SAINT REGIS MOHAWK TRIBE RESPONDS TO SUPREME COURT’S REFUSAL TO HEAR CASE CHALLENGING INDIAN CASINOS IN NEW YORK
Calls For Increased Momentum On Development Of A Casino At Monticello Raceway

AKWESASNE , NY – The Saint Regis Mohawk Tribal Council is encouraged by the recent U.S. Supreme Court’s refusal to hear a case challenging the constitutionality of an October 2001New York State law that authorized expanding Native American casino gaming in the State. The court decision affirmed legislation supported by Governor George Pataki to allow up to six Indian-owned casinos across New York , including the St. Regis Mohawk Tribe's casino project planned for the Monticello Raceway in the Catskills region.

"This is tremendous news," said Chief Barbara A. Lazore. "The Supreme Court’s decision finally resolves this issue and is another step forward in our efforts to build a Catskill casino. We look forward to increasing momentum to our efforts to bring economic opportunities to the Tribe, Sullivan County and the State.”

The Tribe, in partnership with Empire Resorts, is proposing to build a $500 million casino in Sullivan County , located about ninety miles northwest of New York City . The facility will generate an estimated 5,000 permanent full-time jobs and an additional 2,650 direct construction related-jobs and 2,920 indirect construction related-jobs. It will build a stronger tourism industry in the Catskills with an estimated 6.6 million visitors expected in the first twelve months of operation. There will also be a projected benefit to the Akwesasne community immediately once the facility begins operation.

In May 2003, the New York Court of Appeals, the State’s highest court, also upheld the constitutionality of the October 2002 legislation. The Court of Appeals is New York States the final authority on interpretations of the State Constitution and ruled that federal law superceded local statues. Exceptions to allow for commercialized gaming are permitted for federally recognized tribes.

Tribal Chiefs Barbara A. Lazore and Lorraine M. White, along with leaders from Sullivan County, were in Albany, New York on November 7th urging Governor George Pataki to complete a step needed for the Tribe to construct a gaming facility at the Monticello Raceway in Sullivan County, which would bring economic stability to the Mohawk Tribe and finally deliver the promised jobs and opportunities to residents throughout the Catskills region.

Chief Lazore and Chief White called on the Governor to sign a “Letter of Concurrence” formally concurring with the BIA's "two-part determination" finding in April 2000 that the Mohawk's proposed facility at the Raceway would be beneficial to the long-term future of the Tribe as well as the economic growth of the Catskills region.

“In October 2001, the State Legislature authorized the Governor to negotiate compacts for tribal gaming facilities in the Catskills,” said Chief White. “The Supreme Court decision upholds the legality of this legislation and allows us to continue moving forward. We are continuing to seek the Governor’s concurrence and support for the Tribe’s decision to pursue a casino at the Monticello Raceway.

The Tribal Council is having ongoing discussions with the Department of the Interior to address any remaining issues. The Tribe has also previously submitted an Environmental Assessment in accordance with the National Environmental Policy Act (NEPA), which included a full Environmental Impact Statement under the State Environmental Quality Review Act (SEQRA). These studies were updated as recently as 2004 when the lead state and federal agencies reaffirmed their findings that the project will not have a significant negative impact on the environment.

Studies have also shown that the Monticello Raceway’s existing infrastructure can handle the Mohawk's proposed gaming facility and that there will be no adverse impacts on traffic and other municipal services. The Monticello Raceway is adjacent to a major highway and has already been allocated municipal water and sewer resources that will meet the facility’s requirements. The local power utility company has also made upgrades to the Raceway's power grid that will address the power needs of the proposed facility.

The Monticello Project is the most viable Catskills casino project for the Tribe and requires the Governor’s concurrence to take land-into-trust for the purpose of gaming. It also requires the Department of the Interior to conclude their environmental review and analysis to complete the Tribe’s land into-trust application.

Chief White added, “We are confident that progress continues to be made towards the resolution of any outstanding issues. The Tribe is ready to build a world-class gaming facility at Monticello Raceway, as the Governor was authorized to do by the State Legislature in October 2001. A Raceway casino will provide for the long-term welfare of our tribal members, while bringing thousands of jobs and economic opportunities to the people of Sullivan County .”

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