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#212334 - 08/24/05 07:54 AM Re: Seneca-Cayuga land
sworldt
Senior Member


Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

Quote:

Quote:

The Cayuga Brief filed to the second court of appeals on behalf of the State, Counties and land owners stated the Western Band of Cayugas (Seneca Cayuga) did indeed file a claim with the ICC.

On page 84 or so of that brief it states the Western Band of Cayugas did file a complaint (grievance) with the ICC and an award in the amount of $70000 was paid on May 11 1988. They accepted that as final payment of their claim(s) and stated they would relinquish any furthur claims against the State or the US. They list some reference numbers that refer to the claim of the Western Cayugas as follows. 1969 228889. Those disputing that information should check the records of the ICC and verify the validity of that information.


That was only a payment.




was this the ninth, tenth, eleventh... payment for the same land??





you just can't understand annual payments can you? that is if the bia or the comissioners don't steal it first.
_________________________

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#212335 - 08/24/05 09:37 AM Re: Seneca-Cayuga land
Okla.ndn
Senior Member


Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Quote:

Quote:

Quote:

The Cayuga Brief filed to the second court of appeals on behalf of the State, Counties and land owners stated the Western Band of Cayugas (Seneca Cayuga) did indeed file a claim with the ICC.

On page 84 or so of that brief it states the Western Band of Cayugas did file a complaint (grievance) with the ICC and an award in the amount of $70000 was paid on May 11 1988. They accepted that as final payment of their claim(s) and stated they would relinquish any furthur claims against the State or the US. They list some reference numbers that refer to the claim of the Western Cayugas as follows. 1969 228889. Those disputing that information should check the records of the ICC and verify the validity of that information.


That was only a payment.




was this the ninth, tenth, eleventh... payment for the same land??


It doesn't matter what payment it was,it was just a payment. When you rent you keep makeing payments. If the state wants to buy the land they will need fed. approval first.
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#212336 - 08/24/05 09:45 AM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
Quote:

Quote:

Quote:

Quote:

The Cayuga Brief filed to the second court of appeals on behalf of the State, Counties and land owners stated the Western Band of Cayugas (Seneca Cayuga) did indeed file a claim with the ICC.

On page 84 or so of that brief it states the Western Band of Cayugas did file a complaint (grievance) with the ICC and an award in the amount of $70000 was paid on May 11 1988. They accepted that as final payment of their claim(s) and stated they would relinquish any further claims against the State or the US.. They list some reference numbers that refer to the claim of the Western Cayugas as follows. 1969 228889. Those disputing that information should check the records of the ICC and verify the validity of that information.


That was only a payment.




was this the ninth, tenth, eleventh... payment for the same land??


It doesn't matter what payment it was,it was just a payment. When you rent you keep makeing payments. If the state wants to buy the land they will need fed. approval first.


_________________________
UNITED WE STAND

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#212337 - 08/24/05 05:51 PM Re: Seneca-Cayuga land
Historian
Member


Registered: 10/20/04
Posts: 33
Loc: WNY
A museum would be nice. Something that would tell the story from the beginning from NY to Oklahoma and back again.
_________________________
*** Lillies that fester smell far worse than weeds ***

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#212338 - 08/24/05 10:49 PM Re: Seneca-Cayuga land
Okla.ndn
Senior Member


Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Quote:

A museum would be nice. Something that would tell the story from the beginning from NY to Oklahoma and back again.


One of the people that has done research on us has it all.
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#212339 - 08/25/05 04:53 AM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
Quote:

It doesn't matter what payment it was,it was just a payment. When you rent you keep makeing payments. If the state wants to buy the land they will need fed. approval first.




If the land was 'rented' then how was the payment schedule arraigned? Was the 'rent' payment due every month, every year?

What was the payment amount?

What are the terms of the 'rental' agreement?

When was this 'rental' agreement signed?

Who are the parties that signed this 'rental' agreement?

