Tribal News

Posted by: Rich_Tallcot

Tribal News - 02/18/07 11:44 AM

Gambling With Terrorism
http://www.hawaiireporter.com/story.aspx?a1956736-63a9-4133-ad3d-55a36a08c4eb
Professor John Kindt was a speaker at CERA's lobbying conference in May of 2006 on Federal Indian Policy.
Posted by: bluezone

Re: Tribal News - 02/18/07 12:30 PM

Okla - how many terrorist have you helped?
Posted by: Rich_Tallcot

Re: Tribal News - 02/18/07 08:05 PM

Oh Timothy - Tim Lattimore !!! You didn't happen to see the bottom of the page on this web site did you? http://www.polosyv.org/ It's called A N N E X A T I O N !!! It does NOT have to be on any prior reservation and trust status is favorable to "contiguos" lands that have already been granted trust status.

Get the picture?
Posted by: Rich_Tallcot

Re: Tribal News - 02/18/07 09:20 PM

This Hawaii Reporter seems to be getting the picture quite well:

http://www.hawaiireporter.com/story.aspx?29ffb2e0-1829-4902-b02b-3c71e88c0d25
The Rise of Tribal Opportunism in America
Posted by: CitizenStraub

Re: Tribal News - 02/19/07 10:38 AM

I always get a kick when I see this billboard that is located south of Syracuse on I-81 near the Res. It's been in place for many years and is a real testament to free speach. It needs to be updated again now that the inauguration has taken place but it still conveys the point. Enjoy!

[img]http://new.photos.yahoo.com/citizenstraub/photo/294928804239510686/0[/img]
Posted by: Rich_Tallcot

Re: Tribal News - 02/19/07 10:41 AM

Guess what comes after "trust staus" ? I pointed out the Winter's Doctrine at the Seneca Co. public forum when Lana Marcussen, Esq. was here. It's not JUST about casinos.

http://www.indiancountry.com/content.cfm?id=1096414532&print=yes

Judge says state-recognized tribe can claim water rights
© Indian Country Today February 19, 2007. All Rights Reserved
Posted: February 19, 2007
by: Bobbie Whitehead / Indian Country Today


WASHINGTON - A Virginia Circuit Court judge has said an Indian tribe's reserved water rights claim cannot be dependant upon a tribe's federal recognition status alone.

In a lengthy opinion, Judge Charles Poston, presiding over a case in the Newport News, Va., Circuit Court, also wrote that a U.S. Supreme Court ruling, referred to as the ''Winter's Doctrine,'' gives American Indian reservations first water rights and could be applicable to tribes in the Eastern United States.
.................
Posted by: Rich_Tallcot

Re: Tribal News - 02/19/07 10:55 AM

http://www.capecodonline.com/cctimes/triberecognition17.htm

And here come the Wampanoags - millionaires in their own right investing in "rights" for tax free status, land claims, casinos, and barring from recognition all those who oppose the existing tribal government. Sound familiar? Click on the url above for story.

Promoting privileges through tribalism at the cost of oppressing others and claiming those opposed to these politics of privilege are oppressing those privileged is the standard game plan.
Posted by: CitizenStraub

Re: Tribal News - 02/19/07 11:09 AM

Quote:


WASHINGTON - A Virginia Circuit Court judge has said an Indian tribe's reserved water rights claim cannot be dependant upon a tribe's federal recognition status alone.
.................


Oh boy. Now they're going to try to fence off Cayuga Lake, keep the white man out, and sell all the water and fish to finance more casinos! You know what this means? Screw the fishing limit and pass the dynamite... I mean bait!
Posted by: Rich_Tallcot

Re: Tribal News - 02/19/07 12:29 PM

Originally Posted By: CitizenStraub
Quote:


WASHINGTON - A Virginia Circuit Court judge has said an Indian tribe's reserved water rights claim cannot be dependant upon a tribe's federal recognition status alone.
.................


Oh boy. Now they're going to try to fence off Cayuga Lake, keep the white man out, and sell all the water and fish to finance more casinos! You know what this means? Screw the fishing limit and pass the dynamite... I mean bait!


The lake? Questionable. Not likely unless the tribe got a ruling or deal with the governor similar to the one a tribe pushed through in Idaho by their then governor Kempthorne - now head of the Interior Dept. Land owners on the lake are now assessed a fee by the tribe for their docks even though their land is fee simple and not under tribal jurisdiction. Kempthorne gave the tribe jurisdiction over the south end of a lake because the rez bordered it. Prior to that, the state DEC had jurisdiction.

The Winter's Doctrine has been used to control the flow and quality of water to lands owned by tribes. When one tries to open a golf course or ANY business or industry that uses water, spray pesticides, spread manure, or even put in or take out a culvert on any land that has water running to the tribe's land, the tribe has jurisdiction in the watershed. It doesn't have to be on tribal land and it doesn't matter what race you are. This applies to Indians as well. Most Indians aren't tribal members. If you don't get permission from the tribe first, you pay a fine in court - federal court. New York is oblivious to cause and effects because they haven't faced it yet. That's what the Winter's Doctrine is.
Posted by: grinch

Re: Tribal News - 02/19/07 03:48 PM

It appears that Spitzer has rolled over for the special interests group. I hope he remains in office long enough to see the effects of his ill fated decision to press for land into trust in a state where no trust land for Indian tribes has ever existed. There will come a day when this decision will come back to haunt he and his colleagues.


Spitzer agrees with Mohawks for casino in Catskills

By MICHAEL GORMLEY, Associated Press
Last updated: 1:42 p.m., Monday, February 19, 2007

ALBANY -- A decades-old proposal for a casino in the Catskills took a major step Monday with Gov. Eliot Spitzer's agreement for the St. Regis Mohawk tribe to build and operate a gaming center at Monticello Raceway.
The Sullivan County casino that would be expected to draw gamblers from the nearby New York City area is also expected to provide hundreds of millions of dollars in revenue to state government, as well as help revive the economically hard-pressed region. The $600 million casino is expected to provide 3,000 permanent jobs and create a building boom in the area.

The casino would also mark a return of the region as an entertainment hot spot, where top comedians, bands, singers and boxers once made regular stops. The names of the now closed Catskills resorts and the stars who honed their craft there are part of American entertainment legend.

"By working together, we can establish a premier gaming facility that will produce significant revenues for the tribe and the state and help spark a resurgence of the Catskills region," Spitzer said.

Under the agreement, the state would receive 20 percent of the revenue from slot machines for the first two years, 23 percent for the next two years and 25 percent after that. Ending another major sticking point, the tribe agreed to comply with state tax, labor and health laws. For a sovereign tribe, the state couldn't simply require adherence to state laws.

"We commend Gov. Spitzer's decisive action and commitment to our Sullivan County casino project which we believe will generate tremendous opportunities in and around the Catskills region," the Mohawk St. Regis Tribal Council said in a prepared statement. "We rejoice in the prospects this important project presents for the future of the St. Regis Mohawk Tribe, the people of Sullivan County, and New Yorkers across the state."

The 30-year effort, however, isn't over.

Spitzer and the tribe are now urging the secretary of the U.S. Department of Interior to make final approvals, including taking raceway land into a trust. The department includes the federal Bureau of Indian Affairs.

The Democratic governor wouldn't predict how the Republican Bush administration will react.

"I will be in Washington and will certainly convey to the secretary how important this is for the economy of the Catskills and Sullivan County," Spitzer told The Associated Press.

Spitzer said local concerns over traffic are eased at Monticello because the roadways to handle heavy traffic are in place, but not used to their potential. He said the state will also address concerns about gambling addiction.

Spitzer stated, as he did during his campaign, that "casinos are not the totality of economic development," but they can be effective and lucrative especially in areas like the Catskills that have historically been tourist destinations.

In December, the U.S. Interior Department approved an environmental review of the St. Regis Mohawk Indian tribe's project. The agency found the proposed casino on 30 acres next to Monticello Gaming and Raceway would not have a significant environmental impact.

Last week, a group of farm and conservation groups sued the federal department to halt the project, arguing that a more thorough environmental review is needed. The case is in federal court in Manhattan.

The Mohawks, whose reservation straddles the U.S.-Canadian border, are among a number of groups that have been trying to build a casino in the Catskills for the past decade.

Construction cannot begin until the Interior Department puts the land into trust for the Mohawks.

The harness racing track is owned by Empire Resorts, which would build the new casino. The casino would offer blackjack, roulette, craps and traditional slot machines.

Empire spokesman Charles Degliomini has said construction could begin within the year at the site 75 miles north of New York City.

In January, a judge dealt at least a temporary blow to a casino proposal for Buffalo through the Seneca Indian Nation. The judge ruled that the a federal agency erred in 2002 when it approved the plan. The Senecas already have casinos in Niagara Falls and Salamanca, Cattaraugus County, and they hope to begin operating a temporary casino in Buffalo in April.

The Oneida tribe's Turning Stone casino near Utica opened more than a decade ago and has flourished, now covering more than 1,000 acres with hotels and golf courses.

While the casinos have made traditionally poor tribes rich, some communities have complained their tax-free trade and enterprises have hurt non-Indian business.


All Times Union materials copyright 1996-2007, Capital Newspapers Division of The Hearst Corporation, Albany, N.Y.




Posted by: grinch

Re: Tribal News - 02/19/07 04:53 PM

Originally Posted By: Rich_Tallcot
This Hawaii Reporter seems to be getting the picture quite well:

http://www.hawaiireporter.com/story.aspx?29ffb2e0-1829-4902-b02b-3c71e88c0d25
The Rise of Tribal Opportunism in America


I read this article and agree with its theme. Allowed to continue this will be the downfall of the USA as we know it. Race based entitlements will destroy this country.
Posted by: bluezone

Re: Tribal News - 02/19/07 06:05 PM

Originally Posted By: grinch

Under the agreement, the state would receive 20 percent of the revenue from slot machines for the first two years, 23 percent for the next two years and 25 percent after that. Ending another major sticking point, the tribe agreed to comply with state tax, labor and health laws. For a sovereign tribe, the state couldn't simply require adherence to state laws.



Dear Mr. Spitzer - Are you a FOOL?

Less than 50 days into office and you have just put NY into a severe situation.


"The tribe agreed to comply with state tax, labor and health laws."

And when the tribe refuses to comply with state tax, labor and health laws what will Mr. Spitzer do?


Mr Spitzer if you wanted casinos then you should have changed the state constitution.

You have just opened up a pandora's box.

25% goes to NY and 75% goes to the tribes?

Mr. Spitzer you are not a business man.
Posted by: Rich_Tallcot

Honor the Treaties - hah - 02/21/07 10:36 PM

HONOR THE TREATIES -

From the article:

http://www.npr.org/templates/story/story.php?storyId=7513849

Cherokee Tribe Faces Decision on Freedmen
NPR Radio
Morning Edition
February 21, 2007

A federal court hearing Wednesday pits Native Americans against the descendants of African slaves once kept by tribal members. The Cherokee Nation has moved to expel the people known as Cherokee Freedmen.

The Freedmen argue that a 140-year-old treaty protects their citizenship in the Cherokee Nation. The conflict puts the tribal government in the unusual position trying to argue against a long-standing treaty.

With the Cherokee's financial picture brightening somewhat and a tribal ruling in their favor, Freedmen such as Johnny Toomer -- a forklift operator in Muskogee -- have staked their claim to membership.

Toomer's great, great grandmother was the daughter of slaves held by the Cherokee. Her people likely walked to Oklahoma from Georgia on the infamous Trail of Tears, a march forced by the U.S. government that killed nearly a fifth of the tribe.

Toomer says the proof of his claim is in the photocopied documents arrayed on his coffee table. His relative's name is on what's called the Dawes Rolls, a federal government list of Cherokees, and members of four other tribes, living on Indian lands around 1900.

But a century ago a bureaucrat marked that Toomer's great, great grandmother was a Cherokee Freedman. It's that notation that now puts his tribal citizenship at risk.

"Is it because of the color of my skin, [the] reason I'm not accepted?

That's the way I feel about it sometimes," Toomer said.

A tribal court ruling last year forced the Cherokees to recognize Freedmen as citizens. That prompted Toomer and about 1,500 other Freedmen to sign up for membership cards.

That sparked a referendum to amend the tribe's constitution and formally expel the Freedmen.

"It's an Indian thing, we do not want non-Indians in the tribe, our Indian blood is what binds us together," said Jodie Fishinghawk, who helped lead the drive to expel the Freedmen.

"It's a democratic process, people are allowed to vote. That's what America is based on, that's what we use here in the Cherokee Nation," Fishinghawk said. "And I don't see any problem with it."

The Cherokee Freedmen do. After fighting on the loosing side in the Civil War, the Cherokees signed a treaty guarantying their newly freed slaves citizenship in the tribe.
Posted by: Okla.ndn

Re: Tribal News - 02/22/07 11:04 AM

Originally Posted By: bluezone
Originally Posted By: grinch

Under the agreement, the state would receive 20 percent of the revenue from slot machines for the first two years, 23 percent for the next two years and 25 percent after that. Ending another major sticking point, the tribe agreed to comply with state tax, labor and health laws. For a sovereign tribe, the state couldn't simply require adherence to state laws.



Dear Mr. Spitzer - Are you a FOOL?

Less than 50 days into office and you have just put NY into a severe situation.


"The tribe agreed to comply with state tax, labor and health laws."

And when the tribe refuses to comply with state tax, labor and health laws what will Mr. Spitzer do?


Mr Spitzer if you wanted casinos then you should have changed the state constitution.

You have just opened up a pandora's box.

25% goes to NY and 75% goes to the tribes?

Mr. Spitzer you are not a business man.
You say he's not a business man, when was the last time you got 25% of a business that you didn't put anything in? LOL
Posted by: bluezone

Re: Tribal News - 02/22/07 02:54 PM

Originally Posted By: Okla.ndn
Originally Posted By: bluezone
Originally Posted By: grinch

Under the agreement, the state would receive 20 percent of the revenue from slot machines for the first two years, 23 percent for the next two years and 25 percent after that. Ending another major sticking point, the tribe agreed to comply with state tax, labor and health laws. For a sovereign tribe, the state couldn't simply require adherence to state laws.



Dear Mr. Spitzer - Are you a FOOL?

Less than 50 days into office and you have just put NY into a severe situation.


"The tribe agreed to comply with state tax, labor and health laws."

And when the tribe refuses to comply with state tax, labor and health laws what will Mr. Spitzer do?


Mr Spitzer if you wanted casinos then you should have changed the state constitution.

You have just opened up a pandora's box.

25% goes to NY and 75% goes to the tribes?

Mr. Spitzer you are not a business man.
You say he's not a business man, when was the last time you got 25% of a business that you didn't put anything in? LOL


"Didn't put anything in?"

Are you saying that the land is indian land?

Are you saying that all the roads, bridges, sewers, water, telephone, cable, hospitals, police, fire, schools... were built by the tribes?

You should remember that all businesses pay taxes and this 25% is less than would have been collected from another business from property, sales, corporate, employee... taxes.

And where will all the "customers" be from?

Will they all be indians?
Are will they all be NY'ers?
Guess NY is supplying you with customers and profits.

After all, that is the sole reason that the tribes want OFF-REZ casinos ----aka near populated cities with people with money to lose at the casino.

Why would a tribe put a casino on a rez out in the boonies?

And where can you just build a building and receive 75% in large proftits with a casino monopoly?

Let Trump build and there will be more profits to the state and he will have to obey the laws.

Posted by: grinch

Re: Tribal News - 03/01/07 07:03 AM

It will be interesting to hear what caused this fire. The tribes reject inspections by local code enforcement officers and others charged with enforcing safety laws. Possibly they might have avoided this loss should they have allowed such inspections. Oh yes, they utilized the services of 20 volunteer fire departments in putting this out. I wonder if they are contributing to the cost of those departments. Sad part about this, 10 people are out of work.



Fire in Verona
Updated: 2/28/2007 9:34:50 PM
By: Web Staff


A fire has destroyed a woodworking shop located near the intersection of Routes 31 and 365 in the town of Verona. The one-story building is owned by the Oneida Indian Nation and served as a wood carpentry shop, that employed ten people.

The fire started between 7 and 8 o'clock when an employee at the nearby SavOn Gas Station saw it and called firefighters. More than 20 different departments responded.

Once they got the flames under control, crews brought in an excavator and knocked the building down.

No one was inside at the time of the fire. There’s still no word on the cause, but crews will be back on the scene in the morning.
Posted by: Okla.ndn

Re: Tribal News - 03/02/07 11:10 AM

Sure let Trump open one. And he will pay a lot less then the Tribes do.
Posted by: grinch

Re: Tribal News - 03/02/07 11:37 AM

The following editorial was published in the NY Post on Feb 21st and calls the gov to task for "getting into bed with the Mohawks". Wow has this upset Indian Country. I will post an article from the Indian Times that out lines their anger and protest over this article.

THE GOV'S GAMBLING GOOF February 21, 2007 -- Gov. Spitzer is getting into bed with the St. Regis Mohawks, giving the green light to a partnership between the upstate Indian tribe and a private firm to build a $600 million casino at the former Monticello Raceway in the economically troubled Catskills. Bad move. We're no fans of legalized gambling; it's socially corrosive on several levels. But that horse is out of the barn. Connecticut, New Jersey, Pennsylvania and upstate New York already have casinos galore, and it's clear that the N.Y.C. area will, too - even if it means subverting the state Constitution's ban on casinos via compacts with Indian tribes. However, doing a deal with this particular tribe - with its extended history of often-violent criminality - is a travesty. Over the past eight years, the feds have cited the St. Regis Mohawks in connection with a $687 million smuggling operation involving illegal liquor, cigarettes and guns. They've also done a brisk business smuggling people - transporting more than 3,600 illegal aliens from China into America through the St. Regis reservation, which transverses the U.S.-Canadian border along the St. Lawrence River. They've also occasionally engaged in shoot-outs with the New York State Police, the Royal Canadian Mounted Police and the Canadian army. Not exactly good neighbors, we'd say. Yet the last two governors have worked overtime to expand the Mohawks' control over casino gambling in New York. Yes, the Catskills need economic help. And there's no denying the potential revenue lure of this casino, which would be closer to the metropolitan area than either Atlantic City or Foxwoods. But it would be fully 400 miles from the St. Regis reservation; in no credible sense is it part of tribal lands - logically, a prerequisite for the establishment of an Indian-owned casino. And while the 1988 federal Indian Gaming Regulatory Act allows for some latitude in this regard, U.S. Interior Secretary Dirk Kempthorne - who must sign off on any deal - has said lawmakers didn't intend to OK casinos so far from tribal land. All of which suggests that the court battles are far from over. Competing casino interests, opponents of legalized gambling and local residents fearful of the casino's impact on traffic and other conditions all have vowed a fight. We hope they wage it with vigor. Happily, there's no sign that Kempthorne will rush to any decision in the matter. In fact, the matter will likely stay up in the air for years. Which means there's time enough for the state to do this right. If casino gambling is as inevitable as it appears, then it's time to amend the state Constitution to open gambling to everyone - not just dubious partners like the St. Regis Mohawks. This would be an extended process: Two successively elected Legislatures would have to agree, and then there would be a statewide referendum. There would be no guarantees, to be sure. But it's the way to go. Meanwhile, Spitzer needs to read the relevant State Police files on the St. Regis Mohawk tribe. When he does, he'll come to his senses quickly enough - and ice this project.
Posted by: grinch

Re: Tribal News - 03/02/07 11:46 AM

This editorial responds with the time worn rebuttal calling the editorial from the NY Post "racist".

It is obvious they are incensed that a national publication is making these back door deals public and garnering public support against off reservation casinos, paticularly with this tribe.

I never knew that the Mohawks built all those buildings in NYCity, I had thought they worked on the buildings as they did not fear heights. I tend to believe the engineering and development were handled by others.

Overlooked in this rebuttal is the record of the Mohawk concerning smuggling and their open borders through which pass many people sneaking into the USA. Also overlooked is their lawlessness and open defiance to NYS Police and Federal Authorities.

Hey Gov Spitzer, you best take a closer look at who you partner with.


Mohawks move forward; racist rhetoric sets us all back
© Indian Country Today March 02, 2007. All Rights Reserved
Posted: March 02, 2007
by: Editors Report / Indian Country Today


New York Gov. Eliot Spitzer's approval on Feb. 20 of an off-reservation casino for the St. Regis Mohawk Tribe marked a rare occasion in Indian gaming. Only three times before has a state supported a tribe in such an endeavor. For the community of Akwesasne, the territory within which the St. Regis Mohawk Tribe operates as the elective, federally recognized government, the controversial issue of casino gaming in the Mohawk's ancestral territory, New York's Catskills region, seemed to have reached its long-awaited conclusion.

Immediately, de rigueur lawsuits were filed by casino opponents, including anti-gaming organizations and environmental groups, to delay final approvals of the proposed $600 million casino. The Mohawk tribal officials have long been prepared to fight this initial backlash in the legal courts.

However, what the tribe seemed less prepared for was the obnoxious uproar from the court of public opinion that has an entire community of Indian people again defending itself against what amounts to a racist and ethnocentric defamation of character by the media. There is outrage that ''news'' organizations based in New York City purport to know anything true about the life of Mohawk people. There is plenty of anger and emotion, and rightly so, on both sides of the issue. But the editorials, opinions and letters appearing since the February announcement have offered plenty of vitriolic hate speech and libelous statements.

To provide an introduction for this particular display of ignorance is to be transported back in time when the American rubric for discourse on the ''Indian problem'' included references to lynching, sterilization and extermination. It is misguided thinking to generalize a tribe ''as disreputable as the St. Regis Mohawks'' as bad business partners. But to then ask, ''How can a man whose goal it is to clean up Albany invite nefarious lawbreakers like the Mohawks to sit at his table?'' is reminiscent of signs barring ''Indians and dogs'' from public establishments. The comments, by reader Tom Cahill of Manhattan in a letter to the New York Post on Feb. 24, do not end there. ''Let the leaders of the tribe perpetuate their social corrosiveness if they wish; maybe it's the prerogative of their tribal law,'' his disgusting conclusion begins. ''Keep it away from we honest, God-fearing and law-abiding citizens.''

And so was the tone of several of these letters published by the Post, referring collectively to the ''Mohawks'' (no further distinction was deemed necessary by any respondent) as ''Indian gangsters,'' ''corrupt folks,'' ''crooks'' and the St. Regis Mohawk tribe as a troubled ''organization'' with ''a history of unacceptable behavior.'' What is worse is that these comments were fueled by the paper's editorial, ''The Gov's Gambling Goof,'' published three days earlier, in which they roll out imagined statistics in an embellished version of the ''extended history'' of the tribe. It is a ''travesty'' to partner with the Mohawks, says the Post, because of its connection with widespread drug and people smuggling operations along the U.S./Canada border that cuts directly through the Akwesasne community.

Sure, these are the misguided and racist comments of a tabloid and a few of its blowhard readers, but consider the reach of the New York Post. According to its circulation department, the Post publishes more than 700,000 daily issues and has a readership of 2.3 million. That's just in New York City, where, incidentally, many hundreds of Mohawk families live, work and go to school. As part of News Corp, the massive media conglomerate that is the world's leading publisher of English-language newspapers, the Post is also distributed in Miami, Tucson, Los Angeles, and Chicago, with its tabloid tentacles continually reaching other major cities. And, like Indian Country Today, the Post participates in Newspapers in Education, which is an international program to advance the use of newspapers in schools. The main purpose of NIE is to improve reading, spelling and writing abilities of school children. But also, it is a great tool for spreading knowledge, or intolerance and hatred, about other peoples and cultures.

It is unconscionable that media outlets like the Post do not find it ethically and socially irresponsible to allow such discourse to occur in their pages. Could we imagine opening a major newspaper tomorrow morning to read editorial praise for the Holocaust, or letters to the editor advocating for the return of slavery? Of course not, not in a ''civilized'' society like the United States of America. But it happens every day and Indian peoples, as communities, tribes and sovereign nations are the targets.

We have examined the grotesque offense of these media reports, but where is the defense? The lack of official response from the St. Regis Mohawk tribal leaders, in this case, has been considered by community members and supporters as collusion. The thinking is that if they have not disputed or corrected with all the might of their office these attacks on the character of not only the tribal government, but of Mohawk children and elders too, it must be true. It is a dangerous slope for tribal leaders to push mightily for an issue (and doubly so if that issue is large-scale gaming) at the expense of the outer public's perception of their constituents.

The community of Akwesasne has a well-documented history of outstanding service and contributions by Mohawks to society:

" The Akwesasne Freedom School, an independent elementary school founded in 1979 by Mohawk parents concerned about the educational and cultural inequities in the state education system, is flourishing today with its Mohawk-language immersion curriculum.

" Akwesasne is home to several renowned makers of fine ash splint and sweet grass baskets, most notably Mary Adams, Mae Bigtree and Henry Arquette. They have been honored as masters of traditional arts in upstate New York. Adams has baskets at the Smithsonian American Art Museum and the Vatican.

" Hundreds of Mohawk ironworkers built much of the New York skyline, including the World Trade Center's twin towers, the Empire State Building, the United Nations building, Madison Square Garden and the George Washington Bridge.

" The St. Regis Mohawk Tribe collaborates with state and local universities, including Cornell University and Clarkson University, on a variety of health, education and environmental projects. It is now developing a biodiesel plant to convert used vegetable oil from its gaming facilities into clean fuel for tribal vehicles.

" A long tradition of athletic excellence continues as the girl's high school hockey team, comprised mainly of Mohawks, won the New York state championship for the fourth consecutive year. Several Mohawks are in the Canadian Lacrosse Hall of Fame; their legacy is a vast minor lacrosse system that is maintained by community volunteers. Many of those young boys grew to play professionally in the National Lacrosse League and continue to do so.

" The community has disproportionately high numbers of U.S. military veterans and college-enrolled students.

The Mohawks of Akwesasne, like all Indian peoples, are no strangers to bad press. They are the proud survivors of generations of U.S. and Canadian policies aimed at separating Indian people from their inherent sovereign right to wander, trade, travel, work and marry freely on the back of A'nowara'ko:wa, the Great Turtle that Haudenosaunee peoples believe is the base of the North American continent. The international border that many Indian and non-Indian activist often describe as an imaginary line, a construct of oppression, is a very real and ominous presence in the lives of Mohawks.

A conundrum the mainstream media rarely examines in their regular attempts to examine the roots of the border problem at Akwesasne is how such a visible and heavily-policed piece of land - after all, the border is ''protected'' by at least half a dozen federal, state and tribal law enforcement agencies - could breed such terrible consequences. The waters of the St. Lawrence River were once an abundant sacrament of spiritual and cultural wealth and physical health for the Akwesasne Mohawk people. Today it is both battleground and weapon, consistently used by bureaucrats to destroy the very fabric of what it means to be Mohawk. Just as the community did not choose to be exposed to widespread public persecution over casino gaming, it did not choose to host an international, a state or a provincial border and all their implications. Having endless strength to face these challenges is now a defining characteristic of Mohawk people. That is the story to tell.





Posted by: grinch

Re: Tribal News - 03/02/07 11:54 AM

Originally Posted By: Okla.ndn
Sure let Trump open one. And he will pay a lot less then the Tribes do.


If he paid a few dollars it will be more than the Oneida pay.
Posted by: bluezone

Re: Tribal News - 03/02/07 02:35 PM

Originally Posted By: grinch
Originally Posted By: Okla.ndn
Sure let Trump open one. And he will pay a lot less then the Tribes do.


If he paid a few dollars it will be more than the Oneida pay.


I agree.
Posted by: bluezone

Re: Tribal News - 03/02/07 02:38 PM

Originally Posted By: Okla.ndn
Sure let Trump open one. And he will pay a lot less then the Tribes do.

And how much tax payer money has been spent/wasted on the court cases that the tribes have in NY?
Posted by: bluezone

Re: Tribal News - 03/02/07 02:43 PM

Originally Posted By: grinch
It will be interesting to hear what caused this fire. The tribes reject inspections by local code enforcement officers and others charged with enforcing safety laws. Possibly they might have avoided this loss should they have allowed such inspections. Oh yes, they utilized the services of 20 volunteer fire departments in putting this out. I wonder if they are contributing to the cost of those departments. Sad part about this, 10 people are out of work.



Fire in Verona
Updated: 2/28/2007 9:34:50 PM
By: Web Staff


A fire has destroyed a woodworking shop located near the intersection of Routes 31 and 365 in the town of Verona. The one-story building is owned by the Oneida Indian Nation and served as a wood carpentry shop, that employed ten people.

The fire started between 7 and 8 o'clock when an employee at the nearby SavOn Gas Station saw it and called firefighters. More than 20 different departments responded.

Once they got the flames under control, crews brought in an excavator and knocked the building down.

No one was inside at the time of the fire. There’s still no word on the cause, but crews will be back on the scene in the morning.


And the OIN refuse to pay taxes???
How can a "sovereign" nation not even have a fire protection department of their own?
Guess they are not "sovereign" after all.
OIN is lucky that no one was hurt or killed by the fire.
Wonder what US insurance company will have to foot the bill?


?
Posted by: justaxme

Re: Tribal News - 03/02/07 05:17 PM

I am supposed to go to a business that doesn't allow fire inspections and probably DOES NOT obey fire codes. Yeah, I'll spend the night in a FIRE TRAP!!! No thanks, I wouldn't use the bathroom in an indian owned business.
Posted by: CitizenStraub

Re: Tribal News - 03/02/07 05:34 PM

Originally Posted By: justaxme
I am supposed to go to a business that doesn't allow fire inspections and probably DOES NOT obey fire codes. Yeah, I'll spend the night in a FIRE TRAP!!! No thanks, I wouldn't use the bathroom in an indian owned business.


Oh, I would just to give the Indians what they deserve... CRAP!
Posted by: Okla.ndn

Re: Tribal News - 03/03/07 02:16 PM

Originally Posted By: justaxme
I am supposed to go to a business that doesn't allow fire inspections and probably DOES NOT obey fire codes. Yeah, I'll spend the night in a FIRE TRAP!!! No thanks, I wouldn't use the bathroom in an indian owned business.
We agreed to go by all laws. And that's what the governor needs to ask of the rest of the Tribes.
Posted by: bluezone

Re: Tribal News - 03/07/07 08:13 AM

Originally Posted By: Okla.ndn
Originally Posted By: justaxme
I am supposed to go to a business that doesn't allow fire inspections and probably DOES NOT obey fire codes. Yeah, I'll spend the night in a FIRE TRAP!!! No thanks, I wouldn't use the bathroom in an indian owned business.
We agreed to go by all laws. And that's what the governor needs to ask of the rest of the Tribes.


If the tribes went by the laws then there would not be any tax free gas, tax free cigs, illegal casinos....
Posted by: reilley

Re: Tribal News - 03/08/07 12:37 PM

Mayor Tim want a meeting to get a casino going ..... maybe he thinks there will be big money to hual the city out of debt..
Posted by: Okla.ndn

Re: Tribal News - 03/09/07 01:38 PM

Originally Posted By: reilley
Mayor Tim want a meeting to get a casino going ..... maybe he thinks there will be big money to hual the city out of debt..
He doesn't think, he knows there will be a lot of money for the city. Go Tim go.
Posted by: reilley

Re: Tribal News - 03/09/07 04:45 PM

well your right , he knows , he has to convince others ...
Posted by: bluezone

Re: Tribal News - 03/10/07 07:05 AM

Originally Posted By: Okla.ndn
Originally Posted By: reilley
Mayor Tim want a meeting to get a casino going ..... maybe he thinks there will be big money to hual the city out of debt..
He doesn't think, he knows there will be a lot of money for the city. Go Tim go.


No casino for you.

LOL
Posted by: Okla.ndn

Re: Tribal News - 03/10/07 12:40 PM

Originally Posted By: bluezone
Originally Posted By: Okla.ndn
Originally Posted By: reilley
Mayor Tim want a meeting to get a casino going ..... maybe he thinks there will be big money to hual the city out of debt..
He doesn't think, he knows there will be a lot of money for the city. Go Tim go.


No casino for you.

LOL
You just wish you had a say in it, but you don't. LOL
Posted by: bluezone

Re: Tribal News - 03/11/07 03:27 PM

Originally Posted By: Okla.ndn
You just wish you had a say in it, but you don't. LOL


Mayor Tim can get booted just like you booted your former "leader".
Posted by: grinch

Re: Tribal News - 03/12/07 08:24 AM


http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070310/NEWS/703100315


Casino Roulette: Mohawks were first in line
March 10, 2007
Two decades ago, the Cabazon Banon of Mission Indians took California to the Supreme Court and won the right to have table games and high-stakes bingo in Palm Springs, paving the way for a new federal law and legal Indian casinos.

But now you can blame California tribes for the cold shoulder a Catskill casino is getting in Washington.

In 2006 alone, tribes there filed 10 applications. To date, 19 California tribes want to build casinos, and 14 of those are off-reservation casinos. California has more than 50 Indian casinos located on reservations.

Earlier this year, Interior Secretary Dirk Kempthrone dealt a spanking to all tribes with dreams of an off-reservation casino. Don't bet on approval, he told 42 tribes seeking casinos, including The St. Regis Mohawks, who want to build a casino at the Monticello Gaming & Raceway. In reality the Mohawks are caught in a backlash that is not of their making. The Mohawks submitted their original application for a casino at the track in 1999, the oldest on the books. In 2005 and 2006, though, tribes flooded the BIA with off-reservation proposals, attempting to beat new federal rules that might rule out any casino beyond 50 miles of the tribe's reservation. California has the most.

The Mohawks say they have enough support and a good case, on grounds of fairness, to gain approval.

But their biggest hurdle now is convincing Kempthorne of the difference.



The BIA's new chief
The Bureau of Indian Affairs has a new pit boss. Carl Artman, a member of the Wisconsin Oneidas, the same tribe that pursued a casino in Mamakating, was sworn in this month to a long-vacant post of assistant secretary of Indian Affairs. He'll oversee the day-to-day operations of the BIA. But he won't be making any decision on a Catskill casino.

Artman, a former lobbyist for the Wisconsin Oneidas, has recused himself from casino proposals in New York or Wisconsin, a BIA spokesman said.



Press feud of the day
Indian Country, a leading American Indian newspaper, is slamming New York metros for "vitriolic hate speech and libelous statements" in attacking the Mohawk project. The newspaper singled out The Post for an article calling attention to smuggling on the reservation and an editorial panning Gov. Eliot Spitzer's decision to approve the casino. "What the tribe seemed less prepared for was the obnoxious uproar from the court of public opinion that has an entire community of Indian people again defending itself against what amounts to a racist and ethnocentric defamation of character by the media," the editorial said.



Pay to play
Assemblywoman Annie Rabbitt, R-C, I-Greenwood Lake, has added her voice to the concerned politicians over a Mohawk casino. It's not that she opposes one. She wants Orange County to get a piece. "If the proposed casino is built, it is projected to bring in more than $100 million a year," said Rabbitt. "The residents of Orange County just want to make sure the infrastructure and vital services are adequate to handle the number of people that will flock to the casino. I don't think this is too much to ask for."
Posted by: justaxme

Re: Tribal News - 03/13/07 07:52 AM

I don't know how anyone can look at the dump Niagara Falls NY is and think a casino can have a positive effect on a community. Niagara Falls is no better off than it was before the casino. The casino has run most locally family owned businesses out of business. The county is virtually bankrupt.

I guess the Mayor thinks that's a good idea.
Posted by: bluezone

Re: Tribal News - 03/15/07 09:59 AM

California has over 50 indian casinos and the state has budget deficits.
Buffalo has 2 indian casinos and it has budget deficits.
Oneida county has TS and has budget/high sales taxes issues.

A casino is not the answer.
Posted by: Okla.ndn

Re: Tribal News - 03/15/07 02:47 PM

And these problems were already there before the casinos were. So why do you think they will all just go away? Your right a casino isn't the answer to the problems but it's a start. You can blame us but that's not going to help fix anything.
Posted by: bluezone

Re: Tribal News - 03/18/07 10:50 AM

Originally Posted By: Okla.ndn
You can blame us but that's not going to help fix anything.


Take your own words and apply it to your life.

You like to blame others for your problems.
Posted by: dwarren

Re: Tribal News - 03/18/07 11:01 AM

Interesting interview:

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070318/NEWS/703180339

CR: What specific things is he concerned about?

CS: Precedent. If you could assure him that only one off-reservation casino to be built would be the one in Sullivan County, I think we would have a very good shot.

CR: So you want to have a face-to-face with Kempthorne?

CS: Yes. I know Gov. Spitzer was to have a face-to-face meeting, but that was canceled.

CR: You have talked to Kempthorne on the phone. What has he said?

CS: We've spoken three times. I do intend to talk with him in person. I've asked to have a face-to-face meeting, to gauge his body language. He says, "How do I allow for this one casino?" I've told all the casino people that we'll try to find the way this one can be approved. Maybe a specific exception, so that he isn't obligated to approve all the off-site casinos that come before him.

See if we can find some legal reason. Maybe because it's a small amount of land or that it's within the same state. Who knows?

CR: Would you bet on a casino getting approved in this administration?

CS: I don't know. There's another alternative. As a last resort I told him, if he makes up his mind to disapprove it, then just delay a decision and we'll leave it up to the next administration. But that's a last resort. It would sent it back at least one-and-a-half years.

CR: If Kempthorne says no, does that mean that a casino is dead?

In other words, what are the stakes in getting this done in the next few months?

CS: I don't know. Maybe reapply, try to figure out something. We're going to do everything we can to get this passed now.
Posted by: Rich_Tallcot

Re: Tribal News - 03/19/07 01:37 PM

Also interesting:

March 19, 2007, 10:06 AM EDT

VERONA, N.Y. (AP) _ The Oneida Indian Nation turned a profit of more than $115 million last year from its casino and other businesses, according to a state report.

The nation is so profitable that even if none of its lands were put into trust and the nation had to pay property taxes, the nation's survival would not be jeopardized, concluded Gregg Jarrell, an economics and finance professor at the University of Rochester. Jarrell was hired by the state attorney general's office to review an environmental report prepared last year for the federal Bureau of Indian Affairs on the Oneida nation's land trust application.

The Oneidas have asked the federal government to take all their 17,370 acres into trust, which would exempt the land from taxes and local and state laws. A decision is expected by late summer.

Jarrell also estimated the nation's annual property tax bill at about $16.2 million.

Even if the nation had paid all taxes state officials say it should, the report indicates, the nation still would have turned a profit of at least $50 million.

"The conclusion of (the BIA report) was if they had to pay property taxes they would have to go bankrupt," Jarrell said. "That's just absurd. There is no way that paying property taxes is going to dramatically impact their wealth."

The nation's businesses, which include the Turning Stone casino and resort and a chain of gas station-convenience stores, are worth more than $2 billion, Jarrell estimated.

The Oneidas maintain they are a sovereign nation exempt from paying state and local taxes.

"They should have used a historian instead of an economist, because it's not an issue of dollars and cents. It's an issue of principle," said Oneida spokesman Mark Emery.

The BIA report said the Oneidas have made $38.5 million in payments to local governments since 1995. But Jarrell said that more than $10 million of that was for property improvements, such as water lines, that directly benefited the nation's development projects.

Local and state officials oppose the application, contending that putting Oneida land out of reach of local laws will create chaos and unfairly burden non-Indians with higher taxes.
___
Copyright 2007 Newsday Inc.

This is the first time I must agree with Mark Emery, it IS a matter of principle. We just have different principles.
Posted by: Okla.ndn

Re: Tribal News - 03/19/07 02:23 PM

LOL I don't have any problems. Everything is going great, thank you.
Posted by: Rich_Tallcot

Re: Tribal News - 03/20/07 03:54 PM

http://timesunion.com/AspStories/story.asp?storyID=573490&category=STATE&newsdate=3/20/2007

Albany Times Union

Gambling compact is on the line
Oneida leader, Spitzer meet after learning agreement is under review

By JAMES M. ODATO, Capitol bureau
Posted by: grinch

Re: Tribal News - 03/22/07 07:58 AM


Oneida leader opposes sharing casino proceeds %%by%%By Glenn Coin
Thursday, March 22, 2007
By Glenn Coin %%ehead%% %%bodybegin%%%%bodybegin%%Staff writer
Staff writer %%eby%%The Oneida Indian Nation should not have to pay - literally - for the mistakes of state officials, nation leader Ray Halbritter said Wednesday.
The federal Department of Interior said last week it will reconsider its 1993 approval of the Oneidas' Turning Stone casino because state courts have ruled that the agreement allowing the casino to open was never approved by the state Legislature.
In his first public remarks since the announcement, Halbritter said it's a state problem.
"If the leaders of the state of New York did not put the proper people in the room to make the deal, why should we as Oneida people pay for that mistake?" Halbritter said during a speech in Utica before Leadership Mohawk Valley's annual Follow the Leader awards dinner. "If it's their mistake, why shouldn't they correct it?"
The Interior Department gave the Oneidas and Gov. Eliot Spitzer until April 30 to either start negotiating a new agreement or plead their cases about why the agreement should be upheld or overturned.
State leaders and the citizens group that brought the lawsuit that led to the Interior Department announcement say they want the Oneidas to pay a share of proceeds from Turning Stone, just as the Senecas and Mohawks do with their casinos.
Those tribes have agreed to pay 25 percent of slot machine revenues; a similar percentage from Turning Stone could equal$30 million to $40 million a year.
The 1993 Turning Stone agreement required the Oneidas to pay nothing. Halbritter suggested that the Oneidas do not intend to start paying now.
"We're one nation that doesn't plan to let (state officials) wiggle out of their agreement," Halbritter said. "Paying something means something to us. It changes our history. It changes who we are."
Halbritter declined to answer questions from The Post-Standard.



Opinion: Oh boy, here we go again, another round of law suits. If the State has the moxie they will correct this "problem" of theirs and TS either will pay their dues or close up. We will see what we will see.


How does paying taxes to support roads, schools, and other government functions change the history of the Oneida?

Those of you inviting the tribes to come into our community are also inviting years of law suits, arguments over crossing your t's and dotting your i's. That will cost money, money, money and erode any money paid by the tribes to the municipalities. That money the tribes and your government spend to defend these suits will be your money that you lose at the casino to fund their attempts to circumvent every law they disagree with.

Another BS move by Spitzer, asking the tribes to share sales tax revenues. Why? To appease them? Bull! Every merchant in the state should bring a law suit and ask for half of the sales tax revenue they collect to be returned to them if this goes through.

Stop the nonsense, congress should get off their butts and amend laws, enact new ones if necessary to end this assualt on this area and other areas across the state and nation.


(boy, I should have used spell check before posting this. I corrected a ton of errors, that is it. Any more will stay there)

Posted by: grinch

Re: Tribal News - 03/22/07 08:24 AM

I spoke of law suits in my post above, here is a sampling from today's Indianz.com This is what you can expect in the future.


There is no end to this unless congress steps in and stops it. It is doubtful they ever will as long as the contributions to their campaign funds keep rolling in

http://www.indianz.com/IndianGaming/2007/001985.asp

http://www.indianz.com/News/2007/001967.asp

http://www.indianz.com/News/2007/001983.asp

http://www.indianz.com/News/2007/001980.asp

http://www.indianz.com/IndianGaming/2007/001984.asp

http://www.indianz.com/News/2007/001968.asp

And here is what happens when you allow racism to rule decisions of governments:
http://www.indianz.com/News/2007/001986.asp
Posted by: justaxme

Re: Tribal News - 03/22/07 09:30 AM

"There is no end to this unless congress steps in and stops it. It is doubtful they ever will as long as the contributions to their campaign funds keep rolling in"

BINGO!!!

There are plenty of crooked indians, politicians and lawyers to keep this going forever!!! You right, if congress was to fix it, their money supply would dry up!!!
Posted by: justaxme

Re: Tribal News - 03/22/07 03:03 PM

Spitzer will be rolled over so much he'll like like a pig over a BBQ spit. It was easy for him to beat up on big corporation and drive them out of NY. Now he's dealing with REAL CROOKS AND THIEVES and I don't believe he can handle it.
Posted by: grinch

Re: Tribal News - 03/23/07 07:14 AM

Rep Arcuri is quoted as follows. I recently sent an email that urges him to reconsider his position. Here is his web site for anyone wishing to express their view.

http://www.congress.org/congressorg/mailapp/


From FL One News:
Arcuri Urging Settlement In Oneida Land Trust Claim

Congressman Michael Arcuri Thursday called for an agreement to reach a settlement of issues surrounding the Oneida Indian Nation of New York's land into trust application. Arcuri in a letter to Governor Eliot Spitzer, Oneida Indian Nation Representative Ray Halbritter, and Oneida County Executive Anthony Picente, called for the parties to work together to develop a settlement plan. Arcuri wants that plan to address each party's concerns while protecting upstate's economy. Arcuri says he's concerned by the potential for a loss of jobs in the area if an agreement can't be reached. The US Department of the Interior has set a deadline for new gaming compact negotiations relating to the Turning Stone Casino in Verona, which is operated by the Oneidas


Email sent today to:

Rep Arcuri:

Please look carefully at any proposal you support relative to the Oneida Indians, or other Indian Tribes in NYS as well as the nation. Consider the implications of putting land into trust, in essence expanding the holdings of Indian Governments. By supporting tribes and allowing them to take more land off the tax roles weakens local governmental control and eventually will weaken the Union. Patchwork sovereignty where none existed before will become a nightmare.

There has never been trust land in NYS, the law was not designed for the original 13 Colonies.

I urge you to reconsider your position calling for support of negotiations with the tribes in light of recent Supreme Court decisions that put an end to Indian Land Claims. There is no basis for land claims of these tribes since the Sherrill and Cayuga decisions, what is there to negotiate?

I remain convinced that allowing gambling and evasion of taxes by one group, creating a monopoly based on race is against the constitution and was not their intention when it was written.

Support of this venture, in defiance or manipulation of established law is at best a band aid solution. Congress should end this travesty, and do it soon. You would be better advised to support legislation that will curtail reservation shopping.

It is a weak, lame excuse that Turning Stone creates jobs and by closing it will weaken the economy. Turning Stone has been illegal since the beginning and allowed to grow and fester with little or no governmental intervention. No other entity, race or person would have been allowed to open a business that is not legal under NYS Law.

There is more at stake here than money and jobs.
Posted by: justaxme

Re: Tribal News - 03/23/07 09:00 AM

The letter sent by UCE's attorney Neil Murray, Esq in response to Deputy Solicitor Jensen's letter to Governor Spitzer and Ray Halbritter is available at:

http://www.upstate-citizens.org/UCE-DOI-Letter-032107.pdf

Great letter!!! It started when Mario Cuomo was arrogant enough to believe he was king of NY and waived his magic wand and made gambling legal without anyone elses consent. It's been a joke ever since. If it was a tax paying NYS/US citizen wanting to start a casino, we would have been squahed like a bug and it would never happened. But you get two people together, politicians and indians, one with money and the other that needs money and crime and corruption take place. I can't believe we keep voting these crooks back into office.
Posted by: grinch

Re: Tribal News - 03/23/07 03:35 PM

The letter from Neil Murray Esq. UCE's attorney is quite informative.

I am disappointed a copy of that letter was not sent to our Federal Representatives, namely Arcuri, other representatives and our two Senators.

If Dan Warren reads this, I would suggest they be included in your list of recipients.

It may be worthwhile to check the various web sites naming political donors and to whom those donations were made. While donations are legal, they can be revealing as to whom they are most likley to show a bias.
Posted by: grinch

Re: Tribal News - 03/23/07 03:51 PM

Old news but sheds some insight on one of the reasons Eliot Spitzer has not forced the Oneida to obey NYS Law This is worth a reread.

Suozzi questions Spitzer's ties to lobbyist

BY MICHAEL ROTHFELD
Newsday Staff Writer

June 8, 2006

Nassau County Executive Thomas Suozzi suggested yesterday that Attorney General Eliot Spitzer, his Democratic opponent for governor, has not taken action against an upstate casino that is operating illegally because of his political ties to a prominent Albany lobbyist.

Patricia Lynch Associates, one of the state's most successful lobbying firms, has a $10,000-a-month contract with the Oneida Indian Nation, the operator of Turning Stone Resort & Casino.

Lynch, her husband and her firm have given Spitzer a combined $49,500 in campaign contributions since 2003, according to records cited by Suozzi, while she raised $174,000 for him from other donors. Suozzi, at a Manhattan news conference, said "the question could be asked" whether Lynch has influenced Spitzer.

"She represents the Turning Stone Casino," Suozzi said. "And Eliot Spitzer is not moving against the Turning Stone Casino, despite the fact that the law is clear on the issue, and he has always said, 'You must enforce the law.'"

Christine Anderson, Spit- zer's campaign spokeswoman, denied that Lynch had affected the attorney general's stance. "Eliot took on Merrill Lynch. Do you think he's afraid of Pat Lynch?" Anderson said, referring to his fraud case against the investment house.

Lynch did not respond to a request for comment.

Turning Stone, which opened in 1993, has been found by state courts as recently as last month to be illegal because state lawmakers never ratified the compact signed by former Gov. Mario Cuomo.

Spitzer said last month he would consider legal steps in conjunction with Gov. George Pataki. Pressed last week as to what he would do as governor, Spitzer said, "Nobody is going to immediately move to close a business that is ... employing thousands of people."

The casino employs more than 4,000 people.

Anderson also said the federal government has primary jurisdiction.

Suozzi himself hired Lynch as a lobbyist for Nassau in 2002. She terminated the contract in 2003 after he began attacking state Democrats, alienating Assembly Speaker Sheldon Silver (D-Manhattan), for whom she had previously been chief of staff. Silver is a key supporter of Spitzer.
Copyright 2007 Newsday Inc
Posted by: dwarren

Re: Tribal News - 03/23/07 06:05 PM

Originally Posted By: grinch
The letter from Neil Murray Esq. UCE's attorney is quite informative.

I am disappointed a copy of that letter was not sent to our Federal Representatives, namely Arcuri, other representatives and our two Senators.

If Dan Warren reads this, I would suggest they be included in your list of recipients.

It may be worthwhile to check the various web sites naming political donors and to whom those donations were made. While donations are legal, they can be revealing as to whom they are most likley to show a bias.



Our federal delegation are being provided copies of the letter as well as members of the U.S. Senate Committee on Indian Affairs.
Posted by: grinch

Re: Tribal News - 03/24/07 09:33 AM

Dan, thank you they should recieve that letter. They know all that information, or at least they should know it. The letter will serve as a reminder others are aware of what has transpired and the various laws that regulate these ventures and they are being watched closely.

There are still many of us who demand equality and adherence to the letter of the law. If those laws conflict with what politicians and tribes want to accomplish, change the law. Until that is done those in politics, law enforcement and other appointed or elected positions of authority are charged with upholding and enforcing existing law.

To do anything else exposes us all to graft and corruption.

Enough is enough, obey the law or work to have it changed.
Posted by: Rich_Tallcot

Re: Tribal News - 03/26/07 06:14 PM

Mohawk Catskill Casino deal - may be down the tubes. LOL

Spitzer is proving himself to be just as inept, arrogant and ignorant as King George and it didn't take him long to get there. While King George didn't think he needed a legislature to pass laws and would make announcements like he had settled the Cayuga Indian Land Claim for a dollar and a dream - er rather a Catskill casino.

Spitzer isn't doing any better. He made the same announcement with a different tribe, the Mohawks. He "settled" the Mohawk Land Claim for a similar casino deal in the Catskills. But, identical to the Cayuga, he never stopped to think that their chiefs needed Council approval. Without that, the BIA would have trashed the deal anyway and, in the meantime - Spitzer may well have relinquished state sovereignty in a heartbeat for a trust land Indian reservation in the Catskills and no casino deal. Trust land has to be approved FIRST. The DOI even sent the Governor a letter to this effect last year. Once it's trust land, it's trust land, it doesn't go back - casino or no casino.

On top of that, rather than merely do what the judge TOLD this so called attorney to do and issue tax coupons to the tribes to implement the sales tax law, he's offering to give the tribes the sales tax money they collect from non-Indians. OK - without going further I ask - is this fool ALSO agreeing to give the tribes the COUNTIES sales tax monies AS WELL????

While I don't agree with their position, I do totally respect the Mohawks for standing up for their beliefs and principles. That's a trainload more respect than I have ever had for ANY NYS Governor.
________________________
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070325/OPINION/703250321/-1/OPINION04

Not all Mohawks agree with tax concession for casino
By Doug George-Kanentiio

March 25, 2007
Not all Mohawks, not even a majority, support a Monticello casino if the last public meeting at the St. Regis Tribal Council is any indication.

Confronted by the hostile crowd, tribal officials on March 3 denied that the casino deal was tied to a Feb. 17 taxation agreement with Gov. Spitzer. That agreement will give the state the authority to collect taxes from tobacco wholesalers prior to delivery to an Indian retailer and compel the tribe to acknowledge the jurisdiction of the state over any and all disputes.

The Akwesasne Mohawks have dozens of businesses and employ hundreds of workers. They all benefit from their tax-free status because they are located on Indian territory, which is by treaty and custom exempt from state laws of any kind.

Our Mohawk people insist our reservation is outside the boundaries of the state, and when they read a line in the agreement that stated, quite plainly, that Akwesasne was "within" New York, they were infuriated.

Tribal officials were accused of everything from treason to stupidity. But what was most important for the residents of Sullivan County was the claim that Spitzer pressured the tribe to agree to pay taxes to the state as a prerequisite to the Monticello deal.

On March 13, Spitzer affirmed his determination to collect state taxes on the sale of tobacco to non-Natives on Indian lands. He did so without consulting the Iroquois and in a manner that is certain to provoke resistance.

The Mohawk retailers know they cannot survive in their current state if they have to adhere to state regulations. We realize an agreement to pay taxes undermines our status as a distinct society and will result in critical job losses.

But the lure of casino riches has caused many a wise person to do truly dumb things. Signing away our status as Iroquois nations is one of them.

From a historical perspective, the Monticello casino deal is a bad one. The Mohawk Nation never had claims in Sullivan County. Our southern boundary was fixed at the east branch of the Delaware River. We'd have no right to Indian status there.

For many of us it has come to a simple equation: Casinos equals taxes equals state jurisdiction.

What's ahead for Spitzer are acts of defiance he is ill-prepared to handle. His steamrollering tactics will not work in this situation. He needs to demonstrate tact and diplomacy, beginning with a retreat from his tax collection threat. He needs to meet with the Iroquois collectively and work out a plan that reduces current state expenditures on Indians by having our governments pay their own way. This can only be done if we have a stable economy, which the Spitzer tax will destroy.

If Spitzer presses the tax issue, the Monticello casino will not happen. Tribal officials now realize that paying state taxes on the reservation will kill the casino deal.

The hostility to the Feb. 17 tax agreement was enough to cause one tribal official to reject the contract outright and compel another to send a letter to Spitzer stating his opposition to the deal.

All of this is ominous news for the casino advocates in Sullivan County. A Mohawk casino in Monticello? Don't bet on it.

Doug George-Kanentiio, Akwesasne Mohawk, is a co-founder of the Native American Journalists Association and a columnist for News From Indian Country. His e-mail address is Kanentiio@aol.com
Posted by: grinch

Re: Tribal News - 03/27/07 08:37 AM

The Onondaga land claim is winding its way through the court system. What do you think the chances are it will survive the first hearing?


My thoughts: The ruling in the Cayuga claim will prevail and they will dismiss this action. The Supreme Court ruling in the Cayuga matter may be the reason the Federal Govt has not intervened on behalf of the Onondagas. If they do step in, this claim will drag on for another year or two before it is dismissed.



Finger Lakes News Network

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Hearing In Onondaga Land Claim Adjourned

A hearing on a motion to dismiss the Onondaga Indian Nation's land claim has been adjourned. The hearing -- set for Wednesday in federal court in Albany -- has been pushed back three months to June 19th to give the Onondagas more time to persuade the United States to join in the suit. New York state is seeking dismissal of the claim, arguing that the state is immune under the U-S Constitution from such lawsuits unless the United States is a plaintiff. The U-S Justice Department has yet to intervene as a plaintiff
in the Onondaga case. The Onondagas have asked the court to declare that New York illegally acquired roughly four-thousand square miles in five treaties between 1788 and 1822. The tribe is seeking legal title to a swath of upstate New York up to 40 miles wide stretching from Pennsylvania to Canada, including the cities of Syracuse, Oswego, Fulton, Watertown, Cortland and Binghamton.
Posted by: Rich_Tallcot

Re: Tribal News - 03/27/07 05:01 PM

Well Grinch, it all depends. If the feds don't intervene, the Onondaga don't have a case. State sovereign immunity holds water just as well as tribal, actually better. BUT, that wouldn't mean it's dead. The feds could agree to join as plaintiff at ANY time, even a hundred years from now.

This might not be an election year, but in the Presidential race, it's close enough. Remember, the DOJ is part of the Executive branch. The feds are SERIOUSLY trying to DUMP the trust relationship with the tribes.

The Cobell case - initiated in 1996, with many more like it in line, have "basically" won their case. This is for missmanagement of Indian trust assets and the feds are guilty as hell. We're not talking 200 years here, the time frames are realistic. However, the case is still in the appeals court, which "urged" the parties to make a "settlement" when the feds choked on the $27 Billion price tag last summer. The DOJ urged Congress to make a deal. McCain threw out an $8 Billion offer in legislation, which the DOJ picked up on two weeks ago and made an offer of $8 Billion with a phase out of the trust relationship over ten years. The offer was refused.

Sorry to get what appears to be sidetracked, but this has a lot to do with the feds backing off from representing the tribes. Timing is everything. The Onondaga played the wait and see game and discovered they weren't going to win any land grab when the Cayuga case went down. So, they're using a different strategy which may have actually worked if that was used in the initial lawsuits by the other tribes. But now the timing is off - I doubt that the feds will intervene.

One must remember, the Oneida LOST their six million acre lawsuit and there is a LOT of information in that suit which would dismiss the existing lawsuit - well, if Spitzer wasn't for sale for a dollar and a dream. The fact it was an aboriginal claim and required no compensation may have been a dismissal ruling, but like many other cases, the merits have not been argued at the higher level courts.

Their [Oneida] "precedent" lawsuit was for two years rent of 841 acres of unoccupied county lands. One should be wary of a "precedent" lawsuit by the Onondaga, which their present one may just be.
Posted by: grinch

Re: Tribal News - 03/27/07 05:09 PM

Thank you. We will see what we will see.
Posted by: Rich_Tallcot

Re: Tribal News - 03/28/07 11:03 PM

This article below is typical of many, but the reply to the article, posted below the article is awesome. By the way - this is in Canada http://www.ottawasun.com/News/Columnists/Harris_Michael/2007/03/23/3812370.html

Natives Left Out Again March 23, 2007

For a man who likes to lecture the Chinese on social justice and human rights, Stephen Harper has brought down a strange budget.

When Chief Angus Toulouse walked into the CFRA studio this week to react to the federal budget on behalf of the Assembly of First Nations, he had the air of a shell-shocked soldier.

The hope of Kelowna had been supplanted by the cold arithmetic of Stephen Harper's political calculations. In that world, the people who mattered came from Ontario, Quebec and Alberta, not Oka, Membertou, or Eskasoni.

The budget spoke of supporting families, seniors and needy provinces, but not Native families, Native seniors or desperately poor reserves. Once again, the confirming handshake of a New Deal for Native people, this time known as the Kelowna Accord, turned into wind blowing through grass.

Now Stephen Harper is disputing that there ever was a formal deal made between the federal government, the provinces and Canada's indigenous peoples that binds his government.

Chief Toulouse found it particularly galling that Jim Prentice, now the minister of Indian and Northern Affairs, had once declared that Native poverty was the most serious social crisis in the country and that the Conservative party intended to address it. He spoke those words while endorsing the Kelowna Accord and its $5-billion package to bring medical services, education, and infrastructure to Canada's often isolated reserves. Of course, in those days, Mr. Prentice was an opposition MP full of idealism, resolve and compassion. Now he has power -- and a different story.

With just enough money to sustain "the misery" as Phil Fontaine put it, Chief Toulouse told me that the next act in this national disgrace may well unfold at the barricades manned by youthful Natives tired of the duplicity, obfuscations and lies of the federal government. I could almost hear the vitriolic e-mails piling up in my computer, accusing Natives of loutishness, bellicosity, a refusal to adapt to the modern world, and a towering sense of entitlement.

One man wrote that he had worked with Natives all his life and was "tired of babysitting them." Why all the "handouts" to a people who refused to work? His answer? Cut them off completely and "quit crying about what happened years ago."

Would he say that, I wondered, to a Jew, a Black, or a PoW? Even stranger, he didn't bother to say exactly what did happen all those years ago. Bigots rarely do. What happened is that we stole an entire continent from indigenous peoples without compensation and then consigned them to ghettos where we decided how they would live, unless, of course, they decided to be like us. Then there were residential schools where they could be beaten and brainwashed into assimilation.

Everywhere else in the world, human beings cling to the land with striking ferocity when they consider it theirs and their passion is understood. Consider Israel, Palestine, the divided Ireland, Taiwan, and yes, Canada too. But when it is Native people trying to enforce their claim to the land, and doing so under the terms of the proclamation of 1763, they are lazy, ungrateful troublemakers.

Walking home after the day was done I looked up at the Parliament buildings, standing imposingly on Algonquin land and a sacred site at that. It seemed singularly graceless, I thought, to deal the Natives out of the budget when you were 140 years behind in your rent.


The url and reply below covers all the bases and I couldn't have said it better myself.
http://warwicknews.blogspot.com/2007/03/leftard-of-day-michael-harris-ottawa.html

Friday, March 23, 2007
Leftard of the Day: Michael Harris, Ottawa Sun

Rarely do I read a column by Michael Harris which doesn't make me despise the man even more and this one is no different.

This guy is everything I hate about snotty leftards who are too stupid to know that what they claim is fact is no more fact than fairy tale. Just because you have a delusion doesn't mean that reality will morph itself to suit your opinion.

I am sick to death of idiots like this guy.

Natives are not starved of cash from the federal pimp daddy. The dept. of Indian affairs (or whatever they call it now) spends more than $16,000 for every man, woman and child living on the reserves. Add to this all the other transfers and spending and it should be clear to anyone with an IQ higher than a retard that money is not the issue. The system itself is the problem. To fix this problem, we have to back up a whole bunch of steps to correct Mikey's delusional sense of the past.

First off, I refer to anyone who throws around the "racist" slur against anyone who questions the wisdom of throwing more money at a failure of a system an asshole. Yes Mikey, I think you're an asshole for your attacks at anyone who dares question your "wisdom."

I'm sick of people like you. You and people who share your mindset infest the media like maggots on a steaming pile of shit. You pretend that since you claim some fairy tale to be true that it becomes fact. You assume that anyone who questions your fairy tales to have belligerent motives allowing you to disregard those who would debate you on the merits (or lack thereof) of your delusions. Your snotty attitude is insufferable. I can tolerate stupid people so long as they realise they are stupid and don't claim to know more than everyone else. I can't tolerate stupid people who think they're fricken geniuses.

First off, when Europeans came here they certainly displaced the natives and took over. Why is this considered an unforgivable injustice? Is this somehow out of the ordinary? Is this an ahistoric event? Only a fool would think so.

"Natives" or "Indians" or whatever PC label they have this week are not a homogeneous population. They are a collection of competing groups or "tribes" in the same way we have the tribes of Europe, Africa, Asia and everywhere else on earth. Second, boarders and land are not static anywhere. Europe and its various groups are not the same now than they were even 50 years ago, never mind thousands.

In Ontario, the Hurons were conquered by the Iroquois before the Europeans took over from the Iroquois. So then why are we paying the Iroquois for the land that isn't indigenous to them and if fact, was stolen from the Hurons? This competition and displacement is as common here as it was everywhere else. Natives are not different than the rest of humanity. But you see where this leads? Who owns the land? Who has "rights" to it? The quick and easy is that we all do.

I am as "native" to this land as a Huron or Iroquois. Why? I was born here and this is my home. To state that I am not because I don't share a race with the Huron or other "tribe" is the racism. You, Michael, are the racist here - not me. You, Michael, are the one in favour of apartheid in Canada - not me. The historical injustice wasn't that there are Europeans here but that the natives were kept apart from them. The injustice was that they were not assimilated into the Canadian population like every other group since then. This is what happens when cultures merge. It happened when the Saxons were taken over by the Normans. It happened when the Zulus ventured south and colonized all the lands of southern Africa displacing and enslaving the "native" tribes. It happened until the Europeans were too racist to assimilate the natives they colonized. It isn't the colonization that was the problem but the separation afterwards. Britain has been "colonized" many times over. There is no issue with this because everyone was assimilated. There are no Druids or Vikings or Saxons or Romans or Normans in Briton today - just Britons. The problem is that assimilation of the natives didn't happen here. I don't mean total assimilation. The Irish in Canada still have a sense of their history and culture as the Chinese do, the Somalis do, the Chileans do... The natives can keep their sense of history without the destructive social pathologies that lead from segregation.

The root of the "native's" problem is that they were not granted equal citizenship then and are not required to live by the same rules as everyone else now. A racist "treaty" that sets up different systems of governance and rights based on race is Apartheid and it was wrong in South Africa and it's wrong here, too. Further, it does the "natives" more of a disservice here than it ever will to the taxpayers who are charged with the untenable financial responsibility of perpetuating a racist regime at great public expense. The root of native misery is their enfeeblement and reliance on the government instead of themselves.

