AKWESASNE The
St.
Regis Mohawk Tribe expressed its disappointment in the decision earlier this week of the St. Lawrence County Legislature to withdraw its support for the Akwesasne Mohawk Land Claim Settlement. However, the Tribe remains hopeful that a lasting resolution of the land claim can still be forged by all parties.
According to Tribal Chief Barbara A. Lazore, “While we are disappointed, we recognize St. Lawrence County Legislature’s right to formally withdraw their support.” Chief Lazore added “However, we hope they realize that the land claim settlement really is in the best interest of all the parties and that their actions don’t become the equivalent of cutting off their nose to spite their face.”
The County Legislature indicated that the primary reasons for withdrawing support is for not being included in the settlement negotiations, the lack of a guarantee that they would be compensated, and a belief that the Sherrill and Cayuga court decisions apply to the Mohawk land claim.
“We have been working with all parties to make sure that a new bill provides an opportunity for local input before it is formally introduced to the State Legislature,” stated Tribal Chief James W. Ransom. “It has also been structured to address local government concerns,” Chief Ransom added.
Unlike one year ago, the new bill that has been under discussion has been shared with Senator Betty Little, Assemblyman Chris Ortloff, and Assemblyman Darrell Aubertine as well as with local government leaders. In addition, the bill has been restructured to include language to address local government concerns. In particular, payments to the counties will not be dependent upon Catskill casinos.
“The State and the Tribe agree that the Sherrill Supreme Court decision has no effect on our land claim settlement,” stated Tribal Chief Lorraine M. White. “Additionally, in the event that the Cayuga court decision is accepted by the Supreme Court, we expect that decision to eventually be overturned,” added Chief White.
Within weeks following the Sherrill Supreme Court decision, a press release from Governor Pataki’s office provided confirmation and specifically noted that the Mohawk settlement agreement is not affected by the Sherrill decision. The Tribe expects that the Supreme Court will decide by May to accept the Cayuga decision on appeal and that eventually, it will overturn the Second Circuit court decision that misread the Sherrill court decision.
“What has been achieved in reaching our land claim settlement is monumental,” stated Chief Lazore. “In testimony before Congress on New York Land Claims, everyone who testified said a negotiated solution is the way to resolve the claims,” she added.
Chief Lazore was referring to the positive and supportive comments received by the Tribe in meetings with representatives of the State Legislature as it lobbied for the settlement. In addition, complements were received from representatives of Madison and
Oneida
counties over what the Mohawks have accomplished during State hearings on the various land claims. In July of last year, Congress held an oversight hearing on the land claims in
New York
. In written testimony, both the Governor and the representative from the New York State Association of Counties advocated for negotiated solutions to land claims.
“The land claim settlement is a win-win resolution of the land claim,” stated Chief Ransom. “There are important benefits to the County that should not be so easily dismissed,” he added.
Under the terms of the legislation being proposed by the Governor, St. Lawrence County will continue to receive the equivalent county property taxes from the State after Mohawks purchase property in the settlement area. In addition, the County will receive an annual $2 million impact payment that includes 2% interest increase beginning the second year. The settlement also brings an end to disputes over title to property within the claim area and it ends years of costly litigation.
“The County walking away at this point does not make practical or economic sense given the many benefits of the settlement and the positive changes, that they requested, in the proposed new bill,” concluded Chief White.