Did this 'rental' agreement need federal approval?
_________________________
UNITED WE STAND

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#212340 - 08/30/05 03:59 PM Re: Seneca-Cayuga land
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 1554
Loc: Union Springs, New York
Windwillow. The legend and lore of the tribes Hollywood style is not reality. Below is an article that tells reality:

http://www.hawaiireporter.com/story.aspx?dbd523cf-12d4-41de-93d0-056ca33e58c7

The Realities of Tribal Sovereignty, Indian Gaming and Their Money Making Machine: What They Don't Tell You and What the Public Needs to Know
By Bradley Beecher, 8/29/2005 2:22:44 PM

Hiding beneath the cloak of sovereign immunity federally recognized Indian tribes can ignore virtually any state law, many federal laws and violate the Constitutional rights of non-Indians with seeming impunity.
While I am not a legal expert on tribal sovereignty, based upon my own first-hand experience as a Commander of a State Police unit monitoring tribal gaming on a Connecticut reservation, I do not believe this is the outcome or state of affairs that either Congress or the courts expected or anticipated.
I have analyzed numerous state-tribe gaming compacts that allow tribes in most instances to create and apply their own set of laws. Based upon my experience and research here are some examples of situations permitted to exist at Indian gaming facilities:
· Non-Indian employees of recognized Indian tribes are not protected by either state or federal labor laws. A recent OSHA ruling that threatens this state of affairs is being heavily attacked by tribal hired lobbyists in Congress. Non-Indian employees are subject to arbitrary laws created by the tribe and their tribal courts. Employees and patrons of casinos on federal reservations effectively relinquish their constitutional rights.
· If Indian children, elders or women are abused on a reservation and tribal police and tribal courts do not or refuse to respond, the abuse simply continues. State child protection and sexual assault laws do not apply. Given that the tribal police and tribal courts usually are under the influence of the tribal authority, this happens more than the public realizes. Recently a tribe in Minnesota was found to be protecting child predators.
· Casinos can legally ignore their debts. As a sovereign nation a tribe can purchase goods or contract for services and legally refuse to pay for the purchase or default on the contractor. The aggrieved cannot file a civil suit in state court to recover the money. If they can find an attorney to represent them in a tribal court, they can attempt to recover the debt, but the court is in the employ of the tribal government and serves at its whim. Recently, a gaming tribe in California refused to pay a contractor. This contractor tried to pull off of the project until the debt was settled. The tribe refused the company access to the reservation to recover its heavy equipment. The contractor was out what he was due and also deprived of his means of making a living. Why? The tribe has sovereignty.
· The Indian Casino Industry is not supposed to violate federal regulations and laws but they do every day. It is a commonly known fact that government agencies funded by taxpayer dollars don’t enforce these regulations. The NIGC, BIA and DOI are predominantly understaffed, incompetent, self-serving and disorganized. By 1996, the NIGC reported that 84 percent of the Indian Gaming facilities audited were out of compliance with federal regulations. Many casinos had not been audited yet. Mohegan Sun had its first audit in 2004 after 8 years of operation. The report still has not been completed. The Tribal Gaming Commissions on reservations are supposed to be regulating but they are, like the tribal police and the tribal courts hired and fired by the people in power. It would seem obvious that the casino makes more money if their actions and policies are not restricted.
· American citizens cannot sue tribes or their representatives in most cases. We have to obey all laws. If I go into another state, I must obey that state’s laws. Sovereignty was intended for Indian self-government on Indian land, not to allow them to be above the law off of their reservations. They can use the state courts to bring suit against non-Indian individuals or businesses, but the same individuals or business concerns cannot use the same court to bring such suits against a federally recognized tribe. Yet, these tribes are constantly seeking to expand their jurisdiction over non-Indians. In the past year, tribal interests attempted to add an amendment onto a Homeland Security bill whereby any non-Indian coming on to Indian lands would be subject to tribal law. This would have included casino patrons. Luckily the amendment was deleted.
· Tribes and their investors have enough money and rights to abuse state and federal courts. The average citizen could not afford to stand up to the monetary juggernaut a gaming tribe can bring to bear. If a recognized tribe wants the right to build a casino but lacks the proper land to put one on, they simply bring an "in terrorem" (intended to terrify) land claim suit to take thousands of acres from state or private landowners, on the oftentimes unfounded claim that the tribe once owned the land and was illegally taken from them hundreds of years ago. If they are given the rights to gaming, they drop the lawsuit. Some call that "blackmail." In the meantime, millions of dollars in taxpayer monies are spent and valuable hours of court time are wasted. So far, the tribes have even been able to file frivolous, slanderous and baseless suits against individuals who threaten their interests without consequence even though many states prohibit such actions. The defendant still has to bear the associated legal costs to get the suit dismissed, but the defendant cannot bring a counter-civil suit against the tribe to recover these expenses.
This situation is not going to change on its own. The gaming tribes have spread their influence to the corridors of both the state and federal government. As a result, government officials at all levels have done little or nothing to cause effective change. America is supposed to be the land of equal opportunity. Our governmental officials are supposed to represent the will of the American people, not those of purported "sovereign Nations."
Citizens must learn how tribal sovereignty destroys the principles our country was founded upon. When people grasp the fact that politicians are actually making and enforcing laws that favor one ethnic group over others, they often say "How can that happen here?" It is happening.
"Reservation shopping" could land a major casino operation in anyone’s backyard. This means local businesses being shut down, influx’s of foreign worker at low wages, inflation of real estate values and heavy strains being placed on local social agencies and school systems, not to mention the increase in crime and political corruption. Citizens, who are well educated, informed and organized, sending a clear, unified message to officials at both the state and federal level is the best weapon against this national trend.
Bradley Beecher is the owner of Thetis Consulting, a firm specializing in advising corporations and community groups in the areas of security and gaming. He was the commander of the Casino Unit for the Connecticut State Police where he designed and implemented law enforcement operations at two of the world’s largest casinos. He was employed by the Mohegan Tribal Gaming Authority where he supervised regulatory investigations and assisted in creating the Tribe’s Department of Athletic Regulation. Mr. Beecher’s experience also includes pari-mutuel gaming regulation as well as fraud prevention and detection. For additional information visit his Web site: http://www.thetisconsulting.com
HawaiiReporter.com reports the real news, and prints all editorials submitted, even if they do not represent the viewpoint of the editors, as long as they are written clearly. Send editorials to Malia@HawaiiReporter.com