Natives have been poisoned by the lies of their leaders as much as the lies of our government (and the enablers of lies known as journalists and professors who shill their myths and their forked-tongue lies to the next generations.) The natives have been told that they are owed something, that they lost something and that their plight is not their responsibility but those of another race. Sounds much like a lot of other grievance mongers. You mention the Jews but a more appropriate analogy would have been the Palestinians and their monstrous leadership. The root of Palestinian suffering is their leaders, their Mullahs and their Arab neighbours compounded by a criminal education system that teaches racist, anti-Semitic hate (generously funded by Canadian Aid money...)

Make no mistake: No native alive today lost their continent. No native today can claim Canada is theirs and not mine and every other citizens. Every native today who claims a loss is living in a past they aren't a part of. Their ancestors lost something. So did the ancestors of just about everyone who ever lived. Losers whine about what happened long ago and use it as an excuse for failure. Natives need to eliminate this wart on their soul and take back their individual rights while rejecting group victimhood and identity politics. They do themselves harm in resisting their own best interests. They don't call welfare a trap for nothing.

Mikey also foolishly mentioned "black" people. If you decry the plight of black people, why demand Apartheid here for natives? Sounds like a bit of bad logic but least you're consistently illogical.

As for PoW's I won't even dignify something so stupid with a response.

But I have a better analogy: Russians. Russians suffered from 70 years of economic and political terrorism from their government. They were denied the right to self-determination through the communist system. Natives share this system. The Reserves are places where you are at the mercy of the Chiefs who lack accountability and have powers that make the corruption of many third-world nations look tame. There is no secret ballot so reprisals are common. When the Chief and his cabal of insiders have the power to give or take everything you rely on from welfare to housing to social services, and they also get to see how you vote, they have the power to crush dissent. You don't own your home and rely on the state for everything in the same way that the Russians did. Neither have control over their lives or their destiny because the state/chiefs have usurped the individual. On most reserves financial audits are rare, incomplete or non-existent so theft or waste of funds that are meant for the average native is not uncommon.

Without ownership you have nothing. Without political and economic accountability, you have nothing. The same misery and social pathologies (diabetes, alcoholism and substance abuse, depression, suicide and the like) that you see on native reserves you also see in the Russian people. It will take generations to undo the damage caused by communism (that is, if they weren't going backwards under Putin.) The same will be said of our "Bantu" homelands we refer to as reserves after (or if) we eliminate them.

It's well known that you suck the life out of people when you eliminate their purpose. Welfare kills people. Reserves are the cruellest type of welfare as it makes you chose between living away from your friends, family and all you know to get ahead or stay behind and languish in dung heaps that are often hundreds of miles from the nearest job. Reserves compound this problem by concentrating the walking dead in one place like a slum or ghetto that also happens to be segregated from other communities. Isolated reserves are economically infeasible and cruel places and all the money in the world is wasted until the entire idea of race-based entitlement and treatment is eliminated. You do natives a grave disservice by demanding more of the status quo on top of the damage already done.

Natives can't go back to living like they did prior to 1492 any more than the British or Japanese or Congolese can. To suggest that it should be state policy to keep natives trapped in the past may keep the votes coming for the liberals, it may keep the chiefs in power, but it is destroying the native people.

The history of humanity is filled with conquerors and the vanquished. Boarders and people change constantly. There are a reason why natives have names like "Mohawk warriors." The various competing groups of natives fought and killed in their competition for land and resources. They are not, nor have ever been a race of little innocent children. They are all fully human with the same characteristics as the rest of us. The myths perpetrated by the stupid suggesting that native life was some sort of Garden of Eden-like utopia where the natives were all happy and singing in the fields is a particularly feeble - not to mention racist - fairy tale. The "noble savage" myth was racist. Those who perpetuate it today are racist. To say that the Indians have the right to have their people frozen in time but the Druids or Pics or Vikings don't is also racist. Suggesting that Canada's system of racial Apartheid based on historical fantasy should be eliminated is not racism Thinking that the natives are different and need or deserve special treatment is racism.

It will be hard as hell to reverse this injustice against us all (and the natives the most) under Canada's Apartheid. It most likely won't be accomplished in my lifetime. It's a shame as another couple of generations of natives will be destroyed while we wait. In the mean time, if you want improvements to the lives of natives, you have to stop penalizing them for living outside of reserves, you need to boost accountability and democracy on the reserves and you need to stop educating natives in the ideology of victimhood. More money is not the answer. Well spent, you'd only need a small fraction of what it being pissed away for no positive results.

posted by Warwick @ 3/23/2007
Posted by: grinch

Re: Tribal News - 03/29/07 08:51 AM

The Syr Post Standard this morning reports the following:

"State Senate considers bill to split cigarette taxes with tribes
Thursday, March 29, 2007By Glenn Coin Staff writer
New York, which fought with Indian tribes for years about taxes on cigarettes sold at Indian-owned stores, is taking a new approach: sharing.

The state Senate is considering legislation that would let tribes keep half the taxes and give the state the other half. Gov. Eliot Spitzer has said he's open to the idea of revenue-sharing.

"It's something we're willing to discuss with the tribes," said Spitzer spokeswoman Christine Pritchard.


Some tribes say they will not remit any taxes to the state; others have said they're willing to talk. The Cayuga Indian Nation has a meeting with Spitzer in the next several weeks, said Dan French."

My opinion: This is wrong. It is another raced based bribe to the tribes so they will not burn tires. If they pass this, the merchants in this state should stand as one and demand they be allowed to keep half the state sales taxes they collect to invest in their business. Every county should demand half the state sales taxes that are collected within their jurisdiction.

It is another unfair advantage given to a racial group.

Drop the sales taxes on cigarettes and gasoline, make it up elsewhere and the problem is solved. Put the tax on income if necessary, better yet cut state spending.
Posted by: Okla.ndn

Re: Tribal News - 03/29/07 12:15 PM

Your opinion is wrong again grinch. It's not based on race. It's based on a government dealing with another government. I know that's too much for you to take in, but that's what it is, government to government.
Posted by: grinch

Re: Tribal News - 03/29/07 05:20 PM

No matter how you try to spin it, tribalism is based on race. One does not need a certain blood quota to belong to a political party, and be a citizen of a local, county, state or federal government in the USA. Nor is it necessary to prove blood quantum when it is time to vote. No one should in the United States of America. I devoted a good share of my youth to the military and fought in two wars to protect that right.

As the writer stated in a post above, Tribalism is a thing of the past and should go the way of the horse and buggy. Except for those who stand to profit by perpetuating its existence Tribalism has outlived its usefulness.

There is room for one government to rule supreme in the United States and a vast majority of our citizens suypport our current form of government that is not based on race or blood quantum.

Is there a tribe that allows non indians to become and remain voting members? If so please name the tribe or tribes.

No I do not believe I am wrong in what I posted. It is my opinion and I stand by it.







Posted by: justaxme

Re: Tribal News - 03/29/07 06:13 PM

I thought it was NYS law that tribes had to pay taxes on cigs. It was just gutless King George who refused to collect because of the violent actions and threats by the tribes. Where do I go to get lower taxes? Oh that's right, I am only a tax paying citizen of NY and the US. I don't get sqwat!!!!
Posted by: Okla.ndn

Re: Tribal News - 03/30/07 01:04 PM

One does not need a certain blood quota to belong to our Tribe. "Is there a tribe that allows non indians to become and remain voting members? If so please name the tribe or tribes." The USA government will not let us take in anyone that can't prove a link to someone on our rolls. Our government is not based on race, it's based on the fact that we were here before the USA government was. It's people like you that want to make it seem that it's based on race. And your wrong. You have the right to your opinion, but that doesn't make it right.
Posted by: Rich_Tallcot

Re: Tribal News - 03/30/07 06:23 PM

Originally Posted By: Okla.ndn
One does not need a certain blood quota to belong to our Tribe. The USA government will not let us take in anyone that can't prove a link to someone on our rolls. Our government is not based on race, it's based on the fact that we were here before the USA government was. It's people like you that want to make it seem that it's based on race. And your wrong. You have the right to your opinion, but that doesn't make it right.

Nope - Grinch and I are right, you're wrong. Your tribal government may have eliminated blood quantum requirements to be a member of your tribe but, as you point out, our federal government is using the old race based Crow rules of one drop of blood for membership. Those were the rules that were used under the IRA (Indian Reorganization Act) to establish your tribal government in 1937 that never existed prior to that. That makes your tribal membership race based. Therefore, as only members of your tribe can be officers in your government - it's race based.

Some of your ancestors may have been here before the USA government was, but so were mine, both sides - 1632 & 1658. But I can't start a tribal government because I don't have the one drop race requirement and none of my ancestors were listed on the Dawes roles (proving Indian lineage). It may be our federal government, as opposed to the tribal government, making it so, but it's still race based.

Have a nice day - good to see that you're still kickin' \:\)
Posted by: Laker

Re: Tribal News - 03/31/07 01:03 PM

In today's Post-Standard a typical old Indian trick --

Contractor: Casino owes millions
Saturday, March 31, 2007By Glenn Coin Staff writer

The general contractor on the recent Turning Stone Resort and Casino expansion has filed a multimillion dollar claim with the Oneida Indian Nation.

Hunt Construction, of New Jersey, has given the nation two more weeks to respond before taking the next step. Hunt's lawyer, Jose Pienknagura, declined to say whether Hunt would file suit against the nation.

"If they don't respond, I will decide what my next step is," Pienknagura said Friday. "I will do what I have to do."

A list of plaintiffs suing over the Turning Stone expansion / Page B-5

The nation is normally immune from lawsuits, but waived that immunity in its $93 million contract with Hunt.

Hunt says the nation still owes the company millions. Nation spokesman Mark Emery said Hunt has been paid all that it was owed.

Hunt oversaw construction on much of Turning Stone's $343 million expansion project, including the 19-story Tower at Turning Stone hotel, a 5,000-seat arena and a two-story atrium with waterfalls. The expansion opened in 2004.

Nation and Hunt officials met Feb. 1, and Hunt provided the nation with a claim, Pienknagura said. He declined to give details, other than that the claim "was in the millions of dollars."

In the meantime, lawsuits filed by subcontractors against Hunt continue to mount. Another suit was filed in March in St. Lawrence County by Cives Corp. of Gouverneur, which had a $6.6 million contract to provide steel for the expansion.

Like at least 11 other contractors, Cives says it is owed more money for the work it did. Cives said it has been paid about $6.5 million, but still deserves about $1.8 million more.

"You've got 10 to 12 contractors who performed their contracts in a good, workmanlike manner and are being held hostage by this ridiculous situation," said Edward Hourihan Jr., the lawyer who represent Cives and another contractor, Eastern Exterior Wall Systems of Bethlehem, Pa.

Cives also sued Barry Halbritter, brother of Oneida nation leader Ray Halbritter, but offers no specifics. Halbritter's lawyer, Vic Kopnitsky, declined to comment on the allegations in the Cives lawsuit.

Two other contractors, in separate lawsuits, said Barry Halbritter had received about $800,000 for doing nothing other than passing along bills and payments between Hunt and subcontractors.

In an affidavit filed in one of those suits, Barry Halbritter said the only reason he was hired was to satisfy the requirement that Hunt give at least $18 million worth of business to companies owned by Oneida nation members.

One company, Pike Co. of Rochester, has filed suit directly against the nation. Pike's lawsuit said the nation's continual changes in design of the luxury Lodge hotel caused delays and Pike $3 million. The nation's top lawyer, Peter Carmen, has said the delays were "100 percent Pike's fault."

Glenn Coin can be reached at gcoin@syracuse.com or 470-3251.
Posted by: grinch

Re: Tribal News - 03/31/07 05:41 PM

Law suits are quite common upon completion or non completion of such large projects.

I wonder who will prevail in this matter?

Has the Oneida paid the contractor all that was owed?

Is the contractor trying to charge more than what was agreed upon plus changes?

Is the Oneida trying to stiff the contractors?

This information was very interesting and is quoted from the article:

"You've got 10 to 12 contractors who performed their contracts in a good, workmanlike manner and are being held hostage by this ridiculous situation," said Edward Hourihan Jr., the lawyer who represent Cives and another contractor, Eastern Exterior Wall Systems of Bethlehem, Pa.

"Cives also sued Barry Halbritter, brother of Oneida nation leader Ray Halbritter, but offers no specifics. Halbritter's lawyer, Vic Kopnitsky, declined to comment on the allegations in the Cives lawsuit.

Two other contractors, in separate lawsuits, said Barry Halbritter had received about $800,000 for doing nothing other than passing along bills and payments between Hunt and subcontractors.

In an affidavit filed in one of those suits, Barry Halbritter said the only reason he was hired was to satisfy the requirement that Hunt give at least $18 million worth of business to companies owned by Oneida nation members."


Hmmmm. It appears the main contractor Hunt claims he was not paid all that was due and that entity has not paid the sub contractors.

Opinion: I would think long and hard before doing business with a tribal nation. Although they waived soveriegn immunity on this contract can that waiver be enforced? I have read of other such cases in which the courts have ruled the tribes cannot waive sovereign immunity. If Hunt prevails, they may not be able to place a lien on TS nor forclose to secure amounts owing.

Posted by: Rich_Tallcot

Re: Tribal News - 03/31/07 11:20 PM

Contracts - yes, details can also include 1) the "contract" was not approved by the tribe's council or per the tribe's governing body, and/or 2) the contract was not ALSO approved by the BIA.

There are times a tribe will purposely leave out these steps knowing it invalidates a contract. That's all explained in Pevar's Handbook on "The Right's of Indians and Tribes". Most contractors in the east don't know and others don't want to bother with the red tape (no pun intended) of dealing with the BIA.
Posted by: Rich_Tallcot

Re: Tribal News - 04/02/07 05:33 AM

Hello Okla et all ...

Looks like another tribe may just prove my point here regarding the Jim Crow rules and tribalism. Didn't post the whole article. When this baby gets to SCOTUS tribes may just lose their sovereignty butt.

http://www.indiancountry.com/content.cfm?id=1096414763

Cheyfitz: The case of the Cherokee freedmen © Indian Country Today March 30, 2007. All Rights Reserved
Posted: March 30, 2007
by: Eric Cheyfitz / Cornell University
Identity politics in Indian country

In his explanation of the vote to exclude Cherokee freedmen from the tribal rolls (''Cherokees vote for Indian blood,'' Vol. 26, Iss. 40), Cherokee Nation Principal Chief Chad Smith invoked the criteria of ''blood'' as that which defines the boundaries of Indian nations. And yet in the same explanation, Smith denied the charge of racism (exclusion by race) brought against the nation by the freedmen and accused the freedmen themselves of playing ''the race card.''

In denying the charge of racism, Smith points to the racially diverse citizenry of the Cherokee Nation. Yet at the same time, he does not consider that defining a nation by its blood is certainly defining it racially and that to exclude individuals or a group of people from citizenship in that nation because they lack the necessary blood quantum (however that is determined) is to exclude them racially, an act that certainly can be construed as racist.

In denying Cherokee racism while endorsing the practice of it in tribal politics, Smith finds himself caught in a contradiction of the colonial politics of Indian country, which he does not care to examine. Intentionally or not, this carelessness allows him to have his race-cake and eat it too.

As Smith noted, Cherokee citizenship is based on the Dawes Roll of 1906, where, in Smith's words, ''If you had Indian blood, you are listed as an Indian.'' But what is ''Indian blood'' and how was it determined in 1906? (We know today that there are no absolute genetic markers for determining race, which is itself a social construct.)

The fact is that ''Indian blood,'' particularly in its manifestation as blood quantum, is a colonial construct of the U.S. government, a legal fiction that came into its own in the Dawes era (1887 - 1934), where it was used both to construct the Dawes Rolls to decide who was an Indian and who wasn't for the purpose of determining who was eligible to receive parcels of tribal lands, and later to determine or aid in determining which Indians were ''competent'' to hold their lands in fee. The figure used in the latter case was a fraction of one-half Indian blood, those with less than one-half typically being deemed competent to be freeholders. ...................................
Posted by: Okla.ndn

Re: Tribal News - 04/02/07 01:20 PM

"The American Indian community question to the Congressional Black Caucus is: "Are you ready to "demand" that the federal government "fully honor" the treaty of 1866? If so, when will all the land that constitutes the state of Oklahoma be given back to the American Indian people, plus all the tax revenue generated on that land?" Yes a lot of us are wanting to know the answer to this. But we all know the answer. The people will only be asking that a part of the treaty be honored. The part that takes from the Tribe. We don't have any freedmen in our Tribe, but if we did I wouldn't have any problems with it.
Posted by: grinch

Re: Tribal News - 04/04/07 06:42 AM

This Judge has shot down an attempt to circumvent Ohio's state constitution which prohibits gambling. If gambling in NYS is to be, then do it right, change our constitution so that is legal for anyone to open a casino.

--------------------------------------------------------------------------------

Tribe’s casino strategy falls flat

By MATTHEW RINK
Matthew.Rink@IndeOnline.com



A federal judge has dismissed a land-claim lawsuit by the Eastern Shawnee Tribe of Oklahoma that could have resulted in the construction of a casino in Lawrence Township and other sites across Ohio.

“While I am always pleased when a case settles, I desire to remain completely neutral, and to take no action that would appear to favor either the plaintiff, the settling defendants, or the State of Ohio,” U.S. District Court Judge James G. Carr wrote in his ruling, which was filed Tuesday. “Accordingly, I decline to sign the revised proposed order due to the flaws enumerated herein.”

Carr said that he was dismissing a series of proposed settlements hammered out between the tribe and land owners because, by approving them, it “could be perceived as accepting and endorsing the proposition that the settlements resolve ‘land claims’ under the (Indian Gaming Regulatory Act).

“Whether they do or do not is something that I do not either wish to address or think to consider,” Carr wrote.

The state had argued that the lawsuit was an attempt to create a false appearance of a settlement of a land claim, required under the Indian Gaming Regulatory Act to construct and operate casinos, rather than just a settlement.

All that Carr is willing to do, he wrote, is “retain jurisdiction” to enforce the parties’ settlement agreements.

“I will not approve those agreements,” he wrote, “or otherwise take any action that endorses, or appears to endorse any of the statements contained therein.”

The tribe filed the lawsuit in June 2005, claiming that it was forced from its aboriginal homeland in the 1830s. It sought to reclaim thousands of acres of reservation land and hunting, gathering and fishing territory.

The tribe’s ultimate goal was to reclaim the land through the lawsuit and then have it taken into trust through the U.S. Department of the Interior so it could build resort-style casinos.

It sought land in Lima, Monroe, Botkins, Lewiston and Lawrence Township.

“We applaud Judge Carr’s decision,” Attorney General Marc Dann said in a prepared statement. “If Indian gaming is ever to exist in the state of Ohio, it will only come by way of the Constitution and state and federal law – not by sham lawsuits.”

Eastern Shawnee Chief Glenna J. Wallace had not known about the ruling Tuesday afternoon and deferred comments to tribe attorney Mason Morisset. The Eastern Shawnee operate one casino, Bordertown Bingo & Casino, in Seneca, Mo.

Morisset did not return calls to his Seattle office seeking comment. Several attempts to reach Terry Casey, the tribe’s spokesperson and a Columbus-based lobbyist, by phone and e-mail were unsuccessful.

The tribe originally proposed building the casino on the 400-acre industrial site once home to Republic Steel on Ohio 21 in Massillon. Steve DiPietro is a co-owner of the land.

The tribe asked Massillon City Council to sign an intergovernmental agreement that would have given the city gaming revenue in return for city services, like utilities and police and fire protection.

When council signed a watered-down letter of interest instead, the tribe pitched the plan to Canal Fulton City Council. Canal Fulton officials, however, could not muster enough votes to continue talks with the tribe and eventually expressed desire to be withdrawn from consideration.

“I’m relieved it’s over with,” Canal Fulton Mayor John Grogan said. “It’s obviously a very divisive issue. It’s part of the past. Now we can move on.”

Grogan said he is unsure if Carr’s ruling will stop the tribe from pursuing the issue further.

“It makes it more difficult for the proponents of this to move forward,” he said. “Do I think it’s a done issue? That’s a question for the proponents of this.

“It certainly shows the stance we took was one the judicial side looked at,” he added. “We didn’t like it and maybe this isn’t right for Ohio.”

The tribe’s target was a 49-acre tract at Arcadia Street Northwest and Ohio 21 owned by N&N Development LLC.

The tribe was interested in the Ohio 21 corridor because of its closeness to other major highways and its proximity to millions of Northeast Ohioans. It also called the Tuscarawas River its ancestral “highway.”

The plan drew praise, but mostly protest in both cities.

The tribe said a casino would bring thousands of jobs to the area, as well as bolster the local economy. Critics, however, claimed a casino would bring crime and destroy Canal Fulton’s historic setting by adding unwanted traffic.

Paul Bagocius, one of the most outspoken opponents of the tribe’s plan, called Carr’s decision “great news.”

“That would have changed our town totally,” said Bagocius, who owns the Fulton House on Pleasant Hill, a bed and breakfast in Canal Fulton. “We would have never recognized Canal Fulton after a casino went in.”

High-end casino gaming is illegal in Ohio. In November, voters rejected a separate ballot issue that would have allowed private developers to put slot machines in cities like Cleveland.




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Posted by: Rich_Tallcot

Re: Tribal News - 04/13/07 11:48 AM

Yes, New Jersey, in addition to Rhode Island, know how to enforce the law. But our illustrious Governor, who was rated as the third worst attorney general in the country, hasn't quite figured this out yet.

"The suspects are accused of purchasing tax-free cigarettes from companies claiming to be affiliated with American Indian tribes in New York State."

No, the article doesn't even insinuate that tribes in New York did anything wrong. But thinking back a couple years, members of the Seneca tribe got busted for smuggling name brand counterfiet cigarettes in from China and several reservations were selling them. Now here we have another connection between New York tribes, illegal cigarettes and Chineese businesses.

If we keep connecting the dot$, I feel the picture will eventually develop to $how why $pitzer refu$e$ to enforce the law.

http://www.newsday.com/news/local/wire/n...egion-apnewyork

5 accused of peddling untaxed cigarettes


April 12, 2007, 10:35 PM EDT

NEWARK, N.J. -- Authorities on Thursday said they cracked a ring that sold millions of untaxed cigarettes at Chinese restaurants and other locations throughout New Jersey.

Federal charges were brought against five people, while state and local law officers searched Chinese restaurants in Newark, Paterson, Jersey City and other towns suspected of receiving and reselling the cigarettes.

The cigarettes brought significant profits to the ring and others because they were sold without anyone paying the required taxes to New Jersey, according to charges brought by the U.S. Postal Inspection Service, one of several federal agencies involved.

The complaint lodged in U.S. District court charged that the group purchased, tax-free, at least 150,000 cartons, or 30 million cigarettes, for $4.5 million, and defrauded the state of at least $3 million in cigarette sales taxes.

"This ring operated in a lucrative underground market for contraband cigarettes," U.S. Attorney Christopher J. Christie said in a statement. "Our investigation is continuing."

The suspects are accused of purchasing tax-free cigarettes from companies claiming to be affiliated with American Indian tribes in New York State.

Such companies can purchase cigarettes tax free from distributors, as long as the cigarettes are sold on a reservation to tribe members for personal consumption. Cigarette packs sold in New Jersey must have official state stamps showing that they were taxed, Christie's office said.

State records revealed no such taxes were paid by the suspects, the office said.

Charged were Xiao Z. Qi, who used two birth dates, one in 1972, the other in 1975, and Zhi H. Lin, 31, who lived together in West New York; Rong Chen, 30, and Song D. Xu, 33, both of Newark and owners of a Chinese restaurant in Newark; and Yu Wang, 37, of Passaic, owner of a Chinese restaurant in Newark.

Prosecutors did not immediately have the names of any lawyers for the suspects.

U.S. Attorney's Office: http://www.usdoj.gov/usao/nj/press/index.html


Copyright 2007 Newsday Inc.
Posted by: justaxme

Re: Tribal News - 04/19/07 06:00 AM

I hope Elliot is a bulldozer. We may need him to remove the burning tires again from the thruway. Looks like the tribes want an excuse to terrorize New Yorkers again.

BUFFALO, N.Y. (AP) -- The Seneca Indian Nation says the state is trespassing on Seneca land after tribal leaders voted to rescind a 1954 resolution that allowed part of the state Thruway to cross the Cattaraugus Indian Reservation.

The Governor's office issued a statement in regards to the issue:
"The Senecas sued over this matter in 1999 and lost."

According to the UB Law Library, the Senecas, in 1999, sued for land rights to Cuba Lake, Grand Island and contested the State and New York Thruway Authority's 1954 right-ofway
over the Cattaraugus Reservation. The Seneca's tried to appeal, but were denied.

In a sign of heightening tension between the state's new governor and the western New York tribe, the Senecas say leaders are reviewing agreements with New York. They say the move comes in light of discussions in state government about possibly taxing Indian reservations sales statewide.

Seneca President Maurice John Senior says he outlined Tribal Council's unanimous vote in a letter to Governor Spitzer on Wednesday.

The Senecas and Spitzer are at odds over the state's plans to collect sales tax on cigarettes sold by reservation retailers to non-Indian customers. The Senecas say federal treaties dating to the 1700s shield the nation from state taxation.
Posted by: Rich_Tallcot

Re: Tribal News - 04/19/07 12:40 PM

I know for sure that Rhode Island knows how to deal with tribes. Break the law - shut 'em down, arrest those breaking the law, and deal with it.

http://www.projo.com/news/content/NTRIBE_DECISION_04-19-07_D75A71Q.33a563e.html


Judge tosses tribe’s lawsuit

01:00 AM EDT on Thursday, April 19, 2007

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — A federal judge yesterday tossed out a civil suit brought by seven Narragansett Indians arrested in the 2003 state police raid on a tribal smoke shop, saying previous court rulings had clearly established that the officers were backed by the law.

The suit was filed July 13 on behalf of the tribal members arrested when the police raided the roadside shop to stop the tribe from selling cigarettes without charging state taxes. The raid disintegrated into a widely televised clash.

Recorded the day before the statute of limitations ran out, the suit accused Governor Carcieri, Attorney General Patrick C. Lynch, state police Col. Steven Pare and 14 troopers of violating the tribal members’ civil rights.

In a strongly worded order dismissing the case, U.S. District Judge William E. Smith faulted the suit for failing to raise specific allegations. He said the claims were based on the assertion that the raid was unlawful, when previous court cases had settled that the officers acted with “lawful authority and jurisdiction.”

The tribe filed a separate suit shortly after the July 14, 2003, raid, alleging the state had violated its sovereign rights. Smith ruled that December that the tribe was bound by Rhode Island tax laws. In upholding that decision, the 1st U.S. Circuit Court of Court of Appeals concluded that the state could enforce its laws on tribal land. The U.S. Supreme Court refused to take the issue up in November, letting that decision stand.

In ruling yesterday, Smith said the latest complaint was “devoid of actionable facts or legal authority” and intended to serve as a placeholder “just in case they can think up some new theory to support a claim against these defendants for the 2003 smoke-shop raid.”

“To do what plaintiffs ask would unfairly leave a cloud hanging over the defendants’ heads regarding the 2003 raid. This court will not facilitate this misuse of the civil justice system,” he said.

The state had argued a week earlier for the dismissal of the case. The tribe’s lawyer, John F. Killoy, responded that while some issues might have been decided previously, that shouldn’t bar individual tribal members from pursuing claims against the troopers. He said more specifics would emerge during the discovery process as the tribe gained greater access to video footage of the raid.

Smith’s ruling pleased Governor Carcieri’s office.

“Today’s decision simply recognizes the ruling that was already made by the 1st Circuit Court of Appeals and upheld by the U.S. Supreme Court. Rhode Island state law applies on Settlement Lands and the state has a right to enforce that law. In the wake of that ruling, the result of this case was inevitable,” said Jeff Neal, spokesman for the governor.

“Attorney General Lynch applauds Judge Smith’s decision. The judge is basically calling the plaintiffs’ claim exactly what it was — a ruse and a misuse of the civil justice system. The judge is saying that there is one set of rules, the rules apply to everyone equally, and the plaintiffs can’t thumb their noses at the rules,” said Michael Healey, spokesman for the attorney general.

Killoy said he would look at appealing the ruling, particularly because Smith had not allowed him to amend the complaint to name specific allegations.

Also left unanswered, he said, is the possibility that the tribal members will be acquitted of criminal charges, leaving room for a suit. The seven tribal members, including Chief Sachem Matthew Thomas, face assault, disorderly conduct and obstruction charges related to the raid.

kmulvane@projo.com
Posted by: Rich_Tallcot

Re: Tribal News - 04/19/07 12:49 PM

Let the games begin ................. Sounds like a pending action in the works to have the tribe derecognized. But if the third worst attorney general in the country, who is now NY's Governor, can't collect tax on a pack of cigarettes, wants to relinquish state sovereignty to the feds in exchange for a casino, and has only proven he hasn't been able to accomplish anything thus far, - hell, he'll probably give them the Thruway even though the Seneca tribe already lost that lawsuit in 1999. I mean, after all, they also lost the cigarette sales tax lawsuit fifteen years ago.

Timed against state plans to collect taxes, the move ratchets up tensions in standoff

Senecas target Thruway and other routes through their territories
By Lou Michel and Tom Precious
Updated: 04/19/07 12:21 PM


CATTARAUGUS INDIAN RESERVATION … A day after declaring that the Thruway was trespassing through Indian land, Seneca President Maurice John Sr. upped the ante today, saying the Seneca Nation also is taking a hard look at other roads and utility lines that cut through its territories.

"It's only the beginning," John told The Buffalo News following a press conference on the reservation this morning.

John insisted that the trespassing allegation is a "land issue" and in no way tied to the escalating tobacco wars that have been brewing between the Nation and Albany.

But he also sought to strike a softer tone today, saying that he believes Gov. Eliot L. Spitzer is a "good" and "honorable" man and that the governor's office had agreed to meet with the Senecas on neutral territory.

John said his nation wants some sort of annual payment for allowing the Thruway to pass through the Cattaraugus reservation.

On Wednesday, leaders would not say if the tribe will seek to shut down the road where it cuts through the reservation. John was adamant that he does not support any violent protest and urged the Seneca people to trust in the tribal council's wisdom.

The tribal council had voted over the weekend to rescind a 1954 easement that turned over four miles totaling about 300 acres to the Thruway.

The action comes as the Spitzer administration is determining how it intends to collect taxes on the sale of tobacco and gasoline products sold by more than 100 Seneca retailers. It also comes several years after the Senecas lost a major federal court case in which they sought to have the 1954 arrangement declared void.

The surprising twist to a long-simmering dispute was revealed in a letter Wednesday from John to Spitzer. The Seneca leader said the tribal council had withdrawn the 1954 approval for the right-of-way easement near Brant and was calling for negotiations with the state to resolve the dispute.

"Until such time as the matter is resolved, the nation considers the continued use of the Thruway without nation permission as an ongoing act of trespass," John said in his letter to Spitzer.

The Seneca president and other tribal officials declined to comment further. Thruway officials could not be reached to comment Wednesday evening. A few hours after the Senecas released their statement, a State Police spokesman said he had heard of no trouble along the stretch of Thruway that goes through the Seneca Reservation.

Wednesday evening, the Spitzer administration said Seneca officials had given the state no indication they would seek to shut down the four-mile portion of the Thruway. Other than that, the administration was doing nothing to ratchet up tensions.

"The Senecas sued over the matter in 1999 and lost the case," said Darren Dopp, a Spitzer spokesman. He declined to comment further.

Ironically, it was Spitzer, the attorney general at the time, who defended the state in a suit brought nearly 10 years ago by the Senecas seeking to get the 1954 agreement declared invalid because the federal government never approved the deal … which the Senecas insisted was required under a treaty with President George Washington dating back from the 1790s.

In 1954, the state paid individual Senecas and the nation about $175,000 for the 300 acres of land that the Thruway crosses.

The Senecas on Wednesday pointed to a 1999 decision by U.S. Magistrate Judge Carol Heckman, who agreed with the Seneca Nation that the secretary of the interior had not complied in 1954 with the right-of-way agreement. But the Senecas lost the broader legal case involving the right of way; in 2004, a three-judge federal appeals court unanimously affirmed a lower appeals court decision rejecting

not only the Senecas' Thruway complaint but its land claims to Grand Island and more than 40 other islands in the Niagara River.

The Seneca Council on Saturday voted unanimously to rescind the Sept. 18, 1954, resolution granting the state access through its lands for the Thruway's construction. The ruling council said a process should begin for "developing options for obtaining payment from the state and ongoing illegal possession and use of nation lands upon which the Thruway is constructed."

While the Seneca Nation on Wednesday did not directly state that its Thruway claim is directly tied to the tobacco tax dispute, the timing of its actions comes as top Spitzer aides are devising ways to begin collecting the taxes.

Spitzer made it a campaign pledge to end more than a decade of disputes and begin collecting the excise and sales taxes on cigarette and gasoline products sold by Indian retailers to non-Indians. His new state budget counts on $200 million coming in this year from the new collections.

The governor has not yet said precisely how the state will collect the taxes, but Spitzer administration officials have floated the notion of being open to some kind of revenue-sharing deals with the tribes, in which the Indians would keep a portion of the taxes collected.

Seneca retailers, the kings of the nation's Indian tax-free tobacco trade, would have little incentive to impose the state taxes, even in a revenue-sharing deal, because such an arrangement would end the current price advantage its tobacco dealers maintain over non-Indian retailers who must charge taxes.

There also has been speculation that some Senecas may be interested in a resolution of the tax issue with the state in return for a deal giving them access to a new casino in the tourist area of the Catskills.

The Thruway has been a focal point of disputes between the state and Senecas for years.

In 1997, the last time the state tried to collect the taxes, violent confrontations occurred between Seneca protesters and state troopers in a series of clashes that at one point shut a 30-mile stretch of the Thruway for 24 hours. In 1992, during another tax dispute, burning tires also closed part of the Thruway.

tprecious@buffnews.com
Find this article at:
http://www.buffalonews.com/258/story/57227.html
Posted by: grinch

Re: Tribal News - 04/19/07 04:28 PM

The treaty of Canandaigua so often cited by the Iroquois guarantees unobstructed passage over the lands of the various tribes. It sppears to me they are breaking that treaty. If so then all bets are off and we should do away with all reservations and NYS law should rule surpreme on all its sovereign territory including the Cattaragus reservations.
Posted by: Rich_Tallcot

Re: Tribal News - 04/20/07 09:23 AM

Ah yes , life on the rez ...

http://www.newsday.com/news/local/longisland/ny-liraid0420,0,2539026,print.story

Pre-dawn raid on Shinnecock Reservation nets drugs and illegal weapons
Authorities also made dozens of arrests as part of the operation.

BY JOHN VALENTI AND MITCHELL FREEDMAN
john.valenti@newsday.com
mitchell.freedman@newsday.com

April 19, 2007, 11:15 AM EDT

A pre-dawn raid by New York State Police on the Shinnecock Indian Reservation in Southampton on Thursday has led to numerous arrests for narcotics and illegal weapons possession and sales, law enforcement officials said.

The operation, conducted in conjunction with the Suffolk County District Attorney's Office, was still on-going at 10:30 a.m., with state police, Suffolk District Attorney's Office detectives, tactical units and Suffolk County Police helicopters involved at locations on the reservation, as well as in eastern Brookhaven and on the East End, law enforcement sources told Newsday.

Sources said more than 30 arrests had been made, but state police would not confirm the number of arrests made or the amount of drugs and weapons seized.

A spokesman for the Suffolk District Attorney's Office, Robert Clifford, said he could not provide details of the operation Thursday morning because it was on-going.

Clifford did confirm arrests and drug and weapons seizures, saying: "A joint Suffolk District Attorney's Office and New York State Police narcotics and illegal weapons enforcement action is focused on the Shinnecock Indian Reservation."

The raid began shortly before 5 a.m.

A spokeswoman for the Shinnecock Indian Nation said the Native American tribe confirmed a police raid had occurred on the reservation but said the tribe would have no comment until it could prepare a statement.

Residents of the reservation reacted with anger at news of the raid and subsequent arrests. Two store owners on the reservation informed members of the media seeking information about the raid that they were trespassing on private property and asked reporters and a camera crew to leave.

Copyright 2007 Newsday Inc.
Posted by: justaxme

Re: Tribal News - 04/21/07 08:59 AM

A federal judge delivered another legal blow late Friday to the Seneca Nation of Indians’ plans for a gambling casino in downtown Buffalo.

http://www.buffalonews.com/258/story/58881.html

If casinos are the savior of the New York economy, then why don't our professional lifetime politicians make it LEGAL for any approved tax paying NY company open a casino. Indians too, if they want. Instead of this constant legal battle!!! You know it's BS!!! Now they are saying the NYS Thruway "treaty" is flawed. They must be hiring a lot of crummy lawyers, 'cause all their agreements seem to turn up flawed!!!!
Posted by: Rich_Tallcot

Re: Tribal News - 04/23/07 07:19 PM

http://www.southamptonpress.com/detail.asp?id=2

The Southampton Press Online Edition
Monday, April 23, 2007

Breaking News: Drug Busts on Reservation
Caroline Simson

State police raid reservation; eight face drug charges.

Police arrested 14 people--eight from the Shinnecock Indian Reservation, including the son of a Tribal Trustee--on Thursday morning, the culmination of a seven-month-long investigation that aimed to dismantle what police say was a major narcotics distribution network on the East End of Long Island.

Suffolk County District Attorney Thomas Spota called it the "largest coordinated investigation in Suffolk County history," saying it helped to curtail what he referred to as "blatant drug dealing" on the East End. The State Police also noted that the Tribal Trustees themselves had requested the investigation last fall in a letter to Mr. Spota.

"It was one of the most extensive wiretapping operations we’ve ever had," Mr. Spota said. "We tapped a phenomenal number of phones."

On Thursday evening, the Tribal Trustees issued a statement acknowledging that they asked law enforcement "to take action against possible criminal activities on our lands, which threaten our way of life." They pledged to continue working with state and federal officials, and added, "Today, our people walk with tears in their eyes knowing that some members of our Family will suffer, but hopeful that the scourge we have been living with is about to come to an end and our community restored to its natural beauty and balance."

Beginning at around 5 a.m. on Thursday, State Police raided several homes on the Shinnecock Indian Reservation and a store owned by Tribal Trustee Lance Gumbs, the Shinnecock Indian Outpost. Investigators seized four vehicles, eight handguns and eight shotguns--many of them loaded--$1,970 in cash, a stolen flat screen television, as well as marijuana, crack cocaine, heroin and drug paraphernalia.

In connection with the investigation, Mr. Spota said that one member of law enforcement also had been arrested and another was being questioned. He would not identify the officers or their branches of law enforcement; he did note that investigators "had reason to believe they were involved in the use of the drugs."

According to the New York State Police, Awan Gumbs, 26, of Hampton Bays was considered to be the primary supplier of cocaine to the reservation and surrounding areas, and would sometimes sell narcotics out of his father’s store.

"While Awan Gumbs was employed in the smoke shop, he would sell drugs to ‘special’ customers," said Mr. Spota at a press conference held on Thursday afternoon in the Riverside barracks of the State Police. "He was not selling them to normal people who walked into the store."

Also arrested were Joseph Johnson, 24, for second-degree conspiracy, second-degree criminal possession of marijuana, and third-degree criminal possession of a weapon; Michael Morton, 43, for third-degree criminal sale of a controlled substance, third-degree criminal possession of a weapon, and second-degree conspiracy; Damon Wade, 36, third-degree criminal sale of a controlled substance and second-degree conspiracy; Nakai Bess, 21, for criminal sale of a controlled substance; and third- and second-degree conspiracy; William I. Bess III, 23, criminal sale of a controlled substance, and third- and second-degree conspiracy; Damon Moore, 38, third-degree criminal possession of a weapon; Matthew Smith, no age given, for third-degree criminal sale of a controlled substance; and Linee Quinn, 31, for second-degree conspiracy. All live on the Reservation. Also arrested were Kristine Goree of Hampton Bays, second-degree conspiracy, and Kyle Bartlett of Riverhead, unlawful possession of marijuana.

The raid contributed to a massive backup of traffic headed east on both Montauk Highway and Sunrise Highway on Thursday morning.
Posted by: Rich_Tallcot

Re: Tribal News - 04/23/07 07:20 PM

http://www.oneidadispatch.com/site/news.cfm?newsid=18246660&BRD=1709&PAG=461&dept_id=68844&rfi=6

04/22/2007
Two sides in court over land claim
By LEEANNE ROOT, Dispatch Staff Writer

ALBANY - The land claim case that has been going on since 1974 came to a head Friday when attorneys representing the New York state and Madison and Oneida counties presented a motion for the dismissal of the case.

The state and counties argued that when the Second Circuit United States Court of Appeals completely dismissed the Cayuga land claims, it set a precedent for what they say is an identical case.

United States District Court Judge Lawrence Kahn heard arguments from both sides and had the opportunity to ask questions.

The land claim under consideration concerns 300,000 acres of land located in the northerly half of Madison County and the westerly third of Oneida County.

Various tribes are involved in the case including the Oneida Indian Nation of New York, the Oneida Tribe of Indians of Wisconsin, the Oneida of the Thames and the New York Brothertown Indian Nation.

The main argument Friday centered around whether the Cayuga case and this case are comparable so the Cayuga can serve as a precedent.

"The lower court must follow what the Second Circuit said in an identical case," said Assistant Oneida County Attorney Harris Samuels.

But Oneida Indian Nation of New York counsel Michael Smith said the Cayuga case was "wrongfully decided," and the four tribes have a right to a hearing regarding their claims.

David Roberts, who represents the state, said the Cayuga case "changed the legal landscape under which Indian land claims should be considered."

He said that the Second Circuit Court made it "unmistakably clear" the tribe's claim for possession was "disruptive."

"Second Circuit said it's not the remedy that causes disruption; it's the underlying claim," Roberts said.

The underlying claims include possessory rights, trespass claims and ejectment.

Smith noted that the tribes "should get whatever relief they are entitled to" after being "cheated" out of their land.

"Plaintiff tribes have possessory rights to the subject lands conferred by federal law, and there has been no termination of those possessory rights," from papers presented by the tribes. "The subject lands have been in the unlawful possession of trespassers."

Madison County Attorney John Campanie said the tribes are seeking the entire value of the 300,000 acres as it exists today with all the buildings on it, which he said would be billions of dollars.

"From the beginning of litigation, the Oneidas have alleged that the transactions were unfair and not fairly compensated," said Arlinda Locklear, counsel to the Oneidas of Wisconsin.

The state and the county don't think that much land should be involved.

"The (U.S.) Supreme Court found in the Sherrill case that by 1838 the Oneidas had sold all but 5,000 acres-by 1920 only 32 acres were left and those are not even at issue," said David Schraver, who represents the counties.

And he said that the possessory land claim is subject to laches.

According to law.com, laches is a legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has hurt the opponent as a sort of "legal ambush."

"Laches says you have slept on your rights too long," Locklear said adding that if laches is found to be a good defense then the court can dismiss the case.

Schraver noted that this case is disruptive because it asks the court to overturn many years of land ownership. "There are 20,000 landowners in this area."

"This case is not an academic debate, it's about righting a wrong that was done to a people," said the counsel for the Oneidas of the Thames. "It's a very important decision that affects real people."

Judge Kahn closed by noting that the case is "extremely interesting and significant," but gave no indication of when he would issue his decision.
Posted by: Rich_Tallcot

Re: Tribal News - 04/23/07 07:22 PM

http://www.newsday.com/news/nationworld/nation/wire/sns-ap-shinnecock-arrests,0,5103152,print.story

Tribe Leader's Son Charged in Drug Sweep
By FRANK ELTMAN
Associated Press Writer

April 20, 2007, 10:44 PM EDT

GARDEN CITY, N.Y. -- Police acting on Shinnecock Indian Nation leaders' request for a probe into drug dealing arrested the son of a tribal trustee Thursday, and accused him of being the main source of cocaine on the reservation.

A dozen others were arrested on various drug, conspiracy and weapons charges, prosecutors and state police said.

Authorities said Awan Gumbs, 26, the son of Shinnecock Trustee Lance A. Gumbs, led the group, though two other men were accused of supplying him with large quantities of cocaine. Police said some drug sales took place inside the elder Gumbs' business, the Shinnecock Outpost in Southampton.

The investigation into narcotics sales on the reservation began in September after the Shinnecock trustees requested it, state police said in a news release.

Beverly Jensen, a spokeswoman for the Shinnecock Indian Nation, confirmed a police raid had occurred on the reservation but had no other immediate comment.

Police seized three luxury sport utility vehciles and an automobile, as well as handguns, a loaded AK-47 assault weapon, rifles and shotguns during pre-dawn raids on and off the eastern Long Island reservation.

The Shinnecocks' 800-acre reservation in Southampton is peppered with modest single-family homes -- a stark contrast to the palatial Hamptons estates just up the road.

For several years, the Shinnecocks have been trying to open a 65,000-square-foot casino in nearby Hampton Bays, but opposition from town and state officials has stymied their efforts.
Posted by: Rich_Tallcot

Re: Tribal News - 04/24/07 03:19 PM

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070424/NEWS/704240317

News
Deal between casino foes and feds to delay St. Regis Mohawk's plans for Monticello


By Victor Whitman
April 24, 2007

Times Herald-Record
Monticello — Sullivan County probably won't know if a casino is coming until 2008.

That's because the feds and a coalition of casino opponents have struck a deal in federal court that is guaranteed to delay a St. Regis Mohawk casino at the Monticello Gaming & Raceway for months.

The coalition led by the Natural Resources Defense Council has sued the Interior Department for granting environmental approval for the $600 million casino. That group is trying to force the feds to stop the project until the Mohawks complete a more comprehensive environmental review.

On April 17, the Interior Department and NRDC agreed to delay litigating the lawsuit until the Interior Department finish its review. Interior Secretary Dirk Kempthorne still must agree to take just less than 30 acres of land into trust for the casino.

But Kempthorne, who opposes off-reservation casinos, is a big unknown.

If Kempthorne approves the casino, the lawsuit will be restarted and put on an fast track in court, according to court documents.

If and when the suit resumes, it will probably take four to eight months to litigate on a schedule set by both parties, and that's if Kempthorne acts. He's under no obligation to take action and could let the application sit through the rest of his term.

"We are not hearing that the secretary is going to act immediately," said Kate Sindling, the senior attorney for the NRDC. "We are hearing exactly the opposite."

The Mohawks say they're still confident.

"The casino remains one of the most important priorities in the county and the state, and we look forward to the final administrative approval being obtained soon," said Tribal Chief Lorraine White.

Bureau of Indian Affairs Spokeswoman Nedra Darling said the application is being reviewed at the highest levels, including by Kempthorne's deputy James E. Cason, the man who will make the recommendation to Kempthorne.

"We don't have a specific time frame to finish," she said.
Posted by: grinch

Re: Tribal News - 04/26/07 11:07 AM

Here is a prime example of why tribal justice does not always work. This group wants to blame the State and the USA for what they asked to have and that is their so called soveriegnty. When it does not work, then they blame the United States. The tribes often insist they will handle internal matters such as this and do not want state or federal interference. Remember when on a reservation one is not covered by the Bill of Rights.


SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/opinion/313080_tribaled.html

Native Women: Traumatic justice
Thursday, April 26, 2007

SEATTLE POST-INTELLIGENCER EDITORIAL BOARD

A fair-minded society has an obligation to protect its members, but when it comes to American Indian and Alaskan Native women, we're failing in meeting those obligations. A new report by Amnesty International finds that women in those groups are 2.5 times more likely to be raped or sexually assaulted than women belonging to other ethnic groups. There's no hard data on the number of assaults in our area, but anecdotal evidence indicates that a significant number of women here have been affected by those crimes, and that the victims are left to deal with a lifetime's worth of post-traumatic issues.

Mary Pavel, the founding president of the Native American Bar Association of Washington, D.C., (who grew up on the Skokomish reservation), said that such cases generally aren't -- and because of lack of funds, can't be -- a priority for U.S. attorneys. Then there's the confounding issue of jurisdictions. Whether the state, the tribe or the feds will get involved in each case depends on the race of the perpetrator and the victim. Pavel added, "Our communities are so small, that these really scary guys are someone's family ... it's not a complete stranger. It's horrifying."

One way to avoid more of the same is to have state and federal officials work with tribal leaders to help come up with a system that works to protect the women. It ought to be a priority.

On the Net:

amnestyusa.org/women/maze/report.pdf


Opinion:

Mary Pavel

There already are priorities in handling such matters and are covered by hundreds if not thousands of laws as well as the Bill of Rights. As an attorney you know that. Tribal women should insist on their rights as American Citizens and do away with this family, tribal soveriegnty which does not work nor will it in todays advanced societies. The time is way past due.
Posted by: Okla.ndn

Re: Tribal News - 04/27/07 10:13 AM

What system do you know of that always works? The Bill of Rights is a part of our Tribal Constitution. I will be waiting for you to tell me what system always works.
Posted by: grinch

Re: Tribal News - 04/27/07 03:59 PM

The system of laws we have as United States Citizens is far superior to any tribal government that I have read about. What do you think Ms Pavel is complaining about? I believe she is complaining that tribal governments do not adequately protect native women from abuse. If federal and state authorities were routinely allowed to handle those matters the incidences of abuse would not be the problem they apparently now have.

The system also worked well in the now defunct law suit, a tad slow for my liking but I still have my land and we were not forced to pay extortion for land that was purchased by the state from the Tribes 200 years ago. I still live in Seneca Co, State of NY, USA and not on an Indian reservation.
Posted by: Mr.President

Re: Tribal News - 04/27/07 08:34 PM

G/D feel the love here!
Posted by: tiro

Re: Tribal News - 04/28/07 08:30 PM

indians are terrortists, that israel is facing now
Posted by: grinch

Re: Tribal News - 04/30/07 11:14 AM

Originally Posted By: Okla.ndn
What system do you know of that always works? The Bill of Rights is a part of our Tribal Constitution. I will be waiting for you to tell me what system always works.


Here is another example of what we were discussing. There are no guaranteed rights on Indian reservations as tribes can and often do change the rules. Forget the right to sue, or Civil liberties. The following article appears in the Syr Post Standard on this date, wouldn't want you to miss it. Why he was terminated does not matter, he is being denied his rights as an American Citizen to seek redress. The courts should rule as to who is right or wrong in this situation, not the Oneida.

Man says Nation workers lack rights


Rich Iacone says "you forfeit civil rights" when working for Indian nations.


Monday, April 30, 2007


By Glenn Coin Staff writer

Rich Iacone was two months shy of his 60th birthday when he was fired last year after nearly 13 years at Turning Stone Resort and Casino.

The federal agency that oversees age discrimination complaints wouldn't take Iacone's case against the Oneida Indian Nation, which owns Turning Stone, because the nation is a sovereign Indian tribe. Iacone couldn't go to court, either, because the nation is immune from lawsuits.

"I was denied my opportunity to bring this before an impartial justice system," said Iacone, who lives in East Syracuse. "When you work for an Indian nation, you forfeit any civil rights an American citizen normally would be entitled to."

Iacone's case raises the question of what kind of protections the Oneida Nation's nearly 5,000 employees have against workplace discrimination. Very little, some say.
"You don't even have your rights under state and federal laws," said Greg Gorea, a spokesman for the United Food and Commercial Workers Union, Local One, which has tried to uninize workers at Turning Stone. "I don't know how many people who work there know what rights they have and what rights they don't have."
Oneida Nation officials declined to comment in detail.
"Since the Oneida Nation government imposes its own employment rules and practices that exceed federal and state standards, the nation does not spend time debating issues concerning the application of other jurisdictions' laws," said nation spokesman Mark Emery.


Indian casino gambling has grown to a $23 billion business with an estimated 250,000 employees nationwide. As casinos have boomed, there has been increasing pressure from courts and government agencies to require tribes to follow labor laws, said Philip Deloria, director of the American Indian Law Center in New Mexico.

"Probably tribes are going to be moved gradually under these regulations," Deloria said. "It's a matter of one case at a time."


The most recent case came from the Washington, D.C., federal appeals court, which ruled in February that the National Labor Relations Board had power over union organizing efforts at an Indian casino in California. While the court recognized that tribal governments are sovereign, it said that operating a casino "is not a traditional attribute of self-government. Rather, the casino at issue here is virtually identical to scores of purely commercial casinos across the country."
Other appeals courts around the country have ruled that some federal labor laws, such as the Americans with Disabilities Act and Occupational Health and Safety Administration regulations, apply to Indian tribes.


That hasn't extended to the Equal Employment Opportunity Commission, which oversees discrimination complaints such as Iacone's. The agency in November told Iacone it had no jurisdiction over the Oneida Nation because the Civil Rights Act of 1964 specifically exempted tribes.

Iacone, who had collected on bad checks for the nation since 1993, says Turning Stone employees have no rights if they feel they've been the victims of discrimination by the nation. He said he was fired in May 2006 because of his age. All other managers in his department, he said, were younger than 40.
Emery said the nation does not discriminate on the basis of age, and declined to comment specifically on Iacone's case. In a letter to Iacone in December, the nation's top attorney, Peter Carmen, said Iacone was terminated because there wasn't enough work to justify his job anymore. Iacone also had spent too much time in the break room and made a "minimal" number of calls to collect on bad checks, Carmen wrote.


The nation offered Iacone a severance package of four weeks' salary. He refused, saying it was paltry and he would have to sign an agreement promising not to say or write anything negative about the nation for three years.


"I wanted to retain my right to free speech," he said.
In October, Iacone complained about his firing to the EEOC. The agency said in November it could do nothing, but told Iacone he could file a suit in federal court. Iacone first wrote to the nation proposing a settlement rather than a suit.


Carmen responded by saying the nation was immune from lawsuits, and if Iacone filed one, "we will seek dismissal and recovery from you of the legal fees and costs the nation incurs."
Iacone decided not to sue, and it's too late now. Under federal law, he had 90 days to file from the day he received the EEOC letter. That time expired in February.


The Oneida Nation has contested federal oversight of Turning Stone.


In 2003, federal inspectors fined Turning Stone $2,625 because restaurant employees wore the wrong gloves. Nation lawyers argued that a 1794 treaty forbids the Occupational Safety and Health Administration from enforcing laws against the tribe. OSHA lawyers said the Treaty of Canandaigua does not prohibit agency inspections at Turning Stone, which attracts millions of non-Indian visitors and employs thousands of non-Indians.
"Clearly, the nation has no right 'to be left alone' by the federal government in the conduct of a commercial business in interstate commerce," agency lawyers wrote. The nation paid the fine in 2005, but only as a "strategic decision," while other sovereignty questions were pending in other cases, Emery said at the time.
Glenn Coin can be reached at gcoin@syracuse.com or 470-3251.
Posted by: Rich_Tallcot

Re: Tribal News - 04/30/07 06:29 PM

WKTV Utica Channel 2

Oneida's Gaming Compact Future In Question (Added 3:45 pm)
The Turning Stone Resort and Casino's gaming future may be up to the Secretary of the Interior.

New York State and the Oneida Nation had until today to file a joint plan regarding the Oneida's 1993 gaming compact with the state. That didn't happen.

Now, the Secretary of the Interior could make a decision to reconsider the gaming compact anytime in the next month and a half.

Meanwhile, attorneys for the Oneida Nation have filed a position paper stating the Secretary of the Interior does not have the authority to either reconsider, approve, or disapprove the 1993 compact.

The Oneida Nation Spokesman Mark Emery tells NEWSChannel 2 the primary focus of the position paper will be "a fair agreement for the state and the Oneida Nation. Absent that, the Oneida's will work toward another way to preserve the 5,000 jobs."

Apr 30, 2007
http://www.wktv.com/news/local/7258796.html

______________________________________________

Aahhh, the media is always so kind to those that spend such big bucks advertizing with them.

King Ray pulls off the ultimate con job, actually several. He files a land claim and gets a lower district court judge who believes tribes are the equivalent of foreign countries and, therefore, contracts need explicit ratification by Congress.

Then King Ray gets a generic general, site unspecific, approval for gambling. But he builds the casino ON part of the contested land, rather than on the 32 acre reservation. He knew from the start the land issue was not resolved yet and, consequently, the casino being located there was a gamble. Then he expands to hire many locals who have the freedom of speech to praise King Ray but would be fired if they said anything he didn't agree with or hired contractors who picketed tribal businesses.

The lawsuits and land claims start to fall with the king dominos leaning his way.

Megabucks, and many politicians bought later, land claim still not resolved but fast coming down to - he knows he will lose and needs all the leverage he can get.

But rather than agree to try and make it legal by - what other tribes in the state and country have done - negotiate a legal compact with the state; he outright refuses and pushes his thousands of employees out in front of him as a shield and threatens their jobs. I swear Mark Emery used to work for Saddam.

Kind of reminds you of a typical terrorist holding a baby in front of him to prevent being shot.

Howvever, the influenced new$ media wrap$ the $tory with King Ray working to $ave their job$. The media remember$ the letter$ recived threatening not to do busine$$ with them if they failed to $upport hi$ land claim.
Posted by: Rich_Tallcot

Re: Tribal News - 04/30/07 07:18 PM

Originally Posted By: Okla.ndn
What system do you know of that always works? The Bill of Rights is a part of our Tribal Constitution. I will be waiting for you to tell me what system always works.


Under the 1934 IRA, under which your gang was given approval to form it's own club, tribal constitutions needed to be approved by the feds first and democracy was in vogue.

Somewhere on file, I have a copy of your constitution. As I recall, upon researching your alleged name change from tribe to nation, all that was needed to change your great constitution, or name, was a majority vote of the counsel. That comes down to three people.

But, that's not the half of it. Even if the S-C tribe was on the up and up with it's own members, federal policy lumps the tribes together. Typical tribal issues revolve around problems with their own government, same as my government. But, the problems with many tribes is that their judicial branch is often appointed by the executive branch, which often acts as it's legislative branch. Complaints, even by members, are met with sovereign immunity from lawsuit and if they aren't, the members are dealt with by retribution. The Crow tribe is one example.

I know Oklahoma tribes and the S-C tribe are different in Oklahoma. But not much different.

What always works? Nothing. BUT, the U.S. Constitution does allow a balance between the branches of government. So even if a financial backer using a tribe to shield itself from local and state laws buys off several politicians, the courts allow a flow of balance back to the Constitution. The U.S. Constitution requires more than a few bought off politicians to change it.

One fantastic example is the land claim you LOST. ANOTHER fantastic example is the present PEIS - no trust for you, you can't be trusted - lawsuit. You're probably not on the "in" because you're not a named defendant. As posted before, the initial brief is on UCE's home page at the bottom. The feds appeal to dismiss has been answered.

With help from my friends, another king domino is being undermined to topple all the trust applications in New York State.

Hope you saved the paperwork on the land claim and trust application. You can use the flip side for scrap paper.
Posted by: Rich_Tallcot

Re: Tribal News - 05/01/07 04:49 AM

Have Billboard - will travel LOLOLOLOLOLOLOLOLOLOLOL

http://www.joplinglobe.com/local/local_story_120163240.html

Seneca-Cayuga Tribe to present casino plan to Grove council

— During a Grove city council meeting Tuesday night, the Seneca-Cayuga Tribe will present a plan for a new casino and hotel inside Grove’s city limits.
The proposed construction would sit on 30 acres of lakefront property on U.S. Highway 59 in Grove and will include a 100,000 square foot casino, a five-story hotel with 125 rooms, a convention center that would accommodate 1,600 people for concerts and 800 for seated dinners and three restaurants.
The Seneca-Cayuga tribe already owns and operates the Grand Lake Casino north of Grove. The existing casino employees 330 people in the community.
The new gaming complex would be called Grand Lake Casino and Resort and will employ approximately 450 people. The tribe wants to begin construction on the new resort this summer and is set to open summer 2008.
The Grove City Council meeting will begin at 6 p.m. at the Community Center, room 5, 104 W. Third Street. The public is invited to attend.

See Tuesday's Globe for more on the story.


Copyright © 1999-2006 cnhi, inc
Posted by: Okla.ndn

Re: Tribal News - 05/02/07 11:59 AM

If you have a copy of our Constitution then why do you lie about what's in it. The governorning body of the Tribe is the General Council, all members 18 years old or older. That alone proves that you have nothing to say, so you tell lies. At least you got one thing right, "What always works? Nothing." LOL
Posted by: Okla.ndn

Re: Tribal News - 05/02/07 12:05 PM

Originally Posted By: Rich_Tallcot
WKTV Utica Channel 2

Oneida's Gaming Compact Future In Question (Added 3:45 pm)
The Turning Stone Resort and Casino's gaming future may be up to the Secretary of the Interior.

New York State and the Oneida Nation had until today to file a joint plan regarding the Oneida's 1993 gaming compact with the state. That didn't happen.

Now, the Secretary of the Interior could make a decision to reconsider the gaming compact anytime in the next month and a half.

Meanwhile, attorneys for the Oneida Nation have filed a position paper stating the Secretary of the Interior does not have the authority to either reconsider, approve, or disapprove the 1993 compact.

The Oneida Nation Spokesman Mark Emery tells NEWSChannel 2 the primary focus of the position paper will be "a fair agreement for the state and the Oneida Nation. Absent that, the Oneida's will work toward another way to preserve the 5,000 jobs."

Apr 30, 2007
http://www.wktv.com/news/local/7258796.html

______________________________________________

Aahhh, the media is always so kind to those that spend such big bucks advertizing with them.

King Ray pulls off the ultimate con job, actually several. He files a land claim and gets a lower district court judge who believes tribes are the equivalent of foreign countries and, therefore, contracts need explicit ratification by Congress.

Then King Ray gets a generic general, site unspecific, approval for gambling. But he builds the casino ON part of the contested land, rather than on the 32 acre reservation. He knew from the start the land issue was not resolved yet and, consequently, the casino being located there was a gamble. Then he expands to hire many locals who have the freedom of speech to praise King Ray but would be fired if they said anything he didn't agree with or hired contractors who picketed tribal businesses.

The lawsuits and land claims start to fall with the king dominos leaning his way.

Megabucks, and many politicians bought later, land claim still not resolved but fast coming down to - he knows he will lose and needs all the leverage he can get.

But rather than agree to try and make it legal by - what other tribes in the state and country have done - negotiate a legal compact with the state; he outright refuses and pushes his thousands of employees out in front of him as a shield and threatens their jobs. I swear Mark Emery used to work for Saddam.

Kind of reminds you of a typical terrorist holding a baby in front of him to prevent being shot.

Howvever, the influenced new$ media wrap$ the $tory with King Ray working to $ave their job$. The media remember$ the letter$ recived threatening not to do busine$$ with them if they failed to $upport hi$ land claim.
May 2, 2007
NIGC has no plans to shut down Oneida Nation casino
printer friendly
The National Indian Gaming Commission has no plans to seek the closure of the Oneida Nation's casino in upstate New York, a spokesperson said.

The tribe is operating without a valid compact, according to the Interior Department. But NIGC Is hopeful that the issue can be resolved, the spokesperson said.

The tribe and the state signed a compact back in 1993 that was approved by the Bureau of Indian Affairs. But the agreement has since been invalidated in the state courts.

Interior gave the tribe and the state until April 30 to decide how to negotiate a compact. Although the two sides have different positions on the issue, they both say Interior has no authority to act.

Get the Story: http://www.indianz.com/IndianGaming/2007/002694.asp
Posted by: Rich_Tallcot

Re: Tribal News - 05/02/07 08:02 PM

Yes, Okla, I caught that too.

Why would the reporter even ask the NIGC about the Turning Stone? The NIGC has no authority over class three gambling. The U.S. Supreme Court made that clear a couple years ago. The reporter probably didn't know. The NIGC is undoubtedly watching the case because they have a lot of time on their hands and, I'm sure, gloated at being asked to comment about it.

It is a federal law that a legal compact be made with the state. In that respect, the DOI has the authority to enforce such federal law. However, this isn't on a federal reservation. In fact it isn't even on a reservation. The original compact was approved by the BIA as "site unspecific" presuming it would be placed on sovereign Indian land. Even if the compact were legal, the gambling located where it is would not be.

Federal District Court Judge Hurd made matters worse by ruling that tribes could instantly make land sovereign merely by purchasing it. His ruling was eventually overturned, but not before the Oneida tribe bought 17,000 acres. It's too bad that both the state and tribe couldn't sue Judge Hurd. Maybe some day he'll be barred from the bench and run for Congress. He wouldn't be the first judge barred that was elected to Congress.

The compact was ruled illegal and, thus the gambling is illegal. But it's up to the state to deal with it. Failing to do so puts state officials in violation of federal criminal codes. That's basically the only alternative when the head of the NYS Police (the third worst attorney general in the country and present Governor) is the one in violation of the law by refusing to enforce the law?
Posted by: Rich_Tallcot

Re: Tribal News - 05/02/07 08:39 PM

http://www.azstarnet.com/sn/hourlyupdate/180790

Published: 04.30.2007

OSHA needs warrant to talk with casino workers, judge rules
By Becky Pallack
ARIZONA DAILY STAR
A federal judge has ruled that the U.S. Occupational Safety and Health Administration will have to get another warrant if it wants an inspector to interview workers at Casino del Sol.

