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#1312728 - 12/20/11 03:09 PM Cayuga's Land into Trust App Dismissed
convince me
Member


Registered: 03/20/01
Posts: 336
Loc: Seneca Falls
From the Auburn Citizen News:

Schumer: Cayugas' land into trust application dismissed by Department of the Interior

The Cayuga Indian Nation's application to take nearly 130 acres of land into trust in Cayuga and Seneca counties has been dismissed by the U.S. Department of the Interior, according to U.S. Sen. Charles Schumer.

"For years, this application to take land into trust has hung like a dark cloud over Cayuga and Seneca counties. Today, with this decision, the skies just got much clearer," Schumer said in a statement. "I fought tooth and nail to have the Interior Department block this application, and am pleased that the federal government has heeded our call. I'll continue to stand side-by-side with homeowners, businesses, and county government leaders to oppose further attempts to take land into trust without the consent of Seneca and Cayuga counties."

In May, Schumer wrote a letter asking Interior Secretary Ken Salazar to reject the Cayugas' land-into-trust application. State legislators, including state Sen. Michael Nozzolio, have also been vocal opponents of the Cayugas' application.

Read more: http://auburnpub.com/news/local/schumer-...l#ixzz1h6hy9Qpg

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#1312747 - 12/20/11 03:39 PM Re: Cayuga's Land into Trust App Dismissed [Re: convince me]
Greymane
Senior Member


Registered: 11/09/06
Posts: 6621
Loc: Central PA
One would hope that this would put a nail in that coffin, but I know better.
_________________________
Against logic there is no armor like ignorance. - Dr. Lawrence J. Peter

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#1312752 - 12/20/11 03:51 PM Re: Cayuga's Land into Trust App Dismissed [Re: Greymane]
grinch
Senior Member


Registered: 08/28/01
Posts: 4518
Loc: New York State
Seems parts of this article were not posted. I applaud Sen Schummer in this effort, but there is still a loophole, they can reapply at any time.

See the complete article below.


Schumer: Cayugas' land into trust application dismissed by Department of the Interior
Story
Discussion


By The Citizen staff report | Posted: Tuesday, December 20, 2011 2:11 pm | (0) Comments



.


The Cayuga Indian Nation's application to take nearly 130 acres of land into trust in Cayuga and Seneca counties has been dismissed by the U.S. Department of the Interior's Bureau of Indian Affairs, according to U.S. Sen. Charles Schumer.

According to a news release from the Department of the Interior, Assistant Secretary of Indian Affairs Larry Echo Hawk dismissed the Cayugas' application to acquire land for gaming purposes. The reason given is the tribe's application was incomplete and "did not address all of the requirements contained in the Department's regulations."

The application has been removed from consideration, but the Cayugas could submit a new application.

"For years, this application to take land into trust has hung like a dark cloud over Cayuga and Seneca counties. Today, with this decision, the skies just got much clearer," Schumer said in a statement. "I fought tooth and nail to have the Interior Department block this application, and am pleased that the federal government has heeded our call. I'll continue to stand side-by-side with homeowners, businesses, and county government leaders to oppose further attempts to take land into trust without the consent of Seneca and Cayuga counties."

In May, Schumer wrote a letter asking Interior Secretary Ken Salazar to reject the Cayugas' land-into-trust application. State legislators, including state Sen. Michael Nozzolio, have also been vocal opponents of the Cayugas' application.


Read more: http://auburnpub.com/news/local/schumer-...l#ixzz1h775b74A


Edited by grinch (12/20/11 03:54 PM)

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#1312756 - 12/20/11 03:55 PM Re: Cayuga's Land into Trust App Dismissed [Re: grinch]
Greymane
Senior Member


Registered: 11/09/06
Posts: 6621
Loc: Central PA
Well, if you just said NO, how would the lawyers and politicians get rich?
_________________________
Against logic there is no armor like ignorance. - Dr. Lawrence J. Peter

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#1312779 - 12/20/11 05:07 PM Re: Cayuga's Land into Trust App Dismissed [Re: Greymane]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
halftown not having a good year.... \:\(
foreclosure next...
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1312787 - 12/20/11 05:18 PM Re: Cayuga's Land into Trust App Dismissed [Re: bluezone]
SportsNut
Member


Registered: 09/02/08
Posts: 174
Loc: FingerLakes
So I would think Seneca County would put up the foreclosed properties for auction next month.
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#1312791 - 12/20/11 05:30 PM Re: Cayuga's Land into Trust App Dismissed [Re: SportsNut]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
halftown is already fighting his foreclosure





The Cayuga Indian Nation has asked a federal court in Rochester to stop Seneca County from foreclosing on five nation properties for unpaid back taxes, a lawyer for the Cayugas said today.