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#212341 - 08/30/05 04:31 PM Re: Seneca-Cayuga land
grinch
Senior Member


Registered: 08/28/01
Posts: 3565
Loc: New York State
This gentleman's article tells it like it is. It should receive a wide circulation.
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#212342 - 08/30/05 05:17 PM Re: Seneca-Cayuga land
Okla.ndn
Senior Member


Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Yada yada yada
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#212343 - 08/30/05 07:21 PM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
· Casinos can legally ignore their debts. As a sovereign nation a tribe can purchase goods or contract for services and legally refuse to pay for the purchase or default on the contractor. The aggrieved cannot file a civil suit in state court to recover the money. If they can find an attorney to represent them in a tribal court, they can attempt to recover the debt, but the court is in the employ of the tribal government and serves at its whim. Recently, a gaming tribe in California refused to pay a contractor. This contractor tried to pull off of the project until the debt was settled. The tribe refused the company access to the reservation to recover its heavy equipment. The contractor was out what he was due and also deprived of his means of making a living. Why? The tribe has sovereignty.



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


Monday, August 22, 2005
By Glenn Coin
Staff writer
The Oneida Indian Nation's loss before the U.S. Supreme Court this spring has opened wide the door for contractors to file liens against the nation for work done at the tribe's Turning Stone Resort and Casino.