The 7-month-old controversy started when OSHA tried to enter Casino del Sol as part of a nationwide program to regularly inspect warehouses and maintenance yards to reduce injury rates at those facilities. An inspector was refused entry in October but was able to check out the casino property in January when he came back with a warrant. ...........
Posted by: Okla.ndn

Re: Tribal News - 05/03/07 10:46 AM

See I told you he would make a good governor. LOL
Posted by: Rich_Tallcot

Re: Tribal News - 05/03/07 04:09 PM

Originally Posted By: Okla.ndn
See I told you he would make a good governor. LOL


Thanks for the laugh Okla. You got me on that one. But nobody running was on my side.
Posted by: Rich_Tallcot

Re: Tribal News - 05/04/07 10:33 AM

http://washingtontimes.com/business/20070503-101646-1172r.htm

The Washington Times
http://www.washingtontimes.com

--------------------------------------------------------------------------------

Plan eyed to stop money conduits
By Steve Hirsch
THE WASHINGTON TIMES
Published May 4, 2007

-----------------------------------------------
The Bush administration yesterday outlined a series of steps ranging from increased cooperation with other countries to monitoring American Indian casinos as part of its effort to dismantle money-laundering and terrorist-financing networks.
Posted by: Rich_Tallcot

Re: Tribal News - 05/04/07 10:53 AM

http://news.bostonherald.com/localRegional/view.bg?articleid=198411&format=text

Indian tribe wants state land on Cape
By Associated Press
Thursday, May 3, 2007 - Updated: 06:11 PM EST

BOSTON - The Mashpee Wampanoag Indians want the state to give them ownership of the Massachusetts Military Reservation on Cape Cod, saying it's their ancestral land, which they want to turn into a revenue-generating "free-trade zone."

The Mashpee Wampanoags, who separately are buying land in Middleborough as a possible site for a casino, currently own about 150 acres adjacent to the 22,000-acre military base, home to Coast Guard and Army National Guard facilities, as well as Otis Air National Guard Base.

"I want that 100 percent," tribal council chairman Glenn Marshall told The Associated Press in an interview Thursday. "Our lands were taken illegally by the commonwealth and the federal government. Parts of that base were taken from us."

The Mashpee Wampanoags received federal recognition as a tribe on Feb. 15. The federal status becomes official May 23.

George Skibine, acting deputy assistant secretary of the Bureau of Indian Affairs, said the state would have to agree to put the land into trust. From there, the federal government would review the proposed use and decide whether to turn it over to the tribe.

But the tribe would have no recourse if Massachusetts rejects their demand, he said.

"The state has to be willful to agree to transfer that land," he said. "The state can always say 'We're not interested.'"

_____________________________

I think Ted Kennedy should just give them his place. This is good. Three weeks away from even being recognized as a tribe and they're claiming everything was stolen and they want it back. Pretty good for a make beieve tribe made up of descendents of a mish mash of tribes. There never was such a thing as the Wampanoags. But, we stole it from them. LOL
Posted by: grinch

Re: Tribal News - 05/07/07 05:58 AM







State makes its play in casino tax dispute



First published: Sunday, May 6, 2007

Reality has finally caught up with the fantasy that is Turning Stone Casino.
Pushed up against a federal deadline, the Spitzer administration finally came down hard in support of those who steadfastly have denounced the casino as an illegal operation with not a leg to stand on. This finally ends the state's long waffling over the status of Turning Stone, going back to the Pataki administration.

The state and Oneida Indian Nation had until April 30 to ask federal Interior Secretary Dirk Kempthorne for an extension to work out a new gambling or gaming compact to be finished by Oct. 1.

But in a long legal position paper that Spitzer's special counsel Richard Rifkin sent to Kempthorne on April 30, the state says no way to negotiations. Instead, it takes a hard line that everything about Turning Stone is illegal at this point. Finally.

Over the last couple of years, the highest federal and state courts have clearly determined that the land Turning Stone sits on is not sovereign Oneida land. Only sovereign Indian land is eligible for a gaming compact. In addition, the courts have said that the compact Gov. Mario Cuomo entered into with the Oneidas was void from the git go because the Legislature never approved it.

Yet the state has dithered on taking any sort of action against the casino because it employs 5,000 people. A private group, Upstate Citizens for Equality, has been screaming the emperor wears no clothes. It sued the Oneidas, citing Turning Stone as an illegal operation as early as 1999. Finally, we're seeing progress here in calling a spade a spade.

Keep in mind, this is all about money, at least from the state's perspective, and who should pocket it. Forget the moral arguments as to whether we should have a casino at all. Sadly, that argument seems as dusty and old-fashioned as a top hat.

According to the terms of the 1993 compact, the Oneidas keep all the gambling revenues. What Spitzer is after here is to create enormous pressures on Ray Halbritter's Oneidas and force them to the negotiating table to craft a new, state-friendly gaming compact. The Oneidas say the state is looking for a 33 percent cut, and they are ripped about it.

For a percentage, that sounds about right to me. Out in western New York, the Senecas have agreed to 25 percent as the state share of casino revenues.

By June 14, Kempthorne is supposed to rule from the federal perspective on the validity of the 1993 compact. The fact the gaming compact is being revisited at all is a first nationally, and bodes ill for the Oneidas. But interestingly, both the Oneidas and the state argue in separate letters that Kempthorne has no jurisdiction here. The Indians claim that once the compact was signed 14 years ago, it was irrevocable. The state argues that since the compact was never legal to begin with, it can't be approved or terminated now.

So what is the practical effect of all this thunder and lightening?

Well, for one, no one is remotely inclined to shut the place down. Your chances of laying down a bet will be as good five years from now as they are today.

While the Oneidas refuse to divulge how much their tables bring in, analysts have pegged the annual take at about $150 million.

In addition to keeping all the revenues, the Oneidas have petitioned the feds to include 17,000 recently acquired acres, including Turning Stone, as part of tax-free "in trust" sovereign Indian country.

The gathering state and federal legal climate, though, seems to be giving Halbritter less and less leverage at the table. Although massive litigation is threatened by the Oneidas in the letter to Kempthorne if the decision goes against them. And that's always possible.

Suits and countersuits could tie up distribution of revenues for a long time, but no one seems particularly inclined to turn off the spigot in the meantime. Some trustee will run the operation until the legalities are straightened out.

Here's a reasonable assumption of what Eliot Spitzer would like to get out of the deal. First, have Kempthorne pull the plug on the operation, which makes the feds the bad guys, not the governor.

Then at the table, the state will negotiate a windfall $50 million a year in gambling revenues. And finally, the only piece of property Halbritter will get in trust as tax-free sovereign land is the patch the casino sits on.

The Oneidas walk away chastened, but still enormously wealthy, while the state muscles into the action on the state taxpayer's behalf.

Seems fair to me.

Fred LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.
Posted by: grinch

Re: Tribal News - 05/07/07 06:07 AM




Court opens Alaska Native corporation to suit
Friday, May 4, 2007
Filed Under: Business | Law | Politics

An Alaska Native corporation can be sued for allegedly discriminating against its employees, a federal appeals court ruled on Tuesday.

In a unanimous decision, the 4th Circuit Court of Appeals agreed that Congress exempted tribes and Alaska Native corporations from discrimination lawsuits under Title VII of the landmark Civil Rights Act of 1964.

But a three-judge panel said the same protections did not extend to a different federal law that bars discrimination on the basis of race or national origin. The court said Chugach Alaska, an Alaska Native regional corporation, doesn't fall in the same category as tribal governments.

"While the sovereign immunity of Indian tribes 'is a necessary corollary to Indian sovereignty and self-governance,'" Judge J. Harvie Wilkinson wrote in the 19-page opinion. "Alaska Native Corporations and their subsidiaries are not comparable sovereign entities."

The ruling opens Chugach to allegations that one of its subsidiaries discriminated against two Hispanic men who said they were subjected to racial slurs at a construction site in Maryland. Chugach Support Services performs general contracting services for the Department of Health and Human Services at the National Institutes of Health.

A third employee, who is not Hispanic, said he was fired when he reported the alleged hostile treatment of the Hispanic men.

While working on the government contract, Jose Aleman and Cesar Basilis "allege that when they were employed by CSS, they were paid less than non-Hispanic employees and were subjected to a hostile work environment and discriminatory terms and conditions of employment, including anti-Hispanic statements by managers and employees, segregated eating areas, and disparate disciplinary treatment," the court opinion stated.

There is no guarantee the two men, or the third employee, will prevail against Chugach, one of the largest Alaska Native corporation contractors. The case was remanded to a federal judge for further proceedings, which could include out-of-court arbitration.

But the lawsuit highlights growing concern, politically and legally, about Alaska Native corporation contracting. Democrats have objected because labor unions contend the contracts are unfair and abusive while Republicans have raised racial preference and constitutional doubts.

So far, the courts have sided with the corporations. In 2003, the D.C. Circuit Court of Appeals ruled that Congress can carve out special preferences for American Indian and Alaska Native-owned businesses without violating the U.S. Constitution. The U.S. Supreme Court refused to hear the case.

The 4th Circuit took a different approach after being presented with an alternative to Title VII of the Civil Rights Act, which specifically exempts tribes and Alaska Native corporations. The court instead looked at Section 1981 in Title 42, Chapter 21 of the U.S. Code, which lacks similar language.

But that doesn't mean Section 1981 applies to tribal governments. In a recent case involving the Eastern Band of Cherokee Indians, the 4th Circuit unanimously ruled that sovereign immunity protected the tribe and its management company from a discrimination lawsuit at the Harrah's Cherokee Casino in North Carolina.

The court, however, said the Chugach dispute was not the same. "[W]e find no basis to conclude that the ownership of the defendant corporations by Alaska Natives and their devisees, or any other attribute, entitles the defendants to immunity from suits arising from their for-profit construction activities in Maryland," the court wrote.

The stakes in Alaska Native government contracting are high. Chugach, in particular, has won billions of dollars in government work through special laws and regulations meant to favor minority-owned businesses.

Just this Tuesday, the House Oversight and Government Reform Committee passed a bill to revise government contractor policies but only after adopting an amendment to ensure tribal and Alaska Native corporation business weren't harmed.
Posted by: Rich_Tallcot

Re: Tribal News - 05/15/07 03:23 PM

It's ALL about the money.

http://newsok.com/article/3054079

Tue May 15, 2007
Are Cherokee leaders bowing to pressure?
By Chad Previch
The Oklahoman

TAHLEQUAH - Descendants of the Cherokee Nation freedmen are back as American Indians - for now.

The Cherokee Nation tribal court Monday granted a temporary injunction for descendants of the tribe's slaves giving them back their tribal membership. In March, Cherokee voters overwhelmingly approved an amendment to remove from tribal rolls all descendants of slaves who did not have a qualified Indian ancestor.

Funding threatened

Lawsuits have been filed since that vote and a member of Congress has threatened to draft legislation to take away federal funding and cut ties with the tribe. Marilyn Vann, a spokeswoman for the descendants, said she can't help but think pressure on the tribe led to the injunction.
Posted by: Rich_Tallcot

Re: Tribal News - 05/15/07 11:38 PM

1) Lawsuit for a declaratory judgement requiring a Programable Environmental Impact Study and Injunctive Relief to halt all trust applications in New York State - hearing re: feds motion to dismiss was held May 15th by Judge Hurd. No decision yet. I DARE him to let the cat out of the bag - he won't be able to hold on to this tail. The feds sent in a rookie attorney. It's her FIRST case.

2) NEXT on the agenda - probably hit the airwaves within two days - Big Horn, Montana. Lawsuit exposing tribal voter fraud aims to move voting booths OFF reservations OR give states jurisdicton ON reservations. This one's a biggie - involves Karl Rove, Gonzolas, Wm. Mercer ... and the 8, now 9, fired federal attorneys. Oddly enough the tribes swayed seven Republican Senate seats to Democrat and at least four of the federal attorneys got fired for not investigating Democrat voter fraud.

3) Hobart, WS lawsuit warming up

4) MN lawsuit simmering

The tribes aren't going to be happy.
Posted by: DR. D

Re: Tribal News - 05/16/07 07:42 AM

Ok so I have an interesting question to pose after reading a few pages in this topic as well as others. Take for example the current thruway issue and how it is on "tribal" land, and the tribe is angry and says it will try and shut it down again as it has happened before what laws apply? Simply put say the thruway gets blocked:

If a brick gets thrown at someones car from a irate tribal member and some innocent driver gets hurt/maimed/killed because they are trying to cross their land what happens?

In turn if a irate setion of some wacked out NY militia group decides to go all Rambo on tribal members on tribal land what laws apply?
Posted by: Rich_Tallcot

Re: Tribal News - 05/16/07 02:11 PM

Hmmm - Good thing LOL has a portable billboard.

http://www.joplinglobe.com/local/local_story_135121941.html

Opponents organize to fight Seneca-Cayuga casino in Grove

- GROVE, Okla. - A Seneca Cayuga casino scheduled to be built in the city limits of Grove in the coming year is being challenged by a group of concerned citizens.

Grove residents are holding a public meeting Thursday at 7:30 at the Grove Community Center to form a grassroots group to fight the Seneca-Cayuga tribe and their proposal to build a 100,000 square-foot casino on the Grand Lake shoreline near Sail Boat Bridge.

"Paul Spicer, the Seneca-Cayuga Chief, said a casino would turn Grove into a mini-Branson,” said Darrell Mastin, a businessman. "The trouble with that is there are no casinos in Branson and we don’t want Grove to turn into a mini-Las Vegas."

There is a misconception that it’s a done deal, he said. Casinos have been stopped in other states, such as New York and Oregon, Mastin said.

The purpose of the meeting is "a pulse taking information get-together," Mastin said

Copyright © 1999-2006 cnhi, inc.
Posted by: Rich_Tallcot

Re: Tribal News - 05/16/07 08:00 PM

Dr. D.

YES, you have interesting questions.

"How is it on 'tribal land' " ? The Thruway runs through the state Seneca Reservation. Rights of way were agreed to, the tribe was compensated and is probably also compensated yearly.

OUR problems are LARGELY a result of our own Governor(s). i.e.: tax law. Pataki outright refused to collect the tax. Spitzer lied and said he would. The courts told him he had to issue tax exempt coupons to the tribes for their members to make the law enforcable. But, instead of merely doing that, he then offered to give the tribe(s) half the tax - INCLUDING the COUNTY taxes. But the tribes just outright refuse to pay anything and the Governor is incompetant. NYS took the tribes to court and WON at the U.S. Supreme Court in 1996 granting the state the authority to collect taxes from non-Indians at tribal bussineses. THAT law applies, but it's not enforced.

Those are the only two statements I can say for sure.

As to what laws apply if / when they block the Thruway, there are many. MY question is, will they be enforced? FEDERAL laws 25 U.S.C. 232 and 233 specifically grants New York State civil and criminal jurisdiction over it's reservations. ALL reservations in New York are STATE reservations. All the state needs to do is enforce the law, but the Governor is incompetant. Furthermore, Nevada v. Hicks was ruled on by SCOTUS, I think it was three years ago. Ruling - a state's jurisdiction does not stop at a reservation border.

There are undoubtedly numerous laws that could or would come into play that were not enforced the last time or not in existance the last time. Basically, it's a terrorist act on an interstate highway - Homeland Security laws could apply.

But the problem is our Governor is incompetant. He was rated by his peers as the third worst Attorney General in the country. Rather than look like the "bad guy", Spitzer will likely whine to the feds to do his job for him rather than enforce existing state laws, just like he's doing re. the Turning Stone casino.

The casino is on state sovereign land under state jurisdiction, there is no gaming compact, and Spitzer is just as guilty as Ray Halbritter and in violation of federal criminal laws under Title 18 for complicity in allowing illegal gambling to continue. But all Spitzer did is send the DOI a letter saying he and Ray couldn't reach an agreement. DUH, it's not federal land or under federal jurisdiction. The NIGC has NO authority to enforce violations of class three casinos - ruled on by appellate courts in 2006. That was the congressional intent in forcing tribes and states to form a compact, to give the STATE'S jurisdiction. It's "Spitzer's" job to shut it down. HE refuses to do his job.

"If a brick gets thrown at someones car from a irate tribal member and some innocent driver gets hurt/maimed/killed because they are trying to cross their land what happens?"

There are laws that can be enforced against personal physical violence. The questions is, will they be enforced? The mainstream media probably won't cover it. There was a State Trooper shot and crippled for life last time by the same tribe Spitzer and our legislature granted a casino to and is trying to give a second one to in the Catskills.

"In turn if a irate setion of some wacked out NY militia group decides to go all Rambo on tribal members on tribal land what laws apply?"

Murder and hate crimes are obvious laws that would apply, including many federal laws. The mainstream media would have a smorgasboard field day. If any of the militia lived, they'd probably never get out of prison.

IF we had a Governor with gonads, he'd start by immediately revoking the Seneca compacts, shutting down their casinos, arresting individuals breaking the laws, and demand derecognition as a tribe for being hostile - YES, there is a federal law that applies.

I smell tires burning!

From the Buffalo News
Wanted: Old tollbooths for use by Seneca Nation
Request latest move in dispute with state
By Dan Herbeck NEWS STAFF REPORTER
Updated: 05/16/07 7:05 AM

The Seneca Nation of Indians, which has threatened to charge motorists on the State Thruway that runs through its Cattaraugus Reservation, says it is in the market for some used tollbooths.

The nation wants to buy the dormant South Ogden and Breckenridge booths on the Niagara Thruway, but the contractor hired to tear down the booths says that won't happen.

Seneca officials said Tuesday they authorized their foreign relations committee to try to purchase the booths and to explore the possibility of installing them on the section of Thruway that runs through Seneca lands near Silver Creek.

Seneca President Maurice A. John Sr. confirmed the tribe's interest in the used tollbooths.

"The nation is serious about the issues affecting its land and the highways that go through it," John said. "The nation intends to go forward with changes in its arrangements involving these highways."

John's statement Tuesday is the latest salvo in a tax dispute between the Senecas and state officials, particularly Gov. Eliot L. Spitzer.

The Senecas are upset over the governor's plans to collect taxes on cigarette and gasoline sales from Indian merchants to non-Indians. This year's state budget anticipates $200 million in tax collections from those transactions.

An official of Oakgrove Construction of Elma said the state wants the tollbooths. Oakgrove last month submitted the low bid of $857,968 for a contract to demolish and remove Niagara Thruway toll barriers.

"There has been some contact with the Senecas, but we do a lot of work for the Thruway Authority, and we wouldn't want to be caught in the middle of an embarrassing situation," said Vincent Barbera, a vice president at Oakgrove. "It's also our understanding that the state wants the booths . . . possibly to use for parts in repairing other tollbooths."

Thruway spokeswoman Betsy Graham agreed with Barbera that the state has no plans to sell the booths .

The state shut down the toll collections on the Niagara Thruway last year after a legal battle between the state and Buffalo businessman Carl P. Paladino, who said the collections were an illegal tax on commuters.

Last month, the Senecas said they were disavowing a 1954 easement that allowed the state to build a Thruway section through the Cattaraugus Reservation. The Senecas also said they plan to void a 1976 easement that allowed the state to build the Southern Tier Expressway through the Allegany Reservation near Salamanca.

On April 19, John warned the state that his nation might erect tollbooths on the Thruway and begin its own toll collections.
Barbera said the Niagara Thruway barrier demolition work should begin next month and probably would take eight to 10 weeks.
dherbeck@buffnews.co
Posted by: Rich_Tallcot

Re: Tribal News - 05/17/07 08:35 PM

http://freedom.org/news/200705/17/beers.phtml

WORTH READING.
Posted by: Rich_Tallcot

Re: Tribal News - 05/21/07 07:43 AM

No free press, no freedom of speech, threats to individuals, families and more with no Constitutional rights, because the Constitution does not apply to Indian reservations. Could it, yes. But Congress continues to support these Communist states under the many excuses they wish to use - tribal self-determination, they don't want to make waves opposing Congressional leadership, and the tribal money flow to their campaigns may or may not be obvious but combined with tribal money flow to both political parties that encourage candidates to promote apartheid is ever present.

Remember when attorney Scott Kayla Morrison was here explaining no freedoms of press, speech, assembly, retribution against the families of those that spoke out against tribal governments. She said she feared for her life and the Choctaw knew she was here "telling on them". 30 days later back in Oklahoma she was shot dead. Inquiry to the sheriff there who reported she committed suicide with a rifle led some of us to believe they looked at it as just another Indian down. Seems it's not that uncommon on reservations which makes it easier to cover up deaths that are not suicides. Nope, they didn't bother with an autopsy - not required there.


http://www.grandforksherald.com/articles...ff9e9a66e355f5e

VIEWPOINT : 'Banished' in America? For writing?
By Rob Port
- 05/18/2007

MINOT - Let me tell you a story about a guy who likes to write about politics. One day, this guy visited a community where there was rampant crime, poverty, substance abuse and generally poor living conditions. This guy decided that someone should call attention to these conditions so that something could be done to change them.

So, he wrote a column about it, describing the conditions for his readers. Then, he published it on his Web site and for a local political magazine he has the privilege to write for.
Unfortunately, the local politicians didn't like what this guy had to say. They found his words and opinions to be inconvenient, so they got together and banned him from their community.

Sound like a believable story? Wondering where it could happen - maybe Cuba. Or someplace in the Middle East or an Eastern European nation that hasn't entirely forgotten its socialist roots?

Would you believe me if I told you that it happened right here in North Dakota, and that the guy it happened to was me?

On May 11, the Turtle Mountain Band of Chippewa's tribal council banished me from their reservation because of a column I wrote for the "Dakota Beacon" magazine (and my own political blog) called "The Appalling State of Our Indian Reservations." To do this, the council used a bit of tribal law called the "exclusion code," which they created ostensibly to ban criminals such as drug dealers and sex offenders from their reservation.

Now, it's apparently going to be used to ban those with political opinions that they don't like.

But when I say the council "used" that code to ban me, I mean that very loosely, as the council members apparently didn't bother to follow many of the requirements set out in their own law. Section 39.0110 of their tribal code requires that notice of any banishment hearing be delivered "by personal service, or if such service is not reasonably possible, by registered mail, return receipt requested" to the person to be banned. I got no such notice.

That section also requires that any banishment hearing be held by an Exclusion Order Board, which is appointed by the tribal council. No such board was convened, to my knowledge. Further, that section requires that the person to be banned be afforded a chance to attend the hearing, present evidence and speak on his or her own behalf. No such opportunity was afforded to me.

I was, to sum it up, banned from the Indian reservation without any level of due process (something that by itself is unconstitutional, in my humble opinion) and without the tribe following its own laws as written. Vice Chairman Ted Henry told the Herald that I won't be allowed back on his reservation, so clearly he feels as though the council fulfilled its obligations under the law ("Blogger banned," Page 1A, May 16).

It didn't. Even a legal novice can see this.

But the bigger issue here is the fact that the Turtle Mountain tribal council now is banning people with political opinions they don't like. If the tribe is willing to do that to someone who doesn't even live on their reservation and isn't a member of their tribe, can you imagine what they'd do to someone who spoke out, does live on the reservation and is a member of the tribe? Someone whom they'd have a great deal more power over than they do over me?

It makes you wonder if there are lots of people living on their reservation who have opinions similar to mine but are afraid to voice them for fear of losing their tribal jobs, getting their business run off the reservation - or, worst of all, getting banned from their home as though they were a drug dealer or a sex criminal.

It's chilling. And to think that it's happening in a community in America, where free speech and a free press are guaranteed in the Constitution.

I'll grant that politics can be polarizing and not everyone is going to agree with my opinions. But is banishment an appropriate reaction to someone you disagree with?

I don't think so.

What's more, Henry and others have claimed that this banning was put in place for my protection. I think that tells us more about the state of affairs on the reservation than anything I could write.

Since 2004, Port's blog, http://www.sayanythingblog.com, has recorded 2.89 million site visits, or an average of 3,100 a day.
Posted by: Rich_Tallcot

Re: Tribal News - 05/21/07 08:49 AM

http://www.news-register.net/News/articles.asp?articleID=19780
Casino Changes Landscape
By JENNIFER COMPSTON-STROUGH Assistant City Editor


NIAGARA FALLS, N.Y. - The shining blue exterior of the Niagara Seneca Casino and Hotel stretches into the sky over one of the Seven Natural Wonders of the World. It has changed the landscape of this city, but it hasn't had the economic impact many had anticipated.

Casino officials are quick to point out they have created thousands of jobs and often participate in initiatives to benefit charitable causes. In April, representatives from parent company Seneca Gaming Corp. joined area veterans in kicking off "Buffalo/Niagara to Baghdad."

Still, some residents and city leaders are disappointed the facility's presence hasn't spurred additional development. They also believe more of the dollars generated by the facility should be returned to the community.

[ "spurred additional development" ? They just killed any incentive. ]

Paul Morreale owns Third Street Liquors in Niagara Falls, a store close enough to the casino that the 26-story tower could cast a shadow across his door. Because of his proximity to the Seneca Niagara and the fact that he runs a niche business, his customer base has remained steady since the casino opened its first gambling floor in 2002.

But he claims the casino's one-stop-shop design - with rooms, restaurants, a salon and many other amenities on site - deters visitors from patronizing restaurants, bars and shops in other parts of the city.

[ That's exactly what businesses around Connecticut told us following the casino developments there. ]

"Everybody wants to be in the casino," Morreale said. "There's nothing to do in this town."

He also said that although the casino is profitable, those profits haven’t trickled down to the city or its residents.

"I expected more development, more spin-offs," he said. "This is a small, depressed city. There are no jobs; the young people leave. Nobody wants to invest here."

Morreale further is critical of the way the gambling establishment is regulated and exempted from a number of restrictions that apply to surrounding businesses. Because the facility is owned and operated by a corporation established by the Seneca Nation of Indians and is situated on tribal land, it is not subject to the 8-percent state tax on businesses nor to New York's statewide ban on cigarette smoking.

[Inequality under the law. Nope, tribes aren't "creating" all that many jobs here, they're just taking them from the taxpaying sector. ]

He pointed out that casinos have been in operation just across the Niagara River in Canada since the 1990s. Those facilities are government-run, he said, and have contributed to improvements in infrastructure. He also credited the Canadian gambling sites for contributing to a population increase there and to what he referred to as a "booming economy."

Indeed, the Canadian casinos are surrounded by hotels and a variety of attractions, from theaters to specialty shops, restaurants and more. While few cars were traveling around Niagara Falls, N.Y., one gloomy Wednesday afternoon in April, crowds braved the rain to walk from shop to bustling shop or to view the still-icy Canadian side of the Niagara Falls just across the border.

City Council Chairman Robert Anderson Jr. also "thought the casino would help more." Anderson is a 23-year veteran of the U.S. Air Force and said there aren't many casinos in the world that he hasn't visited. The native of South Bronx, New York City, also said he watched as Atlantic City's famous strip of casinos grew up along the coast. He said that development "did some good" for that city's most depressed neighborhoods.

[ Anderson should have paid Atlantic City a more recdent visit and checked their budget woes. Yes, casinos do boost activity, hopes, expectations, and some development for about the first six years. But what usually remains after that are the pawn shops and street vendors. "Did some good" for the "depressed neighborhoods" ? I do believe they razzed those, I guess tearing them down may appear to be doing good. Casinos are all "impression" oriented. Wouldn't want a bad impression presented to their customers. ]

When the Seneca Niagara came to his community, Anderson said, he saw it as an opportunity to fix the streets and sidewalks of the decaying city. In September, the Seneca Nation presented New York state officials with more than $68 million as part of the state's revenue share payment agreement. But Anderson said "politics" have kept that money from helping the city.

[ People that can't envision realistically what a million dollars is, in a city that is several million short from doing what should be done to maintain itself, are dazzled with dreams of multi millions of dollars being "offered". They have no concept that those "offers" are "mitigation impacts" from the "increased" costs the casinos create. ]

"The figures clearly show that our Class III casino operations have had a clear and unmistakable positive impact on the local economy," Barry E. Snyder Sr., president of the Seneca Nation of Indians, said in a news release. "From the job opportunities we have created to the number of jobs that are supported by their operation, Seneca Niagara Casino & Hotel and Seneca Allegany Casino (in Salamanca, N.Y.) are key components of what should be a foundation for economic growth in and around Western New York."

[ Those running these one way businesses will always praise how great they are. And they create needs for more jobs police, security, ambulance drivers, medics, social workers, undertakers, welfare staff, ... but they're mostly tax payer funded to support the non-taxpaying business. ]

According to the Gaming Compact signed Aug. 18, 2002, between the Seneca Nation and the state, the nation for the first four years of the compact will pay the state 18 percent of the "net drop" of the slot machines and table games — money dropped into the machines and spent on the games, after payout but before expense. The percentage paid to the state will grow to 25 percent over the potential 21-year life of the compact.

The first payment for 2003 totaled $38 million from just the Seneca Niagara Casino.

From the state's share, the "host community" receives 25 percent. Given 2005 revenues from each casino, it was anticipated that Niagara Falls would receive $11.3 million.

[ "Anticipations" - many a gold rush miner had them too. ]

But Anderson claims none of that money has gone toward improving infrastructure or attracting development to the city. "Our slice of the pie is so small they can keep it, as far as I’m concerned," he said, adding that the city's streets are in "deplorable" condition with buckled sidewalks and railroad tracks protruding from the pavement.

[The "state" didn't make a deal to help the community, it did so to help the "state". ]

"You need a tube of Preparation H to go driving around in this town," he said, referring to roadways he believes are too rough. He said the lack of solid infrastructure and dwindling population - down to about 55,000 in 2005 from more than 120,000 in the 1960s - are factors that discourage new businesses from coming to town.

[Sounds like Auburn, NY ]
............
Posted by: Rich_Tallcot

Re: Tribal News - 05/21/07 09:02 AM

A "coalition" of PRO casino group "organizes" to promote Catskills casino. But upon close scrutiny, and not even that close, it turns out that the "coalition" is the casino backers and a few they likely hired, like Casey McDonald. At least Casey admitted, after the fact, he made a mistake working for them. Hmmm, a print shop that gets luctrative deals to print pro-casino material and major shareholders in Empire Resorts unite to promote the big lie.


http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070520/NEWS/705200331/-1/NEWS

Catskill Confidential: New coalition sets out to extol casino's virtues

From the ashes of casino coalition's past, a new group in Sullivan County has risen to sell the benefits of a St. Regis Mohawk casino in Monticello.

But the founders of The Future of the Catskills Coalition say that, unlike the old Catskill Casino Coalition, they won't do much lobbying for the $600 million casino.

"Our plans are to go to local community groups, events, anywhere they give us a soap box on how the area can benefit," said co-chair Steven Vegliante, development manager at Brookside Homes Inc.

The group also is co-chaired by Ira Steingart, president of Steingart Printing. Another member is Henry Zabatta, a consultant for Westchester developer Louis Cappelli, a major shareholder in Empire Resorts. Empire owns Monticello Gaming & Raceway and is partners with the Mohawks in the casino project.

............................................
Posted by: Rich_Tallcot

Re: Tribal News - 05/21/07 09:12 AM

Another interesting bit of information. Sooooooo close to the proposed Catskill casino is a Muslim terrorist base. I caught this article in the Great Debate Forum on FL1 below the Community forums posted by Sky Soldier. Title is "Gunfire in Hancock NY - Jihad in America Trains." Hancock is just down the road from Monticello on Rt. 17.

The first article on page one is enlightening - you can skip the rest of the thread and not miss anything.
Posted by: Rich_Tallcot

Re: Tribal News - 07/14/07 10:04 PM

Washington State:

Maintaining Citizens' Rights
and
Saying No to Tribalism

The Native American Policy Alliance is a group of scholars, present and former government officials, lobbyists, citizen advocates that work with the onerous implications and administration of federal, state, and local governments Indian policies, of Title 25 of the U.S. Code (Bureau of Indian Affairs), and of agreements between governments and tribes that compromise the sovereignty of U.S., and the freedom and rights of citizens and businesses.

It has been the Native American Policy Alliance's observation that citizens should be very skeptical of the statements and agreements that tribes make, skeptical of the promises tribes make to the public, and to the federal, state and local governments that they are trying to get favors from. Consistently the type of association contemplated by King County with the Snoqualmie Tribe, results in tribe/government misalliances, and oftentimes illegal alliances, with the outcome being an erosion of citizen's rights in terms of property taxation and use, who has regulatory authority over them, loss of due process, and at times, an erosion of their outright liberties and freedoms within their communities.

Tribes and their supporters consistently mislead and outright lie in order to gain control of private and public property, real, business, or personal, whether to own it outright, or to exercise regulatory control over it. Governments for too long have been facilitating this policy of subordinating the wealth, resources, and sovereignty of the U.S. and its political subdivisions, the states, counties, municipalities, and other polities, to the tyranny of the tribes (Fact: tribes are not governed by the Bill of Rights and engage in tyranny against their own members, and against over who or what they might gain control of).

Governments such as King County are regularly pursuing these public/tribal partnerships on the basis of misinformed sentiments, myths about Indian people, about Indian tribes, and with an outright disregard for the republican form of government under which the citizens of the U.S. are guaranteed a right to have under the U.S. Constitution. Those myths and sentiments follow this now tired saw about Indians having all their land stolen, they were subjected to genocide, Indians are the stewards of the environmental universe, animistic beliefs of Indians (pagan spirituality) have precedence over all other religions, and Indians are incorruptible, valuing sharing and caring more than all other races. This is usually followed by the falsehood that tribes are not racial in nature, that they are sovereign to the point that they owe no obligation to the U.S., and a claim that they are not subject to any regulation by any government within the continental U.S.; in other words many government officials and tribal leaders disregard Indians' U.S. citizenship, disavow being part of the U.S., vehemently disavow any obligation to do anything for the benefit of the U.S., including for their fellow, non-Indian citizens. These premises cannot be overstated - people kid themselves if they believe that tribes and tribal members harbor anything bordering on goodwill towards America and in particular, towards America's White citizenry.

It is a documented fact that tribes use and promote the myths and stereotypes about Indians, knowing that many Americans are unfamiliar with either the legal aspects of Indian law, and/or unfamiliar with the extensive history of governmental relations between tribes, Indians, and the U.S. government. Tribes and their members count on this ignorance, and the easy conceptions of Indians as both on-going victims and as the great all-knowing arbiters of the natural world, spiritual and otherwise that the public has come to be indoctrinated in. These conceptions however are false, and easily proven to be that.

When a tribe comes to the bargaining table and starts telling a local government that it wants to "help" it out, citizens can be sure that mischief is to follow. Tribes because of their legal status gain in a multitude of ways in the types of transactions that this King County park scheme represents. The most elementary set of questions quickly gets to the point, "Why would the Snoqualmie Tribe want to get ownership of park land, and promise to maintain and make it available to the public just as if the park had remained public property?" and "How is it that the Snoqualmie Tribe is able to take a piece of land, and claim that it can fiscally maintain it and operate it better than a government that has been in the business of doing just that thing for more than a 100 years, and that has many hundreds of more millions of dollars at it disposal to facilitate that maintenance and operation?"

The short answer to both questions is that the Tribe cannot and will not do those things. First it lacks the expertise, the manpower, and the funds to independently do those things. And when a tribe lacks those things, it makes up for them in other ways, all at the expense of taxpayers. On a basic level if a tribe lacks the expertise or manpower, it does one thing which it is quite good at - the tribe demands that the government provide it with the expertise and manpower, at the government's expense. Tribes have a large number of government funded entitlement programs which they regularly tap for a broad range of endeavors. Or, a tribe may do the same thing that governments do, only with more attitude when questioned about it. Tribes may obfuscate the process by either letting the property or obligation they have claimed they will fulfill slide into disregard, they may defer fulfilling the terms of a contract, they may only in part fulfill the terms, they may outright deny it is their obligation, and of course there is always the ad nauseum, legal wrangling that tribes subject these types of situations to, including demanding that a contract must be renegotiated, and/or suing the government that made the contract with them in the first place. All of this is always couched in terms of a debt of perpetual victimhood on the part of Indians.

That failing, which it rarely does, tribes have other tactics that they can use to ensure that they do not have to perform under contracts or the compacts that they make with governments. They declare their sovereignty, claiming they cannot be forced to do any number of things without literally an act of Congress that forces them to comply with their obligations, they may declare their sovereign immunity from legal prosecution, tribes cannot be sued and thus they cannot be compelled to live up to their contractual obligations. All else failing, tribes more often declare a property they are holding, such as what is contemplated in this case, they declare it sovereign land and seek to exclude any non-Indians and/or non-tribal polity from access to the land, either through force, or by applying for trust status with the Department of the Interior for the land - they effectively cloud the title to the land in other words.

In regards to this latter tactic, situations abound across the United States where tribes have declared that they have no intention of pursuing trust status for land that they purchase or have acquired from a government agency, that they have no intention of developing a property, that they have no intention of putting in gambling or entertainment venues, that they just want to be good neighbors, stewards of the property, and/or that they will allow the property to remain in perpetuity as a public amenity. One only has to go to Sherrill, New York to find the lie and the vituperative intent in all these representations, but closer to home, tribes are engaging in the same sort of acts in King, Pierce, Whatcom, Snohomish, Cowlitz, Spokane, and Kitsap counties to name a few. In each of these areas tribes, including the Snoqualmie Tribe, are asserting their right to disrupt public facilities and resource management plans, asserting a right to have control over land and people, a right to construct or develop whatever project they want to, and then the kicker, demand that taxpayers foot most or all of the bill for this!!!

This certainly does not paint a very good picture of tribes as good neighbors much less good stewards, but the point is just that - in general tribes are not good neighbors, and the Snoqualmies are no exception; they have already demonstrated that they will sue and obstruct government processes in order to gain control over public resources (see Snoqualmie River/PSE FERC proceedings). Tribes and tribal members culturally and by persuasion do not consider themselves to be part of what we know as the U.S., they and their enablers, of which there are many, have spent years carefully cultivating a social and political ideology that sets out that tribes, tribal members, and any Indian person they can persuade to their side, that they are victims, they are owed compensation in perpetuity for being the first people in America, and if any opportunity exists whereby they can act out the contempt that they have for White people, and/or any form of Constitutional government in the U.S., they will do that.

This philosophy now come policy/ideology is rampant in academia, it is rampant in our K-12 schools, it is popularized in government agencies, their executive orders, statutes, administrative and regulatory rules. Wherever taxpayers have a right to expect equity, good faith and protection of their rights and liberties, Indian ideologies and policies have been inserted to supplant those, to the detriment of that a free and democratic citizenry holds dear.

Finally, it should be understood that the default response to any criticism of Indian policy or tribal activities is to claim that the person(s) making those claims are racists. This epithet is consistently leveled, even in the face of clear wrongdoing and bad faith on the part of tribal actors. Citizens who work for the reform of Indian policy and law, and the repeal of Title 25 have grown used to that claim, and understand that those leveling that accusation only have this specious claim as a defense. If they were to debate the allegations herein and elsewhere on the merits, tribes and their revisionist apologists would not be able to maintain their positions otherwise; they must be able to claim unquestioned indigenous rectitude, without this they would have to abide by the same norms, Constitution, laws, and stare decisis that the rest of Americans have to abide by.

Some Quick Highlights About Tribalism in Washington State:

There are 562 Indian tribes in the United States, Washington state is home to 29 of them.

Washington State and or its political subdivisions do not exercise any oversight over the tribes that they have gambling and/or utility, natural resource management compacts and/or agreements with.

Washington State and or its political subdivisions subsidize the majority of those compacts and agreements, providing taxpayer funded resources, utilities, and/or loans, grants, or other funding/State credit to facilitate those compacts and agreements.

Tribes pay no taxes on their income, and in Washington, consistently tribes obstinately and for many decades have refused to disburse to the State the state taxes that tribes collect from non-Indians on reservations.

Tribes in Washington since 2005 have the right to indoctrinate students in every Washington State K-12 school about Indians' spiritual beliefs, their version of history, their alleged right to act as sovereigns, and/or their claim of a right to have regulatory authority over citizens, and to regulate natural resources off of their reservations.

Tribes in Washington state now have gained a statutory preference that ensures that Indian students have educational programmatic priority over black, Hispanic, and special education students, despite a showing that non-Indian students are at-risk more, and more impacted by developmental and educational delays than Indian students.

Tribes in Washington state now have the right to issue their own identification documents and demand that it must be given the same legal and secure status as State or federally issued identification.

Tribes regularly receive free legal services at Washington's public universities, subsidized by taxpayers, even when they are suing a federal, Washington State, or municipal entity in Washington. State taxpayers are refused those same services, should they wish to pursue a complaint against a tribe.

Tribes in Washington state are actively trying to gain an unconstitutional distribution of property taxes for themselves.

Some of the costs associated with this rampant tribalism, for example:

$11 Million plus - Snoqualmie Tribe - right to worship the mist on the Snoqualmie River

$150 Million plus - Tulalip Tribe - City of Everett providing water pipeline, reservoir and credit for Tulalip Tribes water park and hotel complex.

$45 Million plus - Muckleshoot Tribe - City of Seattle divesting its water rights in the Cedar River Watershed, agreeing to build a fish hatchery for the tribe's exclusive use, guaranteeing Indians-only access to hunting within the watershed.

$10 Million plus - Lummi Tribe - claiming fee land as tribal land and refusing to pay property taxes on the fee land.

$15 Million plus - Cowlitz Tribe - concessions gained from Clark County, that the County will provide sewer and water to the tribe's proposed casino.

$30 Million plus - Lower Elwha Tribe - Cash paid and land given to tribe by the State of Washington for a new cultural center, and burial ground (excludes $90 Million in lost project costs at Port Angeles).

$45 Million plus - Yakama, Confederated Umatilla Tribes - new claim for damages for the Grand Coulee Dam – despite having already received compensation for this several decades ago.

$105 Million plus - Muckleshoot, Puyallup Tribes - Port of Tacoma area shakedown of landowners and local governments by these two tribes - over 177 cases filed in federal court alone by them. Return - cash, land, and regulatory authority over non-tribal businesses and property.

TELL KING COUNTY AND THE SNOQUALMIE TRIBE:

"THANKS, BUT WE PREFER THAT OUR PUBLIC PROPERTY REMAIN PUBLIC PROPERTY, UNDER THE OVERSIGHT OF OUR DULY ELECTED OFFICIALS, UNDER OUR CONSTITUTIONALLY PROTECTED FORM OF GOVERNANCE !"
Posted by: bluezone

Re: Tribal News - 07/19/07 08:15 AM

Vote NO July 31
Posted by: Rich_Tallcot

Re: Tribal News - 08/01/07 12:51 AM

Buffalo News: Senecas want larger role in HUD's housing program
By Jerry Zremski - News Washington Bureau Chief
Updated: 07/31/07

The Seneca Nation of Indians today asked for federal approval to expand its involvement in a housing program to encourage homeownership by Native Americans throughout New York and Pennsylvania.

1988 - Tribal Self Governance Act. Allowed tribes to decide for themselves how to spend their federal funds. Eliminated all oversight.

It seems, even with THREE casinos in operation, the Seneca tribe can't afford to buy a house and won't help it's own people. Maybe it's cheaper to buy politicians to give tribes taxpayer money.
Posted by: bluezone

Re: Tribal News - 08/01/07 02:14 PM

Originally Posted By: Rich_Tallcot


It seems, even with THREE casinos in operation, the Seneca tribe can't afford to buy a house and won't help it's own people. Maybe it's cheaper to buy politicians to give tribes taxpayer money.


Do not forget the tax money that the tribes illegally keep from gas and cigs.

The federal/state government should stop this program if a tribe has a casino or sells illegal cigs and gas.

Was it not the intent to give the tribes casino's to make them self-reliant?







Or beggars on a greater scale?






.
Posted by: bluezone

Re: Tribal News - 08/01/07 02:30 PM

The Federal government is going to "give" away 2,000+ mobile homes to the tribes.

And what treaty is this written in?
Did not even know that mobile homes were around at the time that the treaties were written. \:D
Posted by: Rich_Tallcot

Re: Tribal News - 08/01/07 07:10 PM

Originally Posted By: bluezone
Did not even know that mobile homes were around at the time that the treaties were written. \:D


Sure - I think they called them "long houses". \:\/
Posted by: justaxme

Re: Tribal News - 08/02/07 04:26 AM

Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Did not even know that mobile homes were around at the time that the treaties were written. \:D


Sure - I think they called them "long houses". \:\/


And how much you want to bet that even with the "millions" we're supposed to get from the indian casino's that are taxes will still go up!!! They'll find a way blow it!! They talk of a tax cut. What a joke!!!
Posted by: SilverRose

Re: Tribal News - 08/02/07 06:34 AM

That the US government is going to GIVE the Indians ANYTHING is interesting. I'm not against mobile homes, but since we are already supporting the Indian nations, why do we also GIVE away products that they can purchase? Are these the mobile homes that never made it to the victims of Katrina? The ones that sat there unoccupied while people remained homeless and without shelter?

I don't know...I guess I'm crabby this morning. The Indians should at least pay some kind of minimal payment for these homes to offset all the legal costs the States are paying to play these stupid legal games - each decision is met with appeal or ignored, i.e., paying taxes on gas and cigarettes.

Does anyone know the financial total that all of the states have paid combatting these lawsuits (based on greed) filed by the Indians?

Posted by: Rich_Tallcot

Re: Tribal News - 08/18/07 10:45 PM

Reminder of the appeal to the U.S. Supreme Court in 2005.

CAYUGA INDIAN NATION OF NEW YORK, et al.,
Petitioners,
v.
GEORGE PATAKI, as Governor of the State of New York, et al.,
Respondents.
BRIEF IN OPPOSITION

COUNTER-STATEMENT OF QUESTION PRESENTED

Whether the Second Circuit properly reversed a damages award in an Indian land claim action as barred by laches, acquiescence, and impossibility under this Court's decision in City of Sherrill v. Oneida Indian Nation, 125 S. Ct. 1478 (2005), where petitioners sought

(1) a declaration that the tribes now own and have the exclusive right to possess over 64,000 acres in central New York sold to the State 200 years ago;

(2) ejectment of the current occupants of the land; and

(3) trespass damages for the loss of possession.
__________________
Answer - yes - they properly reversed the biased judge McCurn's rulings of the previous 24 years.

No - the only thing the tribe has exclusive jurisdiction over is the money they received for selling it. It's not our fault that they lost it at the Turning Stone.

No - the only people who can be ejected are trespassers and the children of the children of the clildren of the children of the cilldren of the children of the children of the children of the children of the children of the children of the children of the people who sold it eight times would be the trespasser.

And No - one only gets trespass damages from loss of posession if something is stolen. When payment is accepted in return for a sale, the deal is consumated. Tribal members still continue to accept payment.

Furthermore, the land was sold in it's entirity on February 25, 1789, one week before the Constitution was declared effective. In section one of that treaty it states "of the ceded lands" the state allowed the Cayuga tribe use rights to 64,015 acres of the state land. Judge McCurn had this presented to him but he chose to totally ignore it and claimed the land was set aside and not sold. He was WRONG.

Furthermore, Bill Dorr presented the statute of limitations imposed by Congress itself relating to the Claims Commission pointing out that claims for the land and claims for ejectment were new claims barred as being filed thirty years passed the deadline. McCurn's reply was "but then they wouldn't get any land". (you're right, their claim isn't legal, but I don't care) At least the 2nd Circuit saw it for what it was worth - nothing - exactly what Mel offered in 1999 with a big "O"
Posted by: Rich_Tallcot

Re: Tribal News - 08/26/07 06:21 PM

Fair Warning

http://www.mydesert.com/apps/pbcs.dll/article?AID=/20070825/OPINION01/708250313&template=printart

August 25, 2007

Prez on the Rez shows muscle of Native Americans

Prez on the Rez, sponsored by the Morongo Band of Mission Indians, is the first time on Indian land that Democratic candidates for president assembled to woo the Native American vote.

But this event was so much more than candidates for political office telling potential voters what they think they want to hear. It was a display of Indian empowerment, and the message is that Native Americans are a force, a force fighting for their sovereignty all the way to the White House. Prez on the Rez is just the beginning. It not only shows that Native Americans are poised to vote in ways that protect their rights and interests; it is a strong indicator that more Native Americans will be running for and winning political seats, and to that we say, it's about time.

But some disappointment also filled the air. Front-runners U.S. Sen. Hillary Clinton, Sen. Barack Obama, and former Senator John Edwards were nowhere to be found - no table with buttons, no crazy-hat-wearing supporter running around handing out pamphlets, no one in attendance showing any type of support for anyone other than the three presidential hopefuls who did attend.

Among those who showed up, New Mexico Gov. Bill Richardson seemed to be the favorite. With Native American staffers at his side, Richardson had 'em cheering during his press conference when he vowed to create a cabinet-level position for Indian Affairs, scrap federal No Child Left Behind and settle the Indian Trust Fund in favor of Native Americans, who he said "got ripped off."

But it was Ohio Rep. Dennis Kucinich who touched hearts. During the forum, Kucinich's introduction was so emotionally charged and delivered with so much feeling, you didn't know whether to laugh or cry. Although theatrical, Kucinich delivered. He promised an executive order that would leave determination of who qualifies as Indian up to Indians; not the federal government. He also wore his colorful Morongo blanket - gifts to each candidate - from the time it was given to him until he was out the door.

And for those who weren't sure what to make of Kucinich, former Alaska Sen. Mike Gravel was nothing but blunt. He called for the release of Leonard Peltier, accused of killing two FBI agents, and said Indian gaming puts a smile on his face because he knows that it's finally taking money back from "white men." And, oh yes, if Indians want sovereignty; it is sovereignty they shall have.
Posted by: Rich_Tallcot

Re: Tribal News - 08/26/07 07:15 PM

SOME governors are able to enforce the laws.
08/24/2007

Smokers fume over state's tax crackdown on online purchases
By Kori Walter , For the Herald-Standard

HARRISBURG - Harry E. Quinn feels he got burned buying cigarettes from an American Indian-owned company in southern New York. Looking to save a few bucks, the 57 year-old disabled machine operator started ordering cartons of Kingsley cigarettes from SmartSmoker in 2006.

The company charged just $11.99 per carton compared to the $35 Quinn would have paid at area convenience stores.

But the savings went up in smoke last month when Quinn opened the mailbox at his home in Rochester, Beaver County.

Inside the mailbox, Quinn found a notice that he owed the state $2,323.84 for the 144 cartons of cigarettes he bought from the New York company, which its Web site claims is part of the Seneca Nation and Iroquois Confederacy.

Quinn found out that the cigarettes cost less because the retailer had not tacked on Pennsylvania's $13.50 per carton cigarette tax and a 6 percent state sales tax.

"I think it's a rip-off," said Quinn, who will be sending $58.49 each month to the state Department of Revenue for the next three years to pay off his tax debt.

"Now I'm paying for cigarettes that I've already smoked," Quinn continued. "You could buy a lot of cigarettes for $2,323."

Quinn is one of the 123 Beaver County smokers smoldering over the state revenue department's crackdown on cigarettes purchased online or over the phone from companies in other states.

Beaver smokers owe a total of $243,755 in unpaid cigarette and sales taxes, according to the department.

In Fayette County, 98 smokers have been notified that they owe the state nearly $200,000 in taxes for cigarettes they bought in other states.

An increasing number of out-of-state cigarette vendors are complying with a federal law that requires them to send state tax officials monthly sales reports, said Stephanie Weyant, a revenue department spokeswoman.

The reports include customers' names, addresses and the quantity of cigarettes purchased.

Weyant said Pennsylvania is getting more sales reports thanks to a 2005 federal investigation in Virginia of online vendors and because other states have turned up the heat on retailers shipping smokes across state borders.

Tax collection on online and phone order cigarette sales was stepped up this year because the 2006-2007 state budget included money for stricter enforcement, Weyant said.

Pennsylvania is tracking down residents who have bought cigarettes from out-of-state companies since 2005, Weyant said.

Pennsylvania customers who bought 100 or more cartons received tax collection notices in April, she said. Residents who bought 70 or more cartons received letters at the end of July.

The state has collected nearly $4 million and has set up payment plans to collect another $7.7 million as of Aug. 9, according to the department.

"It has been very successful," Weyant said of the letter blitz. "We will continue to send out these letters in waves until we have contacted everyone. We are hoping that going forward people will maybe purchase cigarettes from brick-and-mortar stores in Pennsylvania."

The state collected almost $779 million in cigarette taxes during the 2006-2007 budget year and estimates hauling in nearly $767 million in 2007-2008.

With millions at stake, it's no surprise that states are ratcheting up collection efforts, said Arturo Perez, a fiscal analyst with the National Conference of State Legislatures in Denver, Colo.

Smokers have absorbed a total of 72 cigarette tax hikes in various states since 2001, Perez said.

In 2004, Pennsylvania upped its cigarette tax to $1.35 per pack from $1 per pack.

"Cigarette tax rates are now much higher than they were five years ago," he said. "As a result, the potential loss of revenue for states from non-taxed sales of cigarettes has pushed the degree to which states are willing to pursue those with tax liabilities."

Under Pennsylvania law, customers who order the cigarettes are on the hook for the taxes - even if they are not the ones lighting up.

Gloria Monahan learned about that quirk in the law the hard way.

The 65 year-old licensed practical nurse had 10 cartons of USA 100s and eight cartons of USA 100 menthol cigarettes shipped every month to her Falls Township, Bucks County, home.

Monahan said she would give the eight cartons of menthol cigarettes to her sister, Mary.

At $13.47 per carton, Monahan thought she was getting a bargain from the SmartSmoker company.

"What I figured was they were a lot cheaper than buying them at the store and nothing was ever mentioned about taxes," Monahan reasoned. "I figured that was the wholesale price. Why would I order cigarettes and try to save money if I knew I had to pay taxes? I would have never done that."

While Monahan had grown accustomed to cigarettes showing up in her mailbox, she was shocked when a letter from the revenue department arrived in April telling her that she owed $5,300 in unpaid taxes.

Monahan dipped into her savings account to come up with a $531 lump-sum payment the state demanded.

She also agreed to send a check for $133.57 by the 20th of each month until the balance is paid off in May 2010.

Monahan said the payment is a little less than her monthly electric bills, which average about $140 per month.

Her sister is not helping with the payments because she died last year, Monahan said.

"In the long run, I saved no money," she lamented.
Posted by: Okla.ndn

Re: Tribal News - 09/03/07 03:45 PM

Cayuga Nation plans first housing development
Friday, August 31, 2007
Filed Under: National

The Cayuga Nation plans to use a $438,321 Department of Housing and Urban Development grant to re-establish a homeland in New York.

The HUD grant is the tribe's first. Clint Halftown, the tribe's representative, said the money will be used for housing in the tribe's ancestral reservation.

The tribe has purchased more than 350 acres within its original reservation and plans to buy more land. The tribe wants all the land placed in trust and has proposed a settlement to limit its acquisitions to 10,000 acres. Two counties, however, have rejected the deal. http://www.indianz.com/News/2007/004698.asp

Get the Story:
U.S. gives housing grant to Cayugas (The Syracuse Post-Standard 8/31)
Posted by: grinch

Re: Tribal News - 09/03/07 04:48 PM

Hey Okla, they are welcome, but they will be required to pay taxes on any property they acquire or build. There is no tax free trust land in this area. they will also be subject to all zoning and other laws that apply to everyone.

How are you making out with the new casino? Last I heard it was in limbo.
Posted by: Rich_Tallcot

Re: Tribal News - 09/03/07 10:10 PM

Hello Grinch:

Very interesting.

The actual act is at http://www.hud.gov/offices/pih/ih/codetalk/negreg/briefingbook/nahasda25.pdf

According to the act the tribe must have already submitted a plan for a housing unit to be located in Indian Country AND has already worked out cooperating agreements with the local communities. I would imagine that would be for fire, ambulance, water, sewer, etc. Seems strange they don't even know where they're going to locate yet. They, OBVIOUSLY, have no such agreement considering both counties rejected their offer. AND they have no Indian Country here on which to put it. I think we should ask HUD to see a copy of their "plans".

They, furthermore, are "supposed" to be low income. I see their numbers have jumped on paper to 500 from the 400 they had during trial, only 150 of which they testified lived in NYS. Even so, they are pulling in as much as this grant is, every week, in sales and excise taxes not remitted to the state. Hardly what I'd consider to be "low income".

Top that off with the Boston Globe reporting last week that President Bush said there would be NO trust applications approved for AT LEAST eighteen months.

It would seem if someone were to go after this, they could have those funds cut off. However, the 1988 Tribal Self Governance Act allowed tribes to decide for themselves how to spend their federal funds and eliminated all oversight. Consequently, tribes get the money and do what they want with it.

Any bets they don't make some political contributions with it? I see that ICT has endorsed Hillary for Pres. Think that may be a thanks for her vote in June to continue excluding tribes from the campaign finance law?

Good to see Okla back on the forum. Welcome back Okla. Things were getting quiet.

The cut & paste below has some off characters in it, but I'm not taking the time to clean it up.


NATIVE AMERICAN HOUSING ASSISTANCE
AND SELF-DETERMINATION ACT OF 1996
PUBLIC LAW 104–330—OCT. 26, 1996 110 STAT. 4023

Section 102:

(b) PLAN REQUIREMENT.—
(1) IN GENERAL.—The Secretary may make a grant under this Act on behalf of an Indian tribe for a fiscal year \only if—
(A) the Indian tribe has submitted to the Secretary an Indian housing plan for such fiscal year under section 102; and
(B) the plan has been determined under section 103 to comply with the requirements of section 102.
(2) WAIVER.—The Secretary may waive the applicability of the requirements under paragraph (1), in whole or in part, if the Secretary finds that an Indian tribe has not complied or cannot comply with such requirements due to circumstances beyond the control of the tribe.
(c) LOCAL COOPERATION AGREEMENT.—The Secretary may not make any grant under this Act on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with the grant amounts will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this Act.
(f) PLANS FOR SMALL TRIBES.—
(1) SEPARATE REQUIREMENTS.—The Secretary may—
(B) waive any requirements under this section that the Secretary determines are burdensome or unnecessary for such tribes and housing entities.

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) PRIMARY OBJECTIVE.—The national objectives of this Act are—
(1) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families;
Posted by: Okla.ndn

Re: Tribal News - 09/05/07 09:45 AM

Hey grinch I am sure that the Cayugas will do just as you say. LOL.
What casino are you talking about? The only one that we are working on is going great. And we are not in any rush, as the one we have has never done better then it's doing now.
Posted by: grinch

Re: Tribal News - 09/05/07 04:48 PM

Just read an article on the Seneca Cayuga Cigaratte plant. It can be found by clicking on the url below. I also read some of the comments from readers below the article. Seems no matter what your tribe does you become embroiled in a law suit.

I read some not so nice comments about Spicer. Are they true?


Still trying to open a casino in Grove? How many law suits are in progress over that situation?

Try giving some thought to conforming to the laws of the states you plan to do business in and possibly those law suits will diminish. Might save you a little frustration and a barrel full of money. The tribe might find people a bit more cooperative if the tribe accepted the law of the land.

You were right on Spitzer, he caved into the bribes, err campaign contributions, and softened his stance on Indian casinos and collection of sales taxes. Just another opportunist. He will be gone next election.


http://www.tulsaworld.com/news/article.aspx?articleID=070905_1_A1_spanc87386
Posted by: Okla.ndn

Re: Tribal News - 09/06/07 11:49 AM

There isn't any truth in whats being said about our Chief, by the losers of the last election. They lost real bad and now they will take it out on the whole Tribe. As far as I know there isn't any law suits on our new casino in Grove. It's some of the same ones that didn't get elected, that are trying to start trouble with the new casino going in, in Grove. They have slowed it down a little, but the Tribe will come out good on the deal. If our Chief was one to set and let others run over him then you wouldn't be hearing all of the bs, but he has stood up for the Tribe. Like any good leader should. Like a lot of others Spitzer wanted people to think he could do more then he could do. It's just my opinion but I don't think it had anything to do with "bribes, err campaign contributions" it's more that he lacks the power needed to do what was said would be done.
Posted by: grinch

Re: Tribal News - 09/07/07 06:22 AM

I believe the State (Spitzer) has the power to enforce tax collection. What he lacks is the moxie to do so. That plus his advisors telling him to back off or else the campaign financing will dry up as the main reason he has not taken any action in my view.

They are afraid they will lose out on the big money if they enforce those laws and the Tribes refuse to cut the state in on the deal for a casino.

That is particularly true for the Cayuga who operate two gas stations and cigarette outlets not located on trust land. That is what rubs everyone raw, any other merchant would have been put out of business long ago for refusing to collect or remit sales taxes.
Posted by: grinch

Re: Tribal News - 09/09/07 11:06 AM

Okla: On a friendly note. I have been watching and cheering on one of your cousins, Jaba (Joba) Chamberlin. I noted he is Winnebago and you mentioned one time you were somehow connected to that tribe. Is he related? His Dad had a rough go in life, unfortunate.
Posted by: Anonymous

Re: Tribal News - 09/10/07 12:42 AM

I just wanted to thank Dick Tallcot for his hard work, perseverance, and leadership over the years regarding this battle. There are a lot of family traditions, histories, and blue collar work at stake. Thanks again Dick for your insight and leadership. Sometimes we need to hear it.
Posted by: Rich_Tallcot

Re: Tribal News - 09/10/07 07:40 AM

Thanks for the thanks. No one person could have stopped the railroad. UCE works as a team and there are many supporters that are not members.
Posted by: bluezone

Re: Tribal News - 09/22/07 01:28 PM

....“The Cayuga Nation’s number one priority is to have land ... in which the people can exercise their sovereign rights,” said French, a tribal lawyer from Syracuse. “It’s part of a larger plan to bring the Cayuga citizens back to the homeland.” ....




Looks like Clint HalfClown is good at mixing his words

"we are sovereign"
"we are sovereign"
"we are sovereign"
"we are sovereign"
"we are sovereign"
"we are sovereign"


It is odd that he brags about being sovereign but then runs to the US government for money to build housing for his own people.

Guess all that illegal tax money he pockets from the illegal gas, cigs and witheld taxes are not enough for just his own lifestyle.

The federal government should require that halfclown pay his taxes before he gets any free money.
Posted by: bluezone

Re: Tribal News - 09/22/07 01:31 PM

Originally Posted By: grinch


That is particularly true for the Cayuga who operate two gas stations and cigarette outlets not located on trust land. That is what rubs everyone raw, any other merchant would have been put out of business long ago for refusing to collect or remit sales taxes.


Do you think spitzer would get off his duff if taxpayers shut down the thruway and burned tires to protest the lack of tax collection?
Posted by: tiro

Re: Tribal News - 09/22/07 08:26 PM

what would the state do if everyone quit paying taxes??
Posted by: Gio

Re: Tribal News - 09/22/07 08:29 PM

What ever happend with Clint, his mother and the other elders? Wasnt there some in fighting with books missing or monies not where they should be?
Posted by: grinch

Re: Tribal News - 09/26/07 11:05 AM

the following article can be found on IndianZ.com

I would suggest to those purchasing this hotel to run away from this deal. A sale of property by an Indian Tribe is chancy at best for one to obtain a clear title. Descendents of that tribe are more than likely to come back and sue over something, maybe a misplaced period, or the wrong partiese are selling the Hotel.


close window
Mashantuckets To Sell Hilton Mystic Hotel
Mashantuckets To Sell Hilton Mystic Hotel
By Patricia Daddona


Published on 9/26/2007 in Home »Business »Business Local
Mystic — The Mashantucket Pequot Tribal Nation has agreed to sell the Hilton Mystic to RLJ Lodging for an undisclosed sum.
The private real estate company, RLJ Lodging Fund II LP of Bethesda, Md., is an affiliate of RLJ Development LLC, and controlled by Robert L. Johnson, the founder of Black Entertainment Television and owner of the NBA Charlotte Bobcats.

The Mashantuckets own Foxwoods Resort Casino, the Mashantucket Pequot Museum and Research Center and other properties.

The 184-room Hilton Mystic opened in 1986 just off Exit 90 of Interstate 95, across the street from Mystic Aquarium.

The 120,000-square-foot hotel and parking lot sits on 9 acres. Also located there are the Mooring restaurant, which seats up to 100 people, and a lounge for up to 75 people, banquet space of 6,400 square feet, and a heated indoor pool.

The Mashantuckets purchased the hotel for $18 million in 1997 and had paid for it in full, but ran into conflicts with management that in 2004 resulted in a judgment against the tribe for more than $15 million. It is not clear whether the tribe successfully appealed that ruling.

The purchase agreement is scheduled to close in mid-October. After the closing, the hotel will be managed by Crescent Hotels and Resort of Fairfax, Va.


Mystic
Posted by: bluezone

Re: Tribal News - 09/28/07 04:55 PM

Originally Posted By: Okla.ndn
Cayuga Nation plans first housing development
Friday, August 31, 2007
Filed Under: National

The Cayuga Nation plans to use a $438,321 Department of Housing and Urban Development grant to re-establish a homeland in New York.

The HUD grant is the tribe's first. Clint Halftown, the tribe's representative, said the money will be used for housing in the tribe's ancestral reservation.

The tribe has purchased more than 350 acres within its original reservation and plans to buy more land. The tribe wants all the land placed in trust and has proposed a settlement to limit its acquisitions to 10,000 acres. Two counties, however, have rejected the deal. http://www.indianz.com/News/2007/004698.asp

Get the Story:
U.S. gives housing grant to Cayugas (The Syracuse Post-Standard 8/31)


Okla- is this the money that you will use to build your Auburn casino?


LOL
Posted by: bluezone

Re: Tribal News - 09/28/07 04:57 PM

Originally Posted By: Gio
What ever happend with Clint, his mother and the other elders? Wasnt there some in fighting with books missing or monies not where they should be?


