A Seneca County Board of Supervisors committee voted Tuesday to reject a proposed settlement to limit the acreage the tribe applies to take into sovereign trust status in exchange for a Las Vegas-style casino in the Catskills.
In response, the Cayuga Nation rejected any further negotiations with Seneca County about the issue, according to Seneca County leaders and published reports. Dan French, the attorney who negotiated the proposed settlement on behalf of the Cayugas, did not respond to a phone call Wednesday night.
The Cayugas, however, still plan to consider a settlement with Cayuga County, even though they previously asked that the two counties vote on the same night on the proposal.
Seneca County's Native American Affairs Committee voted 4-1 to reject the proposed settlement negotiated by French and Brian Laudadio, a Harris Beach attorney representing the counties on tribal issues and to propose the Cayugas give up all claims to sovereign land within their historic 64,000-acre land claim area in exchange for a Catskills casino.
The resolution said the Cayugas should have no need for sovereign land close to northern Cayuga Lake if it has a valid state compact to operate a class III casino in Sullivan County. The resolution also said a Catskills casino would provide the Cayugas with a net drop of $1,000,000 per tribal member.
The vote was made after two hours spent in executive session. All of the supervisors but one attended the committee meeting. Robert Shipley, a Waterloo supervisor, made the motion to reject the proposal.
“The feeling in Seneca County is that we do not want any sovereignty in our county, so consequently the deal the Indians are trying to propose to us, where it might compensate the local towns and possibly the school districts for the lost revenue in land taxes, in no way can it compensate the local business owners for their losses,” Shipley said.
“The bottom line is that we're taking a stand with the Indians. We're taking the stand, not for today, but for our children and grandchildren.”
The Cayugas' land claim litigation was thrown out by a federal appellate court in 2005, but another 2005 decision by the U.S. Supreme Court told the Oneida Indian Nation and other New York tribes that they could apply for their land to be taken into trust even though open-market property purchases can't automatically become sovereign.
Since that decision, The Cayugas and other New York tribes have applied to have their land deeds held in sovereign trust by the federal government. The vast majority of trust applications by American Indian individuals and tribes are accepted by the U.S. Department of Interior, but no trust lands have so far been established in New York.
David Dresser, chair of the Native American Affairs committee, continued his lonely stand in favor of the proposal. He felt saddened his leadership had not changed public opinion toward the settlement.
“I think our county is making a mistake,” Dresser said. “I am almost alone in my belief. People do not realize the force of the federal government. People don't like to be told they're not going to win. ... People think we're going to win on the court on this. Just because we won the land claim based on 200-year-old land claim treaties doesn't mean we're going to win on trust.”
Dresser pointed to 4-2 decision made by a federal appeals court last week that federal law allows the Narragansett Tribe of Rhode Island to take land into trust within one of the original colonies. Rhode Island plans to appeal the case to the U.S. Supreme Court.
Shipley said he expects land into trust to be granted to the Oneida Indian Nation in Madison and Oneida counties, and for the counties to take the case to court. He says the same court fight may happen over the Cayuga Nation's applications.
“If that's all they're interested in, we're glad to give them that,” Shipley said. “The land-into-trust process was set up for the Indian tribes out west. It wasn't meant for the populated centers in the east.” He also wants federal representatives to intervene on behalf of localities.
George Fearon, Cayuga County Legislature chairman, said it was unclear when Cayuga County would take up consideration of the proposed settlement, but the priority remains connecting with the leadership of municipalities in the land claim area.
“Our position in Cayuga County is we're trying to connect with all our towns and villages and discuss what's on the table,” Fearon said.
Shipley, Seneca Falls Supervisors Sean Anglim and Peter Same and Varick Supervisor Joan Teichner voted for the proposal. Dresser voted against the proposal.
Final consideration of the committee resolution to reject the current offer will occur at the Board of Supervisors meeting Aug. 14. It is expected the full board will approve the proposal, according to Seneca County Attorney Steven Getman.
Seneca County is also seeking for Gov. Eliot Spitzer to send an elected representative to its August meeting, Shipley said. The two counties are planning a meeting with Richard Rifkin, Spitzer's special counsel on tribal issues, in mid-August, Dresser said.
Since the proposal was announced in late May, public comment at hearings has been almost exclusively against the settlement. The Cayugas last month set July 31 as the deadline for the counties to accept or reject the proposal, then moved the deadline back to Aug. 31 at the request of the counties and agreed to amend the proposal to allow the counties' to continue to litigate the validity of the land-in-trust process in New York. Under that revision, counties would not be able to prohibit class II gaming, or bingo hall, gaming in the counties.
Under the proposal, the Cayugas would give up their right to continuously apply to the federal government to take their open market property purchases into trust; to run Class II, or bingo hall gaming, without getting county approval first; and to their claim to their 64,000-acre historic homeland surrounding northern Cayuga Lake that is based on a disputed 1700s-era treaty.
The Cayugas would get a state gaming compact for a casino, most likely in the Catskills. The counties would get a portion of the casino's net slot drop. The tribe would be able to have up to 10,000 acres kept in sovereign status, but the acreage would be limited to three groups and make up no more than 20 percent of any municipality in the land claim area.
