Akwesasne The St. Regis Mohawk Tribal Council released a strong statement today clearly differentiating the Akwesasne Mohawk land claim from the Sherrill and Cayuga court decisions. The Tribal Council continues to support a negotiated settlement to land claims and asks all parties that signed the agreement last year to continue moving forward with its ratification.
Central to the Sherrill v. the Oneida Indian Nation of New York decision was the Supreme Court’s determination of the non-Indian character of the
Oneida
land claim area, the potential disruption of the delivery of the regulatory authority by
New York
State
and its counties and towns, and the
Oneida
’s long delay in seeking judicial relief.
The Sherrill decision states:
“Given the longstanding, distinctly non-Indian character of the area and its inhabitants, the regulatory authority constantly exercised by New York State and its counties and towns, and the Oneidas long delay in seeking judicial relief against parties other than the United States, we hold that the Tribe cannot unilaterally revive its ancient sovereignty, in whole or in part, over the parcels at issue.”
“There is strong evidence to support the Indian character of our land claim area versus the
Oneida
and Cayuga claim areas,” said Tribal Chief James W. Ransom. “Our proposed resolution of the claim is a mutually agreed-upon settlement, not unilateral tribal action,” Chief Ransom referred to several ways in which the Akwesasne Mohawk claim area stands in sharp contrast to the
Oneida
and Cayuga claim areas.
These distinctions include:
· The sizeable Akwesasne Mohawk population with nearly 12,000 enrolled tribal members in the area, including 2,687individuals reported as living on the reservation in the 2000 U.S. Census. (A number that was underreported at that time, with approximately 5,600 tribal members in 2000). Neither the Oneida Indian Nation nor the Cayuga Indian Nation populations was reported in the 2000 Census, although they numbered in the several hundreds.
· The large percentage of the population that is Mohawk. Combining the population of the two local towns (
Fort
Covington
and
Bombay
) impacted by the Akwesasne Mohawk land claim indicates that Mohawks comprise 54%, or the majority, population for a large part of the claim area.
· The large percentage of land in the claim area that is Mohawk-owned. 67.6% of the property located in the Hogansburg Triangle portion of the land claim area is already owned by Akwesasne Mohawks. The other 31.4% is owned by non-Indians, with the vast majority being absentee owners that do no reside in the area.
· The large percentage of Mohawk students in local schools. Akwesasne Mohawks comprise well over 60% of the student population for the
Salmon River
Central
School District
, making it the only public school district in the State with a majority Indian student population.
· The strong, continuing Mohawk cultural connection to the land claim area. Mohawks continue to know
Bombay
as “Wahtakôn:ni” (slipper factory) and
Fort
Covington
as “Kentsia'kowàhne” (place of the big fish or sturgeon), for example. Polly’s Gut off of Massena Point is known as “Tsitekiatewehnokwahôn:tere” (where the islands are joined).
· The size of the existing federally recognized St. Regis Mohawk reservation in excess of 14,000 acres in comparison to the 32 acres recognized for the
Oneidas
and the zero acres of the Cayugas.
· The low population density in the area. The
New York
State
average for persons per-square-mile is 408 persons per-square-mile. The St. Lawrence County has an average of 42 persons per-square-mile and
Franklin
County
has 31 persons per-square-mile. The population on the St. Regis Mohawk Reservation averages over 100 persons per-square-mile. This indicates the rural nature of the Akwesasne Mohawk claim area and the strong Mohawk presence.
“There is strong evidence to show that Akwesasne Mohawks have been and continue to exercise good governance in cooperation with local governments and the State within our claim area,” said Tribal Chief Barbara A. Lazore. Chief Lazore referred to governance in and around the existing reservation and the vital role of Akwesasne Mohawks.
Aside from what the Akwesasne Mohawks provide, there is little public infrastructure within much of the claim area, and little zoning or land use regulation. In addition, the Akwesasne Mohawks maintain strong regulatory standards and provide high-quality services. It is more than likely that any continued and future initiatives of Akwesasne Mohawks will be an enhancement to the area.
The Tribal Council noted that:
· The Akwesasne Mohawks have in place public health codes, ordinances, and policies. The St. Regis Mohawk Tribe has a food handling ordinance, a policy prohibiting smoking in all governmental buildings, a tobacco ordinance, including restrictions on the sale of tobacco products to minors, a petroleum fuel ordinance, and environmental regulations that exceed State standards.
· The St. Regis Mohawk Tribe’s Compliance Department has the equipment and training to ensure compliance with weights and measures. Training has been provided by
Franklin
County
.
· The Tribe adopted the International Building Codes in 1999 and constructs all Tribal buildings to New York State Building Code standards.
· The Tribe’s Emergency Planning Office coordinates its activities with state and local governments. It is presently working with
Franklin
County
and the state in preparing a regional pandemic flu plan.
· The Akwesasne Mohawks operate a 50-member volunteer fire department. The Fire Department is part of the
Franklin
County
mutual aid system and is contracted by the Town of
Bombay
to provide fire coverage for the Hogansburg Triangle area of the land claim.
· The Tribal Police Force is the only Tribal Police to be certified by the Superintendent of the New York State Police. Its jurisdictional boundaries include significant parts of the land claim.
· The Tribe operates a nationally recognized Environmental Program that recently received a national award from the U.S. Environmental Protection Agency for its leading work.
· The Tribe has been working to provide public infrastructure throughout the reservation including part of the claim area. The Tribe operates a state of the art $2.5 million water treatment plant that has a capacity to produce 1,000,000 gallons of water.
· The Tribe provides for the delivery of comprehensive health care services including a medical clinic, dental clinic, and medical laboratory. The Tribe has excellent relationships with neighboring hospitals in Franklin and St. Lawrence Counties.
"We disagree with the findings of the
Oneida
and Cayuga court decisions in that we [Mohawks] have not unreasonably delayed in asserting our claims for the land," stated Tribal Chief Lorraine M. White. "In addition to this discrepancy, there are other unique circumstances that differentiate us from the
Oneida
and Cayuga claims," she added. Chief White was referring to the efforts of the Akwesasne Mohawks to assert their claim and the numerous obstacles that have been placed in their path.
The Akwesasne Mohawks continue to believe that the Akwesasne Mohawk Land Claim settlement signed by all of the parties remains the best solution for its claim. There are a number of substantial benefits from that settlement that cannot be achieved in court, including clearing up of titles and the uncertainty over land ownership, creating an atmosphere for improved relationships between the Akwesasne Mohawks and their neighbors, and financial benefits and land management roles for local governments.
“Our land claim is distinguishable from other claims in the state,” stated the St. Regis Mohawk Tribal Council. “Our land claim settlement was negotiated in good faith and represents a win-win solution for all parties involved. We hope our neighbors and the state will continue to honor their signatures to the settlement and assist us in moving the settlement forward so that the many benefits it will bring can begin flowing to
North Country
communities as soon as possible,” they concluded.