The nation Wednesday night requested a temporary restraining order and preliminary injunction to halt the county’s foreclosure attempt, attorney Daniel French said. A date for arguments had yet to be scheduled.

“This is all litigation folly, a waste of taxpayers’ money,’’ French said.

The Cayugas owe $5,506.70 for unpaid 2008 taxes on the five properties, three of which are in the town of Seneca Falls and two in the town of Varick, county attorney Frank Fisher said.

“The county’s position is that we’re doing a tax foreclosure as we would in any other case like this,’’ Fisher said.

In addition, neighboring Cayuga County has started foreclosing on five nation properties. The nation owes $124,131.08 in back taxes on three properties in the village of Union Springs and two in the town of Springport, county attorney Fred Westphal said.

“The county is upset because these are pieces of property on which taxes are not paid, which means all the other property owners in the county have to pick up the tab,’’ Westphal said.

The Cayugas have until the end of February to make good on that back tax bill, but French said the nation would also seek a court order to block the foreclosure proceeding.

The Cayugas claim they have sovereign nation rights to not have to pay taxes on any of the 1,100-plus acres they own in both counties. The counties disagree and the two sides have clashed over the tax issue in court many times.

Meanwhile, the Cayugas are paying taxes on about 125 acres of former ancestral land in both counties that they have asked the U.S. Department of Interior to put into federal trust. With that designation the tribe would never have to pay taxes on those properties, which include the nation’s LakeSide Trading combination stores and gas stations in Union Springs and Seneca Falls. The federal government has yet to rule on that request.

French said he does not understand why the counties are taking the foreclosure action now since the U.S. Supreme Court is expected to rule this summer on a similar case involving Madison County’s attempt to foreclose on Oneida Indian Nation properties that are in tax arrears.

“This is all rather silly since the Supreme Court is going to decide on this in a couple months,’’ French said.

Both Fisher and Westphal said they’re following their local foreclosure laws.

_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1312802 - 12/20/11 06:17 PM Re: Cayuga's Land into Trust App Dismissed [Re: bluezone]
Here's Johnny
Senior Member


Registered: 11/14/10
Posts: 599
Loc: New York
So we have bought a little time before they reapply and begin to threaten us again. Maybe they will have a "complete" application. Maybe. But for now we get to have a moment, albeit, a temporary moment to think that we are safe. At least it appears that sufficient political pressure had an impact. That is important.

Edited by Here's Johnny (12/20/11 06:19 PM)

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#1312813 - 12/20/11 07:06 PM Re: Cayuga's Land into Trust App Dismissed [Re: Here's Johnny]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3747
Loc: Union Springs, New York
You grasp the picture well.
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#1312817 - 12/20/11 07:35 PM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
Here's Johnny
Senior Member


Registered: 11/14/10
Posts: 599
Loc: New York
Oh yeah.
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#1312820 - 12/20/11 07:39 PM Re: Cayuga's Land into Trust App Dismissed [Re: grinch]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: grinch
According to a news release from the Department of the Interior, Assistant Secretary of Indian Affairs Larry Echo Hawk dismissed the Cayugas' application to acquire land for gaming purposes. The reason given is the tribe's application was incomplete and "did not address all of the requirements contained in the Department's regulations ."


the cayuga tribe does not qualify for IRA
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1312880 - 12/21/11 02:50 AM Re: Cayuga's Land into Trust App Dismissed [Re: bluezone]
teedoff27
Senior Member


Registered: 10/11/11
Posts: 1681
Loc: S2Hphoto
Originally Posted By: bluezone
halftown not having a good year.... \:\(
foreclosure next...


Don't hold your breath

"The application has been removed from consideration, but the Cayugas could submit a new application".

