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FROM: INDIAN COUNTRY TODAY NEWSPAPER
Let the games begin: Seneca-Cayuga Tribe has legitimate claim
Oklahoma tribe´s sovereignty and gaming rights still undecided; revenue
sharing proposals in Min
Posted: September 14, 2004 - 10:39am EST
by: Tom Wanamaker / Correspondent / Indian Country Today
The Seneca-Cayuga Tribe of Oklahoma got some good news on Sept. 1 when U.S.
District Court Judge Neal P. McCurn, sitting in a Syracuse, N.Y. courtroom,
ruled that the tribe is indeed a "successor-in-interest" to the historic Cayuga
Indian Nation. This means that the Seneca-Cayugas retain a legitimate interest
in the outcome of the Cayuga land claim case, be it litigated or settled out
of court.
The Cayuga land claim area is a 64,000-acre chunk of former reservation land
illegally acquired by New York state in the early 1800s, for which the
Oklahoma tribe and the Cayuga Nation of New York in 2001 were awarded $247.9 million
in damages. That case remains under appeal to the 2nd Circuit Court of
Appeals.
In the case of the Seneca-Cayugas, Judge McCurn must still decide two issues.
One is whether or not the tribe´s 229-acre parcel in Aurelius, N.Y., on which
the tribe has proposed a Class II gaming hall, is in fact "Indian country."
The second involves whether or not local municipal governments have any role in
regulating or overseeing construction and operation of such a facility.
The pending Supreme Court review of City of Sherrill v. Oneida Nation, a
landmark case involving a city government´s attempts to tax land owned by the
Oneidas within their land claim territory, will have implications throughout
Indian country and will certainly influence McCurn´s decision. Unlike the Cayuga
land claim case, the Oneida land claim remains at an unsettled impasse.
Complicating matters for the Seneca-Cayugas is the fact that the tribe is
recognized in Oklahoma but is attempting to assert sovereignty over land within
New York state; no tribe has successfully crossed state lines for gaming
purposes. Seneca-Cayuga efforts to open the Aurelius bingo hall have been stymied by
legal action from town and county officials. The Cayuga Nation has however,
opened a pair of small Class II casinos on land it purchased in the claim area.
As descendants of Cayuga Indians who never left New York, the nation´s
sovereignty over land claim territory faces a lesser degree of challenge.
McCurn´s ruling comes on the heels of a surprising offer by the
Seneca-Cayugas to pay the land claim award for the state in return for a Class III casino
in the Catskills. In late August, the Seneca-Cayugas offered to pay the entire
judgement amount in the land claim case and would cease their Class II efforts
in Aurelius. If the 2nd Circuit Court raises the $247.9-million award, the
tribe says it is prepared to pay even more, up to an undisclosed cap.
The Seneca-Cayugas are indeed moving aggressively toward acquiring rights to
one of three potentially lucrative Catskill casinos authorized by the New York
State Legislature in October 2001. On Aug. 20, the tribe announced a casino
development agreement with Empire Resorts, Inc. of Monticello, N.Y. This is the
same company with which the Cayuga Nation signed a similar agreement in April
2003. The Cayugas have protested that their deal with Empire is exclusive,
while company officials insist that their deal with the Seneca-Cayugas is
legitimate.
A little over a month ago, it appeared that the New York Cayugas had the
inside track on a Catskill casino. But two factors - the collapse of their June
memorandum of understanding with Albany to settle the land claim in exchange for
a casino and continued pressure by the Oklahoma tribe - seem to have derailed
their aspirations, at least for now.
Keep an eye on Upstate New York. This one´s far from over.
Revenue sharing in Minnesota
Meanwhile in Minnesota, the issue of casino revenue sharing has once again
come to the forefront. Unlike last February, however, when Republican Governor
Tim Pawlenty all but demanded that the state´s 11 gaming tribes fork over some
cash, this time the initiative comes from Indian country.
In an Aug. 26 letter to the governor, Melanie Benjamin, chief executive of
the Mille Lacs Band of Ojibwe, outlined a series of proposals as a starting
point for negotiations and potential cooperation.