Since the March court ruling, 10 subcontractors who worked on the resort's expansion have filed liens in Oneida County totaling nearly $8 million. In the 12 years before that, only four liens had been filed against the nation.

The lawyer for O'Connell Electric Co., the East Syracuse company that filed the largest lien, said the Supreme Court decision allowed O'Connell and other companies to pursue the liens.

"The recent Supreme Court decision specifically states that property acquired by a Native American tribe can't simply be annexed to a reservation," said Edward Hourihan Jr., of Pittsford.

In March, the court ruled that the Oneida nation could not reclaim sovereignty on land it bought, and that the nation must pay property taxes.

O'Connell's lien says it is owed about $2 million of a $10.6 million contract.

When a lien is placed on a property, the owner must clear up the lien before the property can be sold or mortgaged.

"It acts as a mark on the title of the property," Hourihan said.

The 10 contractors who have filed liens, and two others that have sued the nation in state Supreme Court, are caught in a dispute between the Oneidas and the general contractor, Hunt Construction Group of Arizona. Several of the contractors said Hunt has told them it is still waiting for money from the Oneida nation.

"One of (Hunt's) defenses is they didn't get paid by the Indian nation," said Richard Bell, a lawyer for North Central Mechanical, of Victor, which filed a lawsuit for $1.6 million. "What's going on between them, we have no idea."

An Oneida nation spokesman declined to say whether the nation was withholding payment to Hunt. Hunt's lawyer in New York, Kenneth O'Reilly, of New York City, did not return phone calls. A lawyer in the company's corporate offices in Scottsdale, Ariz., could not be reached for comment.

The liens stem from Turning Stone's $343 million expansion, which included a 20-story hotel, an arena and a two-story atrium lobby.

Four other local contractors are among those filing liens or lawsuits: Auburn Custom Millwork, of Auburn; Wayne-Dalton of Syracuse; Grimaldi Heating, of Utica; and Northeast King Construction, of Oswego.



_______________________________________



· The Indian Casino Industry is not supposed to violate federal regulations and laws but they do every day.



Look at Turning Stone Casino which has been illegal since day one.




_______________________________________



If a (recognized) tribe wants the right to build a casino but lacks the proper land to put one on, they simply bring an "in terrorem" (intended to terrify) land claim suit to take thousands of acres from state or private landowners, on the oftentimes unfounded claim that the tribe once owned the land and was illegally taken from them hundreds of years ago.



This "in terrorem" (en terrorem) is how Ray operates to keep his illegal casino.


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



Okla it is unfortunate that the post by Bradley Beecher has more truth in it than you would like to admit.


I have read numerous news article pertaining to the points that he has stated.
_________________________
UNITED WE STAND

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#212344 - 08/30/05 11:21 PM Re: Seneca-Cayuga land
Okla.ndn
Senior Member


Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Yada yada yada
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#212345 - 08/31/05 11:36 AM Re: Seneca-Cayuga land
WilllOWisp
Senior Member


Registered: 03/10/05
Posts: 3174
Loc: Seneca County
Thanks Dick
_________________________
A liberal is a person whose interests aren't at stake at the moment~Willis Player

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#212346 - 09/02/05 04:10 AM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
Published: September 1, 2005
In what supporters see as a last-ditch attempt to bring an Indian casino to the Catskills, the St. Regis Mohawks and a gambling company are reviving plans to build a $500 million Las Vegas-style gambling operation at the Monticello racetrack.

The proposal follows a long line of casino plans that have foundered upon Albany's political disputes, court rulings and Congressional opposition to the proliferation of Indian casinos.

But while this casino project still faces a political gantlet, the Mohawks and the gambling company, Empire Resorts, say that they may have found a way around all the obstacles that have doomed the hopes of half a dozen tribes seeking to build casinos 90 miles northwest of New York City.

