There is a disagreement between the Cayuga's lawyer, Daniel French, and state Sen. Michael Nozzolio regarding the Cayuga fee to trust. I find that French is not telling the complete story as stated in the Sherrill case. Some corrections are needed.
French correctly stated that the Sherrill case showed how the Cayuga could put their land in fee to trust, but on the same page, French failed to state the Cayuga must also pass four qualifications to obtain a fee to trust. The following is a direct quote of the four reasons from the Sherrill case:
“Before approving an acquisition, the Secretary (of Interior) must consider, among other things, (1) the tribe's need for additional land; (2) the purpose for which the land will be used; (3) the impact on the state and its political subdivision resulting from the removal of the land from the tax roll; (4) and jurisdictional problems and potential conflicts of land use that may arise.”
The Cayuga came in here after abandoning the land for over 200 years and blatantly took over as if they owned the place. They broke local codes and laws and refused to pay taxes. The rebuilt or built buildings or bulldozed land without a permit. They broke all four reasons given in the Sherrill case and this should cancel their application for fee to trust.
Right before the BIA meeting at the Chiropractic College this spring, Nozzolio publicly stated he was against fee to trust and his public statements proved that he has the knowledge to negate a fee to trust.
On negotiation: The Cayuga have stated from day one that they will only obey a federal court decision. Note: Federal Court. They have openly stated that the Supreme Court in the Cayuga case is final.
Since the Cayuga have so stated their policies and have admitted that the Supreme Court decisions are final, it would be a folly to try negotiation, but to force the cases as quickly as possible to the federal courts.
The fee to trust is a different method of obtaining a land claim. The facts and political pressure must be firmly placed on the Secretary of the Interior. He makes the final solution; not the BIA. But no negotiation. Convince our politicians. We can win it.
Harry Pettingill Jr.
Seneca Falls
Pettingill is Upstate Citizens for Equality (UCE) historian
“Before approving an acquisition, the Secretary (of Interior) must consider, among other things, (1) the tribe's need for additional land; (2) the purpose for which the land will be used; (3) the impact on the state and its political subdivision resulting from the removal of the land from the tax roll; (4) and jurisdictional problems and potential conflicts of land use that may arise.”
The Cayuga came in here after abandoning the land for over 200 years and blatantly took over as if they owned the place. They broke local codes and laws and refused to pay taxes. The rebuilt or built buildings or bulldozed land without a permit. They broke all four reasons given in the Sherrill case and this should cancel their application for fee to trust.
Right before the BIA meeting at the Chiropractic College this spring, Nozzolio publicly stated he was against fee to trust and his public statements proved that he has the knowledge to negate a fee to trust.
On negotiation: The Cayuga have stated from day one that they will only obey a federal court decision. Note: Federal Court. They have openly stated that the Supreme Court in the Cayuga case is final.
Since the Cayuga have so stated their policies and have admitted that the Supreme Court decisions are final, it would be a folly to try negotiation, but to force the cases as quickly as possible to the federal courts.
The fee to trust is a different method of obtaining a land claim. The facts and political pressure must be firmly placed on the Secretary of the Interior. He makes the final solution; not the BIA. But no negotiation. Convince our politicians. We can win it.
Harry Pettingill Jr.
Seneca Falls
Pettingill is Upstate Citizens for Equality (UCE) historian
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