AKWESASNE , NY –The U.S. Court of Appeals for the Second Circuit ruled on Tuesday, June 28^th to dismiss a $248 million judgment awarded to the Cayuga Indian Nation of New York and the Seneca-Cayuga Tribe of Oklahoma for the illegal taking of lands. The controversial ruling overturns a previous ruling made by the District Court of the Northern District of New York against the State to correct past wrongs committed against Tribes more than 200 years ago.  

The St. Regis Mohawk Tribal Council views the court decision as having an adverse impact of many land claims across New York . The decision however, is based on an overly broad reading of the recent U.S. Supreme Court decision in the Sherrill case and the Tribe is confident if it is reviewed on appeal, it has a good chance of being reversed.

“The 2^nd Circuit Court of Appeal’s ruling is unjust and represents a severe blow to land claims in the State,” said Tribal Chief James W. Ransom. “Their decision goes directly against a 1985 U.S. Supreme Court decision that recognized the legal basis for Indian land claims in New York . It can be appealed and will continue to be litigated in the courts for several more years, thereby exposing all concerned parties to more uncertainty and exorbitant legal costs.”

The Tribal Council firmly believes that the negotiated settlement agreement the Akwesasne Mohawk leadership signed with Governor George Pataki, the New York Power Authority, and the counties of Franklin and St. Lawrence is still valid. The settlement is the result of cooperative efforts and the willingness to reach a resolution that benefits all the parties. The Tribal Council trusts Governor Pataki will honor the agreement he signed on February 1, 2005 .

The Mohawk land claim settlement is a negotiated agreement that will successfully resolve a 23-year-old land claim by addressing the illegal taking of lands, clearing title for homeowners, and providing an avenue to protect property tax bases of the impacted counties and municipalities. The terms of the agreement will be implemented for the benefit of the State, Akwesasne, and communities throughout the region.

According to Tribal Chief Barbara A. Lazore, “It’s a fair land claim settlement and adequately compensates local communities and benefits all concerned stakeholders.” She added, “The settlement agreement protects the interests of local governments and provides them with a foreseeable and guaranteed revenue source that they can plan for.”

Under the terms of the agreement, beginning on January 1, 2008 both Franklin and St. Lawrence Counties will receive $4 million each year in a community development fund, increased by two percent each year, in dealing with the fiscal impacts of this settlement. The settlement releases claims to Barnhart Island , the Grasse River meadows and the one-mile squares in Massena and Fort Covington , among other provisions. It also removes challenges to NYPA’s license or claims to any interest or rights to it.

“It is evident that there is wide-spread support for a Mohawk land claim settlement,” noted Ransom. “We’ve developed positive relationships with our neighboring communities and the negotiated agreement addresses their concerns. We’ve also worked cooperatively with the Governor’s Office and will continue working together in bringing finality to this issue.”

The Akwesasne Mohawk Land Claim Settlement is unique as it is the only settlement in the State that has all of the parties as signatories.  It represents a “win-win” agreement for the State and the Mohawks and has created a model for resolving land claims in New York . The settlement process included the involvement of the Akwesasne community, local governments and the State. As a result, both the Franklin and St. Lawrence County Legislature viewed the Mohawk settlement as being beneficial to their constituents and passed resolutions in favor of signing earlier this year.

“The benefits secured for surrounding communities and Akwesasne in the settlement offer will disappear if the State does not honor its agreement,” said Lazore. “The terms of the settlement agreement represents the future for our region and brings endless opportunities for our neighbors. We’re asking the Governor to do the honorable thing and continue supporting our settlement.”

The Governor signed the settlement agreement in February and the State Assembly ratified the settlement agreement last Thursday. The settlement failed to receive the support of Senate Majority Leader Joe Bruno due to the influence of out-of-state Tribes. The settlement bill will likely be reintroduced when the State Legislature reconvenes.