Because it won initial federal approval in 2000, they said, this casino plan does not require approval by the State Legislature or Congress, and is not tied to complex tribal land settlement. All it needs, they say, is the backing of Gov. George E. Pataki, who has long said that he favors gambling in former resort areas like the Catskills.

Two Mohawk chiefs, whose reservation straddles the Canadian border, notified the state in an Aug. 2 letter that the tribe wanted to move forward with the proposed casino at Monticello Raceway.

Chiefs Barbara A. Lazore and Lorraine M. White told Mr. Pataki that the tribe was willing to comply with many of the state's demands: it would resolve sales tax issues, provide Sullivan County with $15 million a year in impact fees and give the state up to 25 percent of slot machine revenue.

"The governor certainly has the ability to make this casino a reality and to bring thousands of jobs to Sullivan County," Chief White said. "We encourage him to do so."

Members of the governor's staff have met with tribal representatives in recent weeks, and a state official said that Mr. Pataki was reviewing the matter. Joanna Rose, a spokeswoman for Mr. Pataki, did reiterate the governor's longstanding position.

"Casino gaming would provide a major economic boost, bringing new jobs, new visitors and spurring new private-sector investments to the region for the people of Sullivan County and the Catskills," she said.

George T. Skibine, an assistant secretary of economic development for Indian affairs at the Department of the Interior, said that the dormant proposal for a Mohawk casino at the racetrack could be revived if the governor sent a letter concurring with his agency's findings in 2000 that the casino would be good for both the tribe and Sullivan County.

Sheldon Silver, the Democratic speaker of the State Assembly, and Senator Joseph L. Bruno, the Republican majority leader in the Senate, said that it was up to Mr. Pataki to approve the latest Mohawk proposal, since he has the authority to negotiate three casino deals in the Catskills under legislation approved in 2001.

Despite the apparent support for a Mohawk casino, construction is not necessarily going to begin anytime soon, if ever. Gambling in the Catskills has been a political roller coaster with unending twists and turns, and the racetrack is no exception.

Empire Resorts and the Mohawks have been partners before. In the 1990's, the tribe and the company, formerly known as Alpha Hospitality, proposed building a casino on 29 acres at the racetrack. Although casino gambling is illegal in New York, it is permitted on Indian-owned land.

But days after the Interior Department granted the project tentative approval in 2000, the Mohawks surprised supporters, including Senator Charles E. Schumer, when the tribe dropped its partners in favor of a large gambling company, Park Place Entertainment.

At that time, executives at Park Place, which has since merged with Harrah's Entertainment, said they would obtain federal approval and build a Mohawk casino at Kutsher's Sports Academy, outside Monticello. But that still has not happened.

In 2001, the Legislature authorized Mr. Pataki to negotiate deals for three Indian casinos in the Buffalo-Niagara Falls area and three in the Catskills, which gambling enthusiasts viewed as a plum location because of its proximity to New York City.

The third casino is under way outside Buffalo, but there is still no casino in the Catskills, despite attempts by the Mohawks, the Cayugas, the Stockbridge Munsee Band of Mohicans and others to build casinos.

Earlier this year, Mr. Pataki announced that he had agreements with five tribes, including the Mohawks, to settle their land claims, in part, in exchange for casinos in the Catskills. But a subsequent ruling by the United States Supreme Court seemed to undermine the land settlements.

Mr. Pataki submitted a bill allowing for the one project unaffected by the court ruling: the Mohawk casino at Kutsher's. The Assembly approved it, but the bill was scuttled in the Senate.

In July, the two Mohawk chiefs notified their partners at Harrah's that they were still interested in a Catskill casino, but after five years they no longer considered their arrangement with the company to be exclusive. The third principal Mohawk chief, James W. Ransom, favored focusing on the Harrah's casino, but Ms. White and Ms. Lazore said their best chance was at the racetrack.

