Final vote was 16 for, 13 against.
Oneida County Votes to Approve Settlement With the OIN
Final vote was 16 for, 13 against.
Land Claim Negotiations
Cayuga Press Release in Response to OIN/NY State Agreement
St. Regis Mohawk Also In Talks with Gov. Cuomo
The St. Regis press release.
The Saint Regis Mohawk Tribe announced today that they
reached a Memorandum of Understanding with Governor Andrew M. Cuomo of the State of New York that is the first step to addressing longstanding land claims with Franklin and St.
Lawrence Counties, outstanding issues with the New York Power Authority and resolve the Revenue Sharing Dispute with New York State.
Any agreement on land claims would be subject to a tribal referendum. (h/t C.G.)
Copy of the OIN/NY State/County Agreement
The 79 page PDF is here
Via Syracuse.com.
Additional Coverage and Details of the OIN/NY State Deal
From Syracuse.com Sunday edition. Here.
ETA: PDF of Governor’s Press Release: 142625702-Turning-Stone-Agreement-News-Release
How Gov. Cuomo, the Oneida Indian Nation and two counties made historic deal in record time
They were still negotiating Thursday morning; the 1 p.m. news conference to announce the agreement was delayed 30 minutes while lawyers cleaned up language.
Even the one-page document that Halbritter and Cuomo ceremoniously signed is just a conceptual agreement. The real document, with its attachments and addenda, was still being massaged by lawyers Friday afternoon.
Oneida Indian Nation and State of New York Agreement on Wide Range of Issues
Details from the Syracuse.com article:
In a deal announced today, the Oneidas will give 25 percent of their gaming machine revenues to the state in exchange for exclusive rights to run casinos in a 10-county area of Central New York. Gov. Andrew Cuomo said that could mean $50 million a year for the state.
— Oneida and Madison counties agree to drop all legal action against the Oneidas over land and tax issues. The state will drop any support of those actions.
— No casinos would be built in the 10-county Central New York region, which includes Onondaga County. Vernon Downs, which opened in 2006, could continue to operate.
— The Oneidas, which have been granted 13,000 acres of tax-exempt trust land by the federal government, agree to cap their total trust land to 25,000 acres.
— Oneida County will get $2.5 million a year and Madison County will get $3.5 million from the state’s share of the Oneidas’ payments.
— The Oneidas will charge — and keep — the same sales taxes New York state charges. The Oneidas must use that money for the same kinds of services New York does.
— The nation will waive its sovereign immunity for the agreement, allowing New York to take the tribe to federal court in any disputes.
St. Regis Mohawk Press Release and Briefs on Land Claim Litigation
Both the United States and the Mohawk plaintiffs make these arguments in briefs filed last Friday, November 16. The United States stating, “In other New York land claims…dismissed by the Second Circuit, it was inarguable that the lands at issue had become heavily populated and developed by non-Indians in the years since New York unlawfully acquired the lands….That is not true here….the Mohawks… never departed the region and have remained a powerful enduring presence both as a government and as a population in the region and within the specific claim areas.”
As for the claim to the islands, the United States and the Mohawks have presented a unique argument that has never been considered in any other land claim because of the particular facts of the case. “The Department of Justice Attorneys and the Department of Interior met with tribal leadership recently and listened to our concerns. They responded with the filing of a strong brief that supports the Tribe’s efforts and their own interests, as owners of the underlying title to some of the islands that make up the Power Project.” said Chief Randy Hart.
Previous coverage here.
House Passes Bill to Provide the Quileute Tribe with Higher Ground
Yesterday, the House of Representatives passed a bill that provides the Quileute Tribe an additional 785 acres of land, including land currently part of the Olympic National Park. Presumably the two key purposes of the bill are to (1) help get the Tribe out of tsunami and flood zones (most if not all of the Tribe’s current land is low-lying coastal land), and (2) secure a waiver from the Tribe regarding some long standing land claims the Tribe has.
Local news story here.
Legislation here.
British Columbia Court of Appeal Dismisses Vancouver’s Appeal Against Musqueam Indian Band
The court didn’t agree with the Greater Vancouver Regional District’s argument that the recent Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act was ultra vires the province’s power because “it is, in pith and substance, a law in relation to ‘Indians and Lands reserved for the Indians.'” The decision is here.
Tzeachten First Nation v. Canada Lands Co.
An application by Canada Lands Co. to dismiss an action brought by Chief Joe Hall on behalf of the members of Tzeachten First Nation, the Skowkale First Nation and the Yakweakwioose First Nation, was rejected by the British Columbia Supreme Court. Canada Lands Co. claimed that Tzeachan’s action was barred by res judicata. Alternatively, Canada Lands Co. asked that the claim be struck because it disclosed no reasonable claim or was an abuse of process.
The judge denied the application. Here’s the decision.
Turtle Talk 
You must be logged in to post a comment.