populated areas,” Schumer said in a news release. “I will support the counties' opposition to putting land into trust in Seneca and Cayuga counties.”
Seneca County Attorney Steven Getman said current federal statues governing the application process are vague and do not address the implications of a land in trust application in a populated eastern state, so the county is asking for the moratorium to allow for the reform of the land in trust, or fee in trust, regulations.
“The Cayugas could conceivably apply under the new guidelines,” he said.
The land in trust application process was authorized by Congress in 1934 following the loss of tribal lands because of federal government policies in the 1800s. According to the Department of Interior, only 8 percent of the lands lost to Indians in the 1800s have been reacquired.
No land has ever been taken into trust in New York before, but both the Cayugas and the Oneidas have applied for their land to be taken into trust.
The U.S. Supreme Court's City of Sherrill v. Oneida Indian Nation ruled out tribe's regaining sovereign land through open-market purchases and directed tribes to apply to the U.S. Department of Interior to take the land they own into sovereign trust status. Under that process, the tribes must settle tax liens on properties before the Interior department will accept them into trust.
The tribe has not owned its 30 acres in Seneca County and 111 acres in Cayuga County for long enough for the counties to be able to claim tax liens on the land.
“The Cayuga Nation will continue to follow the advice of the United States Supreme Court and move its land into trust,” said Dan French, who represents the tribe's federal recognized representative, Clint Halftown. “The Cayuga Indians look forward to a return to their ancestral lands.”
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or amaris.elliot-engel@lee.net
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