They opened discussions with Empire Resorts and state officials. Tribal representatives also visited the Interior Department.
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UNITED WE STAND

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#212347 - 09/02/05 07:25 PM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
Land Claim Deal Officially Expires

The agreement between the state and the Seneca-Cayuga tribe to settle its portion of the Cayuga land claim has officially expired. The plan that would have settled the claim in return for allowing the tribe to build a casino in the Catskills has been effectively dead for some time, killed by two court rulings that damaged Indians' cases. Cayuga County Legislature Chair Herb Marshall tells the Auburn Citizen he thinks the tribe will go ahead with its plan to pay taxes on its land in Aurelius. A spokesman for Governor George Pataki says there are no current negotiations between the state and the tribe.
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UNITED WE STAND

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#212348 - 09/04/05 07:07 PM Re: Seneca-Cayuga land
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 1554
Loc: Union Springs, New York
The Seneca-Cayuga tribe paying their taxes was something I expected. Not just because they should, but due to a couple stark realities. Some people made a big deal out of it and can’t seem to let go.

Due to the Sherrill and Cayuga rulings it's clear the property they own is not Indian Country and they owed three years back taxes. If they didn't pay their taxes, the property would have been sold. Lets see - pay taxes or lose the property?

The Bureau of Indian Affairs sent the regional BIA office and Oneida tribal CEO, Ray Halbritter, letters explicitly explaining that their Fee to Trust applications would not even be considered if there were any taxes due on the property. I would imagine the Seneca-Cayuga tribe was also notified. Yes, the Seneca-Cayuga tribe applied for fee to trust status shortly after the Sherrill ruling in March. Lets see - pay the taxes or lose any shot of getting the land designated not taxable trust land?

A total willingness to work with local governments would not include dealing for casinos, which require fee simple land status transfer to "Indian Country" "non-taxable trust" status.

Everyone welcomes them to live, work and do business here as equals. If that were what they wanted, they wouldn't have to stroke politicians to do so.

The only chance they have to end run the land claim rulings are to con politicians into giving them a reservation by getting their fee to trust applications approved. I didn’t see news articles on anyone else that paid their back taxes. But maybe I just missed something. Was Herb Marshall demoted to tax collector?

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#212349 - 09/04/05 08:07 PM Re: Seneca-Cayuga land
Okla.ndn
Senior Member


Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#212350 - 09/04/05 08:07 PM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
BIA: Nation must pay property taxes

ONEIDA - Documents from the United States Department of the Interior issued Friday explicitly support the right of local governments to tax land purchased by the Oneida Indian Nation, and to foreclose on those properties if the Nation does not pay property taxes.

The documents also state that any tax liens against Nation property need to be removed before the federal government can consider the Nation's request that this land be put into trust.

And the documents order the designation of "restricted status" for Nation property be removed from an earlier Bureau of Indian Affairs directive.

The documents were sent to Congressmen Sherwood Boehlert, R-24, and John M. McHugh, R-23 by e-mail at 7:30 p.m. Friday.

Letter from Interior

One document is a two-page letter dated June 10 addressed to Ray Halbritter, Nation representative, from James E. Cason, associate deputy secretary of the Interior.

The letter states that the March 29 U.S. Supreme Court ruling in City of Sherrill v. Oneida Indian Nation "unmistakably held that the lands at issue" are subject to property taxes.

Also at issue beyond the direct ruling in Sherrill v. Nation are other lands in Madison and Oneida counties outside of Sherrill that the Nation has purchased, though not the 32-acre reservation in Madison County. The Nation insists the purchased property is now Indian country, and not subject to taxation.

Madison County Attorney S. John Campanie received copies of the letters, and said he hopes they will help resolve the county's dispute with the Nation over the interpretation of the Supreme Court ruling.

"I think it sets forth clearly what we have said the Supreme Court has said all along, which is that the Sherrill decision stands for the proposition that these real property taxes must be paid, and if they're not paid, the lands are subject to foreclosure," Campanie said.