By noon today they will probably have a new application submitted and the claim will be "shelved" for another 6 months. So your supposed "win" will last less than 24 hours.
_________________________
Spiritual people INSPIRE me
Religious people FRIGHTEN me

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#1312914 - 12/21/11 08:14 AM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
Ralph
Member


Registered: 09/30/03
Posts: 201
why can Halftown even respond??? did they not oust him and have an election??
I was under the impression he was no longer the leader...
you know lets drive through the building and all


Edited by Ralph (12/21/11 08:14 AM)

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#1312924 - 12/21/11 08:49 AM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: teedoff27
By noon today they will probably have a new application submitted and the claim will be "shelved" for another 6 months. So your supposed "win" will last less than 24 hours.




unless the stores are raided and closed....


who would apply
halftown or the new leaders?
hum....
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1312926 - 12/21/11 08:50 AM Re: Cayuga's Land into Trust App Dismissed [Re: Ralph]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: Ralph
why can Halftown even respond??? did they not oust him and have an election??
I was under the impression he was no longer the leader...


he always looks out for his people himself
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313052 - 12/21/11 12:47 PM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: teedoff27
Don't hold your breath



does the land 'revert' back to a federal reservation as halftown has 'claimed' prior to the trust application?
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313061 - 12/21/11 12:56 PM Re: Cayuga's Land into Trust App Dismissed [Re: bluezone]
WilllOWisp
Senior Member


Registered: 03/10/05
Posts: 3671
Loc: Seneca County
Thank you, to everyone who has worked so hard for our impoverished county. However, since BHO wants to give back to the Indians, we may not be out of the woods yet.
_________________________
" Rich People Get Body guards, Poor People get Shot! "

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#1313184 - 12/21/11 09:06 PM Re: Cayuga's Land into Trust App Dismissed [Re: WilllOWisp]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3747
Loc: Union Springs, New York
Originally Posted By: WilllOWisp
Thank you, to everyone who has worked so hard for our impoverished county. However, since BHO wants to give back to the Indians, we may not be out of the woods yet.

You win the cigar. Sorry, Johnny - close but no cigar.

Actually NONE of the state or federal legislators had ANYTHING to do with it. It was BHO in his campaign to buy tribal votes that pushed the DOI which wrote new guidelines for itself as CFR's requiring all fee to Trust applications to be decided within SIXTY days or they would automatically be approved.

So, after six years of sitting on the shelf, they actually looked at it. The catch was that the Cayuga did not verify that they could comply with the IGRA regulations concerning their request for a casino in Seneca County.

Once they submit another application with this information, things will move fast under the new guidelines. I expect the DOI to ignore the fact that the Cayuga do not qualify anyway.

Their request was NOT rejected or denied, as many blowhard politicians would have you believe and imply that they actually had something to do with it. The Cayuga DO have to submit another application, but because it was NOT rejected or denied, it is not like they have to start over with the hearings and EIS studies.

Most tribes use what they call a bait and switch where they apply for trust only for housing and a museum. Then, once it is approved by the DOI, and after any court challenges run their course - providing they win, the tribe just puts up a casino. The laws are seldom enforced after the fact.

There are 42 such illegal casinos in California and more throughout the country. But the NIGC will tell you they have only approved two. The catch has been that the NIGC has authority to write regulations, but no enforcement authority. Things are changing, but not necessarily for the better. The majority DID vote for change in the last presidential election, didn't they?

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#1313254 - 12/22/11 10:48 AM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: Rich_Tallcot
I expect the DOI to ignore the fact that the Cayuga do not qualify anyway.


just letting the cayuga tribe apply shows the DOI/BIA ignored that fact
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313315 - 12/22/11 04:33 PM Re: Cayuga's Land into Trust App Dismissed [Re: Here's Johnny]
RJFDdriver
Member


Registered: 01/02/07
Posts: 123
Rich, is the UCE putting pressure on Schumer, Gilibrand and Hanna to make sure that the DOI knows that the Cayuga's don't qualify for trust before they re-apply and the 60 day clock starts ticking? Will they hold anyone at the DOI accountable for violating the law should they grant the Cayuga's trust?

If our reps really were acting in our best interest they would submit legislation to abolish the trust system completely and end this racist Federal policy. Make all Native Americans decide; US CITIZEN OR NOT. If Us citizen, all special privileges, laws, exemptions, etc. are gone and they live by the same and only the same laws as the rest of us.

If they choose not to be US citizens and insist on sovernty then their nations need to be treated as a foreign country just as China, UK, etc are treated.

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