I guess that is why they had to beg for money from the US governement to build housing.


;\)
Posted by: bluezone

Re: Tribal News - 09/28/07 04:58 PM

Originally Posted By: tiro
what would the state do if everyone quit paying taxes??


Would it look like a rez?
Posted by: grinch

Re: Tribal News - 10/04/07 02:56 PM

Dr Dresser and others who believe negotiated settlements are "FINAL" better start paying attention to what the Tribes are attempting to do elsewhere.

In my opinion, there are no final settlements. If the Indians agree to something, later decide they or their descendents do not like the provisions of the agreement they will try and overturn the agreements. Then it starts all over again.

Below is a case in point which is occuring in Bangor,Maine.

It is way past time to end tribal sovereignty and for all citizens (and other residents) to adhere to the laws and regulations of the state in which they live with the overriding final authority of the United States ruling over all.


The Indian can still preserve their culture just as other ethnic groups have done in this country. Family groups or tribes do not need sovereignty allowing them to only obey laws they agree with.

One rule of law, one soveriegn to which all should pledge their allegiance.

To do otherwise we risk anarchy, and it will eventually destroy this country as we know it.




Bangor: Tribes, state to amend acts
By Aimee Dolloff
Thursday, October 04, 2007 - Bangor Daily News


BANGOR, Maine — The state’s Wabanaki American Indian tribes remained focused Wednesday on four main issues that they hope to address while studying differences in the interpretation and understanding of the Settlement Acts between the tribes and the state.

The Tribal-State Work Group, created in 2006 by Gov. John Baldacci, met Wednesday at the University of Maine System Office to continue discussions about potential changes to the act.

"All we are asking is respect for our culture and an opportunity to live that culture," Butch Phillips, Penobscot Nation tribal elder and work group member, said at Wednesday’s meeting. "Self governance is the most important right of the tribe."

As originally charged by Baldacci, the work group is in the process of developing recommendations for how the Legislature might reconcile the issues in a manner that benefits both the tribes and the state.

The recurrent themes discussed Wednesday included the concept of sovereignty; the definition of internal tribal matters; how disputes between the state and tribes should be settled; and what is meant by language stating that tribes are similar to municipalities.

The Maine Settlement Acts date back to 1979 and include the Maine Implementing Act, which implemented in part a land settlement agreement among the state of Maine and the Penobscot Indian Nation, the Passamaquoddy Tribe and the Houlton Band of Maliseet Indians. They were ratified by Congress in 1980. Subsequently, the Maine Legislature enacted, and Congress ratified, the Micmac Settlement Act regarding the Aroostook Band of Micmacs.

"Unfortunately, it has not worked out as we intended," Phillips said.

Over the last 27 years, although the poverty level among Maine’s American Indians has improved, other aspects of their lives haven’t.

As presented Wednesday, issues such as health care, the ability to freely practice their cultures and traditions, social equality, and access to higher education are just a few of the issues that have plagued Maine’s tribes since the acts were implemented.

"The Settlement Act doesn’t work because it tries to make us something we are not," Phillips said. "We are first, last and always Indian tribes, not creatures of the state."

The group is scheduled to meet again at 11 a.m. Friday, Nov. 2, in Augusta to hear from Tim Woodcock and John Patterson. Both men were involved in creating the act.

The tribes intend to a have a draft of what they would like to see changed ready for the November meeting. The group is under a Dec. 5 deadline to submit its report to the state. The 123rd Legislature then will consider the findings during the second session.

Members of the work group include six state representatives, two state senators, eight representatives from the Wabanaki tribes, a representative from Baldacci’s office, and another from the Maine Indian Tribal-State Commission.

"If you let the tribe have the means to go forward, we can do amazing things," Pleasant Point Passamaquoddy Chief Rick Phillips-Doyle said, noting that the Settlement Act didn’t change the way the tribes view themselves.

"The people still believe in their tribal governments," he said.


http://www.indianz.com/News/2007/005239.asp
Posted by: bluezone

Re: Tribal News - 10/05/07 11:49 AM

Originally Posted By: grinch
..."All we are asking is respect for our culture and an opportunity to live that culture," Butch Phillips, Penobscot Nation tribal elder and work group member, said at Wednesday’s meeting. "Self governance is the most important right of the tribe."

As presented Wednesday, issues such as health care, the ability to freely practice their cultures and traditions, social equality, and access to higher education are just a few of the issues that have plagued Maine’s tribes since the acts were implemented.



Self-governance???? Does the tribe want the Federal, state and local governments to pay for their health care and higher education???? Self-governance????

Social equality??? Does this refer to a tax free status?
Posted by: grinch

Re: Tribal News - 10/12/07 04:41 PM

Here is the latest on the Onondaga Indian claim to land. It is a safe bet this claim will be dismissed at some level for the same reasons the Cayuga Claim was dismissed.



Onondaga land claim to be argued in federal court
10/11/2007, 12:05 a.m. ET
By MICHAEL HILL
The Associated Press


ALBANY, N.Y. (AP) — The Onondaga Indian Nation's claim to 4,000 square miles of land running down the middle of the state and comprising some of the largest cities in upstate New York was to be argued in court Thursday.

The central New York tribe filed claim in 2005 to a swath of land up to 40 miles wide running north to south from the St. Lawrence River to the Pennsylvania state line. They argue that New York state illegally took the land from them centuries ago.

New York, among other things, claims the Iroquois tribe waited to long to sue. The state will ask U.S. District Court Judge Lawrence Kahn to dismiss the claim, which includes the cities of Binghamton, Oswego, Syracuse and Watertown.

The Onondagas are not seeking monetary damages and insist they do not want to evict the roughly 875,000 residents of the disputed area. They say they want to spur a cleanup of Onondaga Lake, a waterway scared to the tribe, and other hazardous waste sites.

"There is no attempt to take people off their land and evict them," tribal attorney Joseph Heath said on the eve of arguments. "Our case is about healing."

Heath said that if tribal leaders get a judgment in their favor, they would hope to sit down with state officials to consider a range of options, such as a lease payment plan or a plan to help the Onondagas buy additional land from willing sellers.

While the Onondagas today maintain an 11-mile-square reservation south of Syracuse, they had been spread over much of what is now central New York centuries ago at the height of the Iroquois Confederacy.

The tribe claims the land — which they call their homeland "since the dawn of time" — was illegally taken by New York state through a series of five bogus treaties from 1788 through 1822.

The Onondagas say crucial treaties were signed by unauthorized representatives and that the land takings are in violation of the U.S. Constitution, the 1784 Treaty of Fort Stanwix and the 1794 Treaty of Canandaigua.

Lawyers for the state cite a land claim by the Cayuga Indians that was dismissed by a federal appeals court which found they waited too long to file. The U.S. Supreme Court let that decision stand.

New York also claims it is immune from the lawsuit under the Constitution unless the federal government joins as a plaintiff.

Heath said the tribe has had "promising" signs from federal officials, though they have yet to say whether they will sign on to the lawsuit.


Copyright 2007 Associated Press. All rights reserved.
This material may not be published, broadcast, rewritten, or redistributed.
© 2007 SILive.com All Rights Reserved.
Posted by: grinch

Re: Tribal News - 10/12/07 04:44 PM



Here are several articles from the Wall Street Journal pointing out problems with Indian Sovereignty and Indian Justice.

Indian Sovereignty is not workable and should be abolished.

There should be equal protection under the law no matter where you are within the 50 States that make up the USA.


http://online.wsj.com/article_email/arti...MjExMzIyWj.html

WSJ: People can't sue tribal governments
Friday, October 12, 2007
Filed Under:


After labeling the Indian Civil Right Act a "quirk" in federal law, the Wall Street Journal has found another one: tribal sovereign immunity.
The paper runs a page one story about the inability of people to sue tribal governments without the tribe's consent. Several people with claims against tribes don't feel comfortable with the tribal court system or would rather go through the state or federal system.
"You try the case in front of a judge who is picked by the tribe," says Stephen Embry, a Connecticut Attorney and past president of the Workers Injury and Law Advocacy Group. The paper says sucks conflicts of interest wouldn't be allowed in federal or state courts.
Tribal governments have immunity as an inherent attribute of their sovereignty. The U.S. Supreme Court has ruled that tribes cannot be sued without their consent or without an explicit waiver from Congress.

http://online.wsj.com/article_email/arti...MjExMTI2Wj.html
Posted by: Rich_Tallcot

Re: Tribal News - 10/17/07 04:05 PM

INDIAN BUTTS

Both federal and state laws are already in place, and the courts have reaffirmed their constitutionality. What we need now is a governor with the guts to enforce them. The result of not enforcing the law has transcended the issue of Native American sovereignty into an issue of national security.
http://www.nypost.com/php/pfriendly/prin...errors_take.htm
Posted by: grinch

Re: Tribal News - 10/21/07 06:58 AM

Dick: The outcome of the appeal concerning land into trust for the Narrangsett Tribe in RI may well spell out the future of land into trust for our area. The arguments that are briefly described in this article appear to have similarities to those that may be presented in the Cayuga matter. If the SC accepts this case and how they rule will be very interesting.

grinch


http://www.projo.com/news/content/Tribe_Appeal_10-19-07_H37HMUE.3f0cc6.html
Posted by: bluezone

Re: Tribal News - 10/21/07 06:40 PM

Quote:
...

The Onondagas are not seeking monetary damages and insist they do not want to evict the roughly 875,000 residents of the disputed area. They say they want to spur a cleanup of Onondaga Lake, a waterway scared to the tribe, and other hazardous waste sites.




If they want to spur a cleanup then assist the state rather rather then wasting time and money in court.


Quote:


"There is no attempt to take people off their land and evict them," tribal attorney Joseph Heath said on the eve of arguments. "Our case is about healing."

Heath said that if tribal leaders get a judgment in their favor, they would hope to sit down with state officials to consider a range of options, such as a lease payment plan or a plan to help the Onondagas buy additional land from willing sellers.




How can they say that they do not want monetary damages but want lease payments? Sounds the same to me but in a different form.
Posted by: grinch

Re: Tribal News - 10/21/07 07:02 PM

Just a different approach in an attempt to accomplish what the other tribes have not been able to do. I am of the opinion the claim is dead in the water before it gets to court. Laches will be the ruling which will halt this attempt at a land grab.
Posted by: bluezone

Re: Tribal News - 10/22/07 07:16 AM

When the land fails to go to trust then how will NY state be able to determine how much is owed in back taxes, sales taxes, property taxes from the gas, cig, casino profits over the years?
Posted by: grinch

Re: Tribal News - 10/22/07 02:53 PM

Here is another prime example why unregulated Indian Casinos should not be allowed. Right or wrong, take your pick, the man should have his day in court. Tribal Sovereignty will prevent that from happening. Judge the fairness of this for yourself. In my opinion it should proceed through the court system to insure fairness for both sides.

Stay tuned to Good Morning America for an airing of this argument.

Sunday, October 21, 2007

Sandia Jackpot Fight Sets Off Legal Row

By Leslie Linthicum
Copyright © 2007 Albuquerque Journal; Journal Staff Writer
Scenario No. 1: Gary Hoffman, happily playing the Mystical Mermaid nickel slot machine at Sandia Resort and Casino, spins another time and hits one of those jackpots gamblers dream of. The machine hoots and jingles and says he won nearly $1.6 million.
Hoffman's delight is short-lived, though, because the casino refuses to make good on the winnings and cheats him out of a life-changing windfall.
Scenario No. 2: Hoffman is happily playing that Mystical Mermaids machine at Sandia when he spins again and— too bad— his is not a winning spin. But, through a computer glitch, the machine goes haywire and erroneously says he won nearly $1.6 million— even though notice of its maximum payout for winners of $2,500 is displayed on the machine.
The machine is analyzed, the honest mistake is explained to Hoffman and, even though he didn't win the jackpot, he is offered $2,500 as a goodwill gesture.
Those two versions of events are at the core of a lawsuit in state District Court in Albuquerque— a dispute that includes as bonus spins the issue of tribal sovereignty and appearances on ABC's "Good Morning America."
Hoffman has sued Sandia for breach of contract and the state's unfair practices act. He wants three times his $1.6 million in damages and a jury trial.
The casino denies the lawsuit's allegations and also alleges Hoffman can't sue the casino, a tribal enterprise, in state court.
Hoffman's lawyer, San Bregman: "It's our belief that they cheated Mr. Hoffman out of $1.6 million and now they're claiming they're above the law and I think that that's outrageous."
Sandia's lawyer, Paul Bardacke: "This is a bogus lawsuit. He knew at the time that this was a malfunction and that this was an absurd and unjustified result. While the casino respects its customers, it's not going to pay bogus claims any time anyone threatens a lawsuit."

State-tribal compact
Bardacke says the state-tribal compact that governs gambling in New Mexico supports his point of view that Hoffman's case can't be heard in state court.
In the compact, approved last year, tribes waived their right to not be sued in other jurisdictions— known as sovereign immunity— in the case of personal injuries and property damages that occur in their casinos.
"This is a limited waiver and does not waive the tribe's immunity from suit for any other purpose," the compact says.
Bardacke knows the compacts well because he was hired by the state of New Mexico to negotiate their details with the gambling tribes.
He said he doesn't see any conflict between that role and his current one representing Sandia. "I was representing the state, and the state has no involvement in this matter."
Bardacke said a February New Mexico Supreme Court decision regarding claims against Isleta and Santa Clara pueblo's casinos upheld limiting state court lawsuits against the pueblos to personal injuries.
"If this machine fell over and hit Mr. Hoffman, then we would have no argument about being in state court," Bardacke said.
Bregman said he has read the compact language but doesn't agree with it.
"We, as a nation, we have settled our disputes in a courtroom and to say that he cannot have the benefit of a courtroom despite the fact that this is not a Native American traditional activity, it's just simply not fair," Bregman said. "He certainly should be able to avail himself of the laws of the state of New Mexico."
Bregman said courts have recognized a tribe's sovereign immunity defense in issues dealing with their lands and natural resources, but not in relation to nontraditional ventures.
He also contends that it is unreasonable for the casino to claim exception from state or federal courts because it pays the state a percentage of its winnings and pays taxes to the federal government. "They can't now all of a sudden say that this is a complete sovereign issue when they are intertwined extensively with the state and federal government," Bregman said.

Win or malfunction?
Similar disputes have occurred at casinos— tribal and non-tribal— all over the country, but they have mostly been settled outside a courtroom.
Bregman said he believes this case is a perfect vehicle for making law on an issue that potentially affects every person who walks into a casino and drops a dime. He envisions arguing this case years down the road before the United States Supreme Court.
Hoffman, a frequent player at Sandia and a member of its players club, had been playing the Mystical Mermaid machine for some time on Aug. 16, 2006, and had won 40 bonus rounds when the machine signalled a jackpot, according to Bregman. The retiree was understandably excited and, according to Bregman, he took a picture of the slot machine and its payout line: "$1,597,244.10."
According to Bregman, casino employees "basically said, sit down, we don't want you to have a heart attack, have some water."
Then, he said, "20 to 30 minutes later they took him into a back room and had a security guy walk up to him and say, 'You didn't win; that was a malfunction.' ''
Hoffman brought his dispute to the casino's gaming operation supervisor. The casino sent the machine, which is essentially a computer, to an independent lab for analysis, determined that it had a computer malfunction and denied Hoffman's claim, Bardacke said.
"We can prove that his last spin wasn't even a winning combination," Bardacke says. Counters Bregman, "If the machine malfunctioned, why (isn't Sandia) going after the manufacturer?"

Jurisdiction
Still dissatisfied, Hoffman sued in state court.
Bregman said Hoffman could not sue in Sandia Pueblo's tribal court because it does not allow non-Sandians to go before it. And, anyway, he said, Hoffman could not be guaranteed a fair hearing in tribal court because of the conflict of interest inherent in a court hearing a case involving its government.
Sandia Pueblo's general counsel David Mielke said the court is open to non-tribal members and accommodates conflict of interest concerns.
"Absolutely, we've had non-tribal members bring actions before and have even appointed outside judges to hear the cases where we think it's appropriate," Mielke said.
The machine, if it is working properly, shows its winnings in credits— nickels in the case of a nickel machine, according to Mielke. Its maximum payout— 50,000 credits— is advertised on the front of the machine as is a legal disclaimer: "Machine malfunction voids all plays and pays."
As for "Good Morning America"?
They were in Albuquerque on Friday, taping a segment on the dispute that is scheduled to air this week.
http://www.abqjournal.com/news/metro/604266metro10-21-07.htm
Posted by: grinch

Re: Tribal News - 10/22/07 03:30 PM

The New York Times weighs in with a strong opinion against Casino Gaming, particularly the Shinnecock Indian Nations plan to build at casino at Aqueduct Racetrack. The Shinnecock Indian Tribe bit off moe than they can chew when they threatened to build a casino in the Hampton's and their plans for Aqueduct racetrack. There is too much money and political power concentrated in those areas for them to succeed.

October 21, 2007
Long Island
The Wrong Track
The odds of the Shinnecock Indian Nation's building a casino at the Aqueduct Racetrack are long indeed. A tribal casino has to be on tribal land, and the Shinnecocks have no land in Queens. It also has to be run by a federally recognized tribe, which the Shinnecocks are not; their application for tribal status has not yet been approved. Although New York State has regarded the Shinnecocks as a bona fide tribe for generations, and a federal judge ruled in 2005 that the tribe deserved federal recognition, the Bureau of Indian Affairs is sticking to its own incredibly poky timetable for determining tribal status. Its decision on the Shinnecocks is not expected until at least 2014.
That is a long time to wait, and a long time to endure the games of brinkmanship and wheeler-dealing that have been played since the Shinnecocks first caught the casino bug several years ago. Their latest plan has an air of grandiose fantasy about it — revving up a dumpy racetrack with more than 10,000 slot machines, 350 gaming tables, 22,000 permanent jobs and $2 billion in revenue, about $400 million of it going to New York State. The fact that this putative gold mine would be in New York City, and not on Long Island's East End, is a critical part of the deal: give us an Aqueduct casino, the tribe said, and we will abandon plans to build a casino on 79 of our acres in Hampton Bays, where local opposition to the plan is fierce and deep.
Let's be clear: There should be no casino in New York City or the Hamptons, no matter who runs it. (Other companies are bidding for the Aqueduct gambling concession; the Shinnecocks' plan dwarfs the rest.) This page has long opposed the state's addiction to easy revenue plucked from gamblers' pockets. The state should not be expanding gambling at its racetracks — not with roulette wheels, blackjack and poker tables, and not with video lottery terminals, the euphemistically named slot machines that are a gambler's version of crack cocaine. There should be no casino deal with the Shinnecocks, no matter how large and tempting the promised kickbacks to state coffers.
Economic development is a separate issue; no one can argue against prosperity for the Shinnecock tribe, whose members have long struggled against poverty, drug abuse and limited opportunity. The tribe may find it hard to resist dreams of another Foxwoods or Atlantic City, and infuriating that its battle for dignity and self-determination is taking place against the backdrop of the East End, site of some of the more obscene extremes of wealth in America's second Gilded Age.
But gambling is an illegitimate route to wealth, particularly for the government of a tribe or a state. It strews too many losers by the roadside, and is fraught with hidden costs. The Shinnecocks should give up their long, divisive, and potentially fruitless wait for that one big score, and turn instead to more sustainable, less damaging means of development.

http://www.nytimes.com/2007/10/21/opinio...agewanted=print
Posted by: Rich_Tallcot

Re: Tribal News - 10/22/07 05:55 PM

Originally Posted By: bluezone
When the land fails to go to trust then how will NY state be able to determine how much is owed in back taxes, sales taxes, property taxes from the gas, cig, casino profits over the years?

The state is selectively not enforcing the sales and excise tax laws and gambling laws on fee simple property now. Until we get a governor that can do his job, that won't change.
Land the Oneida and Cayuga tribe have purchased is on land under state jurisdiction now. The state could shut down their operations and confiscate everything in them. They don't have to sue the tribes, which has sovereign immunity from lawsuits, to enforce the law.
As for property taxes, any lands that have trust applications for them without back taxes paid up will not be considered by the BIA anyway. I'll start the bidding at four cents an acre.
Posted by: bluezone

Re: Tribal News - 10/23/07 10:51 AM

What do you think is the reason that the cayugas had an employees name on the purchase offer for the land in varick?
Posted by: Rich_Tallcot

Re: Tribal News - 10/23/07 04:39 PM

I'm not aware of any reason why they would. Doesn't make sense to me, but they've used middlemen before to make purchases.
Posted by: Rich_Tallcot

Re: Tribal News - 10/23/07 05:35 PM

http://www.indianz.com/News/2007/005524.asp?print=1

Bush blasts Native Hawaiian self-determination bill
Tuesday, October 23, 2007

The White House on Monday slammed a bill to extend self-determination to Native Hawaiians, calling it divisive and unconstitutional.

The Bush administration has long opposed efforts to organize a Native Hawaiian governing entity. But the statement from the Office of Management and Budget marked first time the White House put its objections into writing.

"The administration strongly opposes any bill that would formally divide sovereign United States power along suspect lines of race and ethnicity," the White House said.
Posted by: bluezone

Re: Tribal News - 10/27/07 06:52 AM

Originally Posted By: Rich_Tallcot
I'm not aware of any reason why they would. Doesn't make sense to me, but they've used middlemen before to make purchases.


If things do not go their way then they will have a way out.
Posted by: grinch

Re: Tribal News - 10/31/07 03:13 PM

It would appear the predication made in an early post which stated: " The Shinnecock Indian Tribe bit off moe than they can chew when they threatened to build a casino in the Hampton's and their plans for Aqueduct racetrack. There is too much money and political power concentrated in those areas for them to succeed."

As expected the 2nd court of appeals has dismissed the law suit of the Shinnecock Indian Tribe and there will be no casino in the Hamptons. Take particular note of this as the Judge said the tribe lost their sovereignty to land in the Hamptons in the 17th Century and could no longer claim sovereignty over lands they have reacquired or will acquire in that area.

A quote from the decision rendered by the court today should be noted:

"But in a 129-page ruling, Judge Joseph F. Bianco said a disputed parcel outside the eservation is not sovereign territory. Though the tribe owns the "Westwoods" land in fee, it lost aboriginal title hundreds of years ago, the lengthy decision stated.

Bianco, a Bush appointee, said "the evidence overwhelmingly demonstrated in a plain and unambiguous manner that aboriginal title held by the Westwoods land was extinguished in the 17th century."

Yet even if aboriginal title still existed, Bianco said the tribe can't use the site for gaming due to the "highly disruptive consequences" of the proposed 61,000-square-foot casino. Nearly 20 pages of the opinion were dedicated to the impacts of gaming on the environment, traffic, health and safety.

To back up his reasoning, Bianco cited a recent U.S. Supreme Court case that has hurt several tribes as they pursue their land and sovereignty claims in New York. The Sherrill case required the Oneida Nation to go through the land-into-trust process before asserting sovereignty over properties within its ancestral reservation. "



"The 2005 decision of the United States Supreme Court in Sherrill set forth the legal framework under which a court must examine equitable doctrines in the context of an attempt by an Indian tribe to re-assert sovereignty over a parcel of land,Bianco wrote."

In my opinion: If and when the Cayuga matter goes to court over trust status for land purchased by the Cayuga, today's court decision will be cited as a precedent. The lawyers representing our area and the BIA should pay particular heed to this ruling and turn down the request for sovereignty over newly acquired lands purchased by the Cayuga.

Of course the Shinnecock will appeal but the odds are the ruling will stand.


Shinnecock Nation loses sovereignty bid
Wednesday, October 31, 2007
Filed Under: Law | Recognition

Citing the "disruptive nature" of the Shinnecock Nation's attempts to assert sovereignty, a federal judge on Tuesday blocked the New York tribe from opening a gaming facility on ancestral land.

The tribe has lived on Long Island for thousands of years. Its reservation, located in the heart of the wealthy enclave known as the Hamptons, is recognized by the state as sovereign land.

But in a 129-page ruling, Judge Joseph F. Bianco said a disputed parcel outside the eservation is not sovereign territory. Though the tribe owns the "Westwoods" land in fee, it lost aboriginal title hundreds of years ago, the lengthy decision stated.

Bianco, a Bush appointee, said "the evidence overwhelmingly demonstrated in a plain and unambiguous manner that aboriginal title held by the Westwoods land was extinguished in the 17th century."

Yet even if aboriginal title still existed, Bianco said the tribe can't use the site for gaming due to the "highly disruptive consequences" of the proposed 61,000-square-foot casino. Nearly 20 pages of the opinion were dedicated to the impacts of gaming on the environment, traffic, health and safety.

To back up his reasoning, Bianco cited a recent U.S. Supreme Court case that has hurt several tribes as they pursue their land and sovereignty claims in New York. The Sherrill case required the Oneida Nation to go through the land-into-trust process before asserting sovereignty over properties within its ancestral reservation.

The 2nd Circuit Court of Appeals has since used the decision to throw out a land claim by the Cayuga Nation and the Seneca-Cayuga Tribe. In his ruling, Bianco said Sherrill has "dramatically altered the legal landscape" of tribal claims.

"The 2005 decision of the United States Supreme Court in Sherrill set forth the legal framework under which a court must examine equitable doctrines in the context of an attempt by an Indian tribe to re-assert sovereignty over a parcel of land," Bianco wrote.

The ruling is the latest in a long series of roadblock the tribe has faced. Its petition for federal recognition has languished at the Bureau of Indian Affairs for more than 25 years, preventing the tribe from moving forward with gaming, economic development and other projects.

In November 2005, a federal judge declared the Shinnecocks a legitimate Indian tribe. But the Bush administration has refused to recognize the ruling and the tribe has since filed a lawsuit to force the BIA to take action.

In December 2006, another federal judge threw out the tribe's claim to 3,600 acres in Long Island. Judge Thomas C. Platt also cited the "disruptive" nature of the claim.

The tribe is taking the case to the 2nd Circuit Court of Appeals, which threw out the Cayuga land claim in June 2005 -- three months to the day after the Sherrill decision.

In hopes of resolving at least one of its battles, the Shinnecock Nation has offered to drop its Long Island casino plan in exchange for a contract at a state gaming facility near New York City. The tribe's plans call for a major casino-style resort in Queens.

The Shinnecocks are just one of several bidders for the project. The Seneca Nation of upstate New York, the Mashantucket Pequot Tribal Nation of Connecticut and the Mohegan Tribe of Connecticut have also submitted proposals.



http://www.indianz.com/docs/court/shinnecock/order112806.pdf

Posted by: justaxme

Re: Tribal News - 10/31/07 04:06 PM

Spitzer has turned out to be a major let down:

http://www.fingerlakes1.com/wireready/st...ound_150131.php

Sounds like he is more interested in party politics than helping restore NY. I will NEVER vote for him again. He's just the same old same old!!!
Posted by: Rich_Tallcot

Re: Tribal News - 10/31/07 11:31 PM

You're not the only one that got taken in by his lies. I didn't expect any different with the WS Oneida tribe flying him all over the country on one of their private jets to campaign fund raisers. Problem being is, the election was a choice between which one was worse.
Posted by: bluezone

Re: Tribal News - 11/01/07 07:52 AM

The convienence store owners should refuse to pay taxes until spitzer enforces the taxes on the tribes.

Better yet - why don't we all refuse to pay our taxes!

And when the tax man comes for our taxes then sue NY for discrimination.

Posted by: grinch

Re: Tribal News - 11/01/07 12:08 PM

Originally Posted By: bluezone
The convienence store owners should refuse to pay taxes until spitzer enforces the taxes on the tribes.

Better yet - why don't we all refuse to pay our taxes!

And when the tax man comes for our taxes then sue NY for discrimination.



Mmmmmmmmm.
Posted by: bluezone

Re: Tribal News - 11/02/07 04:10 AM

Originally Posted By: grinch
Originally Posted By: bluezone
The convienence store owners should refuse to pay taxes until spitzer enforces the taxes on the tribes.

Better yet - why don't we all refuse to pay our taxes!

And when the tax man comes for our taxes then sue NY for discrimination.




Mmmmmmmmm.


Would Spitzer respond then?
Posted by: bluezone

Re: Tribal News - 11/02/07 04:18 AM

Originally Posted By: grinch
... In his ruling, Bianco said Sherrill has "dramatically altered the legal landscape" of tribal claims.



... the Shinnecock Nation has offered to drop its Long Island casino plan in exchange for a contract at a state gaming facility near New York City. The tribe's plans call for a major casino-style resort in Queens.




All about the land or all about a casino?

casino.....



.
Posted by: bluezone

Re: Tribal News - 11/02/07 04:19 AM

And if Congress removed casino operations from the tribes then most of this would end.
Posted by: Rich_Tallcot

Re: Tribal News - 11/02/07 06:56 PM

http://www.spokesmanreview.com/tools/story_pf.asp?ID=217580

Thursday, November 1, 2007


Two Idaho tribes seek Montana bison hunt
Posted by: Rich_Tallcot

Re: Tribal News - 11/02/07 07:07 PM

http://www.silverbelt.com/articles/2007/11/01/apache_moccasin/apache02.txt

Apache Moccasin Thursday, November 01, 2007

Abuse of power and overwhelming injustices

Published: Wednesday, October 31, 2007
Posted by: Rich_Tallcot

Re: Tribal News - 11/02/07 07:20 PM

The way I read the new regs - it appears as though the Cayuga tribe would need a compact with the state to open the class 2 casinos it had open. And that's only IF we don't beat them in the courts over their trust applications.

http://www.tulsaworld.com/news/article.aspx?articleID=071102_1_A1_spanc70022


Tribes resist gaming changes

by: S.E. RUCKMAN World Staff Writer
11/2/2007

Indian gaming's top federal official said gaming tribes are resisting proposed new rules on bingo-based games that are intended to safeguard, not sanction, them.

National Indian Gaming Commission chairman Phil Hogen said in a phone interview Thursday that the proposed rules were drawing fire from many sides.

"We're drawing the line because the issue is so complicated," Hogen said. "Tribes say we've gone too far and states say you haven't gone far enough."
Posted by: grinch

Re: Tribal News - 11/05/07 03:58 PM

The article that follows can be found in todays addition of the Syr Post Standard.






Oneida land case in court Tuesday
Court of Appeals will decide whether nation's 17,370 acres are tax-exempt.

Monday, November 05, 2007
By Glenn Coin Staff writer

Lawyers will argue Tuesday in New York City on a case that could determine the uncertain status of Oneida Indian Nation land.
A ruling by the 2nd U.S. Circuit Court of Appeals could have repercussions on issues ranging from the nation's attempts to get liquor licenses to the nation's refusal to pay tens of millions of dollars in property taxes.


"I think it's very important. It's fundamental," said John Campanie, Madison County attorney. "We will have a much better understanding of where we stand after this."


At issue is whether Oneida and Madison counties can foreclose on Oneida nation land if the nation does not pay property taxes. The real debate goes beyond that, though, to the sovereignty of the Oneida nation and its 17,370 acres of land.


A ruling in the nation's favor would solidify its argument that it is exempt from about $50 million in property taxes the counties say the nation owes. A victory for the counties could allow them to seize Oneida nation land if the property taxes aren't paid and give them leverage in enforcing state and local laws on nation land.


There are other ramifications, too. The state Liquor Authority last month denied the nation's request to serve alcohol at its golf courses and nightclub because the status of the land was in doubt.


The 2nd Circuit's decision is likely to be final. Although either side can appeal the appeals court decision to the U.S. Supreme Court, the high court hears only a small percentage of those appeals.


On Tuesday, the counties will argue that U.S. District Judge David Hurd incorrectly applied a U.S. Supreme Court case when he ruled for the Oneidas in 2005. Hurd said the counties could not foreclose on nation land because of the nation's sovereignty as an Indian tribe. He also said the land owned by the nation sits within a 1788 reservation and that reservation still exists.
County officials argue that Hurd contradicted an earlier 2005 ruling by the U.S. Supreme Court. In a case involving the city of Sherrill, the high court said the nation could not assert sovereignty over land it had recently bought.


"We believe Judge Hurd has misinterpreted the decision of the Supreme Court in a fairly dramatic fashion," Campanie said. "We're obviously hopeful that the 2nd Circuit will see it the same way we see it."


The Oneidas have relied on Hurd's decision to maintain that their land is exempt from taxes and state and local laws.
Nation spokesman Mark Emery declined comment last week. Last year, Emery said that "the nation is satisfied with the decision from the federal district court."


In a separate case on Long Island last week, a different federal judge said Hurd was wrong in applying the Sherrill case. A Long Island judge, relying heavily on Sherrill, ruled that the Shinnecock Indian Nation could not build a casino in Southampton because the tribe could not invoke sovereignty over land.
David Vickers, president of Upstate Citizens for Equality, said he believes the appeals court will overturn Hurd's ruling.
"I expect to see some language in the 2nd Circuit decision reversing Judge Hurd that as a federal judge he has to follow the Supreme Court and not ignore it because of a personally held policy," Vickers said.


The case involves 98 parcels of Oneida nation land in Madison County and 280 parcels in Oneida County
Posted by: bluezone

Re: Tribal News - 11/06/07 07:11 AM

Originally Posted By: grinch



...(Hurd) He also said the land owned by the nation sits within a 1788 reservation and that reservation still exists...


The reservation still exists?????
Wrong!!!!!!!!!!

The buffalo chip will soon hit the dream catcher.
Will Ray be locked up for illegal operations and money laundering?

.
Posted by: bluezone

Re: Tribal News - 11/06/07 08:02 AM

California tribes wants the US government to rebuild its property after the fires.

Rain dance?
Posted by: bluezone

Re: Tribal News - 11/06/07 08:09 AM

Could it be that Spitzer is holding off on collecting taxes because he thinks that the court will rule against the tribes?
Posted by: grinch

Re: Tribal News - 11/07/07 03:56 PM

The court recently heard the case of whether or not the properties owned by the Oneida on which they have failed to pay their taxes can be auctioned off for back taxes.

They deffered a decision until the decisiion by the BIA to take their land into trust is resolved.

Nice maneuver there guys.

What in the world does trust status have to do with what the tribe owes on the land that has not been in trust? So what if the BIA takes land into trust, they still must pay the back taxes. The BIA said so them selves.

Just a guess, but it appears to me they would have had to rule against the Oneida. By so doing that might have caused Turning Stone to be shut down as an illegal gaming operation. They are hoping the BIA will take it into trust possibly giving them some other reason to make a "no decision".

End the thing, one way or the other, but do it now.



Posted by: bluezone

Re: Tribal News - 11/07/07 05:47 PM

Quote:


Posted by: bluezone

Re: Tribal News - 11/07/07 05:50 PM

Quote:


Posted by: bluezone

Re: Tribal News - 11/07/07 05:53 PM

Originally Posted By: grinch
The court recently heard the case of whether or not the properties owned by the Oneida on which they have failed to pay their taxes can be auctioned off for back taxes.

They deffered a decision until the decisiion by the BIA to take their land into trust is resolved.


Wonder if they would be as accomadating for other NY taxpayers that failed to paid their $50 million late tax bill?

I would guess the answer would be no.



.
Posted by: bluezone

Re: Tribal News - 11/07/07 06:02 PM

Originally Posted By: grinch


What in the world does trust status have to do with what the tribe owes on the land that has not been in trust?


I agree 100%

Quote:


So what if the BIA takes land into trust, they still must pay the back taxes. The BIA said so them selves.


Just a guess, but it appears to me they would have had to rule against the Oneida. By so doing that might have caused Turning Stone to be shut down as an illegal gaming operation. They are hoping the BIA will take it into trust possibly giving them some other reason to make a "no decision".

End the thing, one way or the other, but do it now.



The writing is on the wall. Pay the late tax bill or foreclose.



.
Posted by: bluezone

Re: Tribal News - 11/14/07 09:47 AM

Spitzer -
Posted by: bluezone

Re: Tribal News - 11/20/07 07:34 PM

Okla- how is that auburn casino coming along?
Posted by: Rich_Tallcot

Re: Tribal News - 12/08/07 09:32 AM

Is John Collier's Dream Alive and Well?

It was April 1933 that John Collier was sworn in as Indian Commissioner, became a part of the FDR administration and was the beginning of the establishment of the Indian "New Deal". Collier's previous endeavors had focused on the social problems of the time. He was greatly influenced by his study of the works of the Russian anarchist, Peter Kropotkin, who rejected the ideas of competition and survival of the fittest and favored a classless society based on mutual aid between its members. Collier was also greatly influenced by the fact that his lawyer/banker father had been involved in a financial scandal that resulted in his father's suicide and his mother, very distressed over her husband's scandal, died as a result of addiction to relaxants. This led Collier to reject the system that had led to his parent's downfall and influenced the rest of his life. Kenneth Philp, in his book on the life of John Collier, states that "[Collier] vowed not to seek 'any success in the society' that had led to his parent's downfall."

It was a natural then that Collier became involved in social work with the Peoples Institute in New York City where he worked with recent immigrants to the United States. He came to the conclusion that capitalism, that focused on the creation of wealth, was destroying the fabric of society. His attempts to mold the immigrants he worked with by directing their leisure in the direction he thought they should go, was greatly influenced by his admiration of the methods the Bolsheviks used to influence the peasants. Philp makes the statement that "Collier favored censorship and municipal ownership of amusement places so films would concentrate on the universal strivings of mankind, thus raising the level of the working class...Collier believed that the Bolsheviks 'had provided the most important single sociological experiment of our time' in their effort to revive community life..."

Statements such as these, at a time that a nationwide fear of Communists was developing, resulted in Collier coming under the surveillance of the Justice Department and eventually to his departure for the wilderness of Mexico. En route, however, he ended up in Taos, New Mexico, became enthralled with the Pueblo culture and Indian life in general, and abandoned his plan to escape to Mexico.

In his association with the Taos Pueblo culture, Collier saw in practice what he had come to believe, that an association in which individuals are oriented to the large association, as much if not more than to their own self-interest, is superior to an association in which the individual is more important than the association of which he is a part. Philp states that "Collier concluded that Pueblo culture, and tribal life in general, must survive, not only in justice to the Indian but in service to the white."

So it was with this background that Collier accepted the appointment, which he had campaigned for, as Indian Commissioner. He realized, however, that the Dawes Land Allotment Act was in direct opposition to his dream of the communal system he envisioned and that he hoped would become a model that all of America would eventually adopt.

He set the wheels in motion to write an omnibus bill that would replace the Dawes Act and accomplish his dream of re-establishing the tribal way of life. The resulting bill was introduced in mid-February 1934 by Congressman Edgar Howard of Nebraska and Senator Burton Wheeler of Montana and became known as the Wheeler-Howard Bill.

Collier was no doubt disappointed by the opposition to his romantic plan which he had expected would get general approval. His plan was opposed not only by many Congressmen and missionaries but also by some of the Interior Department staff. Perhaps most dismaying to Collier was the lack of approval by many Indian tribes who for various reasons opposed his plan. While there is no doubt that many Indians lost their allotments due to either shrewd, and sometimes unscrupulous, business deals, others were happy with and proud to be land owners and part of the melting-pot philosophy of this new nation.

Collier ignored their warnings and was undeterred in promotion of his social experiment. Even after many amendments, after cross-country meetings to explain the bill, after requesting and getting the support of President Roosevelt, after threats of dismissal to staff members and even opposition to some parts of the bill by its original sponsors, the bill, now only 10 pages of the original 48, was passed by Congress and signed into law by President Roosevelt on June 18, 1934, and became known as the Indian Reorganization Act.

The IRA, which in current times is claimed to be the authorization for the fee-to-trust process, solved some problems with Indian policy but created even more, just as Senator Wheeler feared. It paved the way for the AIM movement to become a force in federal Indian policy and allowed the Nixon administration to make changes that continue to divide rather than unite our nation.

Fast forward to 2007, with the passage of the Hawaiian Recognition Bill in the U.S. House which we should point out was co-sponsored by Senator Norm Coleman of Minnesota, which if passed into law would effectively erase the melting-pot image of Hawaii in favor of tribalism. So is John Collier’s dream of a tribal society for America still alive?

While many of our previous presidents have viewed Federal Indian Policy as a temporary measure, it appears to be in line for expansion if Senator Hillary Clinton were to be successful in her bid for the presidency. Senator Clinton, in a speech delivered Nov. 1, 2007 at Wellesley College detailed a platform of support for tribal sovereignty, support of a government-to-government relationship and support of the federal trust responsibility toward tribes.

Philp, in summarizing his study of the life and crusade of John Collier, makes the statement that, "the Indian Reorganization Act was a flawed product that failed to meet the needs of a diversified population." Apparently Senator Akaka, Senator Coleman and Senator Clinton among others are still pursuing John Collier’s dream with their promotion of a tribal society.

The historical data used in this paper comes from the book entitled, "John Collier's Crusade for Indian Reform 1920-1945", by Kenneth R. Philp, with its exhaustive bibliography.

Clare Fitz, Chairman
Mille Lacs Equal Rights Foundation
Wahkon, MN 56386

Clare is a fellow CERA Board member
Posted by: bluezone

Re: Tribal News - 12/09/07 11:38 AM

Originally Posted By: Rich_Tallcot
...While many of our previous presidents have viewed Federal Indian Policy as a temporary measure, it appears to be in line for expansion if Senator Hillary Clinton were to be successful in her bid for the presidency. Senator Clinton, in a speech delivered Nov. 1, 2007 at Wellesley College detailed a platform of support for tribal sovereignty, support of a government-to-government relationship and support of the federal trust responsibility toward tribes.


Maybe Hillary should run to be a "chief" of one of the tribes.
As she does not protect the interests of NY taxpayers.


Look the other way Hillary when the tribes run illegal businesses.
Posted by: bluezone

Re: Tribal News - 12/12/07 10:49 AM

Daily Policy Digest

State & Local Issues / State & Local taxes

Tuesday, January 13, 2004

Once a gambling enriched-tribe acquires land, the new "reservation" becomes a sovereign nation, exempt from all local and state laws, zoning ordinances, labor rules, environmental reviews, and American rules of due process and fair play in law enforcement, says Jan Golab. In addition, the "reservation" and business built on it, including a casino, has complete tax exemption. This policy erodes the local tax base and reduces government revenues.

Because of the numbers of casinos established in California, this poses a serious problem for the state's struggling economy:


In 2002, revenues from newly built casinos in California soared to $5 billion per year -- but the casinos paid virtually nothing to the state.
The Supreme Court has ruled that Indians must collect sales tax from customers who are not Indians, but nearly all tribal businesses ignore this rule, resulting in the undercutting of competing non-Indian businesses.
Although they pay little in taxes, gaming tribes seek to influence the political process -- spending over $120 million to push their candidates and ballot initiatives in recent years. That is more than George W. Bush spent nationwide to be elected President.

The impact is just as grave in other states, says Golab:


In Oklahoma, $580 million in annual sales and property taxes are lost to Indians in the state.




New York lost $895 million in 2002 by failing to collect taxes on cigarettes sold by Indians.




Because of the erosion of state and local tax base, Gov. Arnold Schwarzenegger has taken on the Indian gaming industry in California and is asking that they contribute 25 percent of their earnings to the state, or approximately $1 billion.

Source: Jan Golab, "Arnold Schwarzenegger Girds For Indian War," American Enterprise, January/February 2004, American Enterprise Institute.

For more on American Enterprise
http://www.taemag.com

For more on State & Local taxes
Posted by: Rich_Tallcot

Re: Tribal News - 12/20/07 04:16 PM

Lakota group pushes for new nation
Source: http://www.argusleader.com
Date: Thursday, December 20 @ 06:43:02 AM PDT
Topic: Tribal Government


A group of "freedom-loving" Lakota activists announced a plan Wednesday for their people to withdraw from treaties their forefathers signed with the U.S. government.

Headed by leaders of the American Indian Movement, including activist, actor and Porcupine resident Russell Means, the group dropped in on the State Department and the embassies of Bolivia, Venezuela, Chile and South Africa this week seeking recognition for their effort to form a free and independent Lakota nation. The group plans to visit more embassies in the coming months.

The new nation is needed because Indians have been "dismissed" by the United States and are tired of living under a colonial apartheid system, Means said during a news conference held at Plymouth Congregational Church in northeast Washington. He was accompanied by a bodyguard and three other Lakota activists - Gary Rowland, Duane Martin and Phyllis Young, all of South Dakota.

"I want to emphasize, we do not represent the collaborators, the Vichy Indians and those tribal governments set up by the United States of America to ensure our poverty, to ensure the theft of our land and resources," Means said, comparing elected tribal governments to Nazi collaborators in France during World War II.

Rodney Bordeaux, chairman of the Rosebud Sioux Tribe, said his community has no desire to join the breakaway nation. Means and his group, which call themselves the Lakota Freedom Delegation, have never officially pitched their views to the Rosebud community, Bordeaux said.

"Our position on that is we need to uphold the treaties, and we're constantly reminding Congress of that message," Bordeaux said. "We're pushing to maintain and to keep the treaties there because they're the basis of our relationship with the federal government."

http://www.nativebiz.com/community/News,file=article,nid=17397.html
Posted by: Rich_Tallcot

Re: Tribal News - 12/20/07 04:18 PM

FOX News

Lakota Indians Withdraw Treaties Signed With U.S. 150 Years Ago
Thursday , December 20, 2007

WASHINGTON —

The Lakota Indians, who gave the world legendary warriors Sitting Bull and Crazy Horse, have withdrawn from treaties with the United States.

"We are no longer citizens of the United States of America and all those who live in the five-state area that encompasses our country are free to join us,'' long-time Indian rights activist Russell Means said.

A delegation of Lakota leaders has delivered a message to the State Department, and said they were unilaterally withdrawing from treaties they signed with the federal government of the U.S., some of them more than 150 years old.

The group also visited the Bolivian, Chilean, South African and Venezuelan embassies, and would continue on their diplomatic mission and take it overseas in the coming weeks and months.

Lakota country includes parts of the states of Nebraska, South Dakota, North Dakota, Montana and Wyoming.

The new country would issue its own passports and driving licences, and living there would be tax-free - provided residents renounce their U.S. citizenship, Mr Means said.

The treaties signed with the U.S. were merely "worthless words on worthless paper," the Lakota freedom activists said.

Withdrawing from the treaties was entirely legal, Means said.

"This is according to the laws of the United States, specifically article six of the constitution,'' which states that treaties are the supreme law of the land, he said.

"It is also within the laws on treaties passed at the Vienna Convention and put into effect by the US and the rest of the international community in 1980. We are legally within our rights to be free and independent,'' said Means.

The Lakota relaunched their journey to freedom in 1974, when they drafted a declaration of continuing independence — an overt play on the title of the United States' Declaration of Independence from England.

Thirty-three years have elapsed since then because "it takes critical mass to combat colonialism and we wanted to make sure that all our ducks were in a row,'' Means said.

One duck moved into place in September, when the United Nations adopted a non-binding declaration on the rights of indigenous peoples — despite opposition from the United States, which said it clashed with its own laws.

"We have 33 treaties with the United States that they have not lived by. They continue to take our land, our water, our children,'' Phyllis Young, who helped organize the first international conference on indigenous rights in Geneva in 1977, told the news conference.

The U.S. "annexation'' of native American land has resulted in once proud tribes such as the Lakota becoming mere "facsimiles of white people,'' said Means.

Oppression at the hands of the U.S. government has taken its toll on the Lakota, whose men have one of the shortest life expectancies - less than 44 years - in the world.

Lakota teen suicides are 150 per cent above the norm for the U.S.; infant mortality is five times higher than the U.S. average; and unemployment is rife, according to the Lakota freedom movement's website.
Posted by: bluezone

Re: Tribal News - 12/22/07 11:02 AM

Does this mean that taxpayer dollars will not be spent on this tribe any longer?

They will not vote in our elections?

That they cannot run for any US office?

...
Posted by: Rich_Tallcot

Re: Tribal News - 12/22/07 11:26 PM

Originally Posted By: bluezone
Does this mean that taxpayer dollars will not be spent on this tribe any longer?

They will not vote in our elections?

That they cannot run for any US office?

...


No - unfortuately the real Lakota Government is still sucking up to the feeding trough. This is just a handful of old AIM activists and a slow news day.
Posted by: The Lizzard King

Re: Tribal News - 12/23/07 10:50 AM

I cant help but notice the lack of interest in this here thread.I think its time for the UCE to have another one of those parades.isnt that the parade that has a car/truck with a missile on top of it?you would think that all the people that live in land claim area would be burning up this thread.come on rich rally the people!,....
Posted by: Rich_Tallcot

Re: Tribal News - 12/23/07 04:07 PM

When did you notice this lack of interest? Was it after the eight thousand seven hundred seventy first view? There have only been comments on about six threads in this whole county forum this month. This thread and the settlement thread have basically broken all records. And WHAT land claim? The Cayuga claim was thrown in the garbage in June of 2005. The elections have replaced more opponents with supporters and any member online can stay in contact through e-mail.
Posted by: Okla.ndn

Re: Tribal News - 12/24/07 12:15 PM

Would they be doing this if the USA had done what was promised? The treaties signed with the U.S.were merely "worthless words on worthless paper,"
Posted by: bluezone

Re: Tribal News - 12/24/07 01:21 PM

Originally Posted By: Okla.ndn
Would they be doing this if the USA had done what was promised? The treaties signed with the U.S.were merely "worthless words on worthless paper,"


Okla is back.

You are looking at the picture from the wrong position.

You fail to realize ALL that the US has done/given for the tribes that were not part of any treaty.

You say that you want the land back. There are many tribes that have hundreds of acres of land but yet they still live in poverty. It is not about the land it is about casinos, tax free cigs, tax free gas... and operating above the laws.

Do you realize that many US citizens/veterans have fought and died to maintain the land that is the US?

Will you compensate all the soldiers that have fought/been wounded/killed in the wars to protect this land that you now want the US to give back? And you want people to forget that?

There have been hundreds of Trillions of dollars spend to protect this land for the past 200 years and you want people to forget that?

Will you compensate the US for all this money spent to protect this land?

So the question is - if land is presented to the tribes will they be self-sufficient?


Highly unlikely.
Posted by: bluezone

Re: Tribal News - 12/24/07 01:44 PM

Daily Policy Digest

State & Local Issues / State & Local taxes

Tuesday, January 13, 2004

Once a gambling enriched-tribe acquires land, the new "reservation" becomes a sovereign nation, exempt from all local and state laws, zoning ordinances, labor rules, environmental reviews, and American rules of due process and fair play in law enforcement, says Jan Golab. In addition, the "reservation" and business built on it, including a casino, has complete tax exemption. This policy erodes the local tax base and reduces government revenues.

Because of the numbers of casinos established in California, this poses a serious problem for the state's struggling economy:


In 2002, revenues from newly built casinos in California soared to $5 billion per year -- but the casinos paid virtually nothing to the state.
The Supreme Court has ruled that Indians must collect sales tax from customers who are not Indians, but nearly all tribal businesses ignore this rule, resulting in the undercutting of competing non-Indian businesses.
Although they pay little in taxes, gaming tribes seek to influence the political process -- spending over $120 million to push their candidates and ballot initiatives in recent years. That is more than George W. Bush spent nationwide to be elected President.

The impact is just as grave in other states, says Golab:


In Oklahoma, $580 million in annual sales and property taxes are lost to Indians in the state.




New York lost $895 million in 2002 by failing to collect taxes on cigarettes sold by Indians.




Because of the erosion of state and local tax base, Gov. Arnold Schwarzenegger has taken on the Indian gaming industry in California and is asking that they contribute 25 percent of their earnings to the state, or approximately $1 billion.

Source: Jan Golab, "Arnold Schwarzenegger Girds For Indian War," American Enterprise, January/February 2004, American Enterprise Institute.

For more on American Enterprise
http://www.taemag.com

For more on State & Local taxes
http://www.ncpa.org/iss/sta/

-----------------------------------------------------------------
-----------------------------------------------------------------




Okla - The Billion+ dollars that the tribes profit from in NY each year is far more money than the land was worth.

Not sure what reason you have to complain when you have been paided over and over for the same land.


Posted by: Rich_Tallcot

Re: Tribal News - 12/24/07 05:24 PM

Originally Posted By: Okla.ndn
Would they be doing this if the USA had done what was promised? The treaties signed with the U.S.were merely "worthless words on worthless paper,"


Merry Christmas Okla.

Short answer - YES.

Long answer, YES because the only treaties pertaining to this between the Cayuga tribe and the feds were the Treaty of Canandiagua (which acknowledged the treaties between the tribes and the state) and Treaty of Buffalo Creek (in which the tribes agreed to relocate and got paid for it).


Detailed answer: "who have the right to sell to the people of the United States, who have the right to purchase". You sold, we purchased the same land eight times.

We don't agree, but being that the higher courts didn't rule on the merits of the case, we will always just disagree.
Posted by: bluezone

Re: Tribal News - 12/26/07 09:52 AM

Originally Posted By: Rich_Tallcot



Detailed answer: "who have the right to sell to the people of the United States, who have the right to purchase". You sold, we purchased the same land eight times.


That is correct.
Posted by: justaxme

Re: Tribal News - 12/26/07 04:06 PM

A politician giving in to special interest. Boy that's a shocker. I never saw that coming!!

It's only going to get worse. These clowns have NO CLUE how to create REAL jobs!!! But if you want to deal Blackjack or clean rooms, you'll do just fine in NEW YORKS NEW ECONOMY!!!
Posted by: bluezone

Re: Tribal News - 12/28/07 08:08 AM

Okla-

Did you and sworldt give up on your Auburn casino?

Posted by: sworldt

Re: Tribal News - 12/28/07 09:57 AM

BZ: One simple answer. If the S.C. or ANYONE regardless of race would bring a viable and major development to my area i would at least listen and if good for all sides would advocate for it.

I would NOT say no based on race unlike yourself. I don't care about fighting i care about finding a way to rejuvinate my area period. Personaly i don't care if they are little green men.

Btw why don't you find a newer article. Keep the hate going at all costs is what drives you.Move on BZ i have and so hasn't most people.

And yes i still live on Columbus St.
Posted by: Rich_Tallcot

Re: Tribal News - 12/28/07 10:02 PM

Hello Sworldt: Keep hanging in there. It may be a few years before one of us has to buy the other a steak dinner.
Posted by: sworldt

Re: Tribal News - 12/29/07 10:37 AM

Hello Dick: I'm sorry but you lost me. Where did the steak dinner come from?
Posted by: Rich_Tallcot

Re: Tribal News - 12/29/07 12:39 PM

Originally Posted By: sworldt
Hello Dick: I'm sorry but you lost me. Where did the steak dinner come from?

On the Syracuse forum I have a steak dinner bet with Auburnian. I was thinking you were Auburnian. It must be my mistake. Scary to think that you and someone else think exactly alike. LOL Have a happy New Year.
Posted by: sworldt

Re: Tribal News - 12/29/07 02:00 PM

No problem Dick. BTW there are alot of people who would prefer to make money than to spend it. There called tax payers. Oh maybe you don't understand cause the UCE is TAX EXEMPT.
Have a good New Year
Posted by: bluezone

Re: Tribal News - 12/30/07 10:47 AM

Originally Posted By: sworldt
BZ: One simple answer. If the S.C. or ANYONE regardless of race would bring a viable and major development to my area i would at least listen and if good for all sides would advocate for it.



Viable and major development. Does this development have to be legal?

Originally Posted By: sworldt


I would NOT say no based on race unlike yourself. I don't care about fighting i care about finding a way to rejuvinate my area period. Personaly i don't care if they are little green men.



The tribe is the one basing it on race. If the tribe wants to build a business they are more then welcome. Must be legal and obey NY laws.
Why is it that the businesses that the tribes migrate to are tax free gas, tax free cigs and casinos?
There are many other opportunities available.
The unemployment rate in auburn is around 4% as of Nov from the DOL.
A local economy with only 4% unemployment is far stronger than you realize. Out of a pool of 100 workers there are 96 people employed and only 4 that are not.
I posted job openings before when you said the area needed jobs and showed you that there are many many jobs available if one looks.



Originally Posted By: sworldt

Btw why don't you find a newer article.



There are new posters to this forum and the article gets buried. Do you find that the article is lacking any truth?


Originally Posted By: sworldt

Keep the hate going at all costs is what drives you.


No hate - just see past the con game.

Originally Posted By: sworldt

Move on BZ i have and so hasn't most people.


Have the tribes moved on or do we all still have to pay title insurance on our property due to the land claims?

Will the tribes reimburse all the property owners for their title insurance fees for the past 20 years as the tribes have lost in court?

Wonder how many businesses either moved or did not locate in NY due to the land claims?



Posted by: bluezone

Re: Tribal News - 12/30/07 10:54 AM

Originally Posted By: sworldt
...There called tax payers.



except for the tribes.

Originally Posted By: sworldt


Oh maybe you don't understand cause the UCE is TAX EXEMPT.
Have a good New Year


When the UCE drains out 1 TRILLION tax dollars a year from NY....





.
Posted by: bluezone

Re: Tribal News - 12/30/07 10:58 AM

Originally Posted By: sworldt
BZ: One simple answer...


I remember Okla saying that he was going to build a museum on the land in NY but since the casino is a distant mirage then I guess he has no interest in the land in NY.

Was it about the land or the casino?
Posted by: Rich_Tallcot

Re: Tribal News - 12/30/07 03:20 PM

http://www.buffalonews.com/home/story/238843.html

Casino no jackpot for Falls
Neighborhoods show little sign of benefit
By Denise Jewell Gee and Bill Michelmore - NEWS NIAGARA BUREAU
Updated: 12/29/07 7:57 AM

At night, the Seneca Niagara Casino & Hotel stands out as the brightest light on the Niagara Falls horizon.

But when it comes to stimulating activity in the surrounding neighborhoods, the casino complex casts a less impressive glow.
Since opening five years ago on New Year's Eve, the casino has become a city within a city. Today, a sprawling gambling floor is surrounded by a 604- room hotel, health spa and salon, six restaurants, four bars, a 2,200-seat events center and a variety of stores.

The 24 acres has just about everything one needs for entertainment, pleasure and nourishment, so it's no wonder the 8 million visitors a year mainly stay inside the complex.

Outside, on the blighted streets of Niagara Falls' inner city, many say the Seneca complex has been better at stifling growth than stimulating it.

Anyone who believes the Seneca casino planned for Buffalo's Cobblestone District will jump-start a dying downtown ought to take a look at the blocks that circle the gambling operation in Niagara Falls, critics say.

“You could build a wall around the casino and the hotel for all the good they do for neighboring businesses,” said Buffalo developer Carl A. Paladino, who is trying to redevelop the second-tallest building in Niagara Falls, a block from the casino.

Casino supporters point to the benefits: The City of Niagara Falls will receive $23 million this year alone in slot machine revenue from the Seneca Nation of Indians; the casino and hotel employ more than 2,900 people, more than two-thirds of whom live in Niagara and Erie counties; last year alone, the Seneca Gaming Corp.'s payroll for its Niagara Falls complex was more than $76 million.

But it's hard to see much of a spillover effect if you walk outside the casino two blocks in any direction, where houses are boarded up and businesses are struggling to survive.

The article is much longer - click on the url to read it all
Posted by: Rich_Tallcot

Re: Tribal News - 12/30/07 03:22 PM

HAVE CASINO SIGN - WILL TRAVEL - LOL

Tribe wants to put land for proposed casino in trust

Associated Press - December 29, 2007 12:25 PM ET
GROVE, Okla. (AP) - The Seneca-Cayuga Tribe has asked the federal Bureau of Indian Affairs to place into trust status land the tribe wants to use to build a proposed casino.

The move represents a shift for the tribe, which had said publicly for months that trust status for the land would not be necessary because it falls within the tribal historical jurisdictional area.

Under federal law, any land that a tribe intends to use for a casino must be put into trust.

The Miami-based tribe bought the 33-acre tract near Sail Boat Bridge west of Grove for more than $1 million. Plans are to build a 100,000-square-foot lakefront casino on the land.

The casino would cost $60 million to build and would have about 1,000 gambling machines. It would employ about 450 people and include a five-story hotel with 125 rooms, three restaurants and a convention center.

Information from: The Oklahoman, http://www.newsok.com
Posted by: sworldt

Re: Tribal News - 12/30/07 08:18 PM

BZ: easy don't have a melt down. Truth does hurt doesn't it? Spin baby Spin. The UCE are tax dodgers. Complaining of others who are tax exempt.So in your eyes it's okay to dodge taxes as long as it is just a little. Seems i only advocated for development with the S.C. would you mind showing where they drained a trillion dollars.

BZ goes postal. lol
Posted by: bluezone

Re: Tribal News - 12/31/07 08:35 AM

Originally Posted By: sworldt
BZ: easy don't have a melt down.


????? doing fine here pal. No melt down.........


Originally Posted By: sworldt

Truth does hurt doesn't it? Spin baby Spin.


No need for me to spin as I am not the one looking for a casino.


Originally Posted By: swordlt
The UCE are tax dodgers.


And how much has the UCE cost NY?

It appears that the tribe wanted over a Billion dollars for their land claim but the Supreme Court shut that down.


One could conclude that the Taxpayers and the UCE saved NY $1.75 Billion by standing up to the tribes land claim.



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Page 13
On their cross-appeal, the Cayugas ask that $1.75 billion, the full and correct amount of pre-judgment interest on the small mesne profits allowed, be awarded. In addition, they request actual ejectment, restoring them to their land.


--------------------------------------------------------------


Originally Posted By: sworldt
Complaining of others who are tax exempt.



The tribes are not tax exempt on all levels but still refuse to pay.


Originally Posted By: sworldt

So in your eyes it's okay to dodge taxes as long as it is just a little.


You tell your tribe and all other tribes in NY to pay their overdue taxes and then there will be no need for the UCE.

Originally Posted By: sworldt

Seems i only advocated for development with the S.C.


And why ONLY the S.C. are you racists against the other tribes?
(or is your wife only a member of the SC?)



Originally Posted By: sworldt

would you mind showing where they drained a trillion dollars.


tribeS not tribe...........

And when will Okla build his museum in NY?



.
Originally Posted By: sworldt
BZ goes postal. lol


Far from postal. Just pointing out the facts.


.
Posted by: sworldt

Re: Tribal News - 12/31/07 11:39 AM

BZ: You wouldn't know a fact if it bite you in the as-. For one example my wife is NOT A MEMBER of any tribe. 2nd you already said 1 billion was drained now you claim you saved the tax payers $1.75 Billion .Which is it? I won't bother going on.As i said you wouldn't know a fact if you had to.But this is a free country so spew all you want.

BTW i also am NOT A MEMBER of any tribe,just a poor tax payer getting tired of increasing taxes and lack of jobs for our young people.If you and the UCE truly want to do us a favor.Why not go after a real problem. One that comes to mind is the N.A.F.T.A. act. that has cost this country millions of jobs and billions in lost economy.Now that even i would get on board with.

Got to go the fish are bitting.
Posted by: bluezone

Re: Tribal News - 01/02/08 08:53 AM

Originally Posted By: sworldt
BZ: You wouldn't know a fact if it bite you in the as-. For one example my wife is NOT A MEMBER of any tribe.


Is she not indian?

Originally Posted By: sworldt

2nd you already said 1 billion was drained


Over 1 billion is not paid by the tribes per year to NY state for taxes.


Originally Posted By: sworldt


now you claim you saved the tax payers $1.75 Billion .


Did the tribe not seek $1.75 billion for the land claim?
Has the land claim been thrown out by the court?


Are your taxes not increased when the tribes refuse to pay their share?

.
Posted by: sworldt

Re: Tribal News - 01/03/08 12:29 PM

BZ: As i said you twist everything untill it is no longer fact. You will NOT drag me into an argument to keep your agenda alive. As i also said i'v moved on. I will not play your game. bye bye

BTW you have a good life
Posted by: bluezone

Re: Tribal News - 01/04/08 09:13 AM

Originally Posted By: sworldt
BZ: As i said you twist everything untill it is no longer fact. You will NOT drag me into an argument to keep your agenda alive. As i also said i'v moved on. I will not play your game. bye bye

BTW you have a good life


If a individual is an indian they need not be part of a tribe.

Why did you post a survey about your kids being "bothered" in school?


.
Posted by: Rich_Tallcot

Re: Tribal News - 01/04/08 06:05 PM

Two Sullivan County casinos and trust land status was denied by Secretary of Interior Dirk Kempthorne for Monticello Raceway and at Bridgeville.

He refused to grant trust land status to the St. Regis Mohawks and the Stockbridge Munsee tribes.

Influenced and ignorant politicians in the Catskill area put on a good show of disappointment.
Posted by: Rich_Tallcot

Re: Tribal News - 01/04/08 06:22 PM

More good news: the Department of the Interior today issued letters to 22 separate tribes with pending applications to take land into trust.

o 11 tribes were informed that the Department of the Interior will not exercise its discretionary authority to take respective properties into trust.

o 11 other tribes were informed that their applications lacked complete information and cannot be acted upon by the Office of Indian Gaming.