"Many of the political leaders who have tried to address gaming issues with
the tribes have done so in a way that has hardened tribal leaders and created
an environment of mistrust," Benjamin was quoted by the Associated Press. "We´
ll see where this discussion leads us. Anytime we can sit at the table as
sovereigns and come up with an agreement, it´s good for all involved."
The compacts between Minnesota and the tribes, signed in 1989 and 1990, do
not contain revenue sharing provisions, although the tribes do cover regulatory
expenses incurred by the state. Commercial gaming interests, who would of
course pay state taxes, have been pushing for inroads into the Minnesota market,
which caused Pawlenty to speak out earlier this year about forcing the tribes
to renegotiate their compacts.
In her letter, Benjamin put forth several ideas, including using casino
revenue to fund a new stadium for Minnesota´s pro sports teams, allowing more
casino games and simulcast horse racing, challenging federal laws banning sports
betting and establishing a charitable foundation to assist local governments and
other tribes. In return, the state would likely be expected to limit or
prohibit commercial gaming.
According to the AP, Benjamin said that the renegotiation of current compacts
or the reduction of monies currently used to fund tribal programs are not on
the bargaining table. She also said that she spoke only for the Mille Lacs
Band and not for the state´s other tribes.
"Because of the growing political pressure to expand gaming and the seeming
stalemate between the tribes and state, now is the time for a new course,"
Benjamin said.
An August poll conduced by the Minnesota Indian Gaming Association showed
that support for expanded gambling in the state may be on the decline. By letting
the threat of commercial gaming "percolate" as he termed it at the time,
Pawlenty apparently hoped to strong-arm the tribes into ceding casino funds.
The Indian Gaming Regulatory Act makes no mention of revenue sharing, but the
concept has evolved into a quid pro quo - a slice of Indian casino revenue to
the state in return for something of value to the tribes. Now that Benjamin
has put some new ideas on the table, it remains to be seen whether Pawlenty
will bargain, government-to-government, in good faith.
This message is reprinted under the Fair Use
Doctrine of International Copyright Law:
************************************************** *************
FROM: INDIAN COUNTRY TODAY NEWSPAPER
Let the games begin: Seneca-Cayuga Tribe has legitimate claim
Oklahoma tribe´s sovereignty and gaming rights still undecided; revenue
sharing proposals in Min
Posted: September 14, 2004 - 10:39am EST
by: Tom Wanamaker / Correspondent / Indian Country Today
The Seneca-Cayuga Tribe of Oklahoma got some good news on Sept. 1 when U.S.
District Court Judge Neal P. McCurn, sitting in a Syracuse, N.Y. courtroom,
ruled that the tribe is indeed a "successor-in-interest" to the historic Cayuga
Indian Nation. This means that the Seneca-Cayugas retain a legitimate interest
in the outcome of the Cayuga land claim case, be it litigated or settled out
of court.
The Cayuga land claim area is a 64,000-acre chunk of former reservation land
illegally acquired by New York state in the early 1800s, for which the
Oklahoma tribe and the Cayuga Nation of New York in 2001 were awarded $247.9 million
in damages. That case remains under appeal to the 2nd Circuit Court of
Appeals.
In the case of the Seneca-Cayugas, Judge McCurn must still decide two issues.
One is whether or not the tribe´s 229-acre parcel in Aurelius, N.Y., on which
the tribe has proposed a Class II gaming hall, is in fact "Indian country."
The second involves whether or not local municipal governments have any role in
regulating or overseeing construction and operation of such a facility.
The pending Supreme Court review of City of Sherrill v. Oneida Nation, a
landmark case involving a city government´s attempts to tax land owned by the
Oneidas within their land claim territory, will have implications throughout
Indian country and will certainly influence McCurn´s decision. Unlike the Cayuga
land claim case, the Oneida land claim remains at an unsettled impasse.
Complicating matters for the Seneca-Cayugas is the fact that the tribe is
recognized in Oklahoma but is attempting to assert sovereignty over land within
New York state; no tribe has successfully crossed state lines for gaming
purposes. Seneca-Cayuga efforts to open the Aurelius bingo hall have been stymied by
legal action from town and county officials. The Cayuga Nation has however,
opened a pair of small Class II casinos on land it purchased in the claim area.