After recent purchases, the tribe now owns 171.5 acres in Cayuga County and 195 acres in Seneca County, which are all subject to land-in-trust applications.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
The Cayugas, however, still plan to consider a settlement with Cayuga County, even though they previously asked that the two counties vote on the same night on the proposal.
Seneca County's Native American Affairs Committee voted 4-1 to reject the proposed settlement negotiated by French and Brian Laudadio, a Harris Beach attorney representing the counties on tribal issues and to propose the Cayugas give up all claims to sovereign land within their historic 64,000-acre land claim area in exchange for a Catskills casino.
The resolution said the Cayugas should have no need for sovereign land close to northern Cayuga Lake if it has a valid state compact to operate a class III casino in Sullivan County. The resolution also said a Catskills casino would provide the Cayugas with a net drop of $1,000,000 per tribal member.
The vote was made after two hours spent in executive session. All of the supervisors but one attended the committee meeting. Robert Shipley, a Waterloo supervisor, made the motion to reject the proposal.
“The feeling in Seneca County is that we do not want any sovereignty in our county, so consequently the deal the Indians are trying to propose to us, where it might compensate the local towns and possibly the school districts for the lost revenue in land taxes, in no way can it compensate the local business owners for their losses,” Shipley said.
“The bottom line is that we're taking a stand with the Indians. We're taking the stand, not for today, but for our children and grandchildren.”
The Cayugas' land claim litigation was thrown out by a federal appellate court in 2005, but another 2005 decision by the U.S. Supreme Court told the Oneida Indian Nation and other New York tribes that they could apply for their land to be taken into trust even though open-market property purchases can't automatically become sovereign.
Since that decision, The Cayugas and other New York tribes have applied to have their land deeds held in sovereign trust by the federal government. The vast majority of trust applications by American Indian individuals and tribes are accepted by the U.S. Department of Interior, but no trust lands have so far been established in New York.
David Dresser, chair of the Native American Affairs committee, continued his lonely stand in favor of the proposal. He felt saddened his leadership had not changed public opinion toward the settlement.
“I think our county is making a mistake,” Dresser said. “I am almost alone in my belief. People do not realize the force of the federal government. People don't like to be told they're not going to win. ... People think we're going to win on the court on this. Just because we won the land claim based on 200-year-old land claim treaties doesn't mean we're going to win on trust.”
Dresser pointed to 4-2 decision made by a federal appeals court last week that federal law allows the Narragansett Tribe of Rhode Island to take land into trust within one of the original colonies. Rhode Island plans to appeal the case to the U.S. Supreme Court.
Shipley said he expects land into trust to be granted to the Oneida Indian Nation in Madison and Oneida counties, and for the counties to take the case to court. He says the same court fight may happen over the Cayuga Nation's applications.
“If that's all they're interested in, we're glad to give them that,” Shipley said. “The land-into-trust process was set up for the Indian tribes out west. It wasn't meant for the populated centers in the east.” He also wants federal representatives to intervene on behalf of localities.
George Fearon, Cayuga County Legislature chairman, said it was unclear when Cayuga County would take up consideration of the proposed settlement, but the priority remains connecting with the leadership of municipalities in the land claim area.
“Our position in Cayuga County is we're trying to connect with all our towns and villages and discuss what's on the table,” Fearon said.
Shipley, Seneca Falls Supervisors Sean Anglim and Peter Same and Varick Supervisor Joan Teichner voted for the proposal. Dresser voted against the proposal.
Final consideration of the committee resolution to reject the current offer will occur at the Board of Supervisors meeting Aug. 14. It is expected the full board will approve the proposal, according to Seneca County Attorney Steven Getman.
Seneca County is also seeking for Gov. Eliot Spitzer to send an elected representative to its August meeting, Shipley said. The two counties are planning a meeting with Richard Rifkin, Spitzer's special counsel on tribal issues, in mid-August, Dresser said.
Since the proposal was announced in late May, public comment at hearings has been almost exclusively against the settlement. The Cayugas last month set July 31 as the deadline for the counties to accept or reject the proposal, then moved the deadline back to Aug. 31 at the request of the counties and agreed to amend the proposal to allow the counties' to continue to litigate the validity of the land-in-trust process in New York. Under that revision, counties would not be able to prohibit class II gaming, or bingo hall, gaming in the counties.
Under the proposal, the Cayugas would give up their right to continuously apply to the federal government to take their open market property purchases into trust; to run Class II, or bingo hall gaming, without getting county approval first; and to their claim to their 64,000-acre historic homeland surrounding northern Cayuga Lake that is based on a disputed 1700s-era treaty.
The Cayugas would get a state gaming compact for a casino, most likely in the Catskills. The counties would get a portion of the casino's net slot drop. The tribe would be able to have up to 10,000 acres kept in sovereign status, but the acreage would be limited to three groups and make up no more than 20 percent of any municipality in the land claim area.
After recent purchases, the tribe now owns 171.5 acres in Cayuga County and 195 acres in Seneca County, which are all subject to land-in-trust applications.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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