The tribes were begging for final decisions, now they have them.
Posted by: Rich_Tallcot

Re: Tribal News - 01/05/08 07:09 AM

Out of the 11 tribes that were DENIED are included:

Seneca Cayuga of Oklahoma, Miami, Oklahoma, Montezuma Parcel, 230 acres, Cayuga County, New York, 1500 miles from reservation
(awe - poor poor Okla)

St. Regis Band of Mohawks, Monticello Raceway, Monticello, NY, Sullivan County, 29.3 acres, 350 miles from reservation

Stockbridge Munsee of Wisconsin, Bowler, Wisconsin, Town of Thompson, NY, Sullivan County, 333 acres, 457 miles from reservation

Do NOT read anything more into this than what it states. i.e.: The New York Cayuga tribe's trust application

Tribes pushing for class III casinos were put on the fast track and politicians like Schumer and Spitzer were pushing hard to get an answer one way or the other. Well, they got their anwser.
Posted by: bluezone

Re: Tribal News - 01/05/08 07:33 AM

Originally Posted By: Rich_Tallcot
HAVE CASINO SIGN - WILL TRAVEL - LOL

Tribe wants to put land for proposed casino in trust

Associated Press - December 29, 2007 12:25 PM ET
GROVE, Okla. (AP) - The Seneca-Cayuga Tribe has asked the federal Bureau of Indian Affairs to place into trust status land the tribe wants to use to build a proposed casino.

The move represents a shift for the tribe, which had said publicly for months that trust status for the land would not be necessary because it falls within the tribal historical jurisdictional area.

Under federal law, any land that a tribe intends to use for a casino must be put into trust.

The Miami-based tribe bought the 33-acre tract near Sail Boat Bridge west of Grove for more than $1 million. Plans are to build a 100,000-square-foot lakefront casino on the land.

The casino would cost $60 million to build and would have about 1,000 gambling machines. It would employ about 450 people and include a five-story hotel with 125 rooms, three restaurants and a convention center.

Information from: The Oklahoman, http://www.newsok.com



Okla- where is that museum that you were going to build?



.
Posted by: bluezone

Re: Tribal News - 01/05/08 07:35 AM

Originally Posted By: Rich_Tallcot
Two Sullivan County casinos and trust land status was denied by Secretary of Interior Dirk Kempthorne for Monticello Raceway and at Bridgeville.

He refused to grant trust land status to the St. Regis Mohawks and the Stockbridge Munsee tribes.

Influenced and ignorant politicians in the Catskill area put on a good show of disappointment.









.
Posted by: bluezone

Re: Tribal News - 01/05/08 07:37 AM

Originally Posted By: Rich_Tallcot
Out of the 11 tribes that were DENIED are included:

Seneca Cayuga of Oklahoma, Miami, Oklahoma, Montezuma Parcel, 230 acres, Cayuga County, New York, 1500 miles from reservation
(awe - poor poor Okla)



Okla - I will pay you 2 cents on the dollar for your NY land.







.
Posted by: bluezone

Re: Tribal News - 01/05/08 12:20 PM

Originally Posted By: bluezone
Daily Policy Digest

State & Local Issues / State & Local taxes

Tuesday, January 13, 2004

Once a gambling enriched-tribe acquires land, the new "reservation" becomes a sovereign nation, exempt from all local and state laws, zoning ordinances, labor rules, environmental reviews, and American rules of due process and fair play in law enforcement, says Jan Golab. In addition, the "reservation" and business built on it, including a casino, has complete tax exemption. This policy erodes the local tax base and reduces government revenues.

Because of the numbers of casinos established in California, this poses a serious problem for the state's struggling economy:


In 2002, revenues from newly built casinos in California soared to $5 billion per year -- but the casinos paid virtually nothing to the state.
The Supreme Court has ruled that Indians must collect sales tax from customers who are not Indians, but nearly all tribal businesses ignore this rule, resulting in the undercutting of competing non-Indian businesses.
Although they pay little in taxes, gaming tribes seek to influence the political process -- spending over $120 million to push their candidates and ballot initiatives in recent years. That is more than George W. Bush spent nationwide to be elected President.

The impact is just as grave in other states, says Golab:


In Oklahoma, $580 million in annual sales and property taxes are lost to Indians in the state.




New York lost $895 million in 2002 by failing to collect taxes on cigarettes sold by Indians.




Because of the erosion of state and local tax base, Gov. Arnold Schwarzenegger has taken on the Indian gaming industry in California and is asking that they contribute 25 percent of their earnings to the state, or approximately $1 billion.

Source: Jan Golab, "Arnold Schwarzenegger Girds For Indian War," American Enterprise, January/February 2004, American Enterprise Institute.

For more on American Enterprise
http://www.taemag.com

For more on State & Local taxes
http://www.ncpa.org/iss/sta/

___________________________________





Would it make more sense for spitzer to collect the unpaid taxes of over $895 million per year on cigarettes or receive $20 million from a casino?





.
Posted by: Rich_Tallcot

Re: Tribal News - 01/05/08 09:27 PM

See copies of the 11 rejection letters, starting with the three application rejections in New York State, here

http://www.indianz.com/docs/bia/bialetters010408.pdf
Posted by: Rich_Tallcot

Re: Tribal News - 01/06/08 06:43 PM

Elaine Willman, the President of the Citizens Equal Rights Alliance has resigned to take a position with the Village of Hobart Wisconsin as Director of Development and Tribal Affairs.

The Hobart Village board opened the New Year by creating this new full time position to assist Hobart in its Community Development and to improve communications with the Oneida Tribe. She is known in Hobart from her September visit where she addressed the residents in a public forum on 2010 US Census and terrorism on reservations.

Elaine Willman brings with her significant background in Public Administration and knowledge of federal Indian policy, along with more than 20 years’ experience in community & economic development. Elaine has a MPA from CA State University, and is currently pursuing her doctorate in Public Policy.

CERA is an educational coalition that supports equal rights and constitutional protections for tribal and non-tribal residents living on reservations. Elaine is of Cherokee ancestry herself bringing a unique perspective to the position.

Elaine will be working closely with Village Administrator Joe Helfenberger, and will be reporting directly to the Village Board.

Note – the url under my posts goes to the CERA website.
Posted by: bluezone

Re: Tribal News - 01/07/08 08:53 AM

When Turning Stone is rejected trust then will the state take it over? Or will it be up to the local government?
Posted by: Okla.ndn

Re: Tribal News - 01/07/08 10:39 AM

I never said that we were going to build a museum on the land in NY. I did agree with someone that building one sounded good. I did say that just owning the land would please me. So even without a casino I win, LOL. You said that you were going to leave NY. When can we wish you well in your new home state?
Posted by: Rich_Tallcot

Re: Tribal News - 01/07/08 05:24 PM

Originally Posted By: Okla.ndn
I did say that just owning the land would please me. So even without a casino I win, LOL.

Hello Okla: I'm glad you feel you won. All I and UCE ever wanted was an even playing field as equals. Now that the Seneca-Cayuga tribal government has exhausted its land claim, all appeals, and been refused trust status, I'd say that makes us equals in New York State. So we both won.

You might mention to the Seneca-Cayuga tribal government that they didn't have to spend the legal fees for lawsuits against the state, counties, and landowners for twenty five years, or sue the Town of Aurelius - which lawsuit they also lost, or travel all over the country trying to cut casino deals with the Town of Throop, or City of Rochester, or City of Auburn and I may have missed a few just to purchase a piece of property, comply with the zoning laws, and pay taxes on it. But, evidently they were doing that to please themselves, not you. I'm glad you're happy.
Posted by: grinch

Re: Tribal News - 01/08/08 07:37 AM

Gaming stocks plummeted yesterday on the stock market. Empire Resorts is at its lowest price since 2002. Win some, lose some.
This is a biggie and may stop some of the give away of NYS and USA lands.



print story
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Bush administration gets it right on casinos in the Catskills


By FRED LEBRUN
Click byline for more stories by writer.
First published: Tuesday, January 8, 2008

Every once in a great while, even the Bush administration will present us with a genuine truffle.
This unexpected delight comes by way of Interior Secretary Dirk Kempthorne's denial of a couple of tribal applications for casinos in the Catskills, particularly one by the Mohawks for a gaming facility at Monticello Raceway. A casino the Spitzer administration was fast-tracking. The second application came from the Stockbridge-Munsee Mohicans of Wisconsin.

This means that for the foreseeable future, the Catskills will remain casino-free, the best possible news for these weary old mountains that have seen enough abuse.

Future generations will see this decision as a critical turning point, a major disaster averted.

In essence, Kempthorne ruled Friday that he wasn't persuaded native tribes should be able to annex property a long way from ancestral reservations, just to put up casinos. Kempthorne, by law, has absolute discretion for approval or denial. His new rule, which will affect tribal applications across the country, is the commuter rule.

That is, if the members of a tribe can easily commute daily to a proposed casino property separate from the reservation, then the application will be viewed far more favorably than if this is not the case. Monticello Raceway is 350 miles from the Mohawks' ancestral lands near the Canadian border.

The Mohawks are bitterly denouncing the secretary's decision, understandably. While a casino is not in the best interest of the Catskills region, or its small-town way of life, or the flood of second-home residents coming in since 2001, it certainly represents big money opportunities for the tribe and its business partners.

Spitzer's office also blasted Kempthorne because his decision totally deflated the governor's simplistic and unwise solution to a problem that is arguably taking care of itself.

The justification for Catskills casinos, and it was always thin, is that the poor, deprived third-world inhabitants of these mountains crave the economic opportunity to make minimum wage working there. If that was ever true, it's at least five years out of date. Check out the land values throughout the Catskills, even down in Sullivan County. They're zooming out of sight, even with our iffy contemporary economy.

Although I notice the governor's office continues to cling to the fiction that casinos are really good for this supposed depressed area. Nonsense.

Kempthorne's decision, whatever the motivation, does not mean the Catskills are home free just yet. Other tribes, including the Stockbridge-Munsee, are trying to get in through a congressional act, through the back door. Hopefully, our congressional delegation will keep that at bay.

The phony Catskills economic development card is continually abused by Albany politicians. Another example was the justification recently offered in connection with the deal that gave controversial developer Dean Gitter preliminary approval for a miniaturized version of his Belleayre Resort. A host of environmentalists and critics of the original proposal signed off on the amended as the best deal they felt they could get.

Spitzer folks then lauded the result as just a wonderful economic development tool for the region, a blessing. Baloney.

The very best deal for the Catskills would have been no deal at all, but that wasn't an option after the Pataki administration in its death throes gave Gitter the legal leverage he needed.

At any rate, back to the Indians. Kempthorne's decision reverberates around the state, not just in the Catskills.

At the moment, Turning Stone Casino in Verona is operating totally outside the law as its application to have needed land put into trust status is pending before Kempthorne. The piece of property with the casino and all those fancy building on it is six miles from the actual 32-acre Oneida reservation, an easy commute but not actually part of the reservation. Sounds to me like Kempthorne is preparing us for the Oneidas' successful annexation of this property to their reservation, and appropriately so.

All that would remain then is for the state Legislature to approve a gaming compact, and Turning Stone -- a proven economic force for a region that really does need help -- would be back in business legally.

Then there's Buffalo, always a little different. The Senecas, who already have a casino on their land, have a plan pending before a federal judge for another one in downtown Buffalo, exactly 65 miles from their reservation in Salamanca.

Is that commuting distance or not?

Here we go again.

LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com



Posted by: Okla.ndn

Re: Tribal News - 01/09/08 10:48 AM

This is the same thing we have been told for over 200 years. Indian get your a$$ back on the res and stay there.
Posted by: bluezone

Re: Tribal News - 01/09/08 11:16 AM

Originally Posted By: Okla.ndn
This is the same thing we have been told for over 200 years. Indian get your a$$ back on the res and stay there.


You can live where ever you want. If you leave the rez then you must obey the laws and taxes as all others do.
Posted by: Rich_Tallcot

Re: Tribal News - 01/09/08 04:03 PM

http://www.buffalonews.com/opinion/anothervoice/story/243189.html
Casino has no interest in boosting Falls economy
By Steve Siegel
Updated: 01/04/08

In the recent News article, "Casino no jackpot for Falls," critics concluded that "Anyone who believes the casino planned for Buffalo's Cobblestone District will jump-start a dying downtown ought to look at the blocks that circle the gambling operation in Niagara Falls."

As a wise man once said, "The definition of insanity is doing the same thing over and over and expecting a different result."

In light of the overwhelming evidence that casinos located in urban areas do little or nothing for the economy, for politicians to endorse a casino project and to lead the citizens to expect any other outcome except continued urban blight is at least irresponsible and maybe even insane in its logic.

Looking at this issue from a broader perspective, we must remember that the casino is not located in Niagara Falls, but on sovereign land controlled by the Seneca Nation. The Seneca Gaming Corp. has about as much motivation to assist Niagara Falls economically as the bordering City of Niagara Falls, Ont., has, in the sense that every dollar spent on leisure and recreation that finds its way to Niagara Falls is one less dollar that accrues to the Seneca Gaming Corp. and Niagara Falls, Ont.

Therefore, when Brian Hansberry, in an effort to distract from the sad economic realities discussed in the article, states ". . . the [Seneca Gaming] corporation has made a $450 million investment in the city" he is being disingenuous. He might add that this investment on the Senecas' own land has yielded more than $1 billion for the Senecas and $23 million for Niagara Falls.

If Hansberry didn't "spin" the investment issue enough, when asked why the casino's hotel refuses to book rooms to larger nongambling conventions, he states that they do not yet have enough rooms to meet both the casino’s and the city's needs for space.

What Hansberry doesn't tell us is that on average, approximately 440 rooms per day, every day, are given away free to gamblers (source: filings with the Securities and Exchange Commission). Remarkably, the corporation would rather provide a free room to a gambler then allow a nongambler, who might spend money outside of the casino, to pay for the same room. This behavior is very cynical and anathema to the corporation’s claims of being an economic stimulus to Niagara Falls. Perhaps the corporation could see fit to allow a few of these 161,000 free rooms given away per year to be booked by nongambling conventioneers; after all, the city gave the Seneca Nation the former Niagara Falls Convention Center to be developed as the casino.

Perhaps the corporation will voluntarily change this pattern of greed and self-interest in Niagara Falls. But in any event, The News’ article merely serves to confirm why it is so critical that the federal lawsuit to stop the proposed casino in downtown Buffalo succeeds.

Steve Siegel is a faculty member at Niagara University's College of Hospitality and Tourism Management and has done much research into the impact a downtown casino would have on Buffalo.
Posted by: Okla.ndn

Re: Tribal News - 01/10/08 10:38 AM

He seems to leave out all that cash the state has got from the Senecas casino. And he doesn't say a word about all of the people that now have a job because of the casino. He does do a good job winning about not getting a room. And then he wants to talk about someone doing a "spin" job. Come on Dick stop waisting my time with this worthless crap. LOL
Posted by: bluezone

Re: Tribal News - 01/11/08 09:09 AM

Originally Posted By: Okla.ndn
... stop waisting my time with this worthless crap. LOL


Same can be said about your casino addiction.
Posted by: Rich_Tallcot

Re: Tribal News - 01/11/08 10:05 AM

Originally Posted By: bluezone
Originally Posted By: Okla.ndn
... stop waisting my time with this worthless crap. LOL


Same can be said about your casino addiction.


Right on Bluezone. That's rather obvious from the Lone Indian who does not speak for his tribe and claimed he WON, because he didn't want a casino in New York anyway. Wow, talk about "spin". LOL
Posted by: bluezone

Re: Tribal News - 01/12/08 04:05 PM

Originally Posted By: Rich_Tallcot
...becuause he didn't want a casino in New York anyway. Wow, talk about "spin". LOL


And I thought Okla voted out his previous chief because he was unable to get a casino in NY. Keep spinnin' Okla.

Wonder why his tribe even purchased land in NY if they did not want a casino?
Posted by: bluezone

Re: Tribal News - 01/12/08 04:09 PM

The tribes that lost their trust are now going to sue the US government.

Wonder if the US government is getting sick and tired of all the lawsuits from the tribes, the casino corruption, the Abramoff deals... and are going to stop allowing tribes to even build any more casinos?

Congress giveth and Congress can taketh away.
Posted by: bluezone

Re: Tribal News - 01/14/08 09:47 AM


Mohawk to sue government for trust denial.


...the proposed project would relieve the high unemployment problem on the reservation by inducing many unemployed tribal members to travel to Monticello: "Tribal members leaving for jobs at the proposed casino could reduce reservation unemployment by a substantial percentage."...



---------------------------------------------

The tribal members are going to travel a few hundred miles to go to work at a casino?

Then why do they not find a job closer to the rez?



what a farse.

Have they applied at Turning Stone.

LOL


Posted by: bluezone

Re: Tribal News - 01/16/08 02:35 PM

Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Originally Posted By: Okla.ndn
... stop waisting my time with this worthless crap. LOL


Same can be said about your casino addiction.


Right on Bluezone. That's rather obvious from the Lone Indian who does not speak for his tribe and claimed he WON, because he didn't want a casino in New York anyway. Wow, talk about "spin". LOL


Do you think that I stumped Okla?


.
Posted by: Rich_Tallcot

Re: Tribal News - 01/17/08 10:15 PM

Originally Posted By: Okla.ndn
I never said that we were going to build a museum on the land in NY. I did agree with someone that building one sounded good. I did say that just owning the land would please me. So even without a casino I win, LOL.

I wonder if Okla just wanted to buy this land to NOT put a casino on too? It appears he may win again by the looks of support in Oklahoma.

http://www.joplinglobe.com/neo_sek/local_story_016193006.html?keyword=secondarystory

Opponents outnumber supporters at meeting on casino in Grove

By Sheila Stogsdill

news@joplinglobe.com

GROVE, Okla. - A $60 million casino could be a "rising tide that lifts a lot of boats" on Grand Lake, or it could sink Grove's future.

Those are the opinions offered by some of the 250 residents who turned out Tuesday for a Grove City Council meeting to express their views on a casino proposed for the town.

The Miami-based Seneca-Cayuga Tribe, which is proposing the casino, spent more than $1 million to acquire 33 acres with the goal of building a 100,000-square-foot lakefront casino.

The tribe also applied with the federal Bureau of Indian Affairs for the site near Sailboat Bridge to be held in trust for gambling purposes. As part of the application procedure, the BIA invited comments from the city on the proposal.

Twenty residents spoke at the meeting. Sixteen, including the mayor, voiced opposition to the casino. Four others, including Seneca-Cayuga Chief Paul Spicer, spoke in favor of the plan.

Fire calls

"The nature of the casino is that it produces more losers than winners," said Mayor Gary Bishop. Bishop, a minister, has opposed efforts to bring a casino to the city since he took office in April.

One of the harsher criticisms against the existing tribal casino, which is outside city limits on Highway 10, came from its closest neighbor, the Cowskin Volunteer Fire Department.

"We have made 36 calls a year to the casino," said Rick Bronson, chairman of the Fire Department.

In a statement directed at Spicer, Bronson asked why he has never seen the tribe’s firetruck at the casino.

"We have never received one dime from the casino," Bronson said. His comment drew loud applause.

"We can still say 'no' to a casino," added Darrel Mastin, a Grove businessman. Mastin, the Rev. Steve Dyer and Chris Ramsey are the organizers of a grass-roots group called No Casino In Grove.

"In Atlantic City and elsewhere, small-business owners testified to the loss of their businesses when casinos came to town," Mastin said. "In 1978, there were 311 taverns and restaurants in Atlantic City. Only 66 remain."
Posted by: Rich_Tallcot

Re: Tribal News - 01/18/08 04:46 AM

Now THIS is one case we should all be watching ! Imagine 16 states joining the fight against the feds on the side of Rhove Island. Of course, CERA is also filing an amicus.

I'd be willing to bet, if stupid Spitzer could pull it off, he'd file an amicus on behalf of the tribe. Even the New York Times called him stupid in a polite way yesterday by saying the fed's rejection of Spitzer's push for trust land status and casinos in the Catskills was a good thing.

RISC to seek court review of tribe’s land

CHARLESTOWN - The Rhode Island Statewide Coalition is planning to file a "friend of the court" brief supporting a bid to overturn federal trust status on 31 acres of Narragansett Indian land.

In remarks to Charlestown's Town Council, RISC Chairman Harry L. Staley said Monday that RISC will file a brief requesting a U.S. Supreme Court review on whether the federal government may take land into trust on behalf of the Narragansetts.
The brief, he said, will be filed as a joint request with the Citizens Equal Rights Alliance - a national group based in Gresham, WI, that believes federal Indian poli­cy is unaccountable, destructive, racist and unconstitutional.

"Some months ago, we retained an attorney who has had considerable expe­rience in matters before the Supreme Court at consider­able expense to us," Staley said, acknowledging later that RISC has retained the services of a CERA-affiliat­ed attorney in Phoenix, AZ. "That brief will be filed in the next few days."

RISC, a fiscally conserva­tive watchdog group, is based in Charlestown and supports a host of other issues - including non-resi­dent voting rights, educa­tional reform and local envi­ronment issues. The group boasts a membership of about 1,500, though its net­work of member associa­tions pushes that number to about 4,000.

Staley, who has yet to see the joint brief, said the cost of drafting and filing the document is being footed by RISC's 39-member Board of Directors, with one contri­bution from a general mem­ber. He acknowledged that its cost is somewhere in the realm of about $20,000.

"We felt this was an important case of interest to the citizens of Charlestown and the state of Rhode Island, particularly those in South County," Staley said. "The impact of a South County casino would change our entire quality of life."

At issue is the creation of so-called "Indian country" ­a geographic area in the Rhode Island where federal law trumps state and local regulations, including those related to land use.

In an interview last week, Narragansett Indian Chief Sachem Matthew Thomas confirmed that the tribe is pursuing plans to bring a resort casino to its 1,800 acres of land in Charlestown. He has since called on state officials to participate in a gaming summit to develop a com­prehensive gaming strategy for the state of Rhode Island.

Opponents of casino gaming fear that property abut­ting the disputed 31 acres could be purchased and added to the parcel. Last year, the U.S. Circuit Court of Appeals ruled 4-2 that the federal government may take land off Kings Factory Road into trust on behalf of the tribe.

Sixteen states across the country have already filed amicus briefs supporting the high court's review ­including one penned by Connecticut's Attorney General Richard Blumenthal, according to Town Solicitor Robert E. Craven.

"Connecticut's attorney general was...brilliant," he said. "...It's the best recita­tion with respect to the town’s case and the state's case I’ve ever seen. I'm opti­mistic for a couple reasons." "First, it's very rare that 16 states would join (the state and town) in a writ of certiorari," Craven contin­ued. "It’s very difficult to get 16 states to agree on any-thing. The chief justice of U.S. Supreme Court (John Roberts Jr.) argued one of the seminal cases that has been cited in briefs filed by our side when he was the solicitor general of the United States, which leads me to believe there would be a curiosity on his part...to allow the court to potentially put this issue of trust on tribal lands for rest once and for all."

Craven said the U.S. Supreme Court is expected to offer a decision on whether it will hear the case sometime next month. If the review is denied, a 1st U.S. Circuit Court of Appeals ruling in favor of the tribe's position would stand.

Less than 10 percent of cases offered to the nation’s high court are accepted for review, Craven said.

At Councilor Harriet A. Allen’s request, Craven is expected to obtain copies of the 16 states' amicus brief­ings for public review at Charlestown Town Hall. RISC and CERA’s brief is also expected to be avail­able, according to Staley.

ckeegan@thewesterlysun.com
Posted by: bluezone

Re: Tribal News - 01/18/08 06:59 AM




Okla - look no casino needed for jobs or major investment



URMC Plans for Thousands of Jobs
by Diana Palotas
photo by Chris Coffey
Published Jan 17, 2008

The University of Rochester is already our largest employer and now it's about to get even bigger. The medical center says it plans to invest $500 million over the next decade creating thousands of jobs. Its aim, to become one of the top 20 academic medical centers in the country.

The new strategic plan includes the University of Rochester Medical Center's most ambitious project yet. It wants to build a six-story addition at a price tag of $259 million. The U of R says that by 2015 the expansion will bring in a billion dollars to the local economy.


“Healthcare's one of the largest businesses in America," says Dr. Bradford Berk, CEO of the URMC. He laid out the center’s plan for the next decade with employees.

Included in the expansion are 770 new staff positions, 140 of them researchers and clinicians. Another 1,000 jobs would be created in the community because of spillover, along with 1,400 construction jobs. Construction includes the addition to Strong Hospital on Elmwood Avenue. The $56 million clinical and translational sciences building on Crittenden Boulevard where a large employee parking lot now stands. Governor Spitzer’s already pledged $50 million for that. A new ambulatory center will also be built on Sawgrass Drive. It would all be done by 2012. Berk says the future of medicine needs a large infrastructure.

“Part of the reason we have grown so large is that we need all of those elements to allow us to do this very sophisticated care like brain surgery, pediatric cardiac surgery."

The medical center wants to become a bigger player throughout the country. Berk says being one of the top 20 academic medical centers in the country brings in more money. “When you're ranked in US News and World Report that enables us to recruit better medical students, it enables us to recruit better faculty…”

With $159 million in research funding last year from the National Institutes of Health, the medical center wants to double that amount by 2015. It says its focus on translational medicine will help in that growth. This new way of medicine is working to get new drugs therapies and care from the lab to the patient and the marketplace in shorter time. The U of R says how it is building its new cancer center is an example of its commitment to translational medicine.

Dr. Richard Fisher leads the Wilmot Cancer Center. “If you go from the bench researchers making a discovery finding a new drug, giving it down the floor below to the people who know how to put into testing and then giving it to patients and the whole thing operates together."

Cancer is one of the medical centers signature programs for the future, along with cardiovascular disease, infectious disease, musculoskeletal disease and neuromedicine.

Dr. Berk says the $500 million will come from of course donations, foundation support and government contracts. The Center for Governmental Research says when all is said and done the trickling down of this economic growth could mean a billion dollars to our area.

Posted by: bluezone

Re: Tribal News - 01/18/08 07:02 AM




Okla - is this the location that you tried to get a casino?





Midtown Makeover Moves Forward
by R News staff
Photo by Bryan Beard
Published Dec 18, 2007
Watch Video

Rochester City Council has approved the Duffy administration's plan to transform the core of downtown Rochester by leveling Midtown Plaza and preparing it for new development, including the construction of a new world headquarters for PAETEC.

Council voted tonight to approve Mayor Bob Duffy’s relocation and redevelopment plans for Midtown Plaza. The plan includes authorizing the purchase of the nation's first downtown indoor mall by negotiation or condemnation.

It also:

- Establishes a $225,100 contract with Flaum Management Inc. of Rochester and R.K. Hite & Co. of Avon for relocation planning and advisory services.

- Requests a $25,000 appraisal contract with Bruckner, Tillett, Rossi, Cahill & Associates of Rochester.

- Authorizes an agreement with the Empire State Development Corporation for receipt and use of a $750,000 grant for master planning for the Midtown area.

- Requests a $3 million loan from the U.S Department of Housing and Urban Development and a $2 million Brownfield Economic Development Initiative grant to help with acquisition and relocation services.

“I’m excited to see the progress of this development,” said Mayor Duffy. “I’m grateful for the teamwork of our partners at the Empire State Development Corporation, PAETEC and on City Council and I look forward to continuing to work with them as we rebuild Midtown.”

"This is an important step toward advancing Governor Spitzer’s upstate economic development agenda for the major metropolitan areas,” stated Upstate Empire State Development Chairman Daniel C. Gundersen. “With today's actions, the State and City are moving forward on an unprecedented partnership with PAETEC Communications to bring 600 new jobs to the region and redevelop this critical downtown site. Upstate ESD continues to work with local leaders and is pleased that our collaborative efforts are getting the job done.”

"We are pleased with the progress being made with the Midtown properties by the City, State and other parties," said Arunas A. Chesonis, chairman and CEO of PAETEC. "We look forward to hearing community input regarding the design and functionality of our future headquarters."

The city plans to hire a development consultant by late January 2008 to assist with the development planning and environmental impact statement for the entire site. It will also dedicate an area on its homepage to Midtown development in the near future – to keep the community informed, answer questions and welcome suggestions about the future of downtown Rochester
Posted by: bluezone

Re: Tribal News - 01/18/08 07:27 AM

Originally Posted By: Rich_Tallcot


Opponents outnumber supporters at meeting on casino in Grove



Sound familiar?



.
Posted by: Rich_Tallcot

Re: Tribal News - 01/19/08 11:51 AM

NOTE TO ALL MUNICIPALITIES: The new regs for accepting trust lands lean heavily against acceptance UNLESS there are inter-municipal agreements or MOU's made.

As I recall the Cayuga tribe claimed they had agreements made but, at the time, hadn't decided which parcels they were applying for trust status. I believe they've applied for all they own in the old land claim area, but it seems strange they could claim agreements were made if they hadn't decided where they were applying for. I think they lied. Ya think?

Below is from the Seneca-Cayuga tribe that had their trust application DENIED in New York.

Grove council poses objection to Seneca-Cayuga casino plan

- By Sheila Stogsdill
news@joplinglobe.com

GROVE, Okla. - By a unanimous vote, the Grove City Council voted Friday to go on record to the federal Bureau of Indian Affairs as being opposed to the placement of 30 acres of lakefront property in trust for a proposed $60 million casino.

Mayor Gary Bishop read from a letter to the BIA that there is no inter-governmental agreement with the tribe to "mitigate negative impacts."

The city also stated in its letter: "Until an inter-governmental agreement can be reached through good faith negotiations, the city of Grove, Oklahoma, cannot support the acquisition of land by the United States to be held in trust for the use and benefit of the Seneca-Cayuga Tribe of Oklahoma."


The Miami-based tribe spent more than $1 million to acquire 33 acres with the goal of building a 100,000-square-foot lakefront casino east of Sail Boat Bridge.

Chief Paul Spicer was unavailable for comment on the town panel's most recent objection to the proposal.

Tribal officials say the casino would employ about 450 people and have about 1,000 gambling machines. Plans also include a five-story hotel with 125 rooms and three restaurants, and a convention center to be built later.

About 30 people attended the Friday-morning meeting.

In addition to the letter, the city plans to provide the BIA with public comments against the casino proposal from local residents who attended a meeting Tuesday night.

The council is not the only third party weighing in on the tribe's application for trust status for the property.

But the Grand Lake Association board at its January meeting approved a letter to the BIA saying it does not object to the land being put in trust for the tribe, said Deb Wolek, executive director.

Wolek said 16 members of the 18-member board approved the motion. Two members didn't vote because they were absent, she said.

Jeanette Hanna, BIA regional director, said the next step is to review the public comments and look at the environmental issues, and then a recommendation will be made if the application should be sent to the National Indian Gaming Commission in Washington, D.C., for approval.

"It's not going to be soon," Hanna said when asked about when a decision on the application might be made.

Copyright © 1999-2006 cnhi, inc.
http://www.joplinglobe.com/local/local_story_018203256.html
Posted by: Okla.ndn

Re: Tribal News - 01/19/08 02:57 PM

One point you didn't speak of is, Mayor Gary Bishop is a minister. So what do you think he would say? LOL so much for the good faith negotiations.
Posted by: bluezone

Re: Tribal News - 01/20/08 01:32 PM

Originally Posted By: Okla.ndn
One point you didn't speak of is, Mayor Gary Bishop is a minister. So what do you think he would say?


And what does your Creator think of your casino?



.
Posted by: Okla.ndn

Re: Tribal News - 01/21/08 10:25 AM

Well he must like it or it wouldn't be doing as good as it is. It has made more money then any other thing we have done.
Posted by: bluezone

Re: Tribal News - 01/22/08 09:08 AM

Originally Posted By: Okla.ndn
Well he must like it or it wouldn't be doing as good as it is. It has made more money then any other thing we have done.


Or he may not like it considering that trust was rejected.
Posted by: Okla.ndn

Re: Tribal News - 01/22/08 11:13 AM

Originally Posted By: bluezone
Originally Posted By: Okla.ndn
Well he must like it or it wouldn't be doing as good as it is. It has made more money then any other thing we have done.


Or he may not like it considering that trust was rejected.

Again you are twisting things, as I thought you were asking about the one we have. If the Creator didn't wish for us to be in New York state then we wouldn't own the land we have there.
Posted by: Rich_Tallcot

Re: Tribal News - 01/22/08 08:45 PM

Originally Posted By: Okla.ndn
One point you didn't speak of is, Mayor Gary Bishop is a minister. So what do you think he would say? LOL so much for the good faith negotiations.

Oh come on now. It sure sounds like you're stereotyping.
Posted by: bluezone

Re: Tribal News - 01/24/08 08:29 AM

Originally Posted By: Okla.ndn
If the Creator didn't wish for us to be in New York state then we wouldn't own the land we have there.


Anyone can buy land.


.
Posted by: bluezone

Re: Tribal News - 01/24/08 08:31 AM

Originally Posted By: Okla.ndn
LOL so much for the good faith negotiations.


And what would you know of good faith negotiations?


.
Posted by: bluezone

Re: Tribal News - 01/24/08 08:36 AM

Originally Posted By: bluezone
Daily Policy Digest

State & Local Issues / State & Local taxes

Tuesday, January 13, 2004

Once a gambling enriched-tribe acquires land, the new "reservation" becomes a sovereign nation, exempt from all local and state laws, zoning ordinances, labor rules, environmental reviews, and American rules of due process and fair play in law enforcement, says Jan Golab. In addition, the "reservation" and business built on it, including a casino, has complete tax exemption. This policy erodes the local tax base and reduces government revenues.

Because of the numbers of casinos established in California, this poses a serious problem for the state's struggling economy:


In 2002, revenues from newly built casinos in California soared to $5 billion per year -- but the casinos paid virtually nothing to the state.
The Supreme Court has ruled that Indians must collect sales tax from customers who are not Indians, but nearly all tribal businesses ignore this rule, resulting in the undercutting of competing non-Indian businesses.
Although they pay little in taxes, gaming tribes seek to influence the political process -- spending over $120 million to push their candidates and ballot initiatives in recent years. That is more than George W. Bush spent nationwide to be elected President.

The impact is just as grave in other states, says Golab:


In Oklahoma, $580 million in annual sales and property taxes are lost to Indians in the state.




New York lost $895 million in 2002 by failing to collect taxes on cigarettes sold by Indians.




Because of the erosion of state and local tax base, Gov. Arnold Schwarzenegger has taken on the Indian gaming industry in California and is asking that they contribute 25 percent of their earnings to the state, or approximately $1 billion.

Source: Jan Golab, "Arnold Schwarzenegger Girds For Indian War," American Enterprise, January/February 2004, American Enterprise Institute.

For more on American Enterprise
http://www.taemag.com

For more on State & Local taxes
http://www.ncpa.org/iss/sta/

___________________________________
Posted by: bluezone

Re: Tribal News - 01/25/08 10:14 AM

Originally Posted By: Okla.ndn
If the Creator didn't wish for us to be in New York state then we wouldn't own the land we have there.




Crossing The Border Gets Tougher
by Rich Turner
File Photo
Published Jan 24, 2008
Showing only your driver's license will not get you across the Canadian border beginning next week.

Border officials announced Thursday that travelers will need more documentation. Now, a passport or enhanced driver's license, or a driver's license and your birth certificate will get you into Canada. The changes take effect on January 31.

“U.S. and Canadian citizens, age 19 and older will no longer be able to enter the U.S. with an oral declaration only,” said Robert Jacksta with the Department of Homeland Security. “You will be asked to present documentation from several options. We have been gearing up for the security enhancement for months now, and we believe that we are ready to move forward.”

Children under the age of 18 will just need a birth certificate to cross the border. Local Congresswoman Louise Slaughter and several colleagues are calling on the Department of Homeland Security to hold off any change until June, 2009.
Posted by: Okla.ndn

Re: Tribal News - 01/25/08 10:19 AM

"Oh come on now. It sure sounds like you're stereotyping." The same could be said about everything you post Dick. LOL
Posted by: bluezone

Re: Tribal News - 01/27/08 05:59 PM

Okla do you use a passport when you leave your reservation?
Posted by: grinch

Re: Tribal News - 01/30/08 04:31 PM



close window
Wielding The Club Of Immunity
Wielding The Club Of Immunity
By David Collins


Published on 1/30/2008 in Home »Region »Region Columns
The Mashantucket Pequots, in their zeal to fend off the United Auto Workers, may be setting themselves up for a much bigger battle, one in which the stakes will be so high it will make a union brawl seem like penny slots.
The tribe drew a new line in the sand this week when it refused to comply with a subpoena in the continuing National Labor Relations Board hearing into its complaint about the election, in which dealers at Foxwoods Resort Casino voted 1,289 to 852 to unionize.

At issue is a report by tribal police that purportedly outlines a claim made by an anti-union dealer who has testified under oath that she was harassed by union sympathizers and reported it to tribal police.

The NLRB hearing officer was justifiably peeved that the Pequots, to use his metaphor, want, on the one hand, to wield the testimony of the aggrieved dealer as a sword, but when it comes to corroborating her testimony with what she told police, they want to use their sovereign immunity as a shield, to block a subpoena of the police report.

But of course the Mashantucket Pequots have been using this sword-and-shield trick for a long time with their sovereignty.

When it behooves them to waive it — to borrow millions of dollars in the public markets, for instance, or to make business deals with major corporations — they routinely comply. It's so routine for them to waive their immunity, in fact, I suspect there is a standard language for contracts, the magic waiver wand.

Surely MGM Grand did not enter into a complicated management agreement with the tribe without assurances that their recourse, in the event of a dispute, would be in a U.S. court, not one run by the tribe.

Logically, it would seem that employees might hope for these same kinds of assurances, that any efforts to organize would be protected under U.S. labor law, not the Pequot tribal labor laws, which weren't adopted until the UAW campaign started to gain momentum on the reservation.

Indeed it is this logic and sense of fair play that might trip up the tribe in unforeseen and perhaps cataclysmic ways if they persist in trying to use sovereign immunity to duck the NLRB.

The tribe already seems poised to take this election to court, the next step if the NLRB finally certifies the results and the tribe refuses to negotiate with the union. And what is a court to make of a tribe's sovereign immunity when it is being used so cavalierly — in the words of the NLRB hearing officer, as a shield — to protect the particular business interests of a billion-dollar, near-monopolistic casino?

I suspect that the Pequots' friends across Indian Country might agree that this is not the best issue on which to roll tribal sovereign immunity into the federal court system for a showdown.

It is certainly possible that such a confrontation might open a more thorough examination of sovereign immunity, a strange amalgam of law, treaties and tradition, and what it has wrought here.

That might make the Pequots wish they had just given the dealers at Foxwoods a better raise, long before the UAW arrived at the door.

This is the opinion of David Collins.


Regional
Posted by: bluezone

Re: Tribal News - 01/31/08 07:48 AM

Originally Posted By: grinch


...But of course the Mashantucket Pequots have been using this sword-and-shield trick for a long time with their sovereignty.



...the magic waiver wand.


...near-monopolistic casino?

...examination of sovereign immunity,





house of cards.
Posted by: bluezone

Re: Tribal News - 02/01/08 07:56 AM

$1 BILLION dollars illegally not paid to NY by NY tribes per year.

Wonder how long any other entity would be allowed to steal $1 BILLION dollars per year from NY?


.
Posted by: Rich_Tallcot

Re: Tribal News - 02/03/08 01:27 AM

CERA's & RISC's amicus in the Rhode Island case. This case is extremely close to what our case would be here should the DOI attempt to take lands into trust.

http://www.risc-ri.org/CarcieriAmici.pdf
Posted by: bluezone

Re: Tribal News - 02/05/08 07:41 AM

Trust was denied.
Posted by: Rich_Tallcot

Re: Tribal News - 02/05/08 11:13 PM

Originally Posted By: bluezone
Trust was denied.

??? - what trust are you talking about? The only ones denied in NY were the Mohawk, Stockbridge-Munsee & Seneca-Cayuga.

We're still faced with the NY Cayuga, NY Oneida and any that want to file in the future.

The amicus filed was to SCOTUS in the Rhode Island case, which hasn't been heard yet.
Posted by: bluezone

Re: Tribal News - 02/08/08 02:18 PM

Originally Posted By: Rich_Tallcot
The only ones denied in NY were the Mohawk, Stockbridge-Munsee & Seneca-Cayuga.



Step in the right direction as NY has no need for any trust land.
Posted by: newsman38

Re: Tribal News - 02/08/08 10:10 PM

Do you have a question for Michael Arcuri?

Congressman Michael Arcuri, D-24th District, is scheduled to visit The Ithaca Journal's editorial board later this month. We want to ask the congressman questions that are on the minds of our readers.

If you have a question to ask Arcuri, send an e-mail to Opinion Editor Andrew Tutino at atutino@ithacajournal.com.

Put “Arcuri question” in the subject line of the e-mail.

If you do not have access to e-mail, call Tutino at 607-274-9213.

We will attempt to ask as many reasonable questions as possible. The final day to submit a question is Thursday, Feb. 14.

Originally published February 8, 2008
Copyright ©2008 The Ithaca Journal.
All rights reserved.
Posted by: bluezone

Re: Tribal News - 02/10/08 11:22 AM

Collect the $1 BILLION sale taxes lost each year.
Posted by: bluezone

Re: Tribal News - 02/14/08 06:46 AM

Was the land worth over a billions dollars over 200 years ago?


Posted by: Rich_Tallcot

Re: Tribal News - 02/26/08 05:09 PM

A study which outlines federal funds the New York Oneida tribe received in 2006 says the tribe received $3.6 million for Indian Health Services, $926,000 from the BIA and $226,000 from HUD for a total of $4.8 million in federal funds to support the tribe.

Sure is nice of us taxpayers to give this tribal government close to $5 million a year in welfare. Must be the million a day they rake in at the casino just isn't enough for their 300 members.
Posted by: bluezone

Re: Tribal News - 02/27/08 07:00 AM

Is this considered "foreign aid"



(Spitzer are you confused on how to collect the Billion dollars of unpaid tribal taxes?)

$5 million for 300 members?

It would compare to a smaller town that had 6,000 residents and received $100 million in "aid".

Anyone remember a small town receiving $100 million?



Posted by: bluezone

Re: Tribal News - 03/02/08 07:48 AM

The tribe is now suing NY for a Billion dollars.
Is the moon still available?
Posted by: Rich_Tallcot

Re: Tribal News - 03/02/08 10:08 AM

Originally Posted By: bluezone
The tribe is now suing NY for a Billion dollars.
Is the moon still available?


I have a Saturday Night Live skit on tape of tribes suing for the moon.

But here's the latest in the Cayuga quest:

Syracuse Post Standard
Cayugas want fairer payday
Tribe, having lost land claim, says New York underpaid for acreage 2 centuries ago.
Saturday, March 01, 2008
By Scott Rapp Staff writer

The Cayuga Indian Nation of New York Friday renewed its legal efforts to seek a multimillion-dollar judgment for the loss of ancestral land in the Finger Lakes.

Lawyers for the tribe filed a motion in U.S. District Court in Syracuse that would essentially reopen the Cayugas' historic land claim, which was dismissed in 2005 by the 2nd Circuit U.S. Court of Appeals.

If successful, the move would allow the Cayugas to seek millions of dollars in compensation for their reservation land, which the state purchased more than 200 years ago.

"If allowed to reopen the case, it would allow the Cayugas to obtain fair compensation for their land," Daniel J. French, a Syracuse lawyer representing the tribe, said Friday.

In their motion, the Cayugas argue that the state grossly underpaid their ancestors for the reservation land, which encompasses 64,015 acres in Cayuga and Seneca counties around the north end of Cayuga Lake.

The action comes about 2 years after the tribe's land claim was dismissed on grounds that the Cayugas waited too long to regain sovereign ownership of their aboriginal territory. The U.S. Supreme Court refused to hear the Cayugas' appeal.

The tribe filed the motion after U.S. District Judge Lawrence Kahn's ruling last May that said the Oneida Indian Nation of New York could pursue its claim that the state underpaid for 250,000 acres of ancestral land in Madison and Oneida counties.

That could come to $500 million with compound interest, a New York Oneida lawyer has said.

The state is appealing Kahn's ruling. A spokesman for Gov. Eliot Spitzer said the state is confident the court will stop the Cayugas from renewing efforts to win a judgment in their now-defunct land claim.

"The court previously found that there was no legal basis for the Cayugas' claim and this motion does not give the court any reason to change its previous decision," said spokesman Morgan Hook. "We will demonstrate to the court in our response to the motion that it offers nothing new."

French said he believes Kahn's ruling makes the Cayugas' application timely and said the tribe will wait for the federal appeals court to rule on the Oneidas' compensation claim before moving forward with the Cayugas' motion.

"In the Oneida case, Judge Kahn allowed the Oneidas to seek compensation under the theory they had been underpaid for their land. . . . If that's true for the Oneidas, then it's true for the Cayugas, too," French said.

In their motion, the Cayugas said the state bought their ancestral land for $1.50 an acre. A short time later, the land was valued at $4.50 an acre, the court papers said. That amounts to a difference of $3 an acre, or $193,500 total.

If the Oneidas lose, the Cayugas will drop their motion, French said.

John Milgrim, a spokesman for the state attorney general's office, declined comment other than to say, "We'll review the papers and respond appropriately in court."

The tribe filed the motion with U.S. District Judge Neal McCurn, who presided over the first land-claim trial. In 2001, McCurn ruled the state had illegally acquired the reservation land and awarded $247.9 million to the Cayugas.

The tribe then tried to leverage that judgment for a state compact to build a Las Vegas-style casino in the Catskills. That never happened and the tribe lost its judgment when the land claim was dismissed.

Brian Laudadio, the Rochester lawyer representing Cayuga and Seneca counties, said the counties will oppose the tribe's bid to gain a new judgment, which would be paid solely by the state.

"The counties will review the motion filed by the Cayugas and respond as necessary," he added.

Since the land claim was dismissed in 2005, the Cayugas have purchased several private and commercial properties totaling some 500 acres in their homeland. They are seeking to have about 125 of those acres placed into trust, which would make the land sovereign and tax-free. The counties and state are fighting the land trust application.

French believes the Cayugas' ancestors were "wildly underpaid" for their land and the tribe should be fairly compensated.

"It's not an inconsequential amount of money," he said.

Scott Rapp can be reached at srapp@syracuse.com or 253-7316.


What this amounts to is the Oneida were allowed to pursue financial claims after they lost their land claim because of the way they made their arguments. The Cayuga claimed possessory rights and laches threw out the whole claim.

The Cayuga tribe is calling the ruling on the Oneida case, which was a court clarification, a change of law. They then argue rulings from the Oneida test case. Using those rulings the Cayuga tribe justify their pursuit of the land claim the way they pursued it and follow that up by restating Judge McCurn's screwed up rulings, which never really got challenged because the whole case was thrown out.

They then argue that "this court" (Judge McCurn) ruled they weren't paid enough and request financial compensation.

That's what their six final settlements were prior to their filing a claim with the Indian Claims Commission who awarded them $77k, ruled the federal government at fault and they appealed that ruling asking for more money. But it ended up as the land claim in the courts in 1980 (after an extension past the deadline to file was approved, as passed through Congress by Cong. Walsh - present Cong. Jim Walsh's father) because the ICC disbanded.

So they're really asking permission to have the same original claim filed that they filed in 1980 before they included their mistake of including a demand that hung them with laches. But they want it filed with all the screwed up favorable rulings McCurn made to their side included as if the case was already decided. However, along with all the other incorrect rulings McCurn made, he also ruled laches did not apply.

I would guess that Judge Hurd will get the case, who is about as left wing as one can get. If he does, I imagine the counties and state could end up right back where they were when the case went to appeal, but without claims to the land. Even that could cause many people to use curse words.

As for being underpaid, they got paid what they settled for. They've been paid six final settlements since to close the gap between what the state paid them for it and what the "assessed" valuation on it was.

But as for state "profit", I should think cost of building the Genesee Turnpike through the wilderness, making the land worth more, should be deducted. Loss of profit by giving the lands, not selling them, as payment to the Revolutionary War soldiers should be deducted. And I think you'll find the state lost money on the deal.
Posted by: Rich_Tallcot

Re: Tribal News - 03/02/08 10:15 AM

Here's the url to the above article.
http://www.syracuse.com/articles/news/index.ssf?/base/news-13/120436543596860.xml&coll=1
Posted by: grinch

Re: Tribal News - 03/02/08 11:24 AM

No matter what amount of money they receive, no matter how many final settlements they agree to, they will continue to return to court using the slightest excuse in attempts to extort more and more. If they are successful in this latest venture, they will be back with some other reason they should be given more money or land, possibly both.

Congress must end this travesty once and for all and the State of New York should enforce the laws to end this fiasco.

Congress is not likely to do that as long as tribes contribute to campaign chests. It will be left up to the Scotus to issue their interpretations of the laws. They will of course avoid the ultimate rule of law to end this, so back to court we go.

Flipping amazing. I once sold a piece of property for $10000, going rate at the time. The new owner put nothing into the property and within 2 years sold it for $30000. Now that same property is on the market for $85000. I think I will sue claiming I was underpaid at the time I sold it. My grandfather owned some land that is now a housing development. After he died the county clerk certified all taxes were up to date but failed to look at this parcel. He was clearly at fault, fast forward 10 years and now the executor gets sued for back taxes on that property or to relinquish the deed to a developer who made a mint selling off lots. I must be owed something for the error of the county clerk and an uncle who neglected his duties as an executor. or anybody else I can think of. How long do you think that would be in court before they all tell me to get lost. Add to this land lost in Ireland and Italy by ancestors who left those areas, plus land lost to wars and changes in governments before they came. Yes and broken treaties along the way. I can be worth a few million I think if all of this can be accepted in a court and rules in my favor. Poor me.

Everybody has similar stories. What is needed is equal treatment under the law for all, as I was treated so should the Cayuga.
Posted by: grinch

Re: Tribal News - 03/02/08 11:50 AM

They should sue the Federal Government for the land that comprises the Montezume Wildlife Refuge.

Of course they are not about to do that.
Posted by: bluezone

Re: Tribal News - 03/02/08 01:45 PM

Originally Posted By: Rich_Tallcot
In their motion, the Cayugas said the state bought their ancestral land for $1.50 an acre. A short time later, the land was valued at $4.50 an acre, the court papers said. That amounts to a difference of $3 an acre, or $193,500 total.


Did they just receive a $450,000 housing grant?
No complaints from the tribe about that money.

Originally Posted By: Rich_Tallcot

French believes the Cayugas' ancestors were "wildly underpaid" for their land and the tribe should be fairly compensated.


Dear Mr. French- how much is the state of NY "wildly underpaid" for sales taxes by the tribes per year?


Originally Posted By: Rich_Tallcot
But it ended up as the land claim in the courts in 1980 (after an extension past the deadline to file was approved, as passed through Congress by Cong. Walsh - present Cong. Jim Walsh's father) because the ICC disbanded.



Is Walsh to blame for this entire mess?


.
Posted by: Rich_Tallcot

Re: Tribal News - 03/02/08 03:18 PM

[/quote]Is Walsh to blame for this entire mess? [/quote]

I really woundn't blame Jim any more than any other congressman. I talked with him about it. Our fathers were friends and both in politics.

As Jim explained, back in 1979 there wasn't even a thought of tribal casinos, the tribe wasn't claiming any land. Had the ICC not disbanded, they would have had an appeal through them. It was merely a way for the tribe to get a second opinion. Not being in the media or public exposure, nobody really knew anything about the tribe having six prior final settlements.

But as to the federal Indian policy that prevails and the congressmen that sustain it - yes, Jim is to blame. He says tribal support is so heavy in D.C. that if he opposed it, he couldn't get anything passed.

He joked with me that the Onondaga think they're their own country. I looked him in the eye and reminded him that it doesn't matter what the Onondaga think, it only matters what he thinks is right because Congress has plenary power over tribes.

He shut up, turned and walked away. He now reminds me that I am not his constituent and I get nowhere with him. I guess the truth hurt.
Posted by: Rich_Tallcot

Re: Tribal News - 03/02/08 03:25 PM

Originally Posted By: grinch
They should sue the Federal Government for the land that comprises the Montezume Wildlife Refuge.

Of course they are not about to do that.

The Montezuma Wildlife Refuge is in the process of doubling in size.

But there's no reason for the tribe to sue for it. First off, they CAN'T sue the feds because they relinquished that right when they filed their claim with the Indian Claims Commission.

However, the National Parks Service will most likely hand it over to them for the asking. Because that is the new federal policy - i.e.: Montana Bison Range. If there's a tribe nearby, managenent is handed over to them.
Posted by: bluezone

Re: Tribal News - 03/04/08 08:05 AM

Originally Posted By: Rich_Tallcot


He shut up, turned and walked away. He now reminds me that I am not his constituent and I get nowhere with him. I guess the truth hurt.


I guess "his" taxpayers are not his constituents either.

.
Posted by: bluezone

Re: Tribal News - 03/04/08 08:08 AM

SANTA FE, N.M.—Gov. Bill Richardson on Wednesday ordered state police to block access to a high-stakes bingo parlor built in southern New Mexico by Oklahoma's Fort Sill Apache Tribe.

Richardson said he was forced to take action after receiving no assurances from the federal government that it would either approve or reject the tribe's plans for a gaming operation at the 30-acre site at Akela.

"We have emphatically stated our opposition to what clearly would be an illegal gaming operation in the state of New Mexico," Richardson said in a statement. "Because the federal government is abdicating its responsibility, I have no choice but to take immediate and forceful action to protect the citizens of New Mexico and the integrity of our gaming laws."






--------------------------------


And Spitzer said that this cannot be done?

.
Posted by: justaxme

Re: Tribal News - 03/10/08 03:18 PM

Do the hookers he paid for have to pay income taxes? Wonder if the tribes knew he was seeing hookers? Do you think the indians paid for any of his whores? I like the way he said that he has to regain the trust of his family but said nothing about New Yorkers. Throw the bum out!!!
Posted by: bluezone

Re: Tribal News - 03/10/08 05:40 PM

Would it have been illegal if he had done it on the reservation?

Whodathunk?
Posted by: bluezone

Re: Tribal News - 03/12/08 04:54 PM

§ 2719. Gaming on lands acquired after October 17, 1988

(a) Prohibition on lands acquired in trust by Secretary
Except as provided in subsection
(b) of this section, gaming regulated by this chapter shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless—
(1) such lands are located within or contiguous to the boundaries of the reservation of the Indian tribe on October 17, 1988; or
(2) the Indian tribe has no reservation on October 17, 1988, and—
(A) such lands are located in Oklahoma and—
(i) are within the boundaries of the Indian tribe’s former reservation, as defined by the Secretary, or
(ii) are contiguous to other land held in trust or restricted status by the United States for the Indian tribe in Oklahoma; or
(B) such lands are located in a State other than Oklahoma and are within the Indian tribe’s last recognized reservation within the State or States within which such Indian tribe is presently located.
(b) Exceptions
(1) Subsection (a) of this section will not apply when—
(A) the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination; or
(B) lands are taken into trust as part of—
(i) a settlement of a land claim,
(ii) the initial reservation of an Indian tribe acknowledged by the Secretary under the Federal acknowledgment process, or
(iii) the restoration of lands for an Indian tribe that is restored to Federal recognition.
(2) Subsection (a) of this section shall not apply to—
(A) any lands involved in the trust petition of the St. Croix Chippewa Indians of Wisconsin that is the subject of the action filed in the United States District Court for the District of Columbia entitled St. Croix Chippewa Indians of Wisconsin v. United States, Civ. No. 86–2278, or
(B) the interests of the Miccosukee Tribe of Indians of Florida in approximately 25 contiguous acres of land, more or less, in Dade County, Florida, located within one mile of the intersection of State Road Numbered 27 (also known as Krome Avenue) and the Tamiami Trail.
(3) Upon request of the governing body of the Miccosukee Tribe of Indians of Florida, the Secretary shall, notwithstanding any other provision of law, accept the transfer by such Tribe to the Secretary of the interests of such Tribe in the lands described in paragraph (2)(B) and the Secretary shall declare that such interests are held in trust by the Secretary for the benefit of such Tribe and that such interests are part of the reservation of such Tribe under sections 465 and 467 of this title, subject to any encumbrances and rights that are held at the time of such transfer by any person or entity other than such Tribe. The Secretary shall publish in the Federal Register the legal description of any lands that are declared held in trust by the Secretary under this paragraph.
(c) Authority of Secretary not affected
Nothing in this section shall affect or diminish the authority and responsibility of the Secretary to take land into trust.
(d) Application of title 26
(1) The provisions of title 26 (including sections 1441, 3402 (q), 6041, and 6050I, and chapter 35sections 1441, 3402 (q), 6041, and 6050I, and chapter 35 of such title) concerning the reporting and withholding of taxes with respect to the winnings from gaming or wagering operations shall apply to Indian gaming operations conducted pursuant to this chapter, or under a Tribal-State compact entered into under section 2710 (d)(3) of this title that is in effect, in the same manner as such provisions apply to State gaming and wagering operations.
(2) The provisions of this subsection shall apply notwithstanding any other provision of law enacted before, on, or after October 17, 1988, unless such other provision of law specifically cites this subsection.






----------------------------------------------

Gaming on land acquired after 1988 is prohibited.




.
Posted by: bluezone

Re: Tribal News - 03/12/08 05:17 PM

-The St. Regis Mohawk Tribe testified before a Congressional committee last week. The tribe called on federal lawmakers to launch an independent investigation into what the tribe termed was a new policy the Department of Interior used in its denial of the tribe’s land into trust application for its casino in Monticello.

Representatives of the tribe testified at a House Natural Resources Committee hearing on Feb. 27 and stated the Department of Interior’s Jan. 4 denial was “solely based on a new ‘commutable distance’ rule, which the tribe charged was created without adherence to normal federal rulemaking requirements. The new rule states that no land into trust application would be approved if the casino were located beyond a reasonable commutable distance from the reservation,” the tribe states.

St. Regis Mohawk tribal chief Lorraine White said the DOI's new guidance regarding commutable distance “is an astonishing offense to all of Indian Country’s 21st century sensibilities.

We thought the days of the Indian agents telling us what was good for us and keeping us annexed to the reservation and confined to forts were long gone. Clearly, we all still need to fight hard for our right to self-determination.”

The St. Regis Mohawk Tribe complained to the House committee that it was not given proper notice and afforded the opportunity to comment on the new policy. Among the issues it wants the independent investigation of DOT to address is what it terms was “an unreasonable delay” of nearly one year on its land into trust application” before it rendered its negative ruling.
Tribal chief Barbara Lazore added that the policy “never should have seen the light of day.” She noted that after 12 years of trying to obtain approvals for its Monticello project, “we have been dealt a fatal sucker punch. Now, without ever having been heard, the guidance has resulted in a devastating consequence and our project is now dead. The St. Regis Mohawk Tribe, for one, is calling on Congress to investigate the Interior and to withdraw this unlawful policy fraught with dreadful paternalistic undertones.”

According to a spokesperson, the tribe is in the midst of expanding its gaming operations in Upstate New York at its Akwesasne reservation. The tribe plans to add about 1,000 slot machines at the complex. It added 250 machines in February and intends to add another 250 in May.




----------------------------------------------------------

Was under the impression that the tribes wanted to be left alone on their reservations?

Are they suggesting that the tribal members are willing to drive hundreds of miles to a casino but will not drive off the reservation for a job not at a casino?




And how many casinos does one tribe honestly need?






.
Posted by: bluezone

Re: Tribal News - 03/13/08 02:39 PM

..."If Rhode Island wins, the precedent is that the United States may be very limited as to which tribes they can take land into trust for," Healey wrote. "The direct result of such a precedent is that states will lose control over less land because the United States will not be able to take as much from the states' jurisdiction."...
Posted by: bluezone

Re: Tribal News - 03/15/08 04:30 PM

A Republican Senator last month introduced a bill to amend the Indian Gaming Regulatory Act.
Posted by: Rich_Tallcot

Re: Tribal News - 03/26/08 07:29 PM

Another very typical new story. And you can thank our congressmen and senators for promoting tribalism.

Raid on reserves nets $2.5M, grenade launchers

http://www.ctv.ca/servlet/ArticleNews/st...?hub=TopStories

Wed. Mar. 26 2008 CTV.ca News

Police stand guard outside an area raided by police during 'Operation Cancun' on Wednesday, March 26, 2008.

A massive police raid at three different Mohawk reserves in Quebec Wednesday morning netted $2.5 million in cash and a large firearms cache, including three grenade launchers.

The raids, 15 in total, resulted in the arrests of 29 people whom police allege were part of an international drug ring.
"This is a well-established criminal organization that's been operating . . . and exporting marijuana to the United States for several years," Supt. Steve Covey of the RCMP told CTV Montreal. "Definitely a lucrative organization."

About 110 kilograms of marijuana as well as some luxury vehicles were also seized in the operation.

Police said that they weren't sure the reason why such a large number of firearms, including assault rifles and grenade launchers, were accumulated.
"All the arms will be examined by experts, and we'll try to establish their provenance," Insp. Lino Maurizio of the Quebec provincial police said.

Charges laid after the raid include, conspiracy, drug trafficking, weapon charges and gangsterism.

About 300 police officers from the RCMP, Quebec provincial police, U.S. Drug Enforcement Administration and Mohawk authorities took part in the raids, which was coined "Operation Cancun."

Police allege that a drug ring was producing and exporting marijuana on the reserves, to be distributed mostly to the U.S.
The raids involved three Mohawk reserves:

• Kahnawake, south of Montreal;
• Kanesatake, just west of Montreal and most famous for being the site of the 1990 Oka crisis; and
• Akwesasne, which straddles Ontario, Quebec and New York state.

Some of the drugs were grown in the Chateauguay and Mascouche regions, outside of Montreal, Maurizio said.
The police investigation has been ongoing for over a year. It is expected to take another two months to wrap-up.

"This was a marijuana production and exporting operation. The pipeline seemed to be from the Mohawk territories here in Quebec across the U.S. border," CTV Montreal's Derek Conlon told Newsnet Wednesday.

Kahnawake is about a 75-minute drive from the U.S. border, and Akwesasne straddles it, he said, adding that Kahnawake appears to be at the centre of the operation.

While there's been ongoing contraband tobacco trade on the reserves, this has been the largest drug-related set of arrests, Conlon said.

Gordon McGregor, president of Quebec's association of aboriginal community police chiefs, said there have been serious problems at these reserves because of the flood of money and drugs.
"Imagine a little community when large amounts of money and drugs coming in like that, the trouble that comes with it,'" said McGregor.

"For us, our priority is drugs. Drug trafficking causes the biggest social problem in our communities.'"
With a report from CTV Montreal's Derek Conlon and files from The Canadian Press
Posted by: grinch

Re: Tribal News - 03/28/08 04:54 PM

This is not news, but worthy of note. We have all read of the claim to sovereignty by the various Indian tribes throughout the United States. There are those saying they are not citizens of the USA and are beholding only to their own government, be it Cayuga, Seneca, Oneida, Mohawk or what have you. That is not true


All Indians are citizens of the United States, and all owe their allegiance to the United States of America. They are not separate nations, but more akin to a Village, Town or City government. This business of dealing with the tribes on a government to government basis is the same as dealing with a village, town or city, not another sovereign nation.


In the year of 1909 the USA wanting to make peace with all tribes began talking of granting US citizenship. At the request of the US Mr. Wannamaker whose family were well known merchants undertook the task of visiting each tribe and securing a pledge of allegiance from every Indian Tribe in the USA. His efforts were successful and after an arduous 7 months journey to every corner of the United states the task was completed in the year of 1913 Mr. Wanamaker. reported ALL the tribes willingly signed and did so voluntarily. At the web site I am posting the location of the actual document where it is available for review.


http://www.rain.org/~karpeles/decfrm.html

Here is an excerpt from a report of that pledge and notes the historical significance of its signing. A monument dedicating the signing was built and because of this pledge of allegiance, all North American Indians were granted citizenship in 1924.

"Equally important, these 189 tribes included every tribe in the United States with no exceptions. It is the only document ever signed by all native American tribes in the United States. The Declaration is the first voluntary acknowledgment of the sovereignty of the United States over all American Indian tribes.
The fact that no tribe refused to sign and all tribes volunteered to sign may seem strange today, but it was a special time of reconciliation even between Indian tribes."

If anyone is confused about the status of the Cayuga, Oneida and other tribes it is well worth the read.



In tonight's Finger Lakes times there is an article concerning an interview with Congressman Arcuri. Here is an excerpt from that article:


"Congressman Michael A. Arcuri spoke to area chamber members Thursday, sharing his opinion on a variety of topics, including the Cayuga Indian Nation wanting its land put into trust.

"[It] creates de facto reservations, and that is not the intention of the land in trust program,'' Arcuri, D-24 of Utica, said during a luncheon at the Holiday Inn.

"I think the Supreme Court's ruling in the Sherrill case was correct and points out the negative effects of land in trust ,''Arcuri said, calling the land into trust for the Cayugas "illogical.''

"There is no backstop, no end in sight and that is frightening. I hope the Supreme Court recognizes the potential harm to communities and school districts when huge swaths of land comes off the tax rolls,'' Arcuri said."
http://www.fltimes.com/articles/2008/03/28/news/news03-01.txt


Something that caught my attention in the article aknowledging the USA as the absolute sovereign over all tribes, the article went on to say all tribes in the US were contacted and willingly agreed to that premise. At that time they totaled 189 recognized tribes and were represented by 900 chiefs. Today we have 600 or more tribes, where did they all come from? Reminds me of an old joke. Is it possible that so many were overlooked, or are we dealing with different settlements or villages rather than actual tribes?
Posted by: Rich_Tallcot

Re: Tribal News - 03/28/08 09:39 PM

What Congressman Arcuri says and what Congressman Arcuri does may end up being two different things. He says de facto reservations were not the intent of the trust process, the negative effects are real, land into trust for the Cayuga tribe is illogical.