As descendants of Cayuga Indians who never left New York, the nation´s
sovereignty over land claim territory faces a lesser degree of challenge.
McCurn´s ruling comes on the heels of a surprising offer by the
Seneca-Cayugas to pay the land claim award for the state in return for a Class III casino
in the Catskills. In late August, the Seneca-Cayugas offered to pay the entire
judgement amount in the land claim case and would cease their Class II efforts
in Aurelius. If the 2nd Circuit Court raises the $247.9-million award, the
tribe says it is prepared to pay even more, up to an undisclosed cap.
The Seneca-Cayugas are indeed moving aggressively toward acquiring rights to
one of three potentially lucrative Catskill casinos authorized by the New York
State Legislature in October 2001. On Aug. 20, the tribe announced a casino
development agreement with Empire Resorts, Inc. of Monticello, N.Y. This is the
same company with which the Cayuga Nation signed a similar agreement in April
2003. The Cayugas have protested that their deal with Empire is exclusive,
while company officials insist that their deal with the Seneca-Cayugas is
legitimate.
A little over a month ago, it appeared that the New York Cayugas had the
inside track on a Catskill casino. But two factors - the collapse of their June
memorandum of understanding with Albany to settle the land claim in exchange for
a casino and continued pressure by the Oklahoma tribe - seem to have derailed
their aspirations, at least for now.
Keep an eye on Upstate New York. This one´s far from over.
Revenue sharing in Minnesota
Meanwhile in Minnesota, the issue of casino revenue sharing has once again
come to the forefront. Unlike last February, however, when Republican Governor
Tim Pawlenty all but demanded that the state´s 11 gaming tribes fork over some
cash, this time the initiative comes from Indian country.
In an Aug. 26 letter to the governor, Melanie Benjamin, chief executive of
the Mille Lacs Band of Ojibwe, outlined a series of proposals as a starting
point for negotiations and potential cooperation.
"Many of the political leaders who have tried to address gaming issues with
the tribes have done so in a way that has hardened tribal leaders and created
an environment of mistrust," Benjamin was quoted by the Associated Press. "We´
ll see where this discussion leads us. Anytime we can sit at the table as
sovereigns and come up with an agreement, it´s good for all involved."
The compacts between Minnesota and the tribes, signed in 1989 and 1990, do
not contain revenue sharing provisions, although the tribes do cover regulatory
expenses incurred by the state. Commercial gaming interests, who would of
course pay state taxes, have been pushing for inroads into the Minnesota market,
which caused Pawlenty to speak out earlier this year about forcing the tribes
to renegotiate their compacts.
In her letter, Benjamin put forth several ideas, including using casino
revenue to fund a new stadium for Minnesota´s pro sports teams, allowing more
casino games and simulcast horse racing, challenging federal laws banning sports
betting and establishing a charitable foundation to assist local governments and
other tribes. In return, the state would likely be expected to limit or
prohibit commercial gaming.
According to the AP, Benjamin said that the renegotiation of current compacts
or the reduction of monies currently used to fund tribal programs are not on
the bargaining table. She also said that she spoke only for the Mille Lacs
Band and not for the state´s other tribes.
"Because of the growing political pressure to expand gaming and the seeming
stalemate between the tribes and state, now is the time for a new course,"
Benjamin said.
An August poll conduced by the Minnesota Indian Gaming Association showed
that support for expanded gambling in the state may be on the decline. By letting
the threat of commercial gaming "percolate" as he termed it at the time,
Pawlenty apparently hoped to strong-arm the tribes into ceding casino funds.
The Indian Gaming Regulatory Act makes no mention of revenue sharing, but the
concept has evolved into a quid pro quo - a slice of Indian casino revenue to
the state in return for something of value to the tribes. Now that Benjamin
has put some new ideas on the table, it remains to be seen whether Pawlenty
will bargain, government-to-government, in good faith.