Mark Emery, spokesperson for the Nation, said Friday evening that the Nation had not received the documents, as far as he knew.

"The Nation cannot comment on what it hasn't seen," Emery said.

Liens obstacle to trust

The Nation has requested that its purchased properties be transferred into trust by the United States, with the expectation that this would exempt the properties from local property taxes, Campanie said.

However, the letter to Halbritter raises doubts about this prospect. The letter states that it is the policy of the Department of Interior to "not accept into trust lands that are encumbered by tax liens."

The letter then states: "Accordingly, we urge the Nation to resolve any outstanding tax liens that may now encumber any of the lands for which you are seeking the United States to accept in trust."

Campanie said the Nation owes $3 million to Madison County and school districts within the county, excluding the City of Oneida. He said the Nation also owes the City of Oneida and its schools $4.3 million. If the taxes owed to Oneida County and the City of Sherrill are included, he estimates the Nation's tax bill would be more than $10 million.

McHugh stated in Friday's press release that he feels the Interior Department letter is definitive.

"This communication should put this particular issue to rest, and allow the counties to move forward pursuant to the Sherrill decision. It is my hope that the Oneida Nation will meet their obligations to the Madison and Oneida county governments, just as all property owners must do."

"Restricted status" to be removed

The other document released Friday was an internal Department of Interior memo to Randall Trickey, realty officer, eastern region, Bureau of Indian Affairs, from Michael D. Olsen, acting principal deputy assistant secretary, Indian Affairs. It is also dated June 10.

Both documents were issued a day after Boehlert and McHugh met with high ranking officials with the Department of the Interior, asking for immediate clarification of whether lands purchased by the Nation are subject to property taxation and foreclosure.

One issue raised Thursday by McHugh and Boehlert apparently concerned a document sent on April 7 by Trickey to the Land Titles and Records office in Oklahoma directing that 331 deeds totaling 17,193 acres in Madison and Oneida counties be recorded "in favor of the Oneida Nation of New York in restricted status pursuant to 25 U.S.C. 177."

McHugh stated Thursday: "Recent actions by a Bureau of Indian Affairs employee have cast a dark cloud over the Interior Department, raising questions as to whether an attempt is being made on their part to skirt the Supreme Court ruling, just as the Oneida Indian Nation has attempted to do.

"The bottom line is that the Department must act clearly and decisively to ensure this dark cloud is lifted."

Olsen took a step in that direction with a memo to Trickey on Friday addressing his April 7 directive. Olsen stated that deeds such as those sent by Trickey simply provide the Bureau of Indian Affairs with information for record keeping, and cannot be used to legally establish "restricted status" for Nation properties.

Olsen ordered Trickey to retransmit his earlier document by noon on Monday, with the words "restricted status" deleted.

The congressmen noted in their statement Friday that the designation of "restricted status" effectively prohibited the counties from foreclosing on Nation land.

"The ministerial act by Mr. Trickey was being used in the Nation filings to avoid our tax enforcement proceedings. It was clear that was not the Department of Interior's position, and it was clear that was not the Supreme Court's position, that in fact the lands were not subject to real property tax enforcement," Campanie said.

Boehlert stated in Friday's press release: "I am pleased that the Interior Department carefully listened to the important issues we raised and responded in an expeditious manner. At this juncture, it is my hope that all parties will return to the table for good faith conversations with the expectation that such conduct will lead to resolution of the outstanding land claims."

Interior requests prioritization

In addition to the "restricted status" issue, the Nation has requested its lands be put into federal trust.

The Interior Department letter to Halbritter urges the Nation to prioritize the parcels it wants to be taken into trust "in order of the parcel's significance to the Nation," and to explain why those parcels need to be held in trust.

"Prioritization of the parcels at issue in the pending application will greatly assist and inform the Department in deciding how to proceed in exercising the Secretary's discretion."

