Each Thursday, we put one of our local newsmakers On The Spot. This week: U.S. Rep Michael Arcuri
This week's question:The federal Department of Interior recently agreed to place thousands of acres of Oneida Nation land into federal trust. Does this mean Indian-owned land in Cayuga County is heading for a similar distinction?
The U.S. Department of the Interior recently finalized a decision on the Oneida Indian Nation of New York's federal land-into-trust application. This decision will result in just over 13,000 acres of Oneida-owned lands leaving the local and county tax rolls forever.
What happened in Oneida and Madison counties could happen here - but it doesn't have to.
The federal trust process is not meant to solve Indian land claims. In fact, the process leaves a number of contentious issues unresolved, such as: whether the tribe can request to have additional land placed in trust; whether the tribe will conduct gaming on its lands; how development on tribal lands will impact adjacent properties; regulatory and tax jurisdiction over Nation-owned lands not taken into trust; municipal services (roads, water and sewers); and support for local school districts that encompass tribal lands.
A comprehensive, negotiated settlement can address all of these issues and potentially eliminate the need for, or at least limit the scope of, costly and uncertain litigation following any decision.
I have always maintained that it is much more advantageous to all parties to negotiate a comprehensive settlement locally before a sweeping land-in-trust decision is imposed upon the community by Bureau of Indian Affairs (BIA) bureaucrats in Washington. The failure of the parties to negotiate in Oneida County resulted in the BIA's one-sided and unjust decision. We must never again allow the BIA to use refusal to negotiate as a rationale for imposing upon local land owners a decision which clearly favors the interests of local Indian tribes.
However, if a negotiated settlement is unattainable, we absolutely must to be prepared to litigate. As an attorney, I know the best agreements are those agreed upon, not forced on unwilling parties #- as is clear from the Oneida decision.
Being good neighbors, resolving these issues, and ending a generation of litigation, once and for all, is the greatest gift we can give the children of Cayuga and Seneca counties.
If you have an On The Spot question, call news editor Mike Dowd at 253-5311 ext. 234 or e-mail michael.dowd@lee.net
The U.S. Department of the Interior recently finalized a decision on the Oneida Indian Nation of New York's federal land-into-trust application. This decision will result in just over 13,000 acres of Oneida-owned lands leaving the local and county tax rolls forever.
What happened in Oneida and Madison counties could happen here - but it doesn't have to.
The federal trust process is not meant to solve Indian land claims. In fact, the process leaves a number of contentious issues unresolved, such as: whether the tribe can request to have additional land placed in trust; whether the tribe will conduct gaming on its lands; how development on tribal lands will impact adjacent properties; regulatory and tax jurisdiction over Nation-owned lands not taken into trust; municipal services (roads, water and sewers); and support for local school districts that encompass tribal lands.
A comprehensive, negotiated settlement can address all of these issues and potentially eliminate the need for, or at least limit the scope of, costly and uncertain litigation following any decision.
I have always maintained that it is much more advantageous to all parties to negotiate a comprehensive settlement locally before a sweeping land-in-trust decision is imposed upon the community by Bureau of Indian Affairs (BIA) bureaucrats in Washington. The failure of the parties to negotiate in Oneida County resulted in the BIA's one-sided and unjust decision. We must never again allow the BIA to use refusal to negotiate as a rationale for imposing upon local land owners a decision which clearly favors the interests of local Indian tribes.
However, if a negotiated settlement is unattainable, we absolutely must to be prepared to litigate. As an attorney, I know the best agreements are those agreed upon, not forced on unwilling parties #- as is clear from the Oneida decision.
Being good neighbors, resolving these issues, and ending a generation of litigation, once and for all, is the greatest gift we can give the children of Cayuga and Seneca counties.
If you have an On The Spot question, call news editor Mike Dowd at 253-5311 ext. 234 or e-mail michael.dowd@lee.net