On the other hand he continues to promote settlements of compromises to allow negative effects, and promotes cutting deals for restricted fee lands which gives the tribes what they want and shifts the "blame" onto local communities for accepting the consequences.

See my post at http://forums.fingerlakes1.com/ubbthread...true#Post771887

Trust lands do not apply here. It's not about casinos and it's unfortunate all people comprehend is the tax loss. The ONLY way to circumvent the courts ruling that trust lands do not apply here is to cut deals!

As to the federal Indian policy that prevails and the congressmen that sustain it - it appears that Arcuri is just as much to blame as Walsh and the rest of them.

Ya think cutting deals to "mitigate negative impacts" should ring a bell, send up a red flag, and put a question in the mind of even a congressman to ask themselves why they continue to promote negative impacts and why they continue to promote tribalism?

Arcuri says the ruling and negative effects pointed out in the Sherrill case were correct. So why does he continue to promote "cutting deals"?

CONGRESS has the authority to change federal Indian policy. Arcuri's not working to do that. SCOTUS has the authority to prevent unconstitutional federal Indian policy from being promoted. Arcuri is working to circumvent that.

Actions speak louder than words.


You say you were reminded of an old joke?

As for the pledge of allegiance from every Indian Tribe, I can hear their arguments now:


Oh, but but but

my ancestors were drunk, being drunk is an excuse,

they didn't understand English,

I don't understand English,

we didn't get paid enough for signing,

the 23 virgins never materialized and we're declaring this allegiance void,

the chiefs that signed were the wrong chiefs,

we thought the United States was surrendering to us,

the process was flawed and rushed,

we care about the Mother Earth, a casino will not harm the environment,

we care about wildlife and this sustained our right to kill eagles and whales,

we were here first and the tribes we exterminated and stole the land from don't count because they're all dead,

Anti-casino people are racists, terrorists and liars,

Colleges are worse than casinos,

Any job is a good job,

our tribe is coming home,

Indians care more about the land than white people so if they want to build a casino it must be OK,

If you don't like it here, move,

A casino will be good - because we say so!

People who live in subdivisions shouldn't throw stones at casinos,

Mitigation money or enough therapy can solve anything,

Casinos are good for the real estate market,

A mega casino will help surrounding communities,

What's environment?

Indians good, original settlers bad,

We didn't authorize those chiefs to sign this 100 years ago, so it doesn't count,

We want our casino,

Our home stinks and a casino would make it so much better,

What impacts, there are no impacts,

I've been to places with casinos - they're nice,

Community plazas are the same thing as casinos,

If a casino comes, the rivers will run with chocolate, dollar bills will fall from the sky like manna from heaven, the sun will never set, the streets will be paved with gold, and peace and harmony and all sorts of wonderfulness will follow us like soft little baby lambs all the days of our lives.

Mr. Rodman Wanamaker was not granted explicit congressional authority to do this, so it's void,

So sue me, oh that's right, you can't because I have sovereign immunity and your congressman and senators sustain this federal Indian policy,

So there!

X - Mr. Wannabe Chief
X - Mrs. Clan Mother
X - Sir Sachem Trail
X - Halfdog Halfcat
X - X
X - X
X - X
X - X
X - X
X - X
X - X
X - X
X - X
Posted by: bluezone

Re: Tribal News - 03/29/08 04:55 PM

Both good posts. Seems that the tribes want to be US citizens with all the benefits but than want to claim "sovereign" status in order to be above the laws and taxes.
Posted by: newsman38

New Cig Taxes on Way - 03/30/08 11:18 AM

New York Post

Online shoppers could soon be paying sales taxes as part of the new state budget being negotiated by Gov. Paterson and the Legislature.

An increase in the state cigarette tax is also under strong consideration

By KENNETH LOVETT
March 30, 2008 -- ALBANY
Posted by: bluezone

Re: Tribal News - 03/30/08 06:37 PM

Originally Posted By: Rich_Tallcot
... land into trust for the Cayuga tribe is illogical.





If the oneida tribe is "given" the 17,000 acres then will NY/USA not be obligated to feed, cloth, house, medicate... them anymore?
Posted by: Rich_Tallcot

Re: Tribal News - 03/30/08 09:07 PM

Bluezone: I'm sure you've heard the saying the more one has the more they get.

Well - that's the way it works.

The more land base a tribe has, the more they qualify for from HUD, EPA, SBA, IHS, …..

The tribes are wards of the federal government on a government to government basis. The more the politicians give them, the more the politicians get. It's a money laundering scheme that congress has sustained long since before casinos.

Tribes then donate not only to individual candidates, but to party committees who then donate to candidates (most often the incumbents). It's openly a money laundering process because any tribe that can afford to give their money away to influence politicians is obviously self sufficient enough they don't need grants or trust lands. Both are supposed to be based on "needs".

i.e.:
FRIENDS OF ROANN DESTITO
ONEIDA INDIAN NATION GENERAL FUND $750.00 27-Jul-07
Also notes are MANY campaign funds for candidates donate to DIFFERENT candidates.
FRIENDS OF MICHAEL ARCURI $500.00 23-Jan-06
HALBRITTER, JANE $200.00 10/03/2007
ONEIDA INDIAN NATION $400.00 19-Oct-06
ONEIDA INDIAN NATION GENERAL FUND BOX 1 TERRITORY RD., ONEIDA NY 13421 $300.00 11/9/2006
ONEIDA INDIAN NATION GNL FUND BOX 1 TERRITORY ROAD, ONEIDA NY 13421 $1,000.00 12/9/2006
ONEIDA INDIAN NATION BOX 1 WEST RD., ONEIDA NY 13421 $750.00 6/18/2007
ONEIDA INDIAN NATION GENERAL FUND $750.00 7/27/2007
ONEIDA INDIAN NATION GENERAL FUND $250.00 8/31/2007

There's $4,900 in two years from the Oneida tribe to one State Assemblywoman RoAnn Destito. Her husband has a contract with the tribe.

Then there's:

Democratic SENATE Campaign Committee
Oneida Indian Nation, 579A Main St., Oneida, NY 13421 $ 5,000.00 1/11/2008
Oneida Indian Nation, 1 Territory Road, Oneida, NY 13421 $ 1,000.00 5/11/2006
Oneida Indian Nation, 1 Territory Road, Oneida, NY 13421 $ 500.00 5/15/2007
NYS Democratic Committee
Oneida Indian Nation, 1 Territory Road, Oneida, NY 13421 $ 400.00 9/7/2006
Democratic ASSEMBLY Campaign Committee
Oneida Indian Nation, Box 1, West Rd., Oneida NY 13421 $ 300.00 6/25/2007

NYS SENATE Republican Committee
Oneida Indian Nation, Box 1, West Rd., Oneida NY 13421 $ 3,000.00 1/11/2008
Oneida Indian Nation, Box 1, West Rd., Oneida NY 13421 $ 1,000.00 5/18/2006

Working Families Party (usually donates to Democrats)
Oneida Indian Nation, Box 1, West Rd., Oneida NY 13421 $25,000.00 5/23/2006

There's $36,200 from just the NY Oneida tribe to lube the state political coffers.


MIKE NOZZOLIO FOR STATE SENATE
The list goes on and on and on, I didn't even list all the county committees - but you won't find any tribes donating to Nozzolio.
26-Oct-06 NYS REPUBLICAN STATE COMMITTEE $50,000.00
10-Jan-07 NYS SENATE REPUBLICAN CAMPAIGN COMMITTEE $35,000.00
31-May-07 NYS REPUBLICAN COMMITTEE $10,000.00
2-May-07 1199 SEIU PAC $6,000.00
27-Feb-07 WILMORITE, INC $3,000.00
23-Oct-06 MONROE COUNTY REPUBLICAN COMMITTEE $3,000.00
19-Jun-06 MONROE COUNTY REPUBLICAN COMMITTEE $3,000.00
28-Feb-06 MONROE COUNTY REPUBLICAN COMMITTEE $10,000.00
4-Jan-07 MONROE COUNTY REPUBLICAN COMMITTEE $10,000.00
31-May-07 NYS REPUBLICAN COMMITTEE $10,000.00
10-Jan-07 NYS SENATE REPUBLICAN CAMPAIGN COMMITTEE $35,000.00
26-Oct-06 NYS REPUBLICAN STATE COMMITTEE $50,000.00
10-Jul-07 WILMORITE, INC $2,500.00
31-May-06 SENECA COUNTY REPUBLICAN COMMITTEE $2,000.00
28-Nov-07 O'BRIEN & GERE LABORATORIES, INC $1,250.00

What one has to look for are side influences in any donations. I'm NOT saying they influence those they're donating to. The system IS legal and one has to be your own judge.

I KNOW the Hotel Workers Union lobbied hard to push casinos. MANY times searches have to be made to determine who is actually donating. One may wonder why SEIU PAC donated $6,000 to Mike in May of '07. The SEIU stands for SERVICE EMPLOYEES INTERNATIONAL UNION. Maybe it was for his vote to approve the Seneca casino.
I also see that Wilmorite keeps his fingers in the pie.

There are MANY ways to see who gives what - BUT, MANY web sites do NOT have stats that go back more than a year. So if you check them, it's best to save them to a CD.

ONE site is http://www.sunlightny.com/
Posted by: bluezone

Re: Tribal News - 04/01/08 09:33 AM

Originally Posted By: Rich_Tallcot


The more land base a tribe has, the more they qualify for from HUD, EPA, SBA, IHS, …..



And I wonder what treaty specifies that they should receive these monies?
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 12:58 PM

Ahh - the advantages of having a reservation to hide on and congressmen who support the system.

http://www.newsday.com/business/ny-bzcigss0401,0,3928524.story

Newsday.com
Poospatuck bootleg cigarette murder goes to jury
BY ROBERT E. KESSLER

March 31, 2008

Jury deliberations began Monday in the trial of a multimillionaire businessman accused of killing a rival for control of the lucrative cigarette bootlegging business on the Poospatuck Indian Reservation in Mastic.

Federal prosecutors charged Rodney Morrison, the owner of the Peace Pipe Smoke Shop, with orchestrating the 2003 murder of former protégé Sherwin Henry after he left Morrison's employ and set up the competing Golden Feather Smoke Shop.

Prosecutors also charged Morrison, who is being tried in federal court in Central Islip, with having Jesse Watkins, the owner of another rival cigarette shop, Monique's, beaten and robbed of tens of thousands of dollars in cash and cigarettes; and with having the car of another competitor, Thomasina Mack, the owner of the TDM cigarette shop, destroyed by arson.

"[Morrison] is a man who executed a reign of terror on the Poospatuck Reservation for years," said Assistant U.S. Attorney John Durham, who is prosecuting the case with Assistant U.S. Attorney James Miskiewicz.

"Jesse Watkins paid with his cigarettes, his cash and his blood; Ms. Mack paid with her car, and Sherwin Henry paid with his life," Durham said in closing remarks at the four-month trial.

But Morrison's lead defense attorney, William Murphy, a prominent Baltimore lawyer, scoffed at the government's case in his closing remarks, calling many of the key government witnesses "the most singularly incredible group of people any government has put on the stand to convict anybody."

Murphy said the witnesses had motives to manufacture false testimony against Morrison -- to get reduced sentences for crimes they had committed or to continue operating in the bootleg cigarette business.

"They literally gave the store to these witnesses, with a variety of sweetheart deals," Murphy said.

Morrison's cigarette operation was very successful. When he was arrested he offered $56 million as bail, but a judge rejected the bail, saying Morrison was a flight risk and a danger to the community.

Murphy said it was his client's very success in business that resulted in the case being brought against him. "[He] is filthy rich," he said. "And that has been made into a sin in this courtroom. He had lots of money. And he worked hard to get it, too."

But prosecutors countered that Morrison paid $5,000 to have Henry killed and was so satisfied with the result he paid an additional $10,000 bonus.

If Morrison is convicted, he faces up to life in prison.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 01:03 PM

http://www.indianz.com/News/2008/007926.asp?print=1

Judge subjects Oneida fee land to local jurisdiction
March 31, 2008

A federal judge on Friday gave approval for a local government in Wisconsin to assert jurisdiction over fee lands owned by the Oneida Nation.

In a 47-page decision, Judge William Griesbach acknowledged that the Indian Reorganization Act put an end to allotment of the tribe's 64,000-acre reservation. But he said the tribe must go through the land-into-trust process before asserting properties it recently acquired.

"Congress established a procedure which would permit the orderly return of reservation lands to protected status by the Secretary of the Interior upon consideration of the interests of all concerned," Griesbach wrote in describing the provisions of the IRA that authorized the land-into-trust process.

The decision relied in part on a U.S. Supreme Court ruling from 2003 in which the Oneida Nation of New York was told to follow the IRA process. The tribe is now waiting on action from the Bureau of Indian Affairs to have about 13,000 acres in two counties placed in trust.

The Oneidas of Wisconsin have submitted land-into-trust applications in the past but not for every parcel the tribe owns in the Village of Hobart. Until all of the land is placed in trust by the BIA, the village has jurisdiction, Griesbach ruled.

The village "has condemnation, special assessment and taxation authority over lands purchased in fee ... unless and until the tribe's application to place such land in trust pursuant to 25 U.S.C. § 465 is granted," the decision stated.

Thanks to gaming revenues, the tribe has reacquired about 6,800 acres in the village of Hobart. But only 1,034 acres are actually in trust, according to the court decision.

The parcel that spurred the court dispute is part of a proposed industrial park. In hopes of limiting development, the tribe purchased more than 75 percent of the 490-acre site.

The tribe has paid more than $1 million in special assessments on the parcel since 2001, according to the decision. That hasn't stopped the village from trying to condemn the land in order to develop the industrial park.

In ruling for Hobart, Griesbach noted that local governments in New York are trying to foreclose on fee land owned by the Oneida Nation. A federal judge has said the Oneidas of New York are protected by sovereign immunity.

Griesbach, however, said such a holding runs contrary to the Supreme Court's decision in Sherrill v. Oneida Nation and other jurisdictional disputes. "Unless a state or local government is able to foreclose on Indian property for nonpayment of taxes, the authority to tax such property is meaningless, and the [Supreme] Court’s analysis ... amounts to nothing more than an elaborate academic parlor game," he said.

"Since it hardly seems likely that the Court was simply playing a game in those cases, I conclude, contrary to the district court in the Oneida Indian Nation cases on remand from Sherrill, that implicit in the Court's holding that Indian fee lands are subject to ad valorem property taxes is the further holding that such lands can be forcibly sold for nonpayment of such taxes," he added.

The Hobart case is being closely watched by Indian law practitioners. The Native American Rights Fund and the National Congress of American Indians, through their joint Tribal Supreme Court Project, helped the Great Lakes Intertribal Council file a brief in the case.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 10:26 PM

Several tribes owned slaves. This one made a treaty to accept them into their membership after the Civil War. Recently they exposed their racism by cutting the freedmen out of their membership. The feds ordered them reinstated.

But in the recent debate over why the tribe hadn't issued tribal cards to the freedmen, it was argued by the tribe that by "federal law" only Indian descendants of tribes are allowed them.

Also interesting is why this tribe with a lurative tribal casino needs $300 million a year in taxpayer funds to operate.


Indianz.Com. In Print.
http://www.indianz.com/News/2008/007867.asp

Appeals court to hear Cherokee Freedmen case
Thursday, March 27, 2008

The dispute over the legal status of the Cherokee Freedmen will be heard by a federal appeals court in May amid efforts by Congress to resolve the controversy.

The Freedmen are the descendants of former slaves. They say a treaty signed after the end of the Civil War guarantees them citizenship in the Cherokee Nation of Oklahoma.

Tribal leaders and members disagree. In March 2007, Cherokee voters amended their constitution to deny citizenship to people who can't trace their ancestry to the Indian portion of the Dawes Rolls that were created by the federal government after the 1866 treaty.

A tribal court has reinstated about 2,800 Freedmen to citizenship pending a challenge to the referendum. But that hasn't stopped litigation over the dispute and it hasn't stopped members of Congress from threatening to cut federal funding to the Cherokee Nation.

The Bureau of Indian Affairs has said it will protect the rights of the Freedmen. Assistant secretary Carl Artman told Cherokee Chief Chad Smith that the tribe agreed to enroll the Freedmen "in exchange for amnesty and the continuation of the government-to-government relationship" in a May 2007 letter.

But the Bush administration says the litigation filed by Marilyn Vann, a Freedmen leader, should end since one of the main issues in the case -- the status of the Cherokee constitution -- has been resolved. In August, Artman approved changes to the tribe's constitution -- including a provision that eliminates future federal review of the document.

The Department of Justice filed a motion to dismiss Vann's case but Judge Henry H. Kennedy in Washington, D.C., declined in a short decision on February 7. Kennedy, however, agreed to stay proceedings pending an appeal to the D.C. Circuit Court of Appeals.

On May 6, a three-judge panel of the appeals court will consider another big issue in the case -- whether the Freedmen can sue the Cherokee Nation. Kennedy ruled that the tribe's sovereign immunity was waived by the 1866 treaty and the Thirteenth Amendment to the U.S. Constitution, which outlawed slavery.

The tribe is disputing the idea that it can be sued without its consent. Cherokee leaders say Kennedy's decision sets a bad precedent for Indian County, though only a small number -- most notably the Seminole Nation of Oklahoma -- signed treaties regarding their former slaves.

In addition to the lawsuit, the tribe is fighting legislation that could cut off its federal funds unless the Freedmen are permanently restored to citizenship. Last September, the House added a provision to the Native American Housing Assistance and Self-Determination Act that would eliminate housing funds.

Chief Smith has appealed to other tribes in the U.S. and Canada -- and even to the United Nations -- to protect what he says is the Cherokee Nation's inherent right to decide who is entitled to citizenship. The tribe also has mounted an extensive lobbying and public relations campaign to protest the legislation.

"The legislation would, in effect, either allow Congress to determine membership in the Cherokee nation or sever federal financial obligations to the nation, close Cherokee businesses, and legitimize unfounded lawsuits against the nation," Smith told the United Nation's High Commissioner for Human Rights last month.

According to the tribe, it will lose out on $300 million in direct federal funding under the various pieces of legislation. Under one bill, the tribe will be forced to close its gaming facilities, which are a significant source of revenue.

The May 6 oral arguments will be heard by Judge David S. Tatel, a Clinton nominee, Judge Merrick B. Garland, a Clinton nominee, and Judge Thomas B. Griffith, a Bush nominee.

Tatel has heard a number of Indian law cases, including the Cobell trust fund case. Garland also has heard the Cobell case. Griffith is relatively new to the court and used to work for the Senate as its legal counsel.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 10:35 PM

Very interesting decision yesterday in the supreme court. As I understand this decision nationals from other countries do not have the right to have their treaties from their countries interfere with United States Law.

Is this relevant to Indian Tribe Treaties with the United States? Does this decision trump tribal sovereignty? Is it possible that all state laws do apply on Indian Reservations?

Court Deals Blow to International Treaties
Wall Street Journal
By JESS BRAVIN
March 26, 2008; Page A3

WASHINGTON -- In a setback for international law, the Supreme Court said U.S. ratification of certain treaties isn't enforceable in American courts unless Congress takes additional steps to make it so.

The 6-3 decision involved Jose Ernesto Medellin, a Mexican national convicted of a gang rape and murder in Houston. Contrary to U.S. treaty obligations, local authorities failed to notify Mexican diplomats or tell him of his right to contact his consulate after he was arrested. Mr. Medellin, who is now on death row in Texas, sought a hearing over whether his ability to defend himself suffered because of the lack of notification, but the Supreme Court said Texas state courts needn't hold a hearing.

For years, foreign governments have complained about spotty U.S. compliance with the Vienna Convention on Consular Relations, which requires that aliens be put in touch with their home country diplomats when they run into trouble overseas.
The State Department typically apologized when local authorities overlooked the treaty obligation, but said the decentralized nature of the American justice system left the federal government powerless to influence what state courts did.

Under an annex to the Vienna Convention, ratified in 1969, the U.S. agreed to give the world court "compulsory jurisdiction" over treaty disputes. Mexico filed suit against the U.S., asking the world court to vacate the death sentences of some 50 Mexicans who were convicted without having been advised of their consular rights. The U.S. didn't dispute the treaty violation but maintained that it had no obligation to provide a remedy.

In its 2004 decision, the world court told the U.S. to provide "review and reconsideration of the convictions and sentences" to see if the failure to provide consular notification had prejudiced the cases. The White House responded by withdrawing from the annex giving the world court jurisdiction over future Vienna Convention disputes. But, hoping to lessen his administration's reputation for indifference to international law, President Bush issued a memorandum directing state courts to "give effect" to the world court decision.

Soon after the world court's decision, an Oklahoma court ordered a hearing into a condemned inmate's Vienna Convention claim, and the state's governor then ended the issue by commuting the prisoner's sentence to life without the possibility of parole.

Texas proceeded with plans to execute Mr. Medellin, and the state's Court of Criminal Appeals ruled that President Bush had no power to interfere with the proceedings. Mr. Medellin, backed by the Bush administration, appealed to the Supreme Court.

Writing for the majority, Chief Justice John Roberts explained that as federal law stands, there is no way to enforce the Vienna Convention. "No one disputes that" the world court's decision "constitutes an international law obligation of the United States," he wrote. But because Congress hadn't enacted additional legislation making it enforceable in domestic U.S. courts, it had no practical effect.

While the U.S. gave the world court jurisdiction over treaty disputes, the protocol it signed "does not itself commit the signatories to comply" with the court's judgment, the chief justice wrote. He was joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito. Justice John Paul Stevens concurred but wrote separately.

The only way to enforce the judgment was through a United Nations Security Council resolution, the chief justice wrote. Since the U.S. holds a veto there, no world court decision could ever be enforced over Washington's objection.

President Bush claimed authority to order compliance with the world court order as part of his foreign-policy responsibilities. The court found he had no power to give orders in state court proceedings. Never before, the chief justice wrote, had a president issued an order that "reaches deep into the heart of the State's police powers and compels state courts to reopen final criminal judgments and set aside neutrally applicable state laws."

In dissent, Justice Stephen Breyer, joined by Justices David Souter and Ruth Bader Ginsburg, noted that the U.S. had signed many treaties with similar terms. "In signing these treaties...was the United States engaging in a near useless act?" Justice Breyer wrote. "In a world where commerce, trade, and travel have become ever more international, that is a step in the wrong direction."

(Medillin v. Texas)
International Law, and Order
March 26, 2008; Page A14

Everyone waxing outraged about the big Medellín decision yesterday is focusing on the death penalty, but the Supreme Court did something else entirely: It insulated American law from the international variety. And this modest and limited ruling should help restore those two qualities to U.S. courts, which is no doubt one of the reasons the Roberts Court's political opponents are so livid.

Though the case became a global cause célèbre, its sordid origins trace to 1993, when José Medellín, a Mexican national, murdered two Houston teenagers. He was sentenced to death by a Texas jury, but his lawyers argued on appeal that he hadn't had access to Mexico's consulate before he confessed to his crimes.

This was a violation of the 1963 Vienna Convention, which holds that diplomats are supposed to be notified when their nationals are arrested. In response, the U.S. government took steps to ensure states better comply in the future, both to fulfill its treaty obligations and serve the reciprocal interests of U.S. citizens detained abroad.

But Mexican authorities made the case a referendum on capital punishment and international legal norms, ultimately suing the U.S. in the International Court of Justice at The Hague. The ICJ ruled in Mexico's favor, ordering states to give Medellín and some 51 other nationals new hearings. The question before the Supreme Court was whether such international dictates must be enforced by sovereign state courts. An affirmative answer might have gone a long way toward validating the expansive claims of liberal legal theorists that U.S. courts take instruction from the U.N., among other moral oases.

Chief Justice John Roberts, writing for the 6-3 majority, ruled that the ICJ finding was not binding because the Vienna Convention is an understanding between governments, a diplomatic compact. It was never intended to automatically create new individual rights enforceable domestically by international bodies. Texas's violation was of diplomatic protocols, and calls for a diplomatic remedy.

Treaty obligations, in other words, do not necessarily take on the force of law domestically. Rather, Congress must enact legislation for whatever provisions -- such as consular notification -- that it wants to make the formal law of the land. This distinction matters because it establishes a fire wall between international and domestic law. It also protects the core American Constitutional principles of federalism and the separation of powers. As Justice Roberts points out, the courts must leave to the political branches "the primary role in deciding when and how international agreements will be enforced."

Medellín v. Texas also swatted away a claim of Presidential power. While the Bush Administration did not agree with Mexico's choice of venue, or the intrusion on U.S. sovereignty, it attempted to allay the diplomatic ruckus by directing states to comply with the ICJ ruling in a 2005 executive order. The Court ruled that the President's power, too, was limited by the Constitution. The authority to make treaty commitments did not extend to unilaterally asserting new state responsibilities or legal duties. Again, the executive could only make new laws in conjunction with the legislature.

Devotees of using foreign law to overrule American politicians will squawk. But the Medellín majority has delivered a victory for legal modesty and the U.S. Constitution.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 11:15 PM

Part 1 of 4:

Indian Treaties

Many people agree that federal Indian policy (FIP) is harmful, even racist, but they think that these policies are required by the treaties that have been entered into between the federal government and Indian tribes. The United States Government entered into about 373 treaties with less than 150 Indian tribes between 1778 and 1868. Many tribes have multiple treaties, for example, there are twenty treaties with the Cherokee, forty-four with the Chippewa and fifteen with the Choctaw. The treaties and agreements with the various Sioux bands are recorded in a three volume book set. The Bureau of Indian Affairs recognizes 561 tribes (March, 2006). There are also, numerous agreements between the government and tribes starting in 1792 and occurring especially after the end of the treaty period in 1871.

The federal government recognizes hundreds of tribes that don’t have a single treaty with the government. There isn’t a single treaty between the government and Indian people
in general. All the treaties were between the government and specific Indian tribes. A treaty with one entity doesn’t bind relations with other entities. Treaty provisions with Spain, for example, don’t normally control our relations with Denmark. If FIP is required by treaty provisions why does the government recognize and deal with treaty and non-treaty tribes essentially the same. Why do they deal with different tribes who have different treaties, and treaty provisions, essentially the same? The vast majority of modern federal Indian policy is unrelated to Indian treaties.

The treaty period ended in 1871 through an obscure rider attached to an appropriations bill that said:

“That hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty: Provided, further, That nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe.”

This Act ended the treaty period without invalidating any of the treaties that had already been ratified. After 1871, the government continued to enter into numerous agreements with tribes.

The constitution makes treaties the “supreme Law of the Land” with this clause:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” [Art.VI, Cl. 2]

Indian treaties are valid historical documents equal to the highest law of the land and superior to state constitutions and laws, but are superseded by later federal treaties, legal agreements, laws, and, of course, the U. S. Constitution itself. For example, in Reid v. Covert, 354 U.S. 1 (1957) the Supreme Court has said:

“There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. 33 For example, in Geofroy v. Riggs, 133 U.S. 258, 267 , it declared:

‘The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the [354 U.S. 1, 18] government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.’

“This Court has also repeatedly taken the position that an Act of Congress, which must comply with the Constitution, is on a full parity with a treaty, and that when a statute which is subsequent in time is inconsistent with a treaty, the statute to the extent of conflict renders the treaty null. 34 It would be completely anomalous to say that a treaty need not comply with the Constitution when such an agreement can be overridden by a statute that must conform to that instrument.”

Tribal activists often claim a favored provision out of a single treaty while ignoring other provisions of the same treaty and also later treaties, agreements, laws and the Constitution with its amendments. They then attack anyone who objects to this simplistic approach as anti-treaty and anti-Indian.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 11:21 PM

Part 2 of 4

There are some very significant later laws and constitutional provisions that impact treaty interpretations. In 1868 the United States ratified the Fourteenth Amendment to the Constitution. That Amendment's Citizenship Clause says:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

In its 1999 Saenz v. Roe decision, the Supreme Court said that the constitutional protections in this Amendment bind the federal government just as they do the states. In its 1886 Yick Wo v. Hopkins decision the Supreme Court found that the Fourteenth Amendment's protections were "universal in their application, to all persons within the territorial jurisdiction" and that the "the equal protection of the laws is a pledge of the protection of equal laws… that 'all persons within the jurisdiction of the United States shall have the same right, in every state and territory.'"

In spite of their expansive language in Yick Wo v. Hopkins a phrase in the Fourteenth Amendment, "Indians not taxed," was used to exclude Indians from the Amendment's protections. "Indians not taxed" is a reference to non-citizen Indians.

In 1887, the federal government passed the Dawes Act and then amended it with the Burke Act of 1906. These Acts set up a twenty-five year trust process that would end with citizenship and full and equal constitutional protections for Indians. The Burke Act said:

"That at the expiration of the trust period and when the lands have been conveyed to the Indians by patent in fee, as provided in section five of this Act, then each and every allottee shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside: and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law….[The Indian allotee] is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens."

Tens-of-thousands of Indians became citizens through this process. The Citizenship Act of 1924 made all remaining American Indians citizens. The Fourteenth Amendment, The Dawes and Burke Acts, and the Citizenship Act of 1924 legally should take precedence over any inconsistent provisions of earlier treaties. Unfortunately, both Indians and non-Indians citizens affected by federal Indian policy still do not have the "the equal protection of the laws” and “the protection of equal laws."

Indians on reservations still do not have the protections of our state and federal constitutions. Not only is the current situation not required by law, it violates any normal understanding of law. For an explanation of this situation read the article entitled Why Indians are Second Class Citizens available at the bottom of the “Home Page” on CERA’s our web site at: http://www.citizensalliance.org

If treaties didn't prevent the end of tribal governments as political entities as mandated by the Dawes and Burke Acts, then these same treaties certainly can’t require the reestablishment of political tribal governments. Modern federal Indian policy is entirely dependent on the existence of tribal governments in order to function.
Posted by: Rich_Tallcot

Re: Tribal News - 04/01/08 11:28 PM

Oops - there is no part 4 - this is the LAST part

Ninth Circuit

In the same United States v. Lara opinion mentioned earlier, Clarence Thomas said:

"The tribes, by contrast, are not part of this constitutional order, and their sovereignty is not guaranteed by it... I cannot agree with the Court, for instance, that the Constitution grants to Congress plenary power to calibrate the 'metes and bounds of tribal sovereignty.' ...I cannot locate such congressional authority in the Treaty Clause, U. S. Const., Art. II, §2, cl. 2, or the Indian Commerce Clause, Art. I, §8, cl. 3…The Court utterly fails to find any provision of the Constitution that gives Congress enumerated power to alter tribal sovereignty. The Court cites the Indian Commerce Clause and the treaty power ...I cannot agree that the Indian Commerce Clause 'provide[s] Congress with plenary power to legislate in the field of Indian affairs.'... "

"Next, the Court acknowledges that '[t]he treaty power does not literally authorize Congress to act legislatively, for it is an Article II power authorizing the President, not Congress, 'to make Treaties.'" ... (quoting U. S. Const., Art. II, §2, cl. 2).

This, of course, suffices to show that it provides no power to Congress, at least in the absence of a specific treaty. Cf. Missouri v. Holland, 252 U. S. 416 (1920). The treaty power does not, as the Court seems to believe, provide Congress with free-floating power to legislate as it sees fit on topics that could potentially implicate some unspecified treaty. Such an assertion is especially ironic in light of Congress' enacted prohibition on Indian treaties.

"The Federal Government cannot simultaneously claim power to regulate virtually every aspect of the tribes through ordinary domestic legislation and also maintain that the tribes possess anything resembling 'sovereignty.'"

Not only is Judge Thomas correct in his analysis that you need a specific treaty, as has been noted above, you also need a specific treaty that hasn’t been voided by later treaties, agreements, laws or the provisions of the Constitution itself. Then that treaty only controls relations with the specific tribe involved. These limitations guarantee that treaties cannot provide a valid legal basis for modern federal Indian policy. Just one question should be sufficient to clearly demonstrate this fact. Where are the treaty provisions that authorize the federal government to hold the deed to "Indian land?" Very simply, they don't exist. Many of the most common treaty provisions would be fulfilled by finally granting all Indians equal citizenship.

"As long as the grass grows and the rivers flow" - confederate states !

Treaties don't give extra rights but only diminish rights - ACLU handbook
Posted by: Rich_Tallcot

Re: Tribal News - 04/02/08 07:33 PM

http://www.projo.com/news/courts/content/SMOKESHOP1_04-01-08_3G9JHLA_v22.3821d62.html

Smoke-shop trial heads to jury today
Tuesday, April 1, 2008
By Katie Mulvaney

PROVIDENCE - Though yesterday marked four years, eight months and 17 days since the state police raided the Narragansett Indian tribe's tax-free smoke shop, emotions surrounding that day's events remain raw, and personal, as made clear in arguments in Superior Court, Providence.

To lawyers defending seven Narragansett Indians arrested as state police executed a search and seizure warrant, the timing and manner of the raid was motivated by money and intended to humiliate the tribe.

"It was to send a message - to put a fist down on the Narragansett Indians, to put a fist down on the smoke shop," said William P. Devereaux, representing six tribe members on trial.

To prosecutors, the Narragansetts, led by Chief Sachem Matthew Thomas, willfully broke Rhode Island law and orchestrated the circumstances to embarrass the state police in the national and local media.

"He wanted a fight on his land, on his turf, and he got it," Special Assistant Attorney General Maria Deaton said.
Jurors digested these radically different takes during closing arguments yesterday in the trial of the Narragansetts accused of resisting and fighting with state police during the raid. The jury heard from 25 witnesses over 16 days of testimony about issues ranging from state police e-mails that were alleged to be missing to the federal government recognizing the tribe as a sovereign nation in 1983. They watched hours of video that often filled the courtroom with screams from the dramatic scene.
After the Judge Susan E. McGuirl gives the jury instructions this morning, many jurors will begin deliberations bearing notebooks loaded with notes taken over the past five weeks.

The tribe began selling tax-free cigarettes on its land in Charlestown as a moneymaking endeavor July 12, 2003, over Governor Carcieri's objections. Dozens of state police executed a warrant two days later to stop the sale of tax-free tobacco from the roadside shop.

Federal courts have ruled the state police had the authority to execute the warrant and seize cigarettes that day. Now the jury must decide whether seven Narragansetts are guilty of misdemeanor crimes of resisting arrest, disorderly conduct and simple assault related to the confrontation.

Kevin J. Bristow, representing tribe conservation officer Thawn Harris, faulted the raid as an overly aggressive action intended to send the tribe a message. Why else wouldn't the state pursue the issue in court, execute the raid in the early morning or take statements from civilian witnesses at the scene? he asked.

The only explanation, he said, is "This is politically motivated action by law enforcement at the direction of the commander in chief, the governor of the state."

Over three hours, he and Devereaux challenged the credibility of some of the 13 troopers to testify, arguing their accounts were inconsistent, unbelievable and scripted. "Why can't they give you a consistent account - if it's the truth?" Bristow said. "That's the problem with not telling the truth."

In particular, Bristow honed in on Trooper Ann Assumpico, Sgt. Douglas Newberg and Detective Joseph Philbin, who placed Harris under arrest after allegedly seeing him hit Assumpico. All testified to events not clearly evident in photos or video. Harris, 29, is charged with resisting arrest.

Devereaux took it a step further, accusing state police of using excessive force. He asked why state police commanders weren't called to testify about why they executed the warrant using a riot control team, SWAT team and a camouflaged officer with a German shepherd. He called Lt. Robert Mackisey, who arrested three tribe members and struggled with another, "a one-man wrecking crew" who took down four people in eight minutes. He showed images of Detective Kevin Barry's dog biting Tribal Councilman Hiawatha Brown as he lay face down on the ground.

"Who's going to be held accountable for knocking people down and then sicking the dog?" Devereaux said. The troopers did not intend to arrest anyone for selling the tax-free cigarettes and yet one of the defendant's ankles was snapped in two places, a teenager was put face-first into the dirt, and a pregnant woman, defendant Bella Noka, was taken to the ground, he said. He called on jurors to assess who caused the raid to erupt into a violent and tumultuous scene.

"When you look at those charges, were people reasonably defending themselves?" he said.

He questioned why the tribe wasn't shown the warrant until it was given to the Narragansetts' lawyer 25 minutes into the raid. He argued Sgt. Donald F. Devine didn't have the warrant in his pocket, as Devine testified, but had to get it from the car.

"To equate the Narragansett Indian tribe with the Hell's Angels - that is repugnant," he said, alleging that state troopers used more force on the Narragansetts than they did in the 2002 raid on the motorcycle club. "There's something wrong with that kind of thinking."

Devereaux dissected the charges against each of the six tribe members he represented using a timeline, photos and video. Assumpico, he said, placed her arm in the shop door as Tribal Councilman Hiawatha Brown closed it. Thomas, he said, was acting as "a good leader" when he went to protect Brown by grabbing a trooper. First Councilman Randy Noka was not flailing and kicking and resisting arrest as police said.

Calling the case historic, Devereaux asked the jury to acquit the tribe members. "I'm asking you to prove the mentality has changed," he said.

But Deaton implored the jury to trust its observations: "Trust yourself. Trust your eyes. Trust the photos and videos."
The state police, she said, were peacefully upholding their oath that day and showed incredible restraint in the face of being spit on, kicked, having someone jump on their back. They have wrongly been called "goons," "wife beaters" and repugnant throughout the trial's course, she said. "They used the minimum amount of force to restrain people who were attacking them," she said.

As state police Supt. Brendan P. Doherty and Attorney General Patrick C. Lynch looked on, Deaton accused the tribe and Thomas of leading a campaign to make the state police look bad and deliberately plotting to violate Rhode Island law by opening the shop. She dismissed arguments that the tribe tried to negotiate the tax issue, saying that Thomas didn't seek a court resolution first "because he knew what the answer would be." He knew state criminal and civil laws applied on tribal land, she said.

Contrary to testimony that the tribe was surprised by the raid, she said their own testimony showed they knew it was coming. A trooper had alerted tribal police a day earlier and Harris urged his wife to leave the area with their children shortly before the raid.

Deaton accused Thomas of deliberately prompting his own arrest in front of TV cameras after realizing he hadn't been arrested, while other tribe members had. She questioned testimony that Narragansett leaders just happened to be at the shop that day, saying Thomas organized resistance.

Thomas, she said, "doesn't tell people to stand down and let state police do their job. - They had no intention of honoring state law that day." Videos show they weren’t going to let anyone near the smoke shop, she said.

She asked jurors to send the defendants a message that they cannot commit crimes such as assaulting, spitting, kicking or grabbing the throat of a trooper as Hiawatha Brown is accused.

"The seven defendants want you to give them a pass because of what their ancestors went through," she said. She added: "We are a nation of laws, not men and we're going to honor the laws of Rhode Island, no matter who we are."

[Note: "Kevin J. Bristow, representing tribe ... , faulted the raid as an overly aggressive action intended to send the tribe a message. Why else wouldn't the state pursue the issue in court, ..." MAYBE because THAT state has a Governor that decided it was more logical to enforce the laws on the books rather than throw a piece of paper at them or try and negotiate ANOTHER final settlement because the tribe decided it didn't want to comply with the last one they agreed to.]

Note - "(William) Devereaux (representing the tribe) ... called Lt. Robert Mackisey, who arrested three tribe members and struggled with another, "a one-man wrecking crew" who took down four people in eight minutes." Woah - GOOD JOB ! Good thing he works for R.I. and not N.Y. NY would probably hang his butt for doing his job. ]
Posted by: Rich_Tallcot

Re: Tribal News - 04/02/08 07:35 PM

http://www.buffalonews.com/258/story/313661.html

The Buffalo News
WEDNESDAY, APRIL 2, 2008
Senecas rally against collecting taxes for New York State

The Seneca Nation of Indians staged a rally in Niagara Square today, send a message to Albany that it will not become a tax collector for New York.

More than 100 people turned out for the second annual rally, many waving signs that urged Gov. David A. Paterson to begin a dialogue with tribes. Under some previous administrations, attempts were made to collect taxes on cigarettes and other sales made by vendors on Indian reservations.

Speakers hit hard on laws that have given tribes immunity from taxation.

"Other people can try to break our treaties," said Seneca Nation President Maurice A. John Sr. "But as long as we keep our treaties, they're going to be valid."

Buffalo attorney Joseph Crangle, who has represented the Seneca Nation in numerous legal disputes, said it's important to look closely at a recent U.S. Supreme Court ruling that made it clear Indian retailers are "immune" from taxation.

"Immunity means you never had jurisdiction in the first place, and that's a key thing," Crangle said.

Representatives from some local unions also participated in the rally. They praised the Seneca Nation for investing hundreds of millions of dollars in area casinos and hotels. The enterprises have created 6,500 jobs, making the Seneca Nation the region's fifth largest employer.

[I think Crangle has been smoking peyote. ]
Posted by: bluezone

Re: Tribal News - 04/02/08 08:34 PM

Originally Posted By: Rich_Tallcot


Federal courts have ruled the state police had the authority to execute the warrant and seize cigarettes that day . Now the jury must decide whether seven Narragansetts are guilty of misdemeanor crimes of resisting arrest, disorderly conduct and simple assault related to the confrontation.

...Thomas didn't seek a court resolution first "because he knew what the answer would be." He knew state criminal and civil laws applied on tribal land, she said.


...They had no intention of honoring state law that day." Videos show they weren’t going to let anyone near the smoke shop, she said.



..."The seven defendants want you to give them a pass because of what their ancestors went through," she said. She added: "We are a nation of laws, not men and we're going to honor the laws of Rhode Island, no matter who we are."







You violate federal/state law then expect to be arrested.



.
Posted by: bluezone

Re: Tribal News - 04/02/08 08:37 PM

Originally Posted By: Rich_Tallcot
... send a message to Albany that it will not become a tax collector for New York.




then do not sell to any products to NY'ers.


.
Posted by: bluezone

Re: Tribal News - 04/02/08 08:40 PM

Originally Posted By: Rich_Tallcot
Is it possible that all state laws do apply on Indian Reservations?



;\)
Posted by: bluezone

Re: Tribal News - 04/02/08 08:55 PM

Originally Posted By: Rich_Tallcot
...The federal government recognizes hundreds of tribes that don’t have a single treaty with the government. There isn’t a single treaty between the government and Indian people in general. All the treaties were between the government and specific Indian tribes. A treaty with one entity doesn’t bind relations with other entities..


I asked this same question of laughinwillow and MKB but neither one responded. I have yet to read a treaty that states that the US has to provide housing, medical, schooling, full military protection, road construction... for ALL tribes.

IHS???


.


Should one conclude that the Constitution should only apply to the tribes that were present at the time it was adopted?


.
Posted by: Rich_Tallcot

Re: Tribal News - 04/03/08 03:02 PM

Tribal chief is miffed that OK is in the process of designating English as the official State language. He rambles about how Indians were forced to learn the language years ago or have their mouth washed out with soap - but admits he never went through that.

I add note here that in the same era, it didn't matter if you were an Indian or not, if a student was out of line in school they could expect the same or worse. Oh well ...


http://www.muskogeephoenix.com/local/local_story_094002959.html

Chief not allowed to speak in committee

OKLAHOMA CITY - The leader of the Cherokee Nation was barred from speaking in the state House General Government and Transportation Committee on Wednesday.

"This is reprehensible," said Rep. Mike Brown, D-Tahlequah. "The House of Representatives is supposed to be a forum of free debate. To not allow the leader of one of the great native nations who has contributed so much to our state is inexcusable."

"The bill, unfortunately, is more about politics than policy," said Rep. Jerry McPeak, D-Warner. "The leaders of our state agencies, such as the Secretary of State, have already taken steps to accomplish what this bill proposes. The author claims that he is not aiming this bill at Native Americans. Then who is his focus? Let’s address the real problem."

Cherokee Nation Principal Chief Chad Smith was in the committee to express his opinion on the "English only" language being inserted into Senate Bill 163. The chair of the committee, Rep. Guy Liebmann, R-Oklahoma City, would not allow Smith to express his opinions and concerns on the topic.

"We have Indians in this state who have lived under a regime of English only; that was the rule in Indian boarding schools in Oklahoma for generations,” Smith said in a release later in the day. "My father told stories of Indian children having their mouths washed out with soap at his boarding school for speaking Cherokee. I can’t say that his life was enriched by this experience. We've seen what English only has done to Native communities, where bilingual speakers are rarer today than ever. I can't see that Oklahoma is a better place because whole generations were punished for violating an English-only policy. The fact that the English-only policy being put forward today will not be applied to Indian languages does not mean that we think it is okay to do to another people what was done to our fathers."

Committees are the only part of the Legislative process that allows for citizens and other interested parties to give testimony and opinions on pieces of legislation introduced in the Legislature.

"Earlier this session, we allowed foreign Iraqi nationals to speak on the floor of the House of Representatives," McPeak said. "And I find it absolutely outrageous that Principal Chief Smith was not allowed to speak in a committee."

"Is this the way that we treat those who helped form the rich cultural heritage of our state?" Brown said. "Our Native American tribes are some of the biggest and most philanthropic entities in Oklahoma."

Smith said that while legislation designating English as the official state language does not appear to impose any substantial requirements on state agencies, local governments, or political subdivisions, it establishes a policy that is not representative of Oklahoma's history, people, and diverse cultures.

"Although legislative language designating English as the official state language often includes an exception for Native languages, Oklahoma was established and continues to function as a place of various cultures and languages that cannot be accurately represented by an official language," Smith said.
The amended bill will now go before the full House of Representatives
Posted by: Rich_Tallcot

Re: Tribal News - 04/03/08 03:12 PM

Originally Posted By: bluezone
IHS???

Should one conclude that the Constitution should only apply to the tribes that were present at the time it was adopted?


BZ - IHS - meaning Indian Health Service http://www.ihs.gov/

The Constitution should apply equally to all. In 1924 all remaining Indians that weren't citizens were made so. The U.S. cannot make treaties with it's own citizens. To make contracts with ethnic groups granting them super citizenship will one day be exposed for what it is.
Posted by: Andy

Re: Tribal News - 04/04/08 01:02 PM

Originally Posted By: Rich_Tallcot


Chief not allowed to speak in committee

OKLAHOMA CITY - The leader of the Cherokee Nation was barred from speaking in the state House General Government and Transportation Committee on Wednesday.

"This is reprehensible," said Rep. Mike Brown, D-Tahlequah. "The House of Representatives is supposed to be a forum of free debate. To not allow the leader of one of the great native nations who has contributed so much to our state is inexcusable."






WHINE, CRY, SNIFFLE
Posted by: bluezone

Re: Tribal News - 04/06/08 09:32 AM

Why is that the tribes claim that they needed federal approval for the treaties but they do not need federal approval to buy NY land?

I find that to be hypocritical of the tribes.
Posted by: bluezone

Re: Tribal News - 04/06/08 09:36 AM

Originally Posted By: Rich_Tallcot


Chief not allowed to speak in committee

OKLAHOMA CITY - The leader of the Cherokee Nation was barred from speaking in the state House General Government and Transportation Committee on Wednesday.

"This is reprehensible," said Rep. Mike Brown, D-Tahlequah. "The House of Representatives is supposed to be a forum of free debate. To not allow the leader of one of the great native nations who has contributed so much to our state is inexcusable." ...


And when was the last time he allowed a US citizen to speak in his tribal government?





.
Posted by: bluezone

Re: Tribal News - 04/06/08 09:38 AM

OIN is complaing that they cannot afford their taxes for the casino.



Let the county foreclose on the property like all others would have done.
Posted by: Rich_Tallcot

Re: Tribal News - 04/12/08 02:42 PM

Originally Posted By: bluezone
Why is that the tribes claim that they needed federal approval for the treaties but they do not need federal approval to buy NY land?

I find that to be hypocritical of the tribes.

Tribes can purchase property the same as anyone else. It's still subject to taxes, local laws, ordinances, and building codes as fee simple property. It does not make it "Indian land".

Unfortunately, our "local" district federal judge Hurd does not agree and has created havoc by ruling so. His ruling in the Sherrill case was overturned by the Supreme Court. His ignorance, arrogance and retaliation resulted in his ruling the laws can't be enforced anyway because a tribe's sovereign immunity preclude the municipal governments from enforcing the law as ruled by the Supreme Court.

An identical case in Wisconsin last month resulted in a blasting of Judge Hurd for his ignorance. Appeals courts will eventually straighten Judge Hurd out and "make this right".
Posted by: bluezone

Re: Tribal News - 04/15/08 06:14 PM

Strange that the tribes can thumb their nose at a Supreme court ruling but others would be locked up in jail.
Posted by: bluezone

Re: Tribal News - 04/15/08 06:29 PM

Uncollected Tax Dollars

January 15, 2008
We thought you would be interested in the following letter that has been sent to the members of the Legislature by Mr. Arthur H. Katz, Executive Director of the NYS Wholesale Marketers and Distributors.

January 10, 2008

Dear Legislative Member:

SHAME

Why do we continue to permit annual sales of 400 million packs of untaxed cigarettes to Indian sellers when it is known that illicit reselling is funding terrorism?

In America, our greatest triumph is adherence to the rule of law. Where laws end, terrorism begins. In 1994, the United States Supreme Court ruled (in Attea v. New York State) that New York was within its right to tax all cigarette sales to non-tribal members. Yet in the twelve years since that ruling the Pataki administration did not attempt to apply the law to a single Native American sale. Therefore, lacking accountability, these untaxed sales have reached an astounding 40 million cartons annually with lost revenue to New York State of $20 million per week or one billion dollars per year.



*It should be noted, since our first letter dated August 6, 2007, New York State has lost an additional $440 million in revenue, why?



Shame:Major illegal profits from these sales are funding terrorism while the New York State treasury is robbed!

The connection between Native American untaxed cigarette distribution and the funding of terrorism is well established and documented by New York and Federal agencies, public officials and numerous criminal court cases. Among some recent examples:

New York City 11/03/2007, Rep. Anthony Weiner and state senator Jeff Klein, in calling for a congressional investigation and putting additional teeth in existing federal laws , issued a press release that documented several recent government cases which uncovered the funding of Hamas, Hezbollah and other terrorist groups. They also quoted public officials who have stated that illegal cigarette profits have become one of the leading sources of domestic terrorist funding. ATF agent Patrick Awe, who testified before the US Senate, stated "... the link to terrorism has been established".



v Cattaraugus Indian Reservation 09/20/2006, Karim H. Nassar from Canada pleads guilty to smuggling $500,000 of cigarettes off the reservation for general market consumption and sending profits to Hezbollah guerillas.



v Dearborn, 05/29/05, nineteen men are federally indicted for a smuggling operation that evaded "tens of millions in state cigarette taxes" by purchasing truck loads of untaxed product from a Western New York State Indian Reservation and reselling in New York and Michigan. The profits were funneled to Hezbollah.



v The New York State Tax Enforcement Group arrested a couple in Brooklyn who were part of a group of 200 terrorists smuggling and reselling into New York City.



v Police commissioner, Ray Kelly in a speech before the United Nations, states that the smuggling of cigarettes is the leading means of funding forterrorist organizations.



v New York Post 10/16/07 State Senator Martin Golden who sits on the Homeland Security Committee, states that "ATF has opened hundreds of illicit cigarette trafficking cases; ... [having] links to extremist groups such as al Qaeda ... He adds that ATF senior intelligence analyst William Billingslea wrote in the Police Chief Magazine that, "Because of the immense profit, illicit cigarette trafficking now rivals drugs as the method of choice to fill the bank accounts of terrorist groups." Golden goes on to say, "The solution is simple. Both federal and state laws are already in place, and the courts have reaffirmed their constitutionality. What we need now is a governor with the guts to enforce them. The result of not enforcing the law has transcended the issue of Native American sovereignty into an issue of national security."

Shame: Why has leadership not acted to enforce the law and protect public safety?

v Newsday 11/06/2007, "Trial of smoke-shop millionaire set to begin". In a criminal case heard before the Eastern District Court, RodneyMorrison a Costa Rican, who is an "Indian" through marriage, has offered to put up $56 million cash for bail. This criminal case involves massive amounts of cigarettes that were sold tax free to and from an Indian reservation.It certainly should not surprise anyone that the purchase of tens of thousands of cartons of cigarettes from just one of these Indian stores is not for personal consumption. The Distributor who supplies the "store" should know that those cartons cannot be consumed legally without taxation. The manufacturers who supply the distributors receive a mandatory report each week that states how many cartons go towhom, and yet continue to allocate and sell this product. These outlets are the major source of counterfeit and untaxed cigarettes sold in high taxed localities (NY) to complicit stores and street merchants.

Shame: Manufacturers who are allocating and their distributors who are selling should have knowledge of the laws requirements.

On April 12, 2005 legislation was passed that required the collection of taxes on all Indian sales of cigarettes, motor fuel and other products to non-Indian New Yorkers starting 3/1/06 (without exception) and was signed into law the next day. It was with both courage and conviction that Sheldon Silver and Joseph Bruno led the legislature to overturn Pataki's ill-advised veto, demonstrating their understanding of the urgency for stopping this outflow. The methodology of tax stamping of all cigarettes and the issuance of "exemption coupons" to tribal members was conceived 12 years ago and favorably ruled upon by the US Supreme Court.





Shame: NYS State government still continues to invent ingeniousexcuses for non-enforcement.



During his final year in office, Attorney General Eliot Spitzer, in various correspondences, made it crystal clear that current law prohibited the shipping of untaxed cigarettes within New York. And further, that manufacturers, truckers, distributors and Indian traders who aided and abetted or criminally facilitated these shipments would be guilty of crimes against the State. Recently, Attorney General Cuomo, under an order from the Federal Eastern District Court, testified that the state's policy of forbearance (i.e. non-enforcement) was not a valid defense for the causing to be sold or the causing to be shipped of untaxed cigarettes for resale to non-tribal members. In another criminal case heard before the Eastern District Court; Judge Hurley ruled that there was knowledge of the illegal use and therefore criminal aiding and abetting.



Shame: As yet, there is no State enforcement and criminals and terrorists continue to grow rich.



The Math:

From 1996 - 2006 there was a recorded twenty percent reduction in the national

cigarettes sales (excluding New York State).

In 1996 New York State Taxes were paid on 127 Million Cartons Sold.

In 2006 New York True Consumption should have fallen to 102 Million Cartons

Actual 2006 New York State Legal cartons sold amounted to only 62 million!

That equals a loss of 40 million cartons sold in 2006!!





Shame:

A $Billion give away of our taxes!



It is patently absurd to argue that Native American sovereignty can only be preserved by allowing them unregulated access to FORTY MILLION cartons of untaxed cigarettes annually. This would amount to a staggering EIGHT BILLION cigarettes smoked per year by 2,500 adult Native American smokers in New York.



Shame: Let us not fall asleep at the switch again! Solution: Tax Stamp all cigarettes!

Summary of some Applicable Laws that may be violated are:

The Jenkins Act; The Contraband Cigarette Trafficking Act 18 U.S.C.Sec.2342; New York Public Health Law1399II; NYS Tax Law, Article 20, Sec. 471E; Criminal Facilitation, Article 115 NYS Penal Law; provisions under The National Security Act.

Whyhave we suffered 12 years of non compliance and the feeding of terrorists? Why have the cigarette manufactures continued to allocate millions of cartons of cigarettes to Indian sellers knowing exactly what is being shipped to each Indian store? Why has Albany not exercised its duty to protect its citizens by simply upholding the law? Why have these complicit venders been permitted to become the leading source of untaxed cigarettes sold in the 50 states? It certainly cannot be up to Native Americans, manufactures, or recalcitrant Public Officials to dictate the terms of our safety. Our Supreme Court has already spoken. Now our elected officials must act by recognizing that where law dies, terrorism lives.

Shame: The failure of Government and manufacturers to act in these past twelve years is a classic case of politics and greed vs. country!

Sincerely,

Arthur H. Katz

Executive Director
Posted by: bluezone

Re: Tribal News - 04/30/08 09:16 AM

State Senate Wants to Suspend Gas Tax
by Jim Aroune
Published Apr 29, 2008



New York's Republican-led State Senate will call for the suspension of New York's gasoline tax.
It will propose cutting the price at the pumps by more than 30 cents a gallon. Suspending the fuel tax could create a $500 million hole in state finances.

The proposal's expected to face opposition in the Democrat-controlled Assembly.

New York's gasoline tax is 32.4 cents a gallon.

The GOP plans to call for suspension of the tax Wednesday. Democrats say suppliers could simply raise prices, which would negate savings.

Triple A reports the average price of regular unleaded gasoline in Rochester is $3.73 a gallon.




-------------------------------------------------

But this move will hurt the tribal operations.






Posted by: bluezone

Re: Tribal News - 04/30/08 09:20 AM

Originally Posted By: bluezone
.. Suspending the fuel tax could create a $500 million hole in state finances.




This move may increase gas sales taxes because less money will be going to the tribal non tax paying ventures.
Posted by: bluezone

Re: Tribal News - 05/16/08 10:02 AM

Will the state or federal government take possesion of Turning Stone golf course seeing that the OIN built it on a wetland without approval?
Posted by: bluezone

Re: Tribal News - 05/20/08 07:42 AM

No Trust Land in NY.
Posted by: Rich_Tallcot

Re: Tribal News - 05/20/08 03:13 PM

UCE LAWSUIT PENDING. The feds just approved 13,004 acres for the Oneida tribe. We have 30 days to respond.
Posted by: Gern

Re: Tribal News - 05/20/08 06:22 PM

I say we all climb into boats or planes and go back to where our ancestors came from. The Indians have been here for God knows how long and look what WE'VE done to this land in 200+ years. (we stole it from them)

At least the Indians RESPECTED the land when it was THEIRS!

We've destroyed and Polluted this place like it was ours or something.

Shame on US!
Posted by: Rich_Tallcot

Re: Tribal News - 05/20/08 07:33 PM

You're free to leave. You should return what you stole and pay for what you polluted.
As for Indians respect for the land, it's obvious you haven't visited many tribal lands.
This isn't about Indians, it's about tribalism
The Iroquois stole the land in the mid 1500's from the tribes that were here and committed genocide on other tribes.
Then they sold the lands they stole many times over and are looking to steal them back.
Posted by: bluezone

Re: Tribal News - 05/20/08 07:35 PM

Originally Posted By: Gern
I say we all climb into boats or planes and go back to where our ancestors came from.


Where are your ancestors from?


.
Posted by: sworldt

Re: Tribal News - 05/20/08 10:25 PM

As the UCE Melts down.The worm turns. ROFLMAO
Posted by: bluezone

Re: Tribal News - 05/21/08 05:10 AM

Originally Posted By: sworldt
As the UCE Melts down.The worm turns. ROFLMAO


One would think that all tribes in NY would be allowed to open up a casino without approval if this "decision" is allowed to stand. This goes against the sole purpose of IGRA.
Posted by: Ranger

Re: Tribal News - 05/21/08 05:19 AM

Originally Posted By: Rich_Tallcot
UCE LAWSUIT PENDING. The feds just approved 13,004 acres for the Oneida tribe. We have 30 days to respond.


this is just one more example of how our own government continues to try and divide us, instead of we the people, it's this group and that group, discrimination?
Posted by: bluezone

Re: Tribal News - 05/27/08 11:24 AM

Governor plans land claim talks
By JODY McNICHOL, Dispatch Staff Writer
05/23/2008
Email to a friendPost a CommentPrinter-friendly
New York Gov. David Paterson issued a statement Thursday afternoon urging all sides to negotiate to resolve Oneida Indian Nation land claims.

It was the governor's first public comment since Tuesday's decision by the Department of Interior's decision to take 13,004 acres of land into federal trust for the Oneida Indian Nation.
In the statement, Paterson sharply criticized the decision, calling the land "scattered" and saying "a move to take all of it into trust would threaten the fiscal solvency of county and local governments."
Paterson says he is "now working with federal and local officials, and the Oneida Indian Nation to organize negotiations in an effort to reach a settlement that is satisfactory to all parties."
"When it comes to matters concerning Native Americans, the Bush administration has shown a pattern of acting in a manner that is detrimental to the interests of New York, its residents and even the tribes," said Paterson, "The procedures the Department of Interior - through the Bureau of Indian Affairs - followed were flawed and its decision is decidedly harmful to ongoing efforts on the part of the interested parties to resolve these mattress locally."
"Unfortunately," he added, "any possible negotiations will now be conducted under the specter of the litigation that is to follow this decision."
The release includes comments from both congressmen John M. McHugh, R-24, and Michael A. Arcuri, D-23, who agree that the DOI should have allowed the counties, state and tribe the opportunity to negotiate before making a decision that will result in more costly litigation all around.
The Madison County Board of Supervisors met on Thursday to plan its response to the decision.
The board is sending a letter to the governor requesting "a face-to-face with Paterson and appropriate members of his staff to discuss a coordinated response to this unprecedented diminishment of the jurisdiction of Madison County and the sovereignty of New York state."
Board Chairman John Becker points out in the letter that Paterson has never spoken directly to the elected leaders and that intermediaries have been unable or reluctant to communicate commitments for action.
Becker closes the letter to Paterson by asking, "If this BIA decision diminishing the state of New York and Madison County isn't worthy of our personal involvement, what is?"



-------------------------------------

Paterson, Spitzer, Pataki, Boelhert, Clinton, Schumer... all should be pointing the finger at themselves for not enforcing NY laws.


.


Posted by: Rich_Tallcot

Re: Tribal News - 06/12/08 08:27 PM

Rome Sentinel

http://www.romesentinel.com/news?newsid=20080612-142129

By DAN GUZEWICH Staff writer

The first legal challenge has been filed to block the federal decision to put more than 13,000 acres in tax-free trust for the Oneida Indian Nation. More are expected.

Twenty-four points are raised in the action seeking review and reversal from the Department of Interior's Board of Indian Appeals.

"We felt that there were just too many ambiguities in the record of decision to be sure that filing is not necessary," said Vernon resident Judy Bachmann, who is acting chair of Citizens Equal Rights Alliance. Her group is part of the coalition of organizations, public officials and citizens that submitted the notice.

A number of the reasons given for blocking the decision claim misinterpretation and improper application of federal trust land regulations. A major point is whether Interior has the authority to set aside tax-free trust land for Indians in New York state.

A follow-up federal lawsuit is likely, says Claudia L. Tenney, one of the attorneys who filed the notice. She said it was important to begin the challenge process at Interior so any subsequent lawsuits aren't rejected by the courts because administrative remedies hadn't first been exhausted. Tenney is the chief of staff to Assemblyman David R. Townsend Jr., R-115, Sylvan Beach, who is one of the public officials bringing the action.

Joining Citizens Equal Rights Alliance and Townsend in the action are Central New York Fair Business Association, Inc., Oneida County Legislators Michael J. Hennessy, D-2, Sherrill, and D. Chad Davis, D-18, Clinton, and Melvin Phillips.

While this notice of appeal is the first challenge to be formally filed against Interior's decision, it will not be the last.

On Wednesday, the county Board of Legislators authorized Oneida County to join the state and Madison County in filing one complaint against Interior. David M. Schraver, the attorney for the two counties on Indian matters, has said June 19 is the filing deadline.

Also, the towns of Vernon and Verona have hire lawyer Cornelius Murray from the Albany area to represent their interests. Much of the land that would be placed in trust is in these two towns, including the sprawling Turning Stone Resort and Casino.
"He's going to bring a proceeding," said Vincent J. Rossi Jr., town attorney for Vernon and Verona. The towns will split Murray's fees.

Verona and Vernon decided to hire their own attorney after state representatives indicated the two towns would not be included in any action started by the state.

Furthermore, Upstate Citizens for Equality has been vowing to sue Interior ever since the decision came out May 20.
"We plan to file on the 17th," said UCE President David Vickers. "We are dealing with thoroughly out-of-control federal agencies."

He said his group's complaint will be filed in the federal Northern District of New York with notice given to the Interior Board of Indian Appeals.

The challenge process could be lengthy, perhaps years, if the issue goes all the way to the U.S. Supreme Court. Multiple actions could be combined into one proceeding.
Posted by: bluezone

Re: Tribal News - 06/13/08 07:25 AM

Have they paid their back taxes yet?
Posted by: misc1

Re: Tribal News - 06/17/08 07:24 AM

I truly feel sorry for the people that the Indian land claims affect, but the sorry truth of the matter is, if we the white people/government hadn't of taken their land away from them hundreds of years ago this would not be happening in our world today.
Posted by: grinch

Re: Tribal News - 06/17/08 10:44 AM

The Cayuga were paid 8 different times for the land. That is enough, end of claim.
Posted by: bluezone

Re: Tribal News - 06/18/08 07:17 AM

Originally Posted By: misc1
...if we the white people/government hadn't of taken their land away from them hundreds of years ago this would not be happening in our world today.


And this land would now be under the rule of china, russia, japan, britain, spain...

Yetta Nother posted that the tribes migrated here over the land bridge and their homeland is on the other side of the world.
Posted by: grinch

Re: Tribal News - 06/19/08 02:29 PM

It will be interesting to hear how the BIA can legally justify taking sovereign NYS land into trust for an Indian tribe without the consent of New York State.



New York sues feds for giving land to IndiansBy: The Associated Press

Thursday, June 19, 2008 2:50 PM EDT

SYRACUSE -- New York and two upstate counties are suing the U.S. Department of Interior to stop the federal agency from putting 13,004 acres of upstate land into trust for the Oneida Indian Nation.
New York Attorney General Andrew Cuomo says the federal agency's decision is unconstitutional because New York State has continuously exercised jurisdiction over its lands since the adoption of the U.S. Constitution and has never consented to the removal of any state land from its jurisdiction.

