Trust lands for tribes were authorized for public domain lands under the Indian Reorganization Act (IRA). There are no public domain lands in New York.

Tribes were limited to two years to vote on accepting or rejecting the Act's provisions. The Cayuga rejected the IRA and its trust land application benefits. The Commissioner of Indian Affairs warned the tribes that those who reject the Act must reject all of it and do not have the trust period automatically extended.

The time limit is exhausted, except for tribes that were not federally recognized at that time. The ongoing case in Rhode Island pertains to a tribe that was not recognized at that time and was argued pre-Sherrill.

Even if the Cayuga voted today to accept the IRA, they would have to reorganize with a democratic constitution which would put the anti-casino clan mothers in charge.

The original IRA authorized landless tribes to use their own funds to purchase lands for trust applications. In the Wheeler-Howard Bill, Congress removed that authorization and limited purchasing of lands to Congress. Congress didn't purchased the lands for Cayuga trust applications.

The stipulation was included in the IRA that such tribe must not be affiliated with any tribe that still had land upon which they may settle. The Cayuga are affiliated with and have perpetual use rights to lands on the Seneca Cattaraugus Reservation.

This disqualifies the Cayuga for the exception allowing a casino for landless tribes, and disallows their trust application status. There is no mention that it has to be “their” sovereign land and specifically refers to settling on another tribe's reservation. The fact they have an affiliated tribe upon which they settled as a perpetual use right makes it their land. In fact it is sovereign tribal land.

Why didn't Harris-Beach point this out?

Richard Tallcot

Union Springs

Tallcot is chairman of the Cayuga-Seneca Upstate Citizens for Equality.