Schumer wants Oneida Indian land trust decision delayed

By: The Associated Press

Tuesday, May 6, 2008 1:09 PM EDT

ONEIDA -- U.S. Sen. Charles Schumer is urging the federal Department of the Interior to hold off ruling on the Oneida Indian Nation's land-into-trust application.
In a letter sent Monday to U.S. Interior Secretary Dirk Kempthorne, the New York senator said he was concerned about unresolved issues and asked for a delay to "give all parties involved an opportunity to reach a mutually beneficial global settlement -- one that resolves issues of sovereignty, taxation, and the tribe's land claims, and that avoids a long litigation battle."

The Interior Department was supposed to have announced its final decision by the end of April. Now it says it hopes to have the decision by mid-May.

In February, the U.S. Bureau of Indian Affairs recommended placing 13,086 acres of Oneida land in trust, including the tribe's lucrative Turning Stone Casino and Resort complex in Verona, 35 miles east of Syracuse, and the nation's 32-acre territory near Oneida, where many of its government and cultural offices are located.

The department can accept BIA's preferred alternative or choose another the agency considered, which ranged from placing 35,000 acres in trust to no trust lands at all. It can even select an alternative not included in the final draft.

The Oneidas had sought to place 17,360 acres in federal trust, where it would be subject to federal laws but exempt from local and state regulation and taxes. Local officials want no more than 1,000 acres of trust land.

Among Schumer's recommendations was requiring the Oneidas to pay all back taxes owed to Madison and Oneida counties. Schumer also said the tribe should have to "negotiate and fulfill" a compensation agreement with the towns of Verona and Stockbridge and the city of Oneida, each of which would lose the most taxable land if trust status is granted.

Schumer also said there should be a written understanding between the tribe and counties regarding issues of public safety, environmental safety and building codes.

Schumer said the unresolved issues would be best addressed in a negotiated settlement.

The Oneidas had little to say about Schumer's letter.

"The process has played itself according to the rules and now, like everyone else, we are awaiting the outcome," the tribe said in a statement.

Interior spokesman Shane Wolfe said the department would review the senator's letter.

State Sen. Joseph Griffo said he agreed with Schumer that negotiations are necessary.

"As it appears now, it's just going to end up in litigation anyway," Griffo said.

"He should be telling the Interior Department to deny it," said Assemblyman David Townsend. "You can't put federal lands in New York state and you can't send local governments to the table when they have nothing to negotiate with."

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