Elected and Public Officials react to the Recommendation made by the Department of the Interior's Bureau of Indian Affairs:

Sen. David J. Valesky:
“I am extremely disappointed about the acreage involved in this recommendation, and urge the Department of the Interior to reject it. This proposal will not solve the issue, and does nothing to address the local concerns about loss of local tax revenue and the impact on local businesses. ”

Assemblyman David Townsend:
Today the Final Environmental Impact Statement (FEIS) regarding the Oneida Indian Nation (OIN) land into trust application was made. With this decision the federal government is giving the OIN 13,086 acres which includes Turning Stone Casino and nearby lands that will go into a tax-free land trust.

The federal statute which governs land into trust is the Federal Indian Regulatory Act. This section authorizes congress to take federally owned lands into trust on behalf of Indian tribes in certain situations. There is no federal land in New York State other than defense installations. The Supreme Court in the Sherrill case, has held that the land which is the subject of the federal trust action owned by the Oneida Indian Nation is not federal Indian land and thus, not available to be placed into trust. The federal government does not have legal authority to take land into trust in New York without violating the US and State Constitutions. The federal government has conceded that the Property Clause and the Commerce Clause do not apply in New York.

Additionally, Article 2, Section 10 of the State Law says: the Governor shall, at the expense of the state, employ counsel and provide defense of any action or proceeding, instituted against the state, or against any person deriving title wherefrom, to recover any lands within the state, under pretense of any claim inconsistent with its sovereignty and jurisdiction. (Laws of 1909, Chapter 59) I will move to have the Governor defend the taxpayers of Oneida and Madison counties against this illegal taking of our land.

“A Settlement Act of this order has to be found unconstitutional,” said Townsend. “No movement forward should take place until the Supreme Court decides to take up the Rhode Island Case and Rules on the same. We should know if it will be taken up by March 28th.”

Townsend went on to say, “The Rhode Island Case was a very unfortunate fallout due to our local attorneys failing to properly argue the Oneida’s in 1974. Back then, our county attorneys failed to put into evidence the Treaty of 1788, nor did our advocates understand their pre-emptive rights.”

“Furthermore, the 1934 Indian Regulatory Act, as Congress intended it, must be confined to reservations of federal public domain lands, which have never come under any state jurisdiction anywhere as indicated above. The Secretary of the Interior may have the power to force a situation if the lands were not turned over to the state, but the Secretary has no power to do so in New York State, one of the original 13 colonies. Forcing this situation could leave federal, state and local officials personally liable for any harm caused to individuals by such acts under the 14th Amendment.”

The determination made today is a result of the Oneida Indian Nation asking the federal government to make its land exclusive, which allows it to be exempt from local tax and regulation.

The Property Clause of the U.S. Constitution, being Article 4, Section 3, Clause 2, deals with rules and regulations respecting federal territory only.

The 9th and 10th Amendments also add support in that they essentially say the power not given by the people or the state to the federal government, resides with the state and the people.

In Fletcher v. Peck, an 1810 U.S. Supreme Court Case [cited: 10 U.S. (6 Cranch) 87, 142-3 (1810)], our U.S. Supreme Court upheld the pre-emptive rights of the 13 Colonies when the Justices decided that the federal courts cannot re-characterize state reservation lands as federal territory.

“The Federal Indian Gaming Regulatory Act (IGRA) permits Indian tribes to own gaming operations upon sovereign Indian reservations,” said Townsend. “It is in the best interests of both the Oneida Indian Nation and the State of New York to establish a STATE Indian reservation, upon the lands now being used to operate Turning Stone Casino as a way to allow the operation to continue without damaging local governments or making a mockery of the law. Last year, I introduced that legislation in the Assembly which will provide a viable and legal solution to the gaming issue, without allowing the Oneidas to circumvent its obligation to pay taxes.”

Recently the Utica Observer Dispatch’s editorial stated, “There are better avenues of economic development than the gambling business. Many jobs located in casinos are low-paying, and are taking money out of local residents’ pockets without producing much in the way of value. Gambling business should not be the end all argument to stimulate local economies, and legislators must realize this by focusing their efforts to bring in healthy and robust industry to create a more practical economy,” to which Townsend responded, “I completely agree with the Utica Observer Dispatch’s assessment in regards to casinos and the economic pitfall they represent, we must have better economic stimulous.”

Senator Joseph Griffo:
"Apparently 'Alternative I' isn't an answer at all. I am disappointed that
the federal government has ruled against Oneida County and its partners. I still believe that a checkerboard of authority and regulation is against the best interests of the people of Oneida and Madison Counties, and I believe that the Counties made a very strong case that this type of division is against the best interests of the region.

If the federal Department of the Interior and the Bureau of Indian Affairs
take this much land from the tax rolls forever, and that decision is
allowed to stand, the counties, towns and school districts will be facing
an urgent situation that calls for action on the issue of sales tax
collections. If this preliminary decision is allowed to stand, it makes it
even more important that the administration back up its talk with action
and move forward on its promise to collect sales tax on sales to
non-Indians by Indian-operated enterprises. I urge Governor Spitzer and his administration to take the prompt action needed by our region to protect the landowners and business owners facing an even greater burden if this land is taken into trust.

The Oneida Indian Nation is a tremendous economic success story. Loose talk about closing the casino is irresponsible. The goal of all of our efforts should be to develop a win-win situation where the Oneidas continue to grow jobs and increase the region’s profile, and the taxpayers of the region have the fairness they need. When the little guy pays sales tax and the big operation does not, that’s just not fair and I think we all know that.

Fairness is the cornerstone that must be in place to hold together any
solution. Land in trust is not a fair and final solution – this could lead
to more litigation and a new round of antagonism – the last things we need at a time when we need to grow new jobs and create new momentum in our region.”

Assemblywoman RoAnn Destito
Today, an Environmental Impact Statement to be issued by the U.S. Bureau of Indian Affairs will recommend that more than 13,000 acres of land be taken into “trust status” by the Department of the Interior. If this recommendation is implemented, such land will essentially be “owned” by the federal government for the benefit of the Oneida Indian Nation and will not be subject to any local land use controls or property taxes.

The final Environmental Impact Statement will provide recommendations for the Secretary of the Department of the Interior to consider prior to making any final decision no sooner than 30 days after the issuance of this recommendation. The people of the Mohawk Valley region now have a one month window of opportunity in which we can work out an acceptable compromise before the federal government makes a final determination on this issue.

Against the backdrop of many years of uncertainty concerning property tax, sovereignty, economic development issues – the Oneida Indian Nation’s resort and casino is one of Oneida County’s largest employer - this is a one-month window for calm, rational dialogue about our future.

Accordingly, I now call upon the Oneida County Board of Legislators and the County Executive in conjunction with Governor Eliot Spitzer to negotiate with the Oneida Indian Nation so that we may seize the moment and assert a position which deals with these difficult and challenging issues for the benefit of all residents of our region of the State. By doing so, we can avoid another thirty years of litigation and finally put an end to this local dispute.