If the trust decision is upheld, Cuomo says it will fundamentally and permanently alter the character and governance structure of the affected areas and adversely and irreparably impact the financial stability of those communities.
Posted by: Rich_Tallcot

Re: Tribal News - 06/19/08 08:45 PM

Originally Posted By: Rich_Tallcot
UCE LAWSUIT PENDING. The feds just approved 13,004 acres for the Oneida tribe. We have 30 days to respond.

Lawsuits filed in the Oneida trust case by UCE / Vernon-Verona / and the State-Madison & Oneida Counties are linked on UCE's home page. http://www.upstate-citizens.org/

UCE's lawsuit http://www.upstate-citizens.org/USDC-UCE-v-US.htm

Vernon-Verona lawsuit http://www.upstate-citizens.org/CPvernon-verona-CM.pdf

NYS - Madison & Oneida Counties lawsuit http://www.upstate-citizens.org/oneidas_lawsuit.pdf


I don't have CNYFBA/CERA's lawsuit or the Stockbridge-Munsee lawsuit yet.
Posted by: bluezone

Re: Tribal News - 06/21/08 04:12 PM

Originally Posted By: grinch
If the trust decision is upheld, Cuomo says it will fundamentally and permanently alter the character and governance structure of the affected areas and adversely and irreparably impact the financial stability of those communities.


Dear Mr Cuomo,

It has already negatively affected the governance and financial stability of the area and the state.
Do as you would any other entity that violates NY laws. Foreclose and arrest the parties.
Posted by: Ranger

Re: Tribal News - 06/22/08 07:01 AM

I think it's about high time the citizens of the counties that have been affected by the Indians buying up land and not paying taxes, do something on their own.

The monies that we usually pay our taxes with we put aside, but not actually pay them, but save them for the time that the authorities actually come in to foreclose on us, and pay them then.

The Indians seem to be getting away with it, so why shouldn't we be able to do the same thing, and force the hands of the authorities and government to start treating everyone equally. We who were born in this country are just as much native American as it can get. And seeing we adhere to the laws of the land we should be the ones getting the better treatment not those that are breaking them. We're allowing this to go on like this for way to long. The Justice system is playing favorites, and it needs to stop! As long as we keep playing footsy it's going to be allowed to continue. It's time to get mad as hell and NOT take it any more.
Posted by: bluezone

Re: Tribal News - 06/22/08 10:14 AM

State Looks to Collect Indian Taxes
Source: Finger Lakes News Radio

State officials are considering a new approach to collect taxes on sales of tax-free cigarettes sold by Indian retailers. Negotiators for the state Senate and Assembly tell the Buffalo News they are working on a deal that would make it illegal for tobacco manufacturers to sell cigarettes to any wholesaler who won't stop selling tax-free cigarettes to retailers on the Indian reservations in New York. Supporters say the state could reap more than $400 million in cigarette excise taxes currently lost to tax-free sales. Tax-avoidance schemes are expected to worsen since the state recently raised its excise tax to $2.75 per pack.
Posted by: Rich_Tallcot

Re: Tribal News - 07/01/08 07:25 PM

These lawsuits filed will ultimately defeat the Cayuga trust applications. THAT'S why these are important and THAT'S why Cayuga-Seneca UCE is putting all it has into winning this case.

In addition to the three lawsuits posted as listed on UCE's home page, there have been four added lawsuits filed. Six of the seven are now listed on UCE's home page http://www.upstate-citizens.org

NYS - Madison / Oneida Counties (60 pages)

Vernon - Verona (26 pages)

UCE (58 pages)

Three of the new ones listed are:

Central New York Fair Business Association / Citizens Equal Rights Alliance [CNYFBA/CERA] (35 pages)
http://www.upstate-citizens.org/cera-complaint.pdf

The Stockbridge-Musnee Tribe (39 pages)
http://www.upstate-citizens.org/Stockbridge-Munsee-Complaint.pdf

and

National Grid (18 pages)
http://www.upstate-citizens.org/National-Grid-Complaint.pdf

The seventh one not listed yet is by the City of Oneida

For a good understanding of a thorough argument, I recommend one take their time to read through the lawsuit filed by [CNYFBA/CERA] I felt details were explained well. The statutes mentioned will likely not mean anything to most, but the explanations allow you to connect the dots.

Before one can file a lawsuit that won't get dismissed, administrative procedures have to be exhausted first. We made our arguments heard at the hearings and filed letters off to the Bureau of Indian Affairs [BIA] and Department of Interior [DOI]. The DOI ignored the arguments and ruled against the community.

Although I've lobbied Congress to allow more than thirty days to respond following a DOI decision, that still remains the time frame. Once the DOI makes a decision, a thirty day window is allowed for opponents to file lawsuits. But the Interior Board of Indian Appeals [IBIA] is one more administrative bureaucracy that could have invalidated the lawsuits due to not exhausting all administrative procedures. An appeal to them also had to fit into that thirty day window.

As evidenced in CNYFBA/CERA's lawsuit, the IBIA reply stated cases, generalities and examples but concluded they did not have authority to rule on the appeal. Thus the case proceeds.

The UCE chapters are working together in filing and funding the trust claim lawsuit in the Oneida area because we can't afford to file more than one lawsuit of this magnitude. In fact even united, we don't have the funds needed but we can't afford not to.

This lawsuit leads the Cayuga situation by months and, depending on when the BIA and DOI decide on the Cayuga application, it could be a year or more.

Once we win the Oneida lawsuit, we will have also have defeated the Cayuga because the same arguments apply.

With seven lawsuits ongoing in what will likely become one case, one might ask why spend the money?

The simple answer is to protect our own interests. The complex answer involves what if the state manages to cut a deal and drop its lawsuit? UCE could file suit against the state for failing to comply with State Law 10 mandating that the state protect its own sovereignty. We'd win the lawsuit against the state three years from now but it could possibly be impossible to undo damage that had been done by the settlement.

As long as UCE has its own lawsuit, NO trust land can be granted REGARDLESS of what deals may be made BECAUSE the case will not have closed until the last appeal to the United States Supreme Court has been made and ruled on. When we get there we will have won, but not until.

Other lawsuits filed have the same leverage. I trust CNYFBA/CERA to stand their ground because I'm a board member of CERA and they are also spending their own money and working on donations.

But when it comes down to depending on anyone else to protect our rights, remember, if we had done that before we would have already lost.

The legislators in Cayuga and Seneca Counties that voted against settlement deserve credit. We needed them and the majority agreed with UCE. But if it weren't for UCE's research, fortitude and activities, back room deals would have been pushed through. There is NO one at the state or federal level that you need to thank for this. Aside from Dave Townsend in the Oneida area, do you see any other state or federal politicians joining a lawsuit to defeat these trust applications? NOPE!

Actions speak louder than words.

Cayuga-Seneca UCE
P.O. Box 24
Union Springs, New York 13160
Posted by: bluezone

Re: Tribal News - 07/02/08 06:04 AM

It is sad that the NY state leaders look the other way.
Posted by: justaxme

Re: Tribal News - 07/02/08 04:05 PM

Originally Posted By: bluezone
State Looks to Collect Indian Taxes
Source: Finger Lakes News Radio

State officials are considering a new approach to collect taxes on sales of tax-free cigarettes sold by Indian retailers. Negotiators for the state Senate and Assembly tell the Buffalo News they are working on a deal that would make it illegal for tobacco manufacturers to sell cigarettes to any wholesaler who won't stop selling tax-free cigarettes to retailers on the Indian reservations in New York. Supporters say the state could reap more than $400 million in cigarette excise taxes currently lost to tax-free sales. Tax-avoidance schemes are expected to worsen since the state recently raised its excise tax to $2.75 per pack.



They consider lots but do little. Vote them all out. It can't get any worse.
Posted by: Rich_Tallcot

Re: Tribal News - 07/02/08 07:58 PM

That news article you replied to, posted by bluezone, was undoubtedly a press release sent out by some sponsor looking for votes. Politicians use the media in the same way tribes do.

As for state sales and excise taxes the United States Supreme Court has ruled five times, including ruling in favor of New York (1996), that the states have the right and jurisdiction to enforce collection of these taxes on sales to non-tribal customers - which ruling also included members of another tribe as not being exempt,

In 1996 the United States Supreme Court SPELLED OUT that all New York had to do is issue coupons to tribal members for tax exemptions.

It does NOT matter if the businesses are on reservations or trust lands, the laws still apply.

The Governor attempted to enforce the law but backed off when violence ensued and refused to enforce the law as per his duties demand in the State Constitution.

The state assembly and senate passed another law demanding that the Governor enforce the law (2005). DUH.

About the same time the tribes sued the state claiming they couldn't be made to collect taxes from non-tribal members. The state lost the case. WHY? BECAUSE, as explained by the court AGAIN, the state had to issue coupons to make the law enforceable and they hadn't done so. I guess the Governor didn't read the ruling by the U.S. Supreme Court.

The Governor, again, refused to enforce the law they passed.

Does the legislature think passing another law to avoid doing THEIR job will prove differently?

Here's the bottom line: we either have law or we don't; if we have no law, then there is no point in negotiations; if we have law, then it should be enforced now!

As per the State Constitution it is the job of the assembly to initiate and senate to impeach the Governor for failing to do his job.

The majority and minority leaders in each house pull the strings. There are only two that I know of that cut the strings. Presently it is the State Assembly that is failing to do its job. The State Senate cannot act until the Assembly initiates.

As has been explained to me more than once by more than one assemblyman, if they don't do what their party leader tells them to do they lose their parking space and have to walk further to work. Like I'm supposed to feel sorry for them?

Actions speak louder than words.
Posted by: Rich_Tallcot

Re: Tribal News - 07/02/08 08:33 PM

http://www.buffalonews.com/cityregion/story/381647.html

Judge nearing decision on suit to block Seneca casino in Buffalo
Work continues on site in the Cobblestone District
By Sharon Linstedt NEWS STAFF REPORTER 06/30/08

The fate of Indian casino gambling in downtown Buffalo will be known by next week.

A federal judge has alerted parties in the high-stakes legal battle over Seneca Buffalo Creek Casino that he'll issue a decision in the case on or before July 8. U. S. District Court Judge William M. Skretny will rule on whether the Seneca Nation of Indians has the right to operate a casino on a nine-acre site in Buffalo's Cobblestone District.

The federal lawsuit notwithstanding, site preparation and foundation work on the $333 million permanent Buffalo Creek Casino and Hotel has been in full swing since February. The Senecas are poised to begin erecting the structural steel frame of the casino, which is slated to open at the corner of Michigan and South Park avenues in mid-2010.

But Cornelius D. Murray, attorney for casino opponents, said all the work could be in vain.

"As we've said before, they are proceeding at their own risk and taking a big chance," Murray said.

The lawsuit claims procedural errors were made by the U. S. Department of the Interior and the National Indian Gaming Commission in conferring "sovereign territory" status on the Buffalo parcel, which opened the door to Native American gambling operations.

The federal agencies and Senecas argue that the Buffalo property was bought as part of the Seneca Nation Land Claims Settlement Act, the congressional act that settled long-term leases in Salamanca, which makes it eligible as an off-reservation casino venue.
Posted by: bluezone

Re: Tribal News - 07/04/08 01:09 PM

High court: Crist overstepped on casino deal
Posted on Thu, Jul. 03, 2008
By MARC CAPUTO, EVAN S. BENN AND AMY DRISCOLL

MIAMI HERALD FILE

The Florida Supreme Court ruled Thursday that Gov. Charlie Crist overstepped his authority when he unilaterally allowed the Seminole Tribe to exclusively offer baccarat and blackjack at their casinos.
Posted by: justaxme

Re: Tribal News - 07/07/08 12:37 PM

Originally Posted By: bluezone
High court: Crist overstepped on casino deal
Posted on Thu, Jul. 03, 2008
By MARC CAPUTO, EVAN S. BENN AND AMY DRISCOLL

MIAMI HERALD FILE

The Florida Supreme Court ruled Thursday that Gov. Charlie Crist overstepped his authority when he unilaterally allowed the Seminole Tribe to exclusively offer baccarat and blackjack at their casinos.



These professional lifetime politicians really believe they have super powers. Like Cuomo who felt he was above us all and made a deal with the indians. This is the kind of crap you expect to see in some third world dictatorship.

Instead of being public servants they are just self serving.
Posted by: Rich_Tallcot

Re: Tribal News - 07/08/08 02:29 PM

07/08/08
Derek Gee/Buffalo News

It is unclear how U.S. District Judge William M. Skretny's ruling will affect construction at the Michigan Avenue site, but it is clear that the temporary casino no longer has the legal right to operate.

A federal judge today ruled against the Seneca Nation's Buffalo Creek Casino, saying that casino gambling cannot legally take place on the nine-acre site on Michigan Avenue.

U.S. District Judge William M. Skretny, in a 127-page decision, vacated the earlier decision by the commissioner of the National Indian Gaming Commission to allow gambling.

It was not immediately clear whether Skretny's ruling will halt construction on the $333 million permanent casino, but it is clear that the temporary casino no longer has the legal right to operate.

Skretny ruled that the parcel is indeed Indian country.

"However, the court finds that the (National Indian Gaming Commission's) July 2, 2007, determination that the Buffalo parcel is gaming-eligible ... is arbitrary, capricious and not in accordance with the law."

The Senecas have operated a small temporary Buffalo Creek Casino in a blue metal building on the nine-acre site since July 3, 2007. It was the third Seneca casino, following openings in Niagara Falls and on the Allegany territory in Salamanca.

Late last month, the Senecas issued an update to their 2005 study of the tribe's effect on the local economy, mostly through gambling. They cited 1,100 new jobs and said the Senecas are pumping more money into Western New York than the Buffalo Bills and Buffalo Sabres combined.

The question answered in today's ruling is whether the land on Michigan Avenue, bought by the Senecas in 2005, is legally considered sovereign Seneca territory. The lawsuit claimed the Senecas can only operate a casino on land considered sovereign.

The land was purchased with funds from the 1990 Seneca Nation Land Claims Settlement Act, which settled the question of longterm leases in the city of Salamanca.

The Senecas said the settlement act gave them the right to expand their territory. John J. LaFalce, who co-wrote the legislation while a congressman, said the act never was intended to legitimize gambling casinos off the reservation.

Cornielius D. Murray, the Albany attorney representing Citizens for a Better Buffalo, has repeatedly warned the Senecas that the they are building the new casino at their own risk.

"While there is no dispute that the Senecas own the land," Murray said in response to John, "mere possession of title does not give them the right to violate the laws of the state unless they can prove that the land is no longer subject to the jurisdiction of the state of New York."

"Soverignity and title are not the same thing," Murray argued. "There are compelling legal arguments that Congress never intended to carve out a parcel of property in the heart of a major American city and designate it as "Indian land."

Citizens for a Better Buffalo is led by its president, Diane Bennett, a retired attorney, and includes public officials, religious leaders and community activists. The group is largely funded by the Margaret L. Wendt Foundation. The Baird Foundation and a private donors have also helped fund the lawsuit, which has cost more than $1 million.

The nation and its gambling arm have invested nearly $27 million to date on land acquisition, planning and construction of its Buffalo venue. More than $10 million of that went into the original construction, and then expansion, of the temporary slots-only casino that opened last July.

The temporary casino, which opened with 109 slot machines a year ago, was expanded to accommodate 244 machines. In its first six months of operations, it generated more than $12 million in revenues.
Posted by: justaxme

Re: Tribal News - 07/08/08 04:46 PM

"but it is clear that the temporary casino no longer has the legal right to operate."

Yes, but our spineless NY elected and appointed officials most likely will do nothing to stop it. The don't have a clue and to afraid to do anything.
Posted by: justaxme

Re: Tribal News - 07/08/08 04:46 PM

"but it is clear that the temporary casino no longer has the legal right to operate."

Yes, but our spineless NY elected and appointed officials most likely will do nothing to stop it. The don't have a clue and to afraid to do anything.
Posted by: Rich_Tallcot

Re: Tribal News - 07/08/08 08:00 PM

Originally Posted By: justaxme
"but it is clear that the temporary casino no longer has the legal right to operate."

Yes, but our spineless NY elected and appointed officials most likely will do nothing to stop it. The don't have a clue and to afraid to do anything.
It gets a little more complicated than that. Between direct and indirect ties to gambling interests the leadership in both houses promoted these and similar deals. That includes the leadership in both major political parties which also influences not only our elected legislature and some local elected officials but also the Governor which causes the head of the state law enforcement to look the other way.

They have more than a clue, which is obvious from reading the lawsuit the state filed in the Oneida Trust case. I'll bet nobody on here has read any of the lawsuits yet.

The laws have always been there and they've always been violated. The Seneca Settlement Act wasn't a land claim. Outside of building a casino on a reservation that existed prior to 1988, a land claim settlement is about the only way gambling promoters can legally establish a casino.

First off Congressman Amo Houghton pushed forth the Settlement Act to pay the tribe more than the tribe had agreed to for a 99 year railroad lease that expired. Congress may have plenary power over tribes via Common Law, but not the lands unless they are federal reservations.

Therefore, the Settlement Act itself wasn't constitutionally legal. But in the Act was written that the Seneca tribe could purchase additional lands with the funds from the Act. So the tribe set up a corporation to buy lands and then sell them to the tribe for pennies on the dollar. This way, their funds from the Act can buy up thousands of acres.

The lawsuit that UCE won proving that the Turning Stone was illegal was in state court. The lawsuit pertaining to the Seneca tribe is in federal court challenging the federal Indian Gaming Regulatory Act (IGRA) application to their Buffalo casino. Therefore, the feds have jurisdiction to enforce the law.

The Seneca Casino at Niagara Falls would be in the same boat, but nobody has challenged the legality of it YET.
Posted by: bluezone

Re: Tribal News - 07/09/08 06:59 AM

Originally Posted By: Rich_Tallcot
07/08/08
... but it is clear that the temporary casino no longer has the legal right to operate.


Sounds like they are copying Turning Stones illegal path.


.
Posted by: Ranger

Re: Tribal News - 07/09/08 04:57 PM

As long as they are allowed to get away with, by the State and the Feds, why not earn as much money as they can to take even more property off the tax rolls
Posted by: SFisWonderful

Re: Tribal News - 07/10/08 01:37 AM

How does Barack Obama feel about Indian Land Claims?
Posted by: justaxme

Re: Tribal News - 07/11/08 06:05 AM

"The Seneca Nation of Indians said Wednesday that they will continue to build a brand-new casino, and they will keep the slots open on the temporary casino, while they appeal a judge's ruling that said gambling could not take place on the site."

Shouldn't the court decide whether it is to stay open during appeal? But then again, indians don't have to obey the law.

http://www.wgrz.com/news/local/story.aspx?storyid=59211&catid=37

What a joke.
Posted by: SFisWonderful

Re: Tribal News - 07/11/08 06:53 PM

Sounds like the UCE needs to educate quite a few braindead citizens in the Buffalo area.

Reading through the thread, it sounds like the majority of Buffalo residents feel as though the casino will make the city a spectacular place and the judge really screwed this up. I see some hit on the fact that they are making millions and its all profit beacuse the Senecas are tax free.

Originally Posted By: justaxme
"The Seneca Nation of Indians said Wednesday that they will continue to build a brand-new casino, and they will keep the slots open on the temporary casino, while they appeal a judge's ruling that said gambling could not take place on the site."

Shouldn't the court decide whether it is to stay open during appeal? But then again, indians don't have to obey the law.

http://www.wgrz.com/news/local/story.aspx?storyid=59211&catid=37

What a joke.

Posted by: Rich_Tallcot

Re: Tribal News - 07/11/08 09:01 PM

Originally Posted By: SFisWonderful
How does Barack Obama feel about Indian Land Claims?
Obama has promised to create a tribal cabinet position, was made an honorary member of the Crow tribe, and is very much in favor of the land claims.
McCain supports tribal sovereignty and purposely excluded tribes from the campaign finance reform act.
Posted by: Rich_Tallcot

Re: Tribal News - 07/11/08 09:08 PM

Non-Indian orders Slot Machines
NIAGARA FALLS: Parlato ready to gamble on change
By Mark Scheer Niagara Gazette
July 08, 2008

Niagara Falls business owner Frank Parlato Jr. has already ordered six slot machines from Las Vegas.

The owner of the former Occidental Chemical building on Rainbow Boulevard said Tuesday that he intends to use them as soon as they arrive.

He's hoping, in time, other business owners in the city will join him in openly defying state gaming laws as he tries to prove a larger point about New York's stance on extending casino development rights and tax-free status to certain groups in certain areas, and in Niagara Falls in particular.

"The jury is the only legal means to hold a capricious government's feet to the fire and we have a capricious government in Albany," he said.

On the same day a federal judge ruled against the legality of a Seneca Nation of Indians casino operation in downtown Buffalo, Parlato announced that he’s looking to build a coalition of local, tax-paying business owners and citizens who would be willing to challenge the state on gaming and tax issues and, if necessary, defend their positions in court.

"I think a jury of 12 citizens with common sense will see that all of Niagara Falls has equality with the Seneca and we are tax free," said Parlato, the developer of building now known as One Niagara. "I want the Seneca to prosper and thrive. We can thrive too, as long as we are equal."

Parlato said he intends to host a public meeting in September in which he will field suggestions from city residents about what they would like to see done about what he calls the "lopsided" economic playing field that has been established in the city since the Seneca Nation of Indians received permission to open a Class III gaming facility on sovereign territory downtown.

While supportive of the Senecas and their business operations, Parlato said he does not believe the Nation should be allowed to operate a casino, several restaurants and a hotel downtown without paying the same property, sales, bed and other taxes that are applied to their non-indian neighbors.

"It's just simple equality," he said. "I'm an American. I want equality. That's all."

With the Senecas planning to expand their operations to include additional gaming facilities, hotels and restaurants, Parlato said the economic balance downtown will only continue to shift to the detriment of taxpayers in the area.

"We haven't seen the tip of the iceberg," he said. "Business owners are going to have to compete toe-to-toe with a tax-free behemoth."

Parlato said he has been in contact with several attorneys and is prepared to defend what he believes are his rights in court. Those rights, he said, may include allowing visitors to his One Niagara building to gamble on his own slot machines, a form of gaming that is the exclusive domain of the Seneca Nation under its gaming compact with New York State.

Parlato said Tuesdays' decision by U.S. District Judge Wiliam Skretny that said gambling is not legal on the proposed Seneca Creek Casino site in Buffalo may be a sign that views on the subject are changing on the legal front.

"The significance of Skretny's decision may embolden the rest of the judiciary to look at the preposteriousness of what's going on," Parlato said.

Parlato's attorney, Paul Grenga, said he believes many residents in the city would agree with Parlato’s stance and that there are legal grounds to believe the courts may in time as well.

"Ask any homeowner in Niagara Falls if they should be paying more real property taxes than a 600-room casino?" he said. "Can you think of a better case to bring to a jury?"
Posted by: grinch

Re: Tribal News - 07/12/08 05:54 AM

I wish this man success in his attempt to show the unequal application of the law(s). If the authorities do take action against his venture and goes to court, his defense will show the hypoocrisy of those charged with enforcing the law who are shirking their duties.
Posted by: bluezone

Re: Tribal News - 07/12/08 04:22 PM

The business owners that are located near the illegal indian run operations should ban together, buy slots, sell gas, sell cigs, refuse to pay sales taxes or property taxes until the NY officials take notice. I would find it interesting to see how long it would take NY officials to enforce the laws on the NY business owners.
Posted by: SFisWonderful

Re: Tribal News - 07/12/08 06:31 PM

I think every tax paying citizen in the UNITED STATES OF AMERICA should make a claim to some great injustice that was done to them at some point in time. I am sure every race, sex, religion can think of one reason or another!

I dont even know why this BS has been in court this long! Oh wait. . maybe because our voted in officials are getting their pockets shoved with money.

I am not saying taxes are the answer but just as Frank Parlato Jr stated, the playing field must be even!

Would it be possible for a class action lawsuit against the government?
Posted by: grinch

Re: Tribal News - 07/14/08 04:13 PM

Originally Posted By: bluezone
The business owners that are located near the illegal indian run operations should ban together, buy slots, sell gas, sell cigs, refuse to pay sales taxes or property taxes until the NY officials take notice. I would find it interesting to see how long it would take NY officials to enforce the laws on the NY business owners.


The Gov has announced the state WILL NOT TAKE ANY ACTION TO CLOSE DOWN THE ILLEGAL CASINO.

That opens the door for Mr Parlato to open, and if they close him down it will be taken to court and the court will be forced to rule on why the law is not being applied equally.


Posted by: SFisWonderful

Re: Tribal News - 07/14/08 11:24 PM

Originally Posted By: grinch
Originally Posted By: bluezone
The business owners that are located near the illegal indian run operations should ban together, buy slots, sell gas, sell cigs, refuse to pay sales taxes or property taxes until the NY officials take notice. I would find it interesting to see how long it would take NY officials to enforce the laws on the NY business owners.


The Gov has announced the state WILL NOT TAKE ANY ACTION TO CLOSE DOWN THE ILLEGAL CASINO.

That opens the door for Mr Parlato to open, and if they close him down it will be taken to court and the court will be forced to rule on why the law is not being applied equally.




I am not doubting you, buttt is there a newspaper article that states this information??
Posted by: bluezone

Re: Tribal News - 07/15/08 08:13 AM

Originally Posted By: SFisWonderful
I am not doubting you, buttt is there a newspaper article that states this information??


http://www.buffalonews.com/cityregion/story/390782.html


Parlato may want to order more slot machines.

LOL
Posted by: grinch

Re: Tribal News - 07/15/08 10:38 AM

Thanks for posting the article Blue. Saved some time looking it up.
Posted by: Rich_Tallcot

Re: Tribal News - 07/15/08 10:43 PM

Update of Seneca Buffalo casino

Opponents of the Seneca Buffalo Creek Casino are asking a judge to enforce last week's ruling that gambling is illegal on the site.

Opponents of the Seneca Buffalo Creek Casino are asking a judge to enforce last week's ruling that gambling is illegal on the site.

Attorney Cornelius Murray tells 2 On Your Side that the motion is being filed late Monday afternoon with U.S. District Judge William Skretny.

[Murray is GOOD. He is also UCE’s attorney and will be working with us to quash the trust applications. In his affidavit he informs the judge that they didn’t file the lawsuit just for an academic exercise and assume the court did not entertain their4 complaint in that fashion either. ]

The Notice of Motion to Enforce is at http://download.gannett.edgesuite.net/wgrz/news/NoMto%20Enforce.pdf

Exhibits to the motion http://download.gannett.edgesuite.net/wg...o%20Enforce.pdf

Affidavit for Notice of Motion to Enforce http://download.gannett.edgesuite.net/wg...o%20Enforce.pdf

The Seneca Nation released a statements about the recent court filing.

"The Nation is not a party to the lawsuit; litigation decisions are controlled by the U.S. government. Despite the plaintiffs' zeal to keep this case in the media, our legal advisers say the plaintiffs have to wait 10 business days after the original decision before any enforcement proceedings can commence. This latest effort can have no effect before July 23. The Nation is currently abiding by the court's decision and has maintained all along that it would follow the final directions of the court and the federal agencies involved, and that has not changed."

Earlier, the Seneca Nation of Indians thanked the state for keeping inspectors at its temporary Buffalo Creek Casino. Last week, a federal judge said the facility sits on land that, though sovereign, can not be used for gaming.

"The Nation thanks Governor Paterson and the lawyers of the state wagering board for their support of the Nation's interpretation of the federal court ruling. The court's decision included no order to cease casino operations so the Nation is, in fact, meeting the requirements of that decision," said Maurice A. John Sr., president.

Under the terms of a compact between Albany and the Seneca Nation, the state Racing and Wagering Board has inspectors at the Nation's casinos, including the temporary Buffalo Creek facility that opened a year ago while a permanent gambling hall and hotel are constructed on 9.5 acres of land off Michigan Avenue. The Nation's Seneca Gaming Corp. pays the state for the cost of inspections.

The Nation in recent days also sent New York State a scheduled payment of $57.4 million for its percentage of slot machine revenue under the 2002 compact with the state. Various portions of that, based on gross revenues, will be returned to Buffalo, Niagara Falls and Salamanca.

Meanwhile, opponents of a Buffalo casino are preparing for a legal fight this week if the Seneca Nation of Indians does not shut down its gambling operations.

U.S. District Court Judge William Skretny last week ruled that the land in the cobblestone district near Fulton Street is sovereign land, but casino gambling cannot take place there.

The Senecas have continued gambling operations at the Buffalo site, and now casino opponents say they're prepared to take the next step to make it stop. "We've been advised by our attorneys that we'd like to play that hand a little close to our chest," said casino opponent Joel Rose, who would not say exactly what that legal action is or when this week they'll take that step. "We expect to get it closed," he said of the casino.

An attorney for the Seneca Nation of Indians would not comment on what their next step is. An entity of the federal government, the actual defendant in this case, said last week it was still pouring over the judge's decision and had not yet figured out what their next move would be.
Posted by: bluezone

Re: Tribal News - 07/17/08 04:20 AM

Originally Posted By: grinch
Thanks for posting the article Blue. Saved some time looking it up.


I was not sure if that was the same article that you read but it gets the point across.

Another NY lame governor.
Posted by: bluezone

Re: Tribal News - 07/17/08 04:26 AM

Originally Posted By: Rich_Tallcot
... The Nation is currently abiding by the court's decision and has maintained all along that it would follow the final directions of the court and the federal agencies involved, and that has not changed."...


Nice spin from the tribe.
Posted by: bluezone

Re: Tribal News - 07/30/08 04:07 PM




(Mr. Paterson do not overlook the obviuos)





Bruno: $1B owed in tribal taxes


State should prosecute to collect sales and excise fees, Senate majority leader says

By JAMES M. ODATO, Capitol bureau
First published: Wednesday, January 30, 2008

ALBANY -- Senate Majority Leader Joseph L. Bruno on Tuesday called for the state to prosecute American Indian retailers and others for failing to pay some $1 billion in sales and excise taxes.
Speaking at the annual meeting of the New York Association of Counties, and later to reporters, Bruno said Gov. Eliot Spitzer must enforce state law and collect the taxes to help the estimated $4.4 billion budget gap.

"How do you collect taxes? If people don't pay taxes they end up getting prosecuted," Bruno said. "I mean if you don't pay your taxes, if your company doesn't pay ... what'll happen?"

Later, after flanking Bruno during a news conference, Attorney General Andrew Cuomo declined to say who should prosecute tribal enterprises.

"It depends on what the state is doing," Cuomo said. He said he wanted someone to check into Bruno's comments.

Cuomo spokesman John Milgrim later said it would be inappropriate to comment because the attorney general may have to defend the state in a lawsuit.

Assemblyman David Townsend, R-Sylvan Beach, said he will file a suit this week against Spitzer and Tax Commissioner Robert Megna in state Supreme Court in Albany County to get an order requiring tax law enforcement on the Indian enterprises.

An Oneida Nation spokesman declined to comment on the suit or Bruno's comments.

Bruno said he supported a "great resolution" from the association. It directs the Spitzer administration to "take any and all necessary action to insure collection of all sales and excise taxes on tribal and Indian sales of all goods and services to non-tribal members ... without further delay."

Bruno said: "Governor, go get the tax money on behalf of the people of this state. ... There's about $1 billion out there."

Spitzer's legal counsel, Richard Rifkin, told a committee of the association on Monday that the issue is complicated and he wouldn't speculate on how it will be resolved.

The governor put $200 million in his budget plan for this year from Indian tax collections. His budget plan for next year calls for $174 million.

The holdup has been the Department of Taxation and Finance's failure to issue coupons so that tribal members can continue to buy tax-free cigarettes and other products. People who are not tribal members would have to pay the taxes.

Town of Lenox Board Supervisor Rocco DiVeronica, the past chairman of the association's Native American Affairs Committee, said he appreciates Bruno's support but questioned his ties with the leader of the Oneida Indian Nation, Ray Halbritter. Bruno walked one of the Oneidas' professional-level golf courses last year with Halbritter, whose tribe has contributed $430,000 to Senate and Assembly campaign committees since 1999.

"There's a disconnect between state and local government officials," DiVeronica said.

Spitzer told the association his new budget would save counties $519 million. But several county leaders and Association Executive Director Steve Acquario said Spitzer overstated the state's help. They said Spitzer's budget will push $75 million to $80 million onto counties for costs of juvenile detention and welfare.

The governor, Acquario said, was counting Medicaid costs borne by the state since the Pataki administration capped local costs for the government health care program.

Paul W. Miller, Madison County's assistant director of planning, and Oneida County Executive Anthony J. Picente Jr., complained that Spitzer failed to account for sales tax revenues counties aren't getting from Indian businesses, as well as lost property taxes not paid on Oneida-owned acreage.

Spitzer spokesman Errol A. Cockfield Jr. said that if county executives say they have to raise taxes, it will be "because of their own choices, not because of the New York state budget. They are threatening tax increases at a time when the public is feeling squeezed, despite increased state aid that makes doing so unnecessary."

Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
Posted by: bluezone

Re: Tribal News - 08/02/08 10:05 AM

Pressure being put on Paterson to collect the tribal taxes.
Posted by: Rich_Tallcot

Re: Tribal News - 08/03/08 02:07 AM

Bluezone - nice post, but your information is stale. It seems all the leaders in state politics are crooks.

http://www.leaderherald.com/page/content.detail/id/54471.html?isap=1&nav=5040

July 18th, 2008

Former Communications Director Darren Dopp was accused of misusing state police to release records that would hurt then-Republican Senate leader Joseph Bruno.

Dopp recounted conversations and e-mails that indicated he was directly ordered by Spitzer in a profanity laced exchange to release to a report records tracking use of state aircraft that could embarrass Bruno and perhaps lead him deeper into a federal investigation.

Bruno has since resigned.
Posted by: bluezone

Re: Tribal News - 08/10/08 05:24 PM

Originally Posted By: Rich_Tallcot


Bruno has since resigned.


His replacement seems to be pressing to collect the overdue sales taxes from the tribes business ventures.
Posted by: Rich_Tallcot

Re: Tribal News - 08/11/08 10:12 PM

Originally Posted By: SFisWonderful
Would it be possible for a class action lawsuit against the government?
Yes and no. First, we can only do so much. Fighting the trust applications in the courts will take three to five years and MUCH more money that we have raised. By UCE filing our lawsuit, it nulifies any possible deal the state may come up with. That is priority one.

As for taxes, the NYS Assn of Convenience Stores filed suit, BUT they didn't file it as a Section 1983, Civil Rights action. THAT could be used as a class action lawsuit against the state.
Posted by: bluezone

Re: Tribal News - 08/13/08 02:55 PM

When will the county close down these illegal tribal operations?
Racketeering?
Money laundering?
Failure to pay sales taxes?....


----------------------------------------------------



Three Syracuse men charged in $50M gambling bust
by Catie O'Toole Saturday March 29, 2008, 11:12 AM
Syracuse, NY - Three Syracuse men arrested in a $20.3 million gambling operation in Central New York three years ago, are now accused of getting involved in one of the largest-scale gambling busts in the Capital Region.

George Bedigian, 63, of North McBride Street; Salvatore Tumino, 70, of North Salina Street; and Michael LoSurdo, 41, of Lakeside Road, are accused of taking part in a $50 million Internet sports betting ring, beginning in September 2006 and ending this month, according to The Albany Times Union.

The men were arrested Friday in the 800 block of North McBride Street in Syracuse.

Bedigian, considered by police as a longtime bookmaker, was named one of two "ringleaders" in the $50 million gambling operation, The Times Union reported.

In all, 12 men and one woman were arrested.

Bedigian and LoSurdo were charged with enterprise corruption, the state's version of the federal racketeering law.

Tumino is facing fourth-degree money laundering
Posted by: Rich_Tallcot

Re: Tribal News - 09/22/08 10:21 PM

Note - Indian Country Today is owned by Ray Halbritter (NY Oneida tribe)

http://www.indiancountrytoday.com/national/28661959.html

House bill would wipe out Indian tobacco industry
By Gale Courey Toensing

Story Published: Sep 19, 2008

WASHINGTON - The House of Representatives recently passed a law that would eliminate the Indian tobacco industry and put thousands of people out of work.

The Prevent All Cigarette Trafficking Act - H.R. 4081 - was passed by Congress Sept. 10 by a vote of 379 - 12. If the bill is approved by the Senate and signed into law by President George W. Bush, it will prohibit the U.S. Postal Service from delivering cigarettes and certain other tobacco products, and put Indian-owned mail order tobacco businesses out of operation.

The postal service is the only remaining delivery service available to Indian mail order businesses. In recent years, the National Association of Attorneys General pressured services such as UPS, FedEx and DHL to sign "voluntary" agreements not to transport tobacco.

The PACT Act is racially discriminatory and, therefore, a civil rights violation, according to Thomas Moll, an attorney who represents the Seneca Free Trade Association, a private, nonprofit cooperative association comprised of individuals and businesses licensed by the Seneca Nation of Indians. The association he represents is dedicated to developing commerce and industry within and around the territories of the Seneca Nation in western New York state.

"Based on information I've seen, 95 to 98 percent of the mail order tobacco businesses are owned by Indians, so in my view the PACT Act is a racially biased piece of legislation that was intended to eliminate the nationwide Indian mail order tobacco trade."

H.R. 4081 was sponsored in the House by New York Democratic Rep. Anthony Weiner and co-sponsored by seven congressmen. The bill has been kicking around in various incarnations for a few years and it incorporated provisions from an earlier version called the "Do Not Mail Tobacco Bill" that was sponsored by New York Republican Rep. John McHugh.

The goals of the PACT Act are, in part, to reap the "billions of dollars of lost federal, state and local tobacco tax revenue each year"; stop alleged terrorist organizations from allegedly profiting from trafficking in "illegal cigarettes or counterfeit cigarette tax stamps"; prevent the alleged sale of cigarettes to youth; and eliminate the “unfair competition” to "law-abiding retailers."

Moll said the claims of links to terrorism and reducing tobacco sales to minors are unsubstantiated and are being used to gain support to eliminate Indian businesses.

"The rallying cry for years was that Indian mail order tobacco businesses were selling cigarettes to kids. As it turns out, every reliable study that's been done shows that's not true - that far more cigarettes are sold to kids by the convenience stores that dot the landscape than American Indian businesses."

"I think you would be hard-pressed to find any state that has successfully prosecuted an Indian mail order tobacco business for selling cigarettes to minors."

There is a similar lack of substantiation for the allegations linking Indian tobacco sales to terrorism, Moll said.

"All of a sudden, the politicians are claiming the Indian mail order businesses supply funds to terrorist groups. Again, there's absolutely nothing to substantiate those allegations. There have been a couple of instances where individual Indians were involved in some fashion with a person having a tenuous connection to an alleged terrorist group, but the politicians have seized upon these instances and now paint this entire industry with a broad brush."

Although the PACT Act asserted that "Hezbollah, Hamas, al-Qaida and other terrorist organizations have profited by trafficking in illegal cigarettes or counterfeit cigarette tax stamps," neither the act nor New York state politicians who have been making the claim have offered any supporting evidence. [See "Politician's unsubstantiated Indian tobacco-terrorist link targets Oneida," Vol. 28, Iss. 10.]

The Indian tobacco trade is estimated to be in the billions of dollars each year, but its elimination will affect more than Indians, Moll said.

"Just in the case of the Seneca Nation there will be thousands of non-Native people unemployed, and that’s going to have a devastating effect in western New York."

He said the legislation is intended to benefit giant tobacco companies such as Philip Morris USA by increasing their market share. "And if you look at the legislation you’ll see it was drafted and supported by politicians with ties to Philip Morris and the National Association of Convenience Stores. We know that."

A cursory check on http://www.opensecrets.org showed that Weiner received a $1,000 donation from the National Association of Convenience Stores during the current 2008 election cycle, and that Virginia Republican Rep. Thomas Davis, who co-sponsored the bill, received $15,000 from the Altria Group, Philip Morris USA’s parent company.

Moll said that the politicians out to quash the Indian tobacco industry make "bold allegations" that the Indian mail order tobacco industry violates state and federal laws, "but they can't actually prove that a single state or federal law has been violated."

The PACT Act cites the Jenkins Act, a 1940s-era law that requires retailers who sell cigarettes into interstate commerce to notify that state's tax department of purchasers’ names and addresses, as well as the number of cigarettes sold, on a monthly basis so that the state can then bill the purchaser for taxes due.

But the Jenkins Act does not apply to businesses licensed by sovereign Indian nations; such businesses are not required to involve themselves in the affairs of foreign governments by helping the states collect their taxes. Even so, several Indian mail order tobacco businesses comply with the law.

"So if the PACT Act was truly about collecting taxes, and not about discriminating against Indians, then it would exempt those businesses that comply with the Jenkins Act," Moll said.

The bill was universally panned by the 36 readers on http://www.washingtonwatch.com, a Web site that tracks bills in Congress and their cost to taxpayers.

"This bill is ridiculous. It serves only to force American tobacco users to buy tobacco from the big domestic companies like Philip Morris. Are we sure this bill wasn’t introduced by Big Tobacco?" wrote reader Ben Timpley. "The bill has no edifying or logical purpose in our society and is a prime example of Congress wasting time."

While the act prohibits the U.S. Postal Service from delivering cigarettes and smokeless tobacco, it provides no such prohibition on the delivery of cigars.

"My personal opinion is that many, many politicians smoke cigars. Cigars have played a great role in political ceremony and many politicians buy their favorite cigars from mail order businesses," Moll said.
Posted by: Rich_Tallcot

Re: Tribal News - 09/22/08 10:27 PM

PressConnects.com

September 22, 2008

Paterson to decide Indian cigarette taxes

By Jay Gallagher
Albany Bureau

ALBANY -- Gov. David Paterson is expected to receive from the Legislature as early as Tuesday a bill to require the collection of excise taxes on cigarettes sold to non-Indians on Indian reservations.

He has 10 days from receiving the bill to sign or veto it, and so far he hasn't indicated which he'll do.

Indians who sell tobacco have unleashed an ad blitz across the state over the last two weeks to persuade him to veto the measure, which was approved by the Legislature over the summer. Meanwhile, supporters who see the tax-free purchases as a risk to both the health of smokers and neighboring businesses, as well as damaging to businesses off the reservations, have pressed their cases privately.

"Our ads urge the governor to be a statesman and do what all other governors have done by honoring the 214-year treaty between the Seneca Nation and the United States," Maurice John of the Seneca Nation said in a statement released when the ads started running earlier this month.

The statement added: "Albany's short-sighted taxaholics should leave our Nation and its economy alone."

But that's the last thing the state should do, advocates say.

"We've been pushing real hard. There's a ton of money that is owed the state in these uncollected taxes," said Peter Slocum of the American Cancer Society, which estimates at least 100,000 people would stop smoking if forced to pay the $2.75-a-pack excise tax on cigarettes that is not charged in the Indian-run stores.

Paterson hasn't said what he intends to do, although he has said in the past that he wants to negotiate a settlement.

The bill would have wholesalers pay the tax -- skirting the issue of actually collecting the tax on land on which the Indians claim the state has no jurisdiction. It would also outlaw manufacturers from selling cigarettes to the middlemen without proof that the tax has been paid.

Estimates of how much could be raised are as high as $600 million a year.

The state originally passed a bill to collect the taxes in 1995, but Gov. George Pataki backed down on enforcing it after violent protests erupted.

In 2006, lawmakers passed a bill calling for the tax to be collected before the cigarettes were delivered to the reservations. But a state Supreme Court judge in Buffalo delayed implementation until the state issued coupons so Indians could continue to buy cigarettes tax-free -- a step the state has yet to take.
Posted by: SFisWonderful

Re: Tribal News - 09/23/08 12:38 AM

I guess this is judgement day: Is Paterson a great Gov. or not.

Great Gov. = sign the bill
NOT a Great Gov = veto the bill

I am sure he will come up with some lame line of how he really wants to negotiate with the Indians, treat this like a foreign negotiation, same crap . . .

He should really be negotiating with them like they are the terrorist of the US and US economy killers.

Sign the bill and send in the troops if they pull any crap, get this over with!
Posted by: bluezone

Re: Tribal News - 09/23/08 08:21 AM

Originally Posted By: Rich_Tallcot
..."Our ads urge the governor to be a statesman and do what all other governors have done by honoring the 214-year treaty between the Seneca Nation and the United States," Maurice John of the Seneca Nation said in a statement released when the ads started running earlier this month.



Did Maurice say this statement with a straight face?
When are the tribes going to honor the treaties?
Guess running illegal casinos in Buffalo is acceptable to the tribe.?
Posted by: bluezone

Re: Tribal News - 10/01/08 05:12 PM

More broken treaties by the TRIBES.
Posted by: bluezone

Re: Tribal News - 10/05/08 10:18 AM

Originally Posted By: SFisWonderful
I guess this is judgement day: Is Paterson a great Gov. or not.

Great Gov. = sign the bill
NOT a Great Gov = veto the bill

I am sure he will come up with some lame line of how he really wants to negotiate with the Indians, treat this like a foreign negotiation, same crap . . .

He should really be negotiating with them like they are the terrorist of the US and US economy killers.

Sign the bill and send in the troops if they pull any crap, get this over with!



Enforce the laws Paterson.


.
Posted by: bluezone

Re: Tribal News - 10/08/08 07:21 AM

Originally Posted By: Rich_Tallcot

Originally Posted By: Rich_Tallcot


My stats come from the US Census, BIA, NIGC, SBA and Dept. of Labor. Of course their stats are never "current". But from 1989 to 2003 percentage of household income increase for whites was 5%, Asian 6%, Hispanic 7%, Black 17%, and American Indian 32%. From 2000 to 2004 the American Indian population increased 23% from 2.2 to 2.7 million; federal spending on Indian programs increased 58% from $3.6 billion to $5.7 billion; and tribal revenue from gambling increased 207% from $6.3 billion to $19.4 billion. American Indians moved from 4th to 3rd out of the five ethnic distinctions, ahead of Hispanic and Black.

Lets see - 19.4 billion in just gambling added to $5.7 billion in tax funded freebies = $25.1 billion for 2.7 million American Indians, or $929 million per Indian each YEAR. Even just using the $5.7 billion in taxes comes to $211 Million per Indian per year. This leads me to believe that your statement of the rich getting richer may be true, but your adding "not Native Americans" is false.

... trust lands don't apply to New York State.



But the NY tribe wanted $30 million for a land claim?
Sounds like the tribe has indirectly "collected" far more than the $30 million.


.
Posted by: bluezone

Re: Tribal News - 10/11/08 11:49 AM

Originally Posted By: bluezone
...Lets see - 19.4 billion in just gambling added to $5.7 billion in tax funded freebies = $25.1 billion for 2.7 million American Indians, or $929 million per Indian each YEAR.


What treaty states they are to receive these freebies?

None that I see.
Posted by: bluezone

Re: Tribal News - 10/28/08 08:27 AM

Gov. David Paterson is getting ready to bring New Yorkers up to date about the state's financial problems -- and he's using words like "dismal" and "unfortunate."

During a stop in Buffalo today, Paterson says he will detail the state's budget deficit for this year and next on Tuesday. He says this year's budget deficit is in the neighborhood of $1.5 billion -- which is even more than the $1.2 billion he was projecting just a few weeks ago.

The governor says nothing will be off the table b] when the state Legislature meets next month to address the crisis. He's asked lawmakers to return to Albany Nov. 18 to cut spending.



-----------------------------------------------------------

Howz about collecting the overdue monies from the tribes?


problem solved--------------------------


-
Posted by: bluezone

Re: Tribal News - 11/14/08 08:16 AM

Looks like Paterson is more interested in taking away money from our children/schools than the illegal indian operations.

Should we burn tires on the thruway to get his attention???
Posted by: SFisWonderful

Re: Tribal News - 11/15/08 07:20 PM

Originally Posted By: bluezone
Looks like Paterson is more interested in taking away money from our children/schools than the illegal indian operations.

Should we burn tires on the thruway to get his attention???


He must feel sorry for them because they are a minority as well. The only minority with BILLIONS in assets!

Not only does he want to cut programs, he lauughs and jokes about it. I'm sorry Paterson-I missed the joke!
Posted by: bluezone

Re: Tribal News - 11/17/08 06:57 AM

Originally Posted By: SFisWonderful

He must feel sorry for them because they are a minority as well. The only minority with BILLIONS in assets!

Not only does he want to cut programs, he lauughs and jokes about it. I'm sorry Paterson-I missed the joke!


Just the opposite stance when he was running for election.
Posted by: justaxme

Re: Tribal News - 11/18/08 01:00 PM

Saw the "budget meeting" with the "gang of five" today at noon live on RNEWS. The first suggestion on closing the deficit was collecting indian taxes. Patterson said that was tops on his list. Top for what, I don't know. Maybe top to ignore. It will be interesting!!!
Posted by: bluezone

Re: Tribal News - 11/20/08 05:27 AM

Paterson is putting himself in a position that he will have to collect the taxes from the tribes.
Posted by: bluezone

Re: Tribal News - 11/22/08 04:05 PM

Has the paperwork reached Patersons desk to enforce tax collection?
Posted by: SFisWonderful

Re: Tribal News - 11/22/08 07:21 PM

Originally Posted By: bluezone
Has the paperwork reached Patersons desk to enforce tax collection?


Sooo is there anyway that we can make our leaders realize that we are sick of being taxed to death, we want lower taxes, and we are sick of people taking free rides (Sadly, this includes the people that represent us)?

I have called Nozzolio's office myself, I just feel as though it's a sounding board. As soon as the phone hangs up, they probably went back to making plans for what they were doing after work.
Posted by: justaxme

Re: Tribal News - 11/26/08 05:44 AM

Originally Posted By: SFisWonderful
Originally Posted By: bluezone
Has the paperwork reached Patersons desk to enforce tax collection?


Sooo is there anyway that we can make our leaders realize that we are sick of being taxed to death, we want lower taxes, and we are sick of people taking free rides (Sadly, this includes the people that represent us)?

I have called Nozzolio's office myself, I just feel as though it's a sounding board. As soon as the phone hangs up, they probably went back to making plans for what they were doing after work.


I don't think Mike or any of our state reps have any power to do anything. It's Paterson, Silver and the other guy who rule NY. Local reps are thrown bones (pork) for keeping their mouths shut and following the party line. Mike and others can yell all they want but no one in Albany pays attention. They have their own agenda.
Posted by: bluezone

Re: Tribal News - 11/29/08 10:52 PM

The Raid will open up some eyes.
Posted by: Rich_Tallcot

Re: Tribal News - 12/07/08 02:21 PM

The biased National Indian Gaming Commission (NIGC) with a mandated board of two tribal members out of the three member board has issued repeatedly biased decisions and outright refused to enforce the laws as written.

They recently allowed a Nebraska tribe to open a casino in Iowa. The NIGC has repeatedly allowed tribes to open casinos without first establishing whether the lands qualify according to law.

In New York they issued blanket approvals for the Oneida and Cayuga tribes with the assumption they would be on tribal lands. They weren't. The Cayuga casinos were shut down by local authorities, the Oneida Turning Stone had progressed to getting way out of hand with local judges ruling the land was Indian Country when it was not. SCOTUS clarified that with the Sherrill ruling.

The NIGC is refusing to comply with the laws pertaining to the Seneca casino in Buffalo. The lands they are on do not legally qualify for gambling because they were not purchased with funds from a land claim settlement.

In Nebraska, the NIGC approved a casino for trust land that had a restriction on it prohibiting one.

Remember all those promises that restrictions can be written into settlements? Tribes, bureaucratic agencies, state and federal politicians flout the Constitution on a regular basis. Yes, anyone can make them comply with the law. All you need is a million dollars and five years to get through all the court appeals. It makes almost any agreement or settlement restriction worthless.

But it's difficult to make a man understand something when his very wage depends on him not understanding it. Then again, some people are just plain thick headed.

Judge Wolle said that the NIGC shouldn't have determined whether the tribe could build a casino because the NIGC does not determine land status. That decision lies with the Department of the Interior and the Bureau of Indian Affairs. Land status has to be determined first.

But since the NIGC issued a December 31, 2007, determination on the casino site, Wolle ruled the agency's action was "arbitrary and unlawful" because it didn't take into account that the tribe promised not to build a casino on the land when the site was taken into trust in 2003.

But the case affects a dispute between NIGC, an independent entity that was created by the Indian Gaming Regulatory Act, and the Department of Interior. The NIGC constantly and continues to award casino sites to lands that are not eligible or not yet eligible.

Philip Hogen defended the NIGC's independence and is urging the Obama administration to back him up on it. Hogen said the Secretary of the Interior shouldn't have the ability to overrule the NIGC's determinations.

Philip Hogan is the one who responded to my letters questioning why he authorized a tribal casino to be opened next to a high school. He said it was a blanket approval allowing the tribe to open it anywhere the tribe felt they could do so legally.

Wow, Hogan is on a head trip with racial preferences in focus. The law reads that it is the Secretary of Interior who has the authority to make decisions regarding the land. Must be Hogan, just like many people that don't like to follow the laws, didn't understand that part.

One MIGHT think it to be rather odd that the Department of Justice would back Philip Hogan's stance in clear violation of the law and in violation of the settlement agreement. But, remember, the tribes are WARDS of the federal government and the attorney in charge of dealing with tribal casino issues always defends those pushing for a casino regardless of what the law says. The DOJ doesn't always win.

Generally, the NIGC takes the lead when a site is already in trust, as was the situation with the Poncas.

But Wolle rejected the government's defense and said the NIGC shouldn't have taken action because DOI had already determined when the land was taken into trust that the site wasn't eligible for gaming.

The Ponca Tribe was terminated and restored to federal recognition by an act of Congress in 1990. Although the tribe is primarily based in Nebraska, the law included Carter Lake and other parts of Iowa in the tribe's service area.

Then the tribe purchased a 5-acre site in Carter Lake with the intention of opening a health facility. The state of Iowa opposed the land-into-trust application but dropped the threat of litigation when the tribe agreed not to pursue gaming.

The tribe then changed its mind and decided to open a casino in Carter Lake. Imagine that. Carter Lake, though it is a part of Iowa, is physically surrounded by the state of Nebraska due to the shifting of the Missouri River.
Posted by: bluezone

Re: Tribal News - 12/11/08 08:06 AM

another $90,000 saved in sales taxes today.



.
Posted by: Rich_Tallcot

Re: Tribal News - 12/14/08 10:40 PM

Drug sweep on NY Indian reservation
Dec. 11, 2008

SYRACUSE, N.Y. - For the second time in less than a month, federal authorities have made a big drug sweep through an upstate New York Indian reservation.

Federal prosecutors say this time the drug-trafficking was centered at the Onondaga Indian Nation south of Syracuse.

A grand jury is indicting 29 people, accusing them of smuggling thousands of pounds of high-potency marijuana into the United States from Canada through the St. Regis Mohawk Reservation along the U.S.-Canadian border. View the indictment here:

http://www.newswatch50.com/media/news/1/...by_12_10_08.pdf

The marijuana was then taken to the Onondaga reservation and distributed to other points, including the Salamanca Indian Reservation near Buffalo.

Last month, a federal grand jury charged 34 people in connection with another drug ring operating from St. Regis.

[Just think of all this economic development here that we're missing out on. Yes, I know the reservations don't have the market cornered, but they are a main stream.]
Posted by: bluezone

Re: Tribal News - 12/15/08 05:29 AM



Gov. David Paterson is expected to sign a bill on Monday that will require wholesalers to collect taxes on all tobacco and petroleum products before they are sold to businesses owned by American Indians, said state Sen. Michael Nozzolio.
“This bill will change the law to make it easier for the (state) tax department to collect taxes on products sold at Native American stores,” Nozzolio said. “The only thing worse than taxes is taxes that are imposed unequally and unfairly.”

After being passed by the state Assembly and Senate this past summer, the bill needs the governor's approval before it can take effect.

Under the current system, retailers are required to collect taxes when items are sold to a customer.

While American Indians are not required to collect taxes made on sales with other Indians, they are supposed to collect taxes on transactions with non-Indians.

The signing, which is scheduled to take place at 10 a.m. in Utica, comes a week after state Supreme Court Judge Kenneth Fisher rejected a lawsuit filed by the Cayuga Nation against the sheriffs and district attorneys offices in Cayuga and Seneca counties. The nation said law enforcement violated their sovereignty by raiding their Lake Side Trading stores in Union Springs and Seneca Falls for untaxed cigarettes on Nov. 25.

Several New York state tribes, including the Cayuga Nation, have said their sovereignty exempts them from collecting sales or excise taxes on products sold by their businesses.

Fisher ruled the stores are not on a recognized reservation and that even though the state refused to help with the investigation, local law enforcement officials could still conduct their own felony investigations.

Both district attorneys' offices are planning to go to a grand jury to seek felony tax evasion charges against the tribe and both stores were closed by the nation on Wednesday while the tribe appeals Fisher's decision.

Even though several state and federal Supreme Court decisions allow states to collect taxes on sales made between tribes and non-Native Americans, Nozzolio said former governors Eliot Spitzer and George Pataki failed to enforce the state's tax laws on the region's tribes.

“There have been several jobs driven out of the area as a result of the state's failure to enforce the tax laws equally on Native Americans and non-Native Americans,” Nozzolio said. “This bill will allow the state to collect taxes on tobacco and petroleum before it gets delivered to Native Americans for sales.”

While the bill will only affect tobacco and petroleum, Nozzolio said the state's tax department can inventory a business's records to collect sales tax.

“This will be a tax that's placed on Native Americans and non-Native Americans because everyone should be taxed equally and fairly,” he said.
Posted by: Rich_Tallcot

Re: Tribal News - 12/15/08 07:03 PM

The Feds have just indicted Glenn Marshall, ousted head of the mashpee wampanoag tribe, on a whole bunch of counts including embezzling from the tribe and bribing congress.
Posted by: bluezone

Re: Tribal News - 12/17/08 07:43 AM

Originally Posted By: sworldt
As the UCE Melts down.The worm turns. ROFLMAO


Bye sworldt.

Posted by: bluezone

Re: Tribal News - 12/17/08 08:25 AM

----President-elect Barack Obama is being asked to support $2 billion in funding for Indian Country. ----


Is this in any treaty?

And what do the tribes use the casino profits, illegal cigarette tax profits and illegal gas tax profits for?



.
Posted by: VM Smith

Re: Tribal News - 12/17/08 12:00 PM

Lobbying, buying politicians, buying land and businesses, and, I'll bet, sending some offshore.
Posted by: justaxme

Re: Tribal News - 12/17/08 07:53 PM

Any thoughts on the new DOI guy?

CHICAGO - Pushing to fill his Cabinet, President-elect Barack Obama announced Wednesday his choices of former Iowa Gov. Tom Vilsack to be agriculture secretary and Colorado Sen. Ken Salazar to lead the Interior Department.

All I could find:

Voted NO on allowing tribal Indians to opt out of federal healthcare. (Feb 2008)

http://www.ontheissues.org/Senate/Ken_Salazar.htm
Posted by: Rich_Tallcot

Re: Tribal News - 12/27/08 12:26 PM

This is a VERY lengthy article, but there are so many good examples of why we should be nailing our congressmen to eliminate this process, the whole article is a good read.

Outsiders Target Indian Land for Risky Business

Developers Skirt State and Local Laws by Building on Indian Land

Click on url for full article.

http://www.publicintegrity.org/articles/entry/925/
Posted by: bluezone

Re: Tribal News - 12/30/08 10:54 AM

Originally Posted By: bluezone
Originally Posted By: SFisWonderful
I am not doubting you, buttt is there a newspaper article that states this information??


http://www.buffalonews.com/cityregion/story/390782.html


Parlato may want to order more slot machines.

LOL


Has he started yet?


.
Posted by: bluezone

Re: Tribal News - 01/05/09 04:13 PM

Senecas now want a casino in the Catskills. Their other casino in Buffalo is in a legal battle. And who ever thought that the land claims were just about the "land"? Casino shopping on land the Senecas never have claim to.

Got to laugh!!!!


.
Posted by: bluezone

Re: Tribal News - 01/09/09 05:02 AM

Originally Posted By: bluezone
Originally Posted By: SFisWonderful
I am not doubting you, buttt is there a newspaper article that states this information??


http://www.buffalonews.com/cityregion/story/390782.html


Parlato may want to order more slot machines.

LOL


We should all start our own casino seeing that NY state fails to apply the laws.


.
Posted by: bluezone

Re: Tribal News - 01/28/09 09:32 AM




http://www.nocayugalandintotrust.net




.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 04:55 PM

http://www.tamatoledonews.com/News/articles.asp?articleID=2659

Tama County Supervisors voice opposition to more Meskwaki land off tax roles into trust

TOLEDO CHRONICLE

By Joyce Wiese

News Correspondent

In late December the Tama County Board of Supervisors received a letter from the Bureau of Indian Affairs, Department of the interior asking for comments on the request by the Sac and Fox Tribe of the Mississippi (Meskwaki) to have four more properties in Tama County to be placed in trust, and what the impact would be on Tama County if this property were taken from the tax rolls.

The letter asked for the annual amount of property taxes currently levied on this ground, any special assessments, any governmental services that are currently provided to the property by Tama County, and if the property is subject to zoning.

The property involved is 157.66 acres in Section 6 of Columbia Township with taxes assessed at $1,814, two parcels in Toledo Township, one in Section 18 and one in Section 20, with combined taxes of $1,712, the fourth the fourth parcel in Indian Village Township, Section 14 with taxes of $2174. , for a combined loss of property tax in the amount of $5,700, and 254.7 acres of taxable land.

The supervisors have advised the Department of Interior they would like to go on record of strongly opposing the acceptance of an additional 254.7 acres. Supervisors said they would like to make it clear they are not opposed to the Meskwaki purchasing land, but they have already purchased approximately 6,800 acres currently held in trust and therefore are not paying property taxes on these acres.

On a 3-0 vote supervisors Kendall Jordan, Dan Wilkens and Larry Vest voted to send a letter to the Department of the Interior - Bureau of Indian Affairs midwest office expressing their opposition.

Tama County provides the majority of the services from funds generated by property tax. This includes services that are used by the Meskwaki as well as the rest of Tama County including county roads, courts, prosecution, elections, mental health, substance abuse, registration of vehicles, boats, ATVs, maintenance of county buildings, utilities, etc.

Also affected are schools and community colleges that rely on property taxes for their operation. Because the tribe is exempt from most, if not all, sales tax, it reduces the local option sales tax that is generated from retail sales.

The Meskwaki now have the largest casino in Iowa which is also exempt from property tax. Tama County receives no revenue from the casino because of the Native American status. The additional traffic created by those traveling to and from the casino adds to the law enforcement work load. If the tribe does in fact, expand to additional retail venues, it would not only generate no taxes for Tama County, but could certainly offer a prospective business an incentive package that would be more attractive than any in our communities.

In the past 10 years Tama County has tried in a number of ways to garner some federal funds to help offset the loss of revenue from the land and improvements that are held in trust, but have had no success. Supervisors advised they would not be opposed to the additional land being enrolled in the trust if revenue from the Federal government would replace this loss of revenue.

County Trustees were present to voice their concerns in the lack of property tax that could be lost if the land if the Meskwaki land is put in trust.

Harold Antle, Indian Village Township trustee stated the loss of revenue in that township has placed a real hardship on the fire department and the cemeteries. He stated trustees have a deep concern on how to continue with their duties and the loss of revenue.

Claims for the past week amounted to $39,722.

[But I'll bet these local politicians continue to support their party line congressmen and senators at the federal level who support and sustain this system. And their political party committees are just as much at fault by continuing to endorse them. Hmmm, largest casino in Iowa, campaign funds? Federal tax money laundered back into campaigns. The Hatch Act prohibits using federal taxpayer money in campaigns, but the tribes are excluded. OH, we need federal monies for our education, culture, environmental programs because we are poor. So if you give us $30 million we will donate $15 million of that into your campaigns and political party committees.

Our OWN Congress people are the problems!]
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 05:27 PM

http://www.journalrecord.com/article.cfm?recid=95503

Chief: Federal judge failed to consider merits of tribe’s case
January 27, 2009

OKLAHOMA CITY – Osage Nation Chief Jim Gray said Monday that a Tulsa federal judge failed to consider the merits of the tribe's case seeking exemption from Oklahoma income taxes for tribal members who live and work in Osage County.

Gray said the tribe will continue to pursue its claim "no matter how long and how difficult the struggle may be."

U.S. District Judge James Payne ruled against the tribe Friday.

Gray termed the decision "a novel approach to eliminating our claim through a creative reinvention of some 75 years of Supreme Court rulings."

"We believe that the court failed to follow clear precedence for this highly controversial conflict and we fully expect that our continued efforts will result in the appropriate interpretation and application of the law, either by the court's reconsideration or at the next level," Gray said.

The chief took issue with the court's discussion of the fact that the tribe sought only recently to try to re-establish its claimed reservation and challenge the state’s taxation jurisdiction, even though the state has governed the county for more than a century.

"It is clearly not justice when such a clear wrong is justified simply by the length of the period during which this wrong went uncorrected," Gray said.

He said it was only recently that the tribe was freed from federal constraints to govern its people and territory.

"The mere mention of the nation's failure to timely raise this claim indicates that the court has fully failed to understand and consider the facts of this claim," Gray said.

Tax Commission general counsel Doug Allen said an opposite decision would have initiated a "multilayered potential for problems."

His remark echoed Payne's conclusion.