And finally, the letter states: "In addition, as a part of our evaluation process, we plan to consult with affected state and local jurisdictions to obtain their views on this subject as well."

If the United States grants trust status to a Nation property, it will no longer be subject to property taxes, but sales taxes could still be collected, Campanie said.

Madison County began foreclosure proceedings in December 2003 against the Nation for unpaid property taxes, and filed a motion in court on April 28 to complete the process. A hearing in state Supreme Court on the foreclosure was scheduled for June 3, but was delayed to July 14.

Oneida County talking

No steps toward foreclosure have been taken in Oneida County, said Jack Gardner, Oneida County legislator for districts 3, 4 and 6, which include Verona and Vienna.

"There have only been informal discussions," Gardner said.

Gardner said the letter from the Department of Interior does not change his view that the county should not rush into foreclosure proceedings against the Nation. He thinks it is more important to get the fundamental issues straightened out.

"I still think we should proceed with a lot of caution. This is more far reaching than just the land claims in Oneida and Madison counties," Gardner said.

The larger issues, Gardner said, are resolving the Indian claims with the state, and the question of whether the federal government has the right to put any Indian land within New York into trust.

The biggest issue, he said, is whether claims for special status for Indian lands, such as those owned by the Nation, violate the U.S. Constitution guarantee of equal protection.

Said Gardner: "I am against resolving the Indian claim as the state wants to resolve it now, because I believe it is in direct conflict with the Constitution, specifically, the 14th Amendment, the first section concerning equal protection under the law, which excludes special privileges."
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#212351 - 09/08/05 04:29 PM Re: land claim tossed again
newsman38
Senior Member


Registered: 03/21/01
Posts: 2558
Loc: Fourth Estate
Quote:

Originally posted at:
http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--cayugalandclaim0908sep08,0,1550060.story?coll=ny-region-apnewyork




A federal appeals court will not reconsider its dismissal of the Cayuga Indian's 25-year-old land claim, a county official said Thursday.

Seneca County Attorney Steven Getman said the 2nd U.S. Circuit Court of Appeals decision Thursday was another victory for property owners in the land-claim area.

The Cayuga Indian Nation of New York and the Seneca-Cayuga Tribe of Oklahoma had asked the court for a rehearing following its split decision in June that the tribe was not entitled to a $248 million land claim judgment awarded them by a lower-court jury.

Justices Jose Carbanes and Rosemary Pooler cited the U.S. Supreme Court's ruling in the City of Sherrill-Oneida Indian tax case in which the high court said too many years had passed for the tribe to claim that its reacquired former reservation lands were again sovereign and tax-exempt.

The Cayugas have limited options after the rejection. The two tribes can ask the U.S. Supreme Court to review its lawsuit, a request that is rarely granted. Their attorneys did not immediately return phone calls seeking comment.

U.S. District Judge Neal McCurn ruled in 1994 that New York state illegally acquired 64,015 acres of tribal land in Seneca and Cayuga counties by entering into invalid treaties with the Cayugas without receiving congressional ratification, required by a 1790 law.

A jury awarded the two tribes $36.9 million in damages in 2000 for the land's current worth and the loss of two centuries of fair market rental value. McCurn added $211 million in interest in 2001.

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#212352 - 09/08/05 04:46 PM Re: Seneca-Cayuga land
bluezone
Senior Member


Registered: 12/19/04
Posts: 9151
Loc: USA
Quote:

Bend over.LOL




Okla, I guess your quote is now pertaining to you.
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#212353 - 09/08/05 04:51 PM Re: land claim tossed again
grinch
Senior Member


Registered: 08/28/01
Posts: 3565
Loc: New York State
Hey, thanks for the update. I never thought they would rehear this case. Should they appeal to the Supreme court they will receive the same answer.

That leaves Congress. It was Congress that created this mess and I doubt they will act to rectify it now. I think congress will count the votes and act accordingly, they will do nothing.

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