"Recognizing Osage County as a reservation and ousting Oklahoma income taxation over Osage members would have significant practical consequences not only for income taxation, but potentially for civil, criminal and regulatory jurisdiction in Osage County," the judge wrote.

In December 2007, the 10th U.S. Circuit Court of Appeals dismissed the tribe’s case against the Tax Commission as a whole, but allowed it to continue against individual commissioners.

In its lawsuit, the tribe contended that all of Osage County should be considered Indian Country, because the Osage Reservation was never officially disestablished by Congress.

In his ruling, Payne said that as of the 2000 Census, 20.7 percent of the county’s resident identified themselves as American Indians, with only 5.4 percent saying their were Osage.

The Associated Press contributed to this story.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 06:28 PM

http://www.startribune.com/local/south/3...7PQLanchO7DiUsr

Shakopee tribe's need for land is growing
By DAVID PETERSON, Star Tribune

January 28, 2009

The Shakopee tribe's eagerness to expand its land holdings in Scott County may have a new explanation.

Newly public information stemming from the Shakopee Mdewakanton Sioux Community's desire to be treated for the first time as a stand-alone entity by the Metropolitan Council suggests that the tribe's need for residential land is increasing rapidly.

Tribal officials are intensely private about their own members, forbidding media photographs of private homes and declining to say how many members the tribe has.

But in honoring a request the tribe has made to be treated separately from Prior Lake and Shakopee -- the two cities in which its land is located -- the Met Council has opened a tiny keyhole into the tribe's affairs.

The tribe has informed the council that by early 2006, its population had risen to 387, and its number of households to 217.

That was not a big jump in population from the 360 reported in the 2000 census. But it was a huge increase in the number of households: 100 more in just six years, or more than double the rate of new household formation in the 1990s, based on 1990 census figures.

New households can be created when young people become adults and wish to leave home, when people marry, or when couples divorce. The tribe's rising wealth during that same period -- the total annual income of all households combined shot from about $5 million to more than $30 million during the '90s, according to the Census -- would help make it more affordable for members to buy separate homes, as opposed to living in extended families.

During the same period, the tribe has greatly accelerated its rate of land purchases, acquiring thousands of acres -- to the consternation of the city of Shakopee, which is seeing its stock of developable land decline. Prior Lake, in which the vast majority of tribal members live, has been more relaxed, saying it expects to annex rural land to its south to cover its expansion needs.

Tribal officials did not respond to a request for comment for this article. But in a lengthy interview last year about the growth in land holdings, Stan Ellison, who runs the tribe's land department, said it is critical for the tribe to act now to nail down land it will need in the distant future for an expanding population and other needs.

"The tribe can't move," he said. "We have to acquire enough to ensure housing for the tribal population 50 or 60 years ahead of time. And we can't wait 50 years to buy it. We have to hold it until we need it."

Most of the northerly land in the tribe's hands, he said, "will be housing at some point, and not that different from Shakopee, although with less density and more parks and open space."

As a practical matter, Ellison added, "when the tribe does acquire land, it prefers large, undeveloped tracts. We can't buy one house at a time. That would be prohibitive" in terms of cost.

The decision to split the tribe out for statistical purposes was discussed last week before a Met Council committee. Council spokeswoman Bonnie Kollodge played down the importance of that decision.

"It is simply a matter of ... record-keeping," she said, and "not intended to signal anything more."

But tribal officials see it as more than that. In a letter to the council requesting the change, tribal staffer Victoria Ranua warned that population, household and employment numbers that are vital to determining the future need for expensive infrastructure such as roads and sewer were being "inflated" when an increasingly self-sufficient tribe's numbers were assigned to its neighbor cities.

The cost of tribal growth, even that of water and waste treatment, will be covered whenever possible by "tribal resources, not those of the municipalities or Scott County," she said.

© 2009 Star Tribune.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 06:35 PM

California

P.O.L.O., Preservation of Los Olivos, http://www.polosyv.org

Precedent setting case comes to a close; hands victory to local groups

Preservation of Los Olivos, P.O.L.O. and Preservation of Santa Ynez, POSY
v. the United States Department of the Interior

FOR IMMEDIATE RELEASE
Contact: info@polosyv.org

Santa Ynez, Ca. - January 21, 2009 - After four years in federal court, the Department of Interior and Santa Ynez Band officially withdrew their appeal of a July 9, 2008 ruling by Federal Court Judge A. Howard Matz making the July 9th order final.

"By withdrawing the appeal, Judge Matz' decision becomes the final decision in this case. P.O.L.O. and POSY now have standing to challenge the federal government's ability to remove land from local regulatory and taxing authority through the fee-to-trust process and puts decisions made by the BIA or IBIA under the scrutiny of a federal court," states Kathryn Bowen, spokesperson for P.O.L.O. "Never before have these decisions been subject to judicial review. This is a very big victory for all affected communities."

Matz' ruling on July 9th rejected the arguments made by the federal government and the Santa Ynez Band that Preservation of Los Olivos (P.O.L.O.) and Preservation of Santa Ynez (POSY) have no right to appeal Bureau of Indian Affairs' (BIA) or Internal Board of Indian Appeals' (IBIA) decisions.

"The days of the rubber stamp approach by the Department of Interior over land use issues involving gambling tribes is over," explained Bowen. "Our grievance was with the government telling us we did not have a right to stand up in a court of law and object to the removal of land from local jurisdiction. We believe we do have that right. Judge Matz agreed," Bowen says.

P.O.L.O. and POSY's legal challenge against the federal government began in 2005 after the Santa Barbara County Board of Supervisors failed to meet a deadline to appeal the Bureau of Indian Affairs' decision to place the 6.9 acres into federal trust status.

"The county had automatic standing to appeal this decision and take steps to protect our community. They chose not to. The Board of Supervisors repeatedly failed in their responsibility to protect the interests of the county and in doing so saddled the community with a costly burden of rectifying their error in judgment," says Bowen.

P.O.L.O. and POSY filed an appeal in 2005 on behalf of the community against the United States Department of the Interior.

"We knew the 6.9 acre parcel would have set the precedent for all future land acquisitions by the Santa Ynez Band. The planned cultural center could have built over 5 years ago. The land does not have to be in federal trust to build it," states Bowen.

P.O.L.O. and POSY are requesting that the order be published so that all persons seeking review against related federal actions may use it and are seeking reimbursement for their attorney's fees under the Equal Access to Justice Act.

"This has always been about restoring and preserving the voice of each and every one of us. The Constitution is still a very young document, but it provides a clear framework for our rights as citizens and this case is a monumental example," states Steve Pappas, founder and former Executive Director of P.O.L.O.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 06:36 PM

http://www.indianz.com/News/2009/012856.asp?print=1

Economic recovery includes $2.8 billion for Indian Country
Wednesday, January 28, 2009
Filed Under: National | Politics

Indian Country could benefit from a $2.8 billion boost as part of a national economic stimulus package making its way through Capitol Hill.

The amount is only a small part of the $825 billion American Recovery and Reinvestment Act that is heading to the Senate floor. It's also far less than the $6.12 billion that the National Congress of American Indians sought in Congressional testimony on January 15.

But key Senators hailed the inclusion as a positive step in ensuring American Indians and Alaska Natives aren't left out of the nation's economic stimulus. "Nowhere in this nation are jobs and construction improvements more needed than on American Indian reservations," said Sen. Byron Dorgan (D-North Dakota), the chairman of the Senate Indian Affairs Committee.

"Tribal communities suffer 50% unemployment rates and longstanding construction needs," added Dorgan, whose committee had recommended $3.8 billion for Indian Country. Dozens of tribal leaders were in Washington, D.C., last week to lobby for their share of the recovery.

Of the amount in the Senate's version of the stimulus, $545 million would be dedicated to Indian health care and $325 million would be set aside for public safety and justice on reservations. Another $327 million would be used for Indian schools, $486.8 million would go to roads and bridges and about $459 million would be used for reservation water projects.

The Senate package also includes $520 million for Indian housing, $5 million for food distribution in Indian Country, $115 million for facilities improvement and repair, $20 million for workforce training, $20 million for a community development fund and $10 million for an Indian loan guarantee program.

The House is set to vote on its version of the bill today. That version includes amounts similar to the ones in the Senate package. The two chambers will resolve their differences before a final bill is sent to President Barack Obama, who is calling for quick action on the stimulus.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 06:41 PM

News from American Lung Association in New York

For more information contact: Angela Pause Smith, American Cancer Society at (518) 339-6339 -- Katherine McCarthy, American Heart Association at (518) 869-4049 -- Brian Marchetti, American Lung Association in New York at (518) 465-2013 x 322

Tobacco Tax Ticker Approaches $400 Million Dollars
Web-based Tax Ticker Shows Revenue Lost from Native American Cigarette Sales Since June 2008

ALBANY, NY (01/30/2009; 1033)(readMedia)-- --

FACT: Early in the morning on Saturday, Jan. 31, New York State will eclipse $400 million in lost revenue from failing to collect excise tax on Indian cigarette sales, according to the web-based "Tobacco Tax Ticker" located at http://www.alany.org/tobaccotaxticker.

FACT: In December, Governor Paterson signed a law requiring tobacco wholesalers to provide certification to the state tax department that they have not sold tax-free cigarettes to any retailer.

FACT: In granting a preliminary injunction against implementing the new law, the judge indicated that, for the law to take effect, the Governor must first implement a coupon system allowing Native Americans to purchase tax-free cigarettes mandated by the State Legislature four years.

FACT: Collection of cigarette taxes is constitutionally permitted, as the U.S. Supreme Court ruled in 1994 that the regulatory system to pre-collect taxes on sales to non-Native Americans was entirely constitutional.

FACT: Collecting the tobacco tax on cigarettes sold on Native American Reservations will prompt an estimated 150,000 New Yorkers to quit smoking and help provide funds for vital health programs that serve the uninsured.

New York State's leading public health organizations again urge Governor Paterson to move promptly and explore all possible measures to collect taxes on cigarettes sold on Native American reservations.
Posted by: bluezone

Re: Tribal News - 01/30/09 07:28 PM

Originally Posted By: Rich_Tallcot
... the judge indicated that, for the law to take effect, the Governor must first implement a coupon system allowing Native Americans to purchase tax-free cigarettes mandated by the State Legislature four years...


The counties that have any tribal smokeshops should pitch in money to have the coupons printed.

How much could it cost to print a few thousand coupons? ($200, $400, $600...)

That would leave Paterson without any more excuses.

.
Posted by: Rich_Tallcot

Re: Tribal News - 01/30/09 09:52 PM

Originally Posted By: Rich_Tallcot
Economic recovery includes $2.8 billion for Indian Country Wednesday, January 28, 2009.

It is rather obvious, the casino money from the tribes went into the pockets of Congress. Then Congress passes a bill like this. Guess where this money will go?

It seldom goes to the so called "poor" tribes. The BIA keeps 89% of the money. That's like bailing out those that suffered from the economy collapse. The bankers that created the mess are the ones that benefited.

The Hatch Act prohibits you and I or anyone else from using federal taxpayer funds in election campaigns. Guess what? The tribes are EXCLUDED, thanks to Congress! They can take this, mix it with a few tribal dollars and then call it tribal money for campaign fund purposes or donations to political parties. Scott Kayla Morrison explained this very well, but people don't push to get the system changed.

The taxpayers are being bilked $2.8 billion dollars in an economic stimulous package to support tribes that have taken in close to $75 billion in casino revenue last year as more of just an effort to bolster congressional and political party campaign coffers.

It's obvious, the casino tribes don't need the money, their governments are often as corrupt at those we are fighting overseas. And we should more than start to wonder about our own government when they purposely exclude tribes from the Hatch Act of giving federal taxpayer funds back to the Congress for their own reelection,.

Maybe this is our own Congressional maneuver to circumvent all the lobbyists getting caught paying them off. Maybe our Congressmen figure if they can't accept bribes directly, they can just pay the tribes, who can then legally in accordance with laws Congress makes themselves, bribe themselves.

Have you started to get mad yet? I'd HIGHLY recommend a rider be attached to the bill to include tribes under the Hatch Act to prohibit Congress from white washing our own taxpayer dollars back into their own pockets. But, don't hold your breath. Congress purposely excluded tribes from the campaign finance reform bill. Our own Senators Schumer and Clinton fought the attempt to include tribes. It is Congress that is corrupt, collectively and as individuals.

People haven't been stepped on enough. We just got raped by bailing out the bank CEOs that took us to the cleaners to begin with. I guess the banking industry has some real good lobbyists.
Posted by: bluezone

Re: Tribal News - 02/03/09 09:19 AM

Originally Posted By: Rich_Tallcot
... to support tribes that have taken in close to $75 billion in casino revenue last year ...


... Our own Senators Schumer and Clinton fought the attempt to include tribes.



Interesting.
Posted by: bluezone

Re: Tribal News - 02/05/09 08:59 AM

State sues smoke shops, officials

Drew Edmondson: The attorney general's lawsuit, filed on behalf of the Oklahoma Tax Commission, alleges a conspiracy by several smoke shop owners and Creek Nation officials to violate federal and state laws on Oklahoma cigarette sales.
By OMER GILLHAM World Staff Writer
Published: 2/5/2009 2:35 AM


The Oklahoma Tax Commission is suing more than a dozen Creek Nation smoke shop owners and several Creek Nation officials, alleging that they conspired to violate federal and state laws governing cigarette sales in Oklahoma.

Attorney General Drew Edmondson filed the lawsuit Wednesday in Tulsa County District Court.

The defendants include 15 individuals who own or operate Creek Nation- affiliated smoke shops, including Creek Nation Council member Steve Bruner. Additional defendants are Toney Lee, manager of Muscogee (Creek) Nation Tobacco Wholesale, and Garry Berryhill Sr., manager of Creek Nation Travel Plaza Enterprises.

Creek Nation Tobacco Wholesale is not licensed with the Oklahoma Tax Commission to sell tobacco products in Oklahoma, the lawsuit states.

The filing claims that "the object of the conspiracy was to produce unlawful profits and gain from the sale of cigarettes in violation of the Federal Contraband Cigarette Trafficking Act, the State Complementary Act and State Cigarette Tax Act."

The lawsuit highlights the bitter battle between the Tax Commission and smoke shop owners who have alleged that the state has not negotiated fairly with the tribe for a new tobacco compact.

For the past four years, the Creek Nation has refused to sign a new compact because it allegedly does not protect the historic tax advantage the tribe has had over nontribal retailers.

Without a tobacco compact, Creek-affiliated stores have created various methods of obtaining low-tax cigarettes and cigarettes without state tax stamps to compete in the Tulsa area, a high-tax zone, a Tulsa World investigation has shown.

From the state's point of view, these methods are a conspiracy. In essence, the Tax Commission is alleging that Creek Nation Tobacco Warehouse is coordinating the sale and delivery of millions of packs of cigarettes without Oklahoma tax stamps and which are not listed on the state's master cigarette directory.

The list is derived from the Master Settlement Agreement, reached with cigarette manufacturers in 1998. Seneca, King Mountain and Skydancer brand cigarettes are being sold by the smoke shops but are not on the list, the World investigation showed.

Smoke shop owners from Muskogee, Broken Arrow, Holdenville, Okemah, Tulsa, Okmulgee and elsewhere are alleged to be buying and selling cigarettes without an Oklahoma tax stamp, court records state. Additionally, many of the smoke shops are selling low-tax cigarettes that should be reserved for smoke shops along the Oklahoma border in competition with the tax rates of bordering states.

The lawsuit alleges that between February 2007 and May 2008, Creek Nation Tobacco Wholesale purchased or had delivered 5,330,100 packs of unstamped cigarettes to its headquarters in Okmulgee. The cigarettes allegedly were purchased from Native Wholesale Supply Co. by way of Nevada International Trade Corp., the operator of a foreign trade zone in Las Vegas. The cigarettes were manufactured by Grand River Enterprises Six Nations Ltd.

An investigation by the Tulsa World in August revealed that Native Wholesale Supply was being sued by the state on allegations that it violated the Master Settlement Agreement. The lawsuit was filed in May in Oklahoma County District Court and moved to federal court Aug. 6.

The Tax Commission says the conspiracy is costing the state millions of dollars in tax revenues that are designated to be spent on health initiatives and to reduce the number of smokers in Oklahoma.

The state is seeking damages for the loss of tax revenues caused by the alleged conspiracy and the sale of low-tax cigarettes in high-tax zones, court records show.
Posted by: bluezone

Re: Tribal News - 02/10/09 08:10 AM

smokes sales to stop soon. ;\)
Posted by: bluezone

Re: Tribal News - 02/18/09 05:16 PM

Originally Posted By: bluezone
smokes sales to stop soon. ;\)


Judge: Cayugas can't sell untaxed cigarettes

By: The Citizen staff report

Wednesday, February 18, 2009 4:02 PM EST
The Cayuga Indian Nation of New York will not get its seized cigarettes back, and it must stop selling untaxed cigarettes to non-Indian customers at its Union Springs and Seneca Falls stores, a judge ruled Wednesday.
State Supreme Court Judge Kenneth Fisher issued a pair of decisions that favored the district attorney offices of Cayuga and Seneca counties in their prosecution of the Cayuga Indian Nation of New York over untaxed cigarettes.

The nation had earlier secured a preliminary injunction from the state Appellate Division that prevented the counties from moving forward on their prosecutions of the cases until it could make a final decision on the case.

But Fisher, who signed the original search warrants in the case and declared the counties' actions lawful a couple of weeks later, said the appeals court's injunction merely preserved the status quo at the time it was issued. And the Cayugas were not selling untaxed cigarettes at time; in fact, the stores were closed.

Fisher also noted that the Appellate Division gave no indication in its written orders which way it was leaning in terms of the merits of the case.

For more on this story, see Thursday's edition of The Citizen.



;\)


.
Posted by: bluezone

Re: Tribal News - 02/19/09 06:06 PM

PUBLIC INFORMATION MEETING—FEBRUARY 25, 2009
Seneca County and Cayuga County will be holding a public information meeting on the Cayuga Indian Nation’s Land into Trust application.

Representatives of the Counties will discuss the status of the application to the Bureau of Indian Affairs (BIA) and the next steps in the application process. Under the federal environment review process, the BIA will release the Draft Environmental Impact Statement (DEIS) for public review and comment. At the meeting we will discuss the Scoping Report issued by the BIA and the impacts that will likely be evaluated in the DEIS and those issues that will not be evaluated. The public will hear how it can most effectively respond to the DEIS during the comment period to assure that the full impacts of the application are identified and evaluated.

For background, we urge you to review the Scoping Report found in this website. The report was prepared for the Bureau of Indian Affairs and is guiding the preparation of the DEIS.

The meeting will also provide an opportunity for the public to comment on the application and the likely community impacts of placing the lands into trust. These comments will be recorded for the public record.

The meeting will be held at 7 pm on Wednesday, February 25 in Student Lounge (Main Building), Franklin Street on the campus of Cayuga Community College in Auburn.
Current Public InformationPublic Meeting--February 25
Posted by: bluezone

Re: Tribal News - 02/26/09 09:25 AM

Originally Posted By: bluezone
...The state is seeking damages for the loss of tax revenues caused by the alleged conspiracy and the sale of low-tax cigarettes in high-tax zones, court records show.



Paterson......?????
Posted by: bluezone

Re: Tribal News - 03/12/09 03:51 PM

Did he print the coupons yet?
Posted by: Rich_Tallcot

Re: Tribal News - 03/12/09 10:37 PM

Originally Posted By: bluezone
Did he print the coupons yet?
I heard Monday that the coupons HAVE been printed. But Patterson IS still TRYING to make agreements.
Posted by: justaxme

Re: Tribal News - 03/13/09 02:04 PM

Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Did he print the coupons yet?
I heard Monday that the coupons HAVE been printed. But Patterson IS still TRYING to make agreements.


Agreement? Why? Pay taxes on cigs like everyone else except for indians. What's to agree on? Me thinks David will be a ONE AND DONE Gov.!!!
Posted by: Code Red

Re: Tribal News - 03/13/09 10:02 PM

Why one and done? Why not get us a new Gov. I say lead him to the curb and push him off. A lot of damage can be done in a short amount of time.
Posted by: bluezone

Re: Tribal News - 03/15/09 02:26 PM

Originally Posted By: Rich_Tallcot
Originally Posted By: bluezone
Did he print the coupons yet?
I heard Monday that the coupons HAVE been printed. But Patterson IS still TRYING to make agreements.



What is there to agree upon?
Hand out the coupons and move forward.
Posted by: SilverFox

Re: Tribal News - 03/16/09 07:26 PM

If there isn't tight control over how those coupons are handed out, everyone and their brother will suddenly be tribe members.
Posted by: bluezone

Re: Tribal News - 03/17/09 04:38 PM

Judge: NYC suit against Mastic smoke shops can proceedBY ROBERT E. KESSLER | robert.kessler@newsday.com
March 17, 2009
A federal judge ruled yesterday that New York City can continue a lawsuit seeking nearly $200 million in back cigarette taxes from eight smoke shops on the Poospatuck Indian Reservation in Mastic.

The city claims that by selling huge quantities of untaxed cigarettes in the five boroughs, the smoke shops are a major source of cheap, bootlegged cigarettes.

In her ruling rejecting arguments by the smoke shops, U.S. District Judge Carol Amon in Brooklyn said the shops are not sovereign Indian entities and might be compelled to follow state and city law on the sale of cigarettes. She further said the shops could be sued under federal law because the reservation is not recognized as Indian land.

But Amon's ruling also said that however the overall issue of tribal sovereignty might be decided in the courts, the smoke shops are not integral parts of the tribe. The profits from the smoke shops do not go to the tribe itself, but to the shops' owners, Amon said.



The city sued the eight smoke shops in 2008, claiming that the untaxed cigarettes sold by them deprived the city of $195 million in taxes and the state of $525 million. Indian residents of reservations are permitted to purchase untaxed cigarettes for their own use. In its suit the city said that the eight shops had sold almost 24 million cartons of untaxed cigarettes since 2004, or 19,200 each day for the 300 residents of the 55-acre reservation.

"The $195 million in uncollected cigarette tax revenue we are suing to collect could be used to modernize a public hospital, or hire nearly 3,000 new police officers, firefighters or teachers," Mayor Michael Bloomberg said yesterday. "As we all pull together to do more with less, it's just grossly unfair to hardworking taxpayers to allow any company to shirk their responsibilities."

Leo Barnes, lead defense attorney for the smoke shops and who represents the Smoke and Rolls shop, said yesterday he had not read the suit and could not comment. Dan Nobel, attorney for another shop being sued, the Peace Pipe, also said he could not comment because he had not read the decision.

But Harry Wallace, chief of the Unkechaug Indians who live on the reservation, yesterday called the decision "the first in a long litigious history. Ultimately, our legitimate business entities will prevail."

The next hearing in the city's suit is scheduled for May.
Posted by: bluezone

Re: Tribal News - 03/24/09 06:45 PM

Paterson why lay-off state workers when you can collect the cigarette taxes from the tribes?
Posted by: bluezone

Re: Tribal News - 03/25/09 03:44 PM

Uncollected Tax Dollars

January 15, 2008
We thought you would be interested in the following letter that has been sent to the members of the Legislature by Mr. Arthur H. Katz, Executive Director of the NYS Wholesale Marketers and Distributors.

January 10, 2008

Dear Legislative Member:

SHAME

Why do we continue to permit annual sales of 400 million packs of untaxed cigarettes to Indian sellers when it is known that illicit reselling is funding terrorism?

In America, our greatest triumph is adherence to the rule of law. Where laws end, terrorism begins. In 1994, the United States Supreme Court ruled (in Attea v. New York State) that New York was within its right to tax all cigarette sales to non-tribal members. Yet in the twelve years since that ruling the Pataki administration did not attempt to apply the law to a single Native American sale. Therefore, lacking accountability, these untaxed sales have reached an astounding 40 million cartons annually with lost revenue to New York State of $20 million per week or one billion dollars per year.



*It should be noted, since our first letter dated August 6, 2007, New York State has lost an additional $440 million in revenue, why?



Shame:Major illegal profits from these sales are funding terrorism while the New York State treasury is robbed!

The connection between Native American untaxed cigarette distribution and the funding of terrorism is well established and documented by New York and Federal agencies, public officials and numerous criminal court cases. Among some recent examples:

New York City 11/03/2007, Rep. Anthony Weiner and state senator Jeff Klein, in calling for a congressional investigation and putting additional teeth in existing federal laws , issued a press release that documented several recent government cases which uncovered the funding of Hamas, Hezbollah and other terrorist groups. They also quoted public officials who have stated that illegal cigarette profits have become one of the leading sources of domestic terrorist funding. ATF agent Patrick Awe, who testified before the US Senate, stated "... the link to terrorism has been established".



v Cattaraugus Indian Reservation 09/20/2006, Karim H. Nassar from Canada pleads guilty to smuggling $500,000 of cigarettes off the reservation for general market consumption and sending profits to Hezbollah guerillas.



v Dearborn, 05/29/05, nineteen men are federally indicted for a smuggling operation that evaded "tens of millions in state cigarette taxes" by purchasing truck loads of untaxed product from a Western New York State Indian Reservation and reselling in New York and Michigan. The profits were funneled to Hezbollah.



v The New York State Tax Enforcement Group arrested a couple in Brooklyn who were part of a group of 200 terrorists smuggling and reselling into New York City.



v Police commissioner, Ray Kelly in a speech before the United Nations, states that the smuggling of cigarettes is the leading means of funding forterrorist organizations.



v New York Post 10/16/07 State Senator Martin Golden who sits on the Homeland Security Committee, states that "ATF has opened hundreds of illicit cigarette trafficking cases; ... [having] links to extremist groups such as al Qaeda ... He adds that ATF senior intelligence analyst William Billingslea wrote in the Police Chief Magazine that, "Because of the immense profit, illicit cigarette trafficking now rivals drugs as the method of choice to fill the bank accounts of terrorist groups." Golden goes on to say, "The solution is simple. Both federal and state laws are already in place, and the courts have reaffirmed their constitutionality. What we need now is a governor with the guts to enforce them. The result of not enforcing the law has transcended the issue of Native American sovereignty into an issue of national security."

Shame: Why has leadership not acted to enforce the law and protect public safety?

v Newsday 11/06/2007, "Trial of smoke-shop millionaire set to begin". In a criminal case heard before the Eastern District Court, RodneyMorrison a Costa Rican, who is an "Indian" through marriage, has offered to put up $56 million cash for bail. This criminal case involves massive amounts of cigarettes that were sold tax free to and from an Indian reservation.It certainly should not surprise anyone that the purchase of tens of thousands of cartons of cigarettes from just one of these Indian stores is not for personal consumption. The Distributor who supplies the "store" should know that those cartons cannot be consumed legally without taxation. The manufacturers who supply the distributors receive a mandatory report each week that states how many cartons go towhom, and yet continue to allocate and sell this product. These outlets are the major source of counterfeit and untaxed cigarettes sold in high taxed localities (NY) to complicit stores and street merchants.

Shame: Manufacturers who are allocating and their distributors who are selling should have knowledge of the laws requirements.

On April 12, 2005 legislation was passed that required the collection of taxes on all Indian sales of cigarettes, motor fuel and other products to non-Indian New Yorkers starting 3/1/06 (without exception) and was signed into law the next day. It was with both courage and conviction that Sheldon Silver and Joseph Bruno led the legislature to overturn Pataki's ill-advised veto, demonstrating their understanding of the urgency for stopping this outflow. The methodology of tax stamping of all cigarettes and the issuance of "exemption coupons" to tribal members was conceived 12 years ago and favorably ruled upon by the US Supreme Court.





Shame: NYS State government still continues to invent ingeniousexcuses for non-enforcement.



During his final year in office, Attorney General Eliot Spitzer, in various correspondences, made it crystal clear that current law prohibited the shipping of untaxed cigarettes within New York. And further, that manufacturers, truckers, distributors and Indian traders who aided and abetted or criminally facilitated these shipments would be guilty of crimes against the State. Recently, Attorney General Cuomo, under an order from the Federal Eastern District Court, testified that the state's policy of forbearance (i.e. non-enforcement) was not a valid defense for the causing to be sold or the causing to be shipped of untaxed cigarettes for resale to non-tribal members. In another criminal case heard before the Eastern District Court; Judge Hurley ruled that there was knowledge of the illegal use and therefore criminal aiding and abetting.



Shame: As yet, there is no State enforcement and criminals and terrorists continue to grow rich.



The Math:

From 1996 - 2006 there was a recorded twenty percent reduction in the national

cigarettes sales (excluding New York State).

In 1996 New York State Taxes were paid on 127 Million Cartons Sold.

In 2006 New York True Consumption should have fallen to 102 Million Cartons

Actual 2006 New York State Legal cartons sold amounted to only 62 million!

That equals a loss of 40 million cartons sold in 2006!!





Shame:

A $Billion give away of our taxes!



It is patently absurd to argue that Native American sovereignty can only be preserved by allowing them unregulated access to FORTY MILLION cartons of untaxed cigarettes annually. This would amount to a staggering EIGHT BILLION cigarettes smoked per year by 2,500 adult Native American smokers in New York.



Shame: Let us not fall asleep at the switch again! Solution: Tax Stamp all cigarettes!

Summary of some Applicable Laws that may be violated are:

The Jenkins Act; The Contraband Cigarette Trafficking Act 18 U.S.C.Sec.2342; New York Public Health Law1399II; NYS Tax Law, Article 20, Sec. 471E; Criminal Facilitation, Article 115 NYS Penal Law; provisions under The National Security Act.

Why have we suffered 12 years of non compliance and the feeding of terrorists? Why have the cigarette manufactures continued to allocate millions of cartons of cigarettes to Indian sellers knowing exactly what is being shipped to each Indian store? Why has Albany not exercised its duty to protect its citizens by simply upholding the law? Why have these complicit venders been permitted to become the leading source of untaxed cigarettes sold in the 50 states? It certainly cannot be up to Native Americans, manufactures, or recalcitrant Public Officials to dictate the terms of our safety. Our Supreme Court has already spoken. Now our elected officials must act by recognizing that where law dies, terrorism lives.

Shame: The failure of Government and manufacturers to act in these past twelve years is a classic case of politics and greed vs. country!

Sincerely,

Arthur H. Katz

Executive Director
Posted by: bluezone

Re: Tribal News - 03/30/09 12:41 PM

That money could go to help veterans, police, fire personnel...
Posted by: grinch

Re: Tribal News - 03/31/09 04:54 AM

http://www.publicintegrity.org/articles/entry/1232/

Very interesting reading concerning cigarettes, smuggling, law enforcement etc.
Posted by: bluezone

Re: Tribal News - 03/31/09 06:42 AM

This should be one of the major reasons that NY state should enforce the laws upon the tribes. This should also be a major reason that trust land needs not to be granted. Do you see all the drastic problems that Mexico is having? Do you want that type of violence and lawless actions to occur in this area everyday?
Posted by: trump

Re: Tribal News - 03/31/09 09:44 AM

Originally Posted By: grinch
http://www.publicintegrity.org/articles/entry/1232/

Very interesting reading concerning cigarettes, smuggling, law enforcement etc.


Very interesting indeed:

The thefts are the result of a new brand of tobacco smuggling that has flooded the Canadian market with contraband cigarettes and cigarillos made by clandestine manufacturers in Canada and the United States. Over the last six years, as Ottawa and provincial governments began hiking tobacco taxes to curb smoking and raise funds, the smuggling business has grown “exponentially,” according to the country’s national police force, the Royal Canadian Mounted Police (RCMP). At a time when a crumbling economy has forced governments into deficit financing, Canadian smugglers — dominated by members of Indian tribes and in some cases their mob partners — are pocketing hundreds of millions in profits. The cheap cigarettes not only fuel the spread of smoking, which costs Canadians more than C$4 billion annually in health care, but also rob governments of money that otherwise would go into official coffers to pay for healthcare and other services. The federal, Quebec and Ontario governments alone claim the proliferation of untaxed cigarettes is costing them at least C$1.6 billion a year.

So vast are the profits, and so poorly are the laws enforced, that the contraband tobacco industry has attracted an unholy alliance of Canadian Indians — who say they have the right to sell untaxed cigarettes — and members of various organized crime gangs, according to law enforcement officials and the smugglers themselves. At the center of the trade are about 20 Indian-owned manufacturers that produce millions of untaxed and unregulated cigarettes a day out of small and medium-sized factories at Indian reserves in Ontario, Quebec, and across the border in New York State. An investigation by the International Consortium of Investigative Journalists has found that outlaw bikers, Italian, Irish, Russian, and Asian mobs are also now involved in the manufacturing, distribution, and retailing of the illicit tobacco products. According to Indian smugglers and police, in some cases the capital to buy the equipment and set up operations was fronted by organized crime.
Posted by: bluezone

Re: Tribal News - 03/31/09 01:34 PM

Canada and the USA to join together to stop this drag on society.
Posted by: bluezone

Re: Tribal News - 04/09/09 05:41 PM

Where will the hundreds of people go when Goulds closes from the indians buying all the land and removing it from the tax rolls?
Posted by: Rich_Tallcot

Re: Tribal News - 06/14/09 03:29 PM

Typical scenario - tribe make rules up as it goes along or does not make them readily known. Those that play are often in debt to start with. Knowledge of how or where to appeal is not advertized. If you could appeal, it would likely be in a tribal court.

In tribal court the tribe makes rules up as it goes along or does not make them readily known. Judges are usually appointed by the tribal government against whom the grievance is usually filed.

http://www.standard-freeholder.com/ArticleDisplay.aspx?e=1611531

Woman wants her winnings
BINGO
By DAVID NESSETH June 13, 2009

A local woman's $12,000 bingo win turned ugly after she was informed of a rule that meant she couldn't claim the prize.
Instead of leaving with the $12,000, 61-year-old Betty Gratton of Cornwall left the Mohawk Bingo Palace in Akwesasne, N. Y. owing police nearly $500 for disorderly conduct and obstruction tickets. She lost her temper, she said, when bingo officials gave her the bad news.

"When I came out of the bathroom, I heard my name being paged," Gratton said. "But because I was away from the machine, they said I couldn't win."

The navy veteran says she's still furious about the May 29 incident and wants the bingo palace to be clearer with its rules. Her friend had been watching her bingo screen for her and called out "BINGO!" when Gratton won, but it wasn't good enough.
It also wasn't good enough a week earlier when another woman lost out on more than $1,000 in similar circumstances, say local bingo enthusiasts.

The St. Regis Mohawk Tribal Gaming Commission, which regulates the Mohawk Bingo Palace under the National Indian Gaming Commission, says it is investigating the overturned wins. The commission has not received any formal complaints, but has been made aware of the incidents.

"It is an open investigation for the commission," said Todd Papineau, executive director of the St. Regis Mohawk Tribal Gaming Commission. "Complaints would warrant further investigation."

Gratton said she was unclear about where to file a complaint.
Papineau added that part of the investigation would be to determine whether there is proper signage to indicate that bingo players need to call their own "BINGO!" , and whether the policy itself is fair.

Had she been playing in Cornwall, as she often does, the manager of Cornwall Bingo Centre says Gratton would be $12,000 richer.
"In my hall, you could have been outside smoking a cigarette," said Kim Ladouceur. "If it's a good bingo we have to pay. Over there, it's different rules."

Ladouceur, who has seen a spike in business since the border closure in Akwesasne, says she has to post her rules clearly in the program and on the front wall of her Cornwall bingo hall.
Witnesses to Gratton's botched win say she was given a few minutes to claim her prize. The bingo players use portable play machines about the size of a hardcover dictionary. It's unclear how far, or for how long, players can stray from an ongoing game.

The pot was eventually split four ways in another bingo game, said Penny Abrams, a player who eventually won part of the $12,000.

"I've never seen their rules say you have to be at your seat. I've read them," Abrams said.

Abrams noted that full-card bingo games can sometimes get a bit tedious and it's helpful to have someone play for you.
"She paid for the machine and she has a receipt," Abrams added. "It's not money that could change your life, but it's money that could help."

Abrams noted that if she was "cheated" out of money, she would have been as upset as Gratton.

According to the New York State Racing and Wagering Board, class II Indian bingo is regulated by the Tribe in conjunction with the National Indian Gaming Commission, "although tribes, under certain circumstances, may self-regulate these activities."

Gratton, who admits she bit a police officer in the scuffle that ensued, says she needed the $12,000 to pay off some of her debts.
Posted by: Rich_Tallcot

Re: Tribal News - 06/14/09 04:12 PM

Just a smidgen of what to look forward to by not opposing the trust applications. Tribes sue municipalities quite often merely because the municipalities do not agree.

Then there was the recent lawsuit by a tribal employee against the VVS High School for making it's views known against the Oneida trust settlement proposal. The court barred the high school from doing so in the future. Technically, I guess the school should not have sent out mailers as opposed to merely passing a resolution. They did much more than merely notify the media. They educated the public at large without media censorship.

The Oneida tribe strives toward censorship. They are not concerned about the potential lake pollution that the town is trying to prevent as they are about harrassing anyone who has opposed their dictatorship.

http://www.madisoncountycourier.com/madi...wn-of-sullivan/
Attorneys for Oneida Nation Threaten Suit against Town of Sullivan

Posted By editor3 On June 11, 2009
By Martha E. Conway

The Oneida Indian Nation is threatening suit in connection with the $14 million Bridgeport Sewer District Project. According to Supervisor John M. Becker (R,C,I - Sullivan), the town received notice late last month from Nation attorneys that if the Sullivan Town Council did not rescind its negative declaration on the State Environmental Quality Review filed with the state Department of Environmental Conservation by May 27, an action would be commenced.

That action would challenge the town's SEQR compliance, "...a lawsuit that must be filed immediately given the approaching end of the applicable statute of limitations period,” wrote Michael G. Rossetti of Akin, Gump, Strauss, Hauer & Feld, L.L.P., in a letter obtained by the Madison County Courier earlier this week.

In his letter, dated May 22, 2009, Rossetti asserts that the town's negative declaration was made without performing any archaeological cultural resource surveys.

"The Town similarly did not consult with or otherwise seek the input of the Nation," Rossetti wrote. "In these circumstances, the Town could not have adequately analyzed the potential for 'the impairment of the character or quality of important _ archeological _ resources.' As such, the Town's determination in its Negative Declaration that the proposed action 'will not have a significant environmental impact' is not correct, and certainly is not supported by the required study and analysis, and the Town must rescind the Negative Declaration. Moreover, since the Town was obviously not aware of the potential presence of cultural resources, the information that we are now providing constitutes 'new' information. Under [the SEQR Act] 'a lead agency must rescind a negative declaration when substantive _ new information is discovered.'"

Becker said the Town Council decided at an emergency meeting May 27 that the town stands by its negative declaration.

"All of the land involved has been previously disturbed,” Becker said, explaining that a road and water mains have been built through the project's target area. “They can go ahead and sue us. We are not going to rescind the SEQR. They had 30 days to reply."

Becker said this action could mean the loss of as much as $7 million in aid for the project, which he said he will now seek from other sources.

During the course of meetings held over the past several years regarding the project, engineers for Barton & Loguidice, PC, have stated that the project is being designed to have as little impact on the affected area as possible. Directional drilling will be used wherever possible to avoid excavating.

In a May 11, 2009, letter obtained by the Madison County Courier, the state Office of Parks, Recreation and Historic Preservation (SHPO) issued a "No-Effect" letter to B&L engineer Alexander S. Bauer. In the letter, Historic Preservation Specialist Daniel A. Bagrow of the Archaeology Unit of SHPO began by saying his "_comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project." Other impacts, Bagrow wrote, fell under the jurisdiction of other agencies.

"Based upon this review, it is SHPO's opinion that your project will have No Effect upon cultural resources in or eligible for inclusion in the National Registers of Historic Places. This determination of No Effect is for the entirety of the proposed undertaking."

Fifteen days later, Nancy Herter, Ph.D., of SHPO sent a notice to David A. Miller of Rural Development, Becker, B&L, Jessie Bergevin of the Onondaga Nation [sic], Jeffrey Lanigan of the Environmental Facilities Corp. and Ian Shavitz of Akin-Gump that the agency was withdrawing its No-Effect letters of March 30 and May 11.

In her letter, Herter wrote the agency had received additional information "_regarding the Native American archaeological sensitivity of the Bridgeport Sewer District project_" from the Oneida Indian Nation May 20, 2009. She wrote that, according to the Nation, "_the location, topography and physical characteristics of the project area suggest that Nation members could have settled there, and accordingly that cultural resources could be present. Moreover, the New York State Museum Bulletin identifies the presence of cultural resources in the vicinity of the project area. Indeed it is possible that human remains and funerary objects could be present as well; but this cannot be known without proper investigation."

"Based on the above information, the SHPO believes that it would be appropriate for our agency to reinitiate the Section 106 consultation process for this undertaking," Herter wrote. "This will allow the SHPO to fully consider the archaeological knowledge and concerns of the Nation when providing your agency with recommendations regarding the effects this undertaking may have on cultural/archaeological resources within the area of potential affect."

In a letter to Rossetti dated May 29, 2009, and copied to Becker and B&L, Town Attorney Donald P. Colella wrote that he believed Rossetti mischaracterized the Negative Declaration.

"It states: 'A letter has been sent to the NYS Office of Parks, Recreation and Historic Preservation (NYSOPRHR) to ascertain if there are any potential areas of archeological concern with the project area,'" Colella wrote. "'The Town of Sullivan will perform the required archeological cultural resources surveys as recommended. The negative declaration not withstanding, the Town of Sullivan will modify the project plans, if necessary, to ensure that the project will have no significant impact on cultural resources identified within the project area, as the NYS OPRHP may require.'"

According to Colella's letter, it was necessary for the Town to address SEQRA as it did for a number of reasons.

"Because this is a sewer project and the sewer mains will be located in the road right-of-way, which contains previously constructed highway improvements, utilities and in some instances water lines, it is reasonable to anticipate that due to a 'prior disturbance' cultural artifacts will not be uncovered."

Colella said project design is such that the project will have no negative impact on cultural resources identified.

Colella said the town is prepared to perform any required archaeological cultural surveys as recommended when called for.

"Despite an ongoing line of communication with NYS OPRHP, a survey has not been recommended to date, and more importantly, no sensitive areas or areas of concern have been identified," Colella wrote.

He said a number of archeological studies have been undertaken north and south of Route 31 and the Town is familiar with those results.

"No previously identified area containing cultural resources is within the project area," Colella wrote. "Therefore, there is ample evidence to substantiate that the Town, as SEQRA lead agency, did take into account in its determination the potential presence of cultural resources."

Colella wrote that Rossetti's letter did not contain new information to substantiate rescinding the Town's Negative Declaration.

"Your letter is devoid of any information regarding important archeological resources," Colella wrote. "A self-serving declaration of maybe, possibly, could _ 'encounter, impact or destroy resources of cultural and/or religious significance to the nation' does not constitute new information, or fill this void."

"Your threat to a lawsuit is unwarranted and unprofessional in the circumstances outlined herein, as are your client's alleged fears of impact on cultural resources," Colella wrote. "All information supplied to the Town in this regard will be carefully reviewed to ensure, as stated in the Negative Declaration '_ Town of Sullivan will modify the project plans, if necessary, to ensure that the project will have no significant impact on cultural resources identified within the project area, as the NYS OPRHP may require.' You and your client are or should be aware, due to the supposed emphasis placed by the nation upon environmental matters, and being so in tune with nature and the environment, that this project will provide badly needed sanitary sewers to the only densely populated area of Oneida Lake that is currently without them, and therefore, is a project of immeasurable importance to assuring the quality of this most important natural resource - Oneida Lake. We would sincerely hope that the nation would not jeopardize critical funding that would make this a reality - an unfortunate and direct result of your feigned concern for nonexistent cultural resources, but an all to apparent obstructionist tactic."

"Please advise me as to whether or not the Oneida Nation wishes to submit information regarding important archeological resources beyond that of which the Town is aware, or do you simply intend to litigate an issue which requires none."

Becker said the Town will move forward with the project in spite of the hurdle.

"I am really disappointed to think that a people as environmentally conscious as the Oneidas would throw up political road blocks to a project that would help protect Oneida Lake," Becker said, adding that it is the town's policy not to comment on pending litigation, but they are awaiting further word in the matter.
Posted by: bluezone

Re: Tribal News - 06/15/09 06:16 AM

The Oneidas a backing away from an agreement? Say it is not so?
Posted by: Santa_Cruzer

Re: Tribal News - 06/15/09 08:37 AM

Originally Posted By: bluezone
The Oneidas a backing away from an agreement? Say it is not so?






Trusting euro-settlers who occupy North America ain't easy.
Posted by: Rich_Tallcot

Re: Tribal News - 06/15/09 02:30 PM

Pennsylvanians who bought cigarettes online hit with liens for unpaid taxes
By Craig Smith
Pittsburg TRIBUNE-REVIEW
Monday, June 15, 2009


Gladys Kramer couldn't believe the price of a carton of cigarettes advertised by an Indian reservation in New York.

"I'd have to have my head examined not to buy from them," said Kramer, 82, of Butler Township.

A smoker since her teenage years, she jumped at the chance to buy cigarettes for $14.95 a carton, ordering 133 cartons between May 2006 and December 2008. A carton in Pennsylvania today sells for about $53.

Kramer was shocked last month to receive a notice from the Butler County Prothonotary's Office saying the state entered a lien against her home of 20 years, to recover $4,583 in unpaid state cigarette taxes, fees and interest.

"This is getting me crazy," said Kramer, who acknowledged her Brooklyn, N.Y., upbringing is fueling her desire to fight the action. She is looking for a lawyer to take her case.

"I'd fight for a nickel. I don't give up easily," she said.

The state began notifying thousands of Pennsylvanians in 2007 that they owe $1.35 in state taxes on each pack of cigarettes they bought from Indian reservations or online through other outlets. After initially trying to coax smokers into compliance, the state ramped up the effort last year and began filing liens against their properties.

"We understand that a lot of folks are just unaware ... but it's our duty to collect money owed the commonwealth. We can't turn away," said Elizabeth Brassell, spokeswomen for the Pennsylvania Department of Revenue.

Since April 2007, the Revenue Department has sent letters to more than 2,300 Allegheny County buyers of out-of-state cigarettes and 735 in Westmoreland County. Kramer is among 460 people living in Butler County who got letters.

The letters explain the cigarette tax law and buyers' liabilities, and offer penalty abatement to those who promptly resolve their liabilities.

Pennsylvania filed 1,100 liens against smokers such as Kramer who bought more than $7.2 million worth of cigarettes since January 2008, Brassell said. The state has recovered $22.5 million since 2007.

Pennsylvania ranks 21st among states with its $1.35 per pack tax. Rhode Island leads the nation, charging $3.46 per pack in taxes, according to the Campaign for Tobacco-free Kids. As part of his 2009-10 budget plan, Gov. Ed Rendell proposed raising the tax on cigarettes by 10 cents per pack and levying taxes on cigars and smokeless tobacco. Together, that would generate an estimated $99 million, Rendell spokesman Chuck Ardo said.

Kramer said she gave up her habit last week because she no longer could afford it. She said she didn't know she owed the state tax because she paid the federal levy.

Pennsylvania's tax "is a tax on a tax," she said. Yet New York, where she grew up, places a $2.75 tax on each pack of cigarettes.

The two outlets where Kramer bought her cigarettes offered differing views on the Pennsylvania tax.

SmartSmoker said on its Web site that as part of the Seneca Nation of Indians and the Iroquois Confederacy, it is not required to collect state sales tax but is required under federal law to report all sales and shipments of cigarettes to each state's tax administrator.

Big Joe's Smokeshop said the law, the Jenkins Act of 1949, does not apply to Seneca Indian retailers because it violates 100-year-old treaties between the United States and the Seneca People.

Cigarettes sold legally in Pennsylvania are marked with a Pennsylvania Cigarette Tax stamp. Possession of more than one carton of unmarked cigarettes can result in a $300 fine and imprisonment. Willful evasion of the state's cigarette tax can lead to five years in prison and $15,000 in fines.
Posted by: bluezone

Re: Tribal News - 06/16/09 12:52 PM

Originally Posted By: Rich_Tallcot
Possession of more than one carton of unmarked cigarettes can result in a $300 fine and imprisonment. Willful evasion of the state's cigarette tax can lead to five years in prison and $15,000 in fines.


Did you read that BJR?
Jail time.........
Posted by: bluezone

Re: Tribal News - 06/18/09 09:01 AM

Turn off the mic?
Posted by: Greymane

Re: Tribal News - 06/18/09 10:26 AM

Originally Posted By: Rich_Tallcot
Gratton, who admits she bit a police officer in the scuffle that ensued, says she needed the $12,000 to pay off some of her debts.


You have to ask, if she is so far in debt, what the heck is she doing gambling?
Posted by: Greymane

Re: Tribal News - 06/18/09 10:31 AM

Originally Posted By: Rich_Tallcot
Gratton, who admits she bit a police officer in the scuffle that ensued, says she needed the $12,000 to pay off some of her debts.


You have to ask, if she is so far in debt, what the heck is she doing gambling?
Posted by: pixie

Re: Tribal News - 06/19/09 08:47 AM

think its the other way around gambles so broke.
Posted by: bluezone

Re: Tribal News - 06/19/09 10:25 AM

If only the state government enforced the laws 20+ years and collected the taxes we would not be having to deal with trust issue. The tribe says that trust will not cause any problems but refuse to see that over a BILLION dollars per year not paid to NY is costing everyone.
Posted by: SilverFox

Re: Tribal News - 06/19/09 11:41 AM

Oh, I think they see it. They are laughing privately all the way to the bank because they are getting away with it.
Posted by: bluezone

Re: Tribal News - 06/19/09 04:15 PM

Was the land worth over a billion dollars over 200 years ago?
Posted by: SilverFox

Re: Tribal News - 06/19/09 07:42 PM

Gee, let me think about that. Would you believe - NO.
Posted by: bluezone

Re: Tribal News - 06/22/09 01:23 AM

Sounds like the taxpayers are owed a refund by the NY tribes.
Posted by: bluezone

Re: Tribal News - 06/22/09 08:58 AM

BJR - if NY has not broken a treaty with you why would the state Cayuga reservation still exist?
Posted by: bluezone

Re: Tribal News - 06/23/09 01:59 PM

Originally Posted By: SilverFox
Gee, let me think about that. Would you believe - NO.


How much can we get back from the tribes?
Posted by: SilverFox

Re: Tribal News - 06/23/09 05:17 PM

I believe that would be nada, zip, not a red cent.
Posted by: bluezone

Re: Tribal News - 06/24/09 03:59 AM

A one sided issue.
Posted by: bluezone

Re: Tribal News - 06/27/09 11:22 AM

Originally Posted By: bluezone
BJR - if NY has not broken a treaty with you why would the state Cayuga reservation still exist?


The Oneidas claim that they do not qualify under IRA so why should the Cayugas?
Posted by: bluezone

Re: Tribal News - 07/01/09 07:10 AM

Originally Posted By: SilverFox
I believe that would be nada, zip, not a red cent.



The Counties should raid the stores and address the illegal gas sales.
Posted by: SilverFox

Re: Tribal News - 07/01/09 11:40 AM

I think they are waiting for the Appeals Court to relase the decision on the cigarettes before they proceed. Maybe it will "hatch" this session. The Court has sure sat on the decision long enough for it to hatch.
Posted by: pixie

Re: Tribal News - 07/01/09 01:10 PM

should read this about how halftown rejected several deals to settle.

http://www.law.syr.edu/Pdfs/0Cayuga%20Deal%20Off%20Again.pdf

The on-again, off-again, on-again casino/land claim deal between the Cayuga Indian Nation of New York and the state is apparently off again. Clint Halftown, the nation spokesman, said the Cayugas are backing out of the Nov. 18 proposed settlement because the state has a similar deal with the rival Seneca-Cayuga Tribe of Oklahoma.
Posted by: bluezone

Re: Tribal News - 07/01/09 02:24 PM


The Sherrill decision against the tribes in March of 2005 took the wind out of Halftown sails.


Cayuga Indian Nation deal with state seems off again Spokesman says nation objects to state's proposal with Oklahoma tribe.
Tuesday, January 04, 2005
By Scott Rapp Staff writer

The on-again, off-again, on-again casino/land claim deal between the Cayuga Indian Nation ofNew York and the state is apparently off again. Clint Halftown, the nation spokesman, said the Cayugas are backing out of the Nov. 18 proposed settlement because the state has a similar deal with the rival Seneca-Cayuga Tribe ofOklahoma.Friction exists between the two Indian nations, the co-plaintiffs in the Cayuga Indian land claim to 64,015 acres of ancestral land around the north end of Cayuga Lake. "The Cayuga Nation of New York is anxious to resolve its claim against the state for illegally taking our land two centuries ago, but it is unwilling to do so if out-of-state tribes are given any land as part of the settlement," Halftown said in his news release. In the same announcement, Halftown said the nation would not renew its contract with EmpireResorts Inc. to build and manage the casino at Monticello Raceway in Sullivan County because Empire had failed to win federal approval for the casino. The contract expired Friday. The development surprised many officials close to the deal. Todd Alhart, a spokesman for Gov. George E. Pataki, said the state had yet to hear from Halftown and considers the proposed settlement to still be in the works. It is the second time in five months that the Cayugas have nixed deals to settle their share of the 25-year-old land claim in exchange for a state compact to launch a lucrative Las Vegas-stylecasino in the Catskills. In August, the nation said it was backing out of a similar agreement because the state had amended that deal to include a casino in the Catskills for the Seneca-Cayugas.Halftown also told The Post-Standard recently that the Cayugas were proceeding with the settlement because they did not want to risk losing their appeal of the $247.9 million judgment awarded to both nations in 2001. The Cayugas are seeking $1.7 billion while the state has askedfor a much smaller award from the 2nd U.S. Circuit Court of Appeals. Charles Degliomini, a spokesman for Empire, said Empire remains confident that the Cayugas will complete the land-claim deal and wind up with one of three state-approved casinos in the Catskills.

Halftown did not return three telephone messages. LeRoy Howard, chief of the Seneca-Cayugas, said he does not think Halftown's announcement will affect his nation's pending casino deal. "We signed our deal with the state first so we're not concerned at all about the Cayugas backingout of this. . . . These are separate deals so we don't feel there is going to be any impact," hesaid.The Seneca-Cayugas signed their agreement the week before the Cayugas reached theirsettlement. Both deals require approval from Congress and the state Legislature. Last month, a small group of Cayugas who oppose settling the land claim for a casino sent aletter to Pataki saying the deal was invalid because they said Halftown lacked the authority to sign the agreement. Even though the federal Bureau of Indian Affairs still recognizes Halftown as the nation's representative, they said he had been removed from the nation's governing council last July because he was in poor health.



Court sides with Sherrill
Supreme Court justices rule 8-1
Oneida Nation must pay tax to city
Wed, Mar 30, 2005

R. PATRICK CORBETT Observer-Dispatch

The Oneida Indian Nation must pay taxes on its property in the city of Sherrill and potentially on all land it has bought outside of its 32-acre reservation in Madison County, the U.S. Supreme Court ruled Tuesday. In an 8-1 decision, the court ruled that the New York Oneidas cannot disrupt two centuries of local development by refusing to pay local taxes on a gas station and T-shirt factory it owns in Sherrill in Oneida County. New York City lawyer Ira Sacks, who pleaded Sherrill's case pro bono, said, "We were very pleased. The Supreme Court agreed with the principal argument that after 200 years ... the Oneida Indian Nation can't pick and choose places to buy and take it out of local jurisdiction." The justices also remarked on the "distinctly non-Indian character of the area and its inhabitants," because most Oneida Indians moved out of the area about 150 years ago. The Oneida Nation claimed that the Sherrill properties could not be taxed by the city because the land once was part of their historic homeland. The Sherrill tax bill would run about $7,000 a year, but the Nation could owe more than $1.7 million a year in county, school and local property taxes on 17,000 acres it owns elsewhere in Oneida and Madison counties, county tax officials said. The Oneida Nation refused to speculate about the implications of the potential tax hit on its businessenterprises Tuesday. In a statement it said, "Certainly the Nation wishes the court had ruled differently, but the Nation will do everything it can to protect the over 4,200 jobs it has created."The bottom line is this: All properties owned by the Oneidas not on the 32 acres is taxable land," said local UCE President David Vickers. "The message is, 'Dear Ray: Pay up,'" referring to Oneida Nation representative Ray Halbritter. Vickers' interpretation of the ruling is that the Nation's federally-recognized sovereignty is a "legal fiction." "Obviously, it's clear the tribes are not sovereign," he said. "If the city of Sherrill can tax properties owned by the Oneida Indian Nation Inc., that means the Oneida Indian Nation Inc. is very much more like a corporation than a true sovereignty."
Posted by: bluezone

Re: Tribal News - 07/01/09 02:27 PM

Originally Posted By: bluezone
The on-again, off-again, on-again casino/land claim deal between the Cayuga Indian Nation ofNew York and the state is apparently off again. Clint Halftown, the nation spokesman, said the Cayugas are backing out of the Nov. 18 proposed settlement because the state has a similar deal with the rival Seneca-Cayuga Tribe of Oklahoma.


Halftown only wants his tribe to have a casino?
The Seneca Cayuga tribes attempts at a casino in NY has vanished.
Posted by: pixie

Re: Tribal News - 07/01/09 02:34 PM

may be its only halftown who wants a casino for himself , in one eastern state investers wanted a casino only way was to have a indian tribe involved . problem no indian tribes they found one old indian lady and got her kids involved . they now get x money paid each year for allowing their indian blood line to be used. this is not a level playing field.
Posted by: pixie

Re: Tribal News - 07/01/09 02:37 PM

another interesting interview with halftown

http://www.law.syr.edu/Pdfs/0Halftown%20Says%20Casino%20Could%20Mean%20Millions.pdf
Posted by: bluezone

Re: Tribal News - 07/01/09 02:49 PM

Halftown says casino could mean millions
Monday, January 03, 2005
By Scott Rapp Staff writer

The Cayuga Indian Nation of New York is pressing forward with its bid to land a Las Vegas-stylecasino in the Catskills, despite opposition from a small group of nation dissidents. That’s the word from Clint Halftown, the nation’s recognized spokesman, who signed the historic casino/land claim settlement with the state in November. The deal requires approval from Congress and the state Legislature. In a recent interview with The Post-Standard, Halftown, 32, said profits from the casino would allow the nation to buy more land and create education programs, child care, elderly care and other government services for its approximately 500 members, most of whom live in the Buffaloarea.

Q. What prompted the nation to make the casino-land claim deal with the state?

A. We see the possibility of Oneida versus Sherrill in the Supreme Court taking on the land claim case that will possibly — if they go against us — we could have nothing . So, we felt that we better get on board and get something before we didn’t get anything at all.

Q. Were you afraid that you would get dealt out of the action?

A. Yes, it could be, it’s a possibility. If the Supreme Court goes against us, we could ultimatelyend up having no land.

Q. It seems like the nation changed its position from five or six months ago when you signed the"memorandum of understanding" with the state. You didn’t seem to be worried about the court ruling against you, or at least not as much. Right?

A. I guess it’s coming out more that there’s a possibility the court could go against us. You know and we’re getting down to it.


Q. So you just didn’t want to take that risk?

A. Right.

Q. What’s the earliest date for opening the casino assuming this deal is approved by Congress and the state Legislature?

A. It will be 18 months from whenever we get the approvals. Probably 2007



------------------------------

Halftown lost the Sherrill case and has nothing. Why no mention of the Cayuga reservation back then?
Posted by: grinch

Re: Tribal News - 07/01/09 03:25 PM

Pixie:

It amazes me how this man is able to play both a sympathy card and a race card trying to get his way. The other night he threw out the statement, it is only "morally right" that they should be given trust status. Hey Halftown, it is only morally right that you abide by the decisions of the Cayuga Nation of Canada who sold the land use rights and left the area. That was affirmed by the Tribunal of Paris in the 1920's Do what is right and drop all soveriegnty claims and along with it your bogus law suits.

Here in this interview he said the following:
Q. Do you ever see the day when the Cayugas will work cooperatively with the Seneca-
Cayugas?
A. No, because the (Cayuga Nation) government stayed here. The government never went to
Oklahoma, and they went as individuals. Then whatever happened, they got recognized (by the
federal government) and then they came back as a recognized (tribe). To us, you’re not a
Seneca-Cayuga. You’re either a Cayuga or a Seneca. You’re not both."

How can that be? The Cayuga Nation Government did not stay here, they went to Canada following the Revolutionary War and have stayed there. The group he represents may be related but it seems to me the mantle of power, soveriegnty as some call it, would stay with the Nation, not with a dissident group claiming accendency to the seat of power because they stayed in New York as individuals. The BIA should never have recognized this group and should not be doing so now. and they should be treated just as he treats the claim of the Seneca Cayuga who went to Oklahoma. The same principles apply to the Cayuga of NY. I believe they were not even recognized by the Federal Government until the mid 1960's. His group falls within his own definition of the Seneca Cayuga, the Cayuga Nation went to Canada, the seat of power did not stay here although he claims it did.

I feel it was unfortunate the Supreme court did not allow our attoneys to explore the claim of this dissident group to be the Cayuga Nation for I do not see SCOTUS agreeing with the BIA they are a "nation".

Schumer at least got that right, as quoted in the paper tonight, "The New York Cayuga Tribe never were soveriegn".



Posted by: SilverFox

Re: Tribal News - 07/01/09 04:10 PM

Well, yippee, score one for Schumer.

The Cayuga Nation didn't stay here and the Treaty of Canandaigua did not create a Federal Reservation.
Posted by: bluezone

Re: Tribal News - 07/02/09 05:24 AM

Originally Posted By: SilverFox
Well, yippee, score one for Schumer.

The Cayuga Nation didn't stay here and the Treaty of Canandaigua did not create a Federal Reservation.


Then Schumer should instruct AG Cuomo to close down the illegal tribe shops and put a total halt to the trust process for the imposter tribe.


Posted by: SilverFox

Re: Tribal News - 07/02/09 12:23 PM

Should've, could've, would've but won't do it.
Posted by: bluezone

Re: Tribal News - 07/05/09 03:32 PM

Originally Posted By: grinch
... You’re either a Cayuga or a Seneca. You’re not both."


You are either a US citizen or your not.
Choose one Halftown.
Posted by: bluezone

Re: Tribal News - 07/05/09 03:46 PM

Looks like North Korea wants to bomb Hawaii. Will the Akaka bill change course or will Akaka want the US to defend Hawaii?
Posted by: SilverFox

Re: Tribal News - 07/05/09 06:34 PM

Last I knew Hawaii was the 50th state of the United States. Looks like we should be responsible to defend it.
Posted by: bluezone

Re: Tribal News - 07/06/09 04:05 PM

Akaka wants the Hawaii people to have it back. Another "sovereign" government..........
Posted by: bluezone

Re: Tribal News - 07/06/09 04:08 PM

Originally Posted By: SilverFox
I think they are waiting for the Appeals Court to relase the decision on the cigarettes before they proceed. Maybe it will "hatch" this session. The Court has sure sat on the decision long enough for it to hatch.


They court must be trying to add up all that the tribe OWES the counties. County to get all the illegally purchased land back, all the tribes illegal assets, all their business operations, felony charges........
Posted by: SilverFox

Re: Tribal News - 07/06/09 05:51 PM

We can only hope and pray that happens.
Posted by: bluezone

Re: Tribal News - 07/07/09 08:06 AM

It would occur with any other illegal operation.
Posted by: SilverFox

Re: Tribal News - 07/07/09 11:19 AM

You are correct. Unfortunately, with our state and federal government, tribes seem to have a free ticket to do whatever they want with the blessings of the BIA.
Posted by: bluezone

Re: Tribal News - 07/07/09 11:47 AM

The State and Federal government should take some lessons from Seneca and Cayuga Counties. Enforce the laws.
Posted by: Rich_Tallcot

Re: Tribal News - 07/07/09 05:11 PM

Originally Posted By: bluezone
Originally Posted By: SilverFox
I think they are waiting for the Appeals Court to relase the decision on the cigarettes before they proceed. Maybe it will "hatch" this session. The Court has sure sat on the decision long enough for it to hatch.


They court must be trying to add up all that the tribe OWES the counties. County to get all the illegally purchased land back, all the tribes illegal assets, all their business operations, felony charges........
If you check the 4th District web site, you will see that they are still passing down rulings. Evidently they were backlogged. July 2nd they accepted two attorney resignations giving up their license to practice and suspended the licenses of five other attorneys to practice. I'd call that a good day. No ruling on the tribe means they still can't sell cigs. But no ruling does not mean they are having trouble making a decision.
Posted by: kyle585

Re: Tribal News - 07/07/09 06:25 PM

Why is the tribe still selling tax-free gas?
Posted by: bluezone

Re: Tribal News - 07/07/09 08:34 PM

They are still looking for that reservation.
We say look north to Canada................
Posted by: Rich_Tallcot

Re: Tribal News - 07/08/09 02:28 PM

Originally Posted By: kyle585
Why is the tribe still selling tax-free gas?
This has been hashed out many times. Any attempts at enforcing the law will end up in court. The cigarette case is the cleanest clearest case to set precedent. All sides have been ordered by the court to stay their positions pending a ruling by the 4th District Appeals Court.
Next decision release date is July 10. http://www.courts.state.ny.us/ad4/
Posted by: bluezone

Re: Tribal News - 07/08/09 03:08 PM

Originally Posted By: Rich_Tallcot
Next decision release date is July 10. http://www.courts.state.ny.us/ad4/


hide your tires.