Saint Regis Mohawk Tribe

Frequently Asked Questions

Questions have routinely been asked concerning the basis of the land claims.  The basis of the land claim suit is that the State broke the Federal law, which was the 1790 Non-Intercourse Act. We are suing on this basis. The only reason we are in court right now is because Congress never approved the sales of these lands in the 1800’s. The lands were never stolen, they were sold.

Land in Trust

What is the concept of Federal Land in Trust as it relates to Akwesasne and the 39-acre parcel that has been taken into trust?

When land is taken into trust by the Federal government, it becomes inalienable, which means that it cannot be removed from reservation status by action of the State, individual members of the Tribe or the Tribal Council, without Congressional approval.  At Akwesasne, a large portion of the land reserved for our use by the Treaty of 1796 was lost in a series of illegal transactions in the early 1800’s.  Through the land in trust process, which includes a lengthy application process and environmental assessments, land is protected from ever being considered State or County property. Federal law does not require that the County (Franklin) or Town (Fort Covington) agree for land to be taken into trust; however it does allow a period of comment from individuals and local governments.  For the transfer station property, there was extensive litigation between the Department of Interior and the County and State that occurred before the land could be taken into trust. 

Where, specifically, is the 39-acre parcel in Fort Covington? What is on the property?

The 39-acre parcel is located in an agricultural area along County Route 43, within an area designated as reservation lands by the 1796 Treaty with the federal government. This land is utilized as a transfer station for the purpose of sorting and transferring solid waste to a landfill and is part of the Tribe's extensive solid waste program developed to prevent dumping, and to educate the community on environmentally responsible waste disposal.  During the land into trust process, extensive environmental studies were conducted to ensure that the use of the property met all applicable environmental standards.  It also contains an undeveloped wooded area. 

Is taking Land in Trust better than a negotiated final settlement agreement with the State and surrounding counties (Franklin and St. Lawrence County)?

The Saint Regis Mohawk Tribe has consistently stated it is our preference to have a negotiated settlement for our land claim that benefits both our people and our neighbors; the land in trust process began seven years ago for the 39-acre parcel.

Does the Tribe intend to initiate future Land in Trust applications?

The SRMT is initiating a second land in trust application to include both residential and commercial property owned by the tribe and tribal members. We are in the preliminary stages of identifying these properties with the intent of expanding our territory for our people to build homes and further develop commercial enterprise in the North Country. 

Where, specifically, are the residential and commercial properties that are being included in the second land to trust application?

We are in the preliminary stages of identifying these properties with the intent of expanding our territory for our people to build homes and further develop commercial enterprise to the North Country. After announcing the success of this initial acquisition at the monthly tribal meeting, several community members who live and own businesses within the boundaries of the reservation set aside by the 1796 Treaty expressed interest in having their lands taken into trust.

Chief Ron LaFrance says that "changes to federal law and policy" could allow the process to move forward faster. What are those changes, and how long do you think the next land-to-trust application will take?

In previous trust applications, the Department of Interior required that all legal challenges to the taking of the land into trust be exhausted prior to the decision being made to actually transfer the land.  The current Secretary of Indian Affairs changed that requirement and issued new regulations allowing the land to be transferred prior to litigation.  In addition, during the course of litigation, issues were raised as to whether Tribes in New York could utilize the land into trust provisions of the Indian Reorganization Act.  Those arguments have all been denied. 

Chief Paul Thompson says negotiated settlements are preferable to taking land into trust. Does applying for more land into trust put pressure on Franklin County to move forward with land claims negotiations? Is that the intent behind the second land-to-trust application?

The intent behind the second application is for the return of land to its rightful ownership and to provide for expansion of our home, Akwesasne. We’ve waited a long time for a final settlement agreement to be reached; the land in trust process has proven it is a viable option for us to reclaim our land and expand our territory. During the 26 years that the Tribe has been involved in litigation and settlement discussions, the County continues to foreclose on properties, and while not selling them, as they would other properties foreclosed on, they have taken legal title, but continued to assess taxes against these properties.  It is the responsibility of the Tribal Council to do what is necessary to prevent these actions from continuing during the course of settlement negotiations. We have, however, maintained that we prefer a negotiated settlement with our neighbors, including resolution of jurisdictional issues. Akwesasne is forever our home; returning our land and resolving our boundary issue remains paramount. 

How is the land claim connected to the land claims in Massena and Brasher Falls?

The Mohawk land claim includes property located within the boundary of both St. Lawrence County and Franklin County.

Please explain more about the land claims in Massena and Brasher Falls. Is the Saint Regis Mohawk Tribe is going to have to pay Brasher Falls, Massena, and St. Lawrence County?

Upon final settlement agreement, all payments to St. Lawrence County will be made by the State, with the exception of a one-time payment of $1.5 million from the Tribe to St. Lawrence County. The distribution of those funds will be the responsibility of St. Lawrence County.

The SRMT signed a Memorandum of Understanding between NY State, St. Lawrence County and NYPA in May of 2014. What is the status of the land claim and the negotiations between the State and Franklin County?

The MOU signed between the State, St. Lawrence County, NYPA and the Tribe was the first step in a long process that we hope, leads us to a final settlement agreement. The second step, as we anticipate, is for the State and Franklin County to come to similar terms as our neighbors in St. Lawrence County have done. The Tribe will not jeopardize negotiations by divulging any information concerning these discussions. Detailed information concerning the MOU is available on our website at www.resolvetheboundary.com, including benefits to St. Lawrence County and the Tribe.

Memorandum of Understanding (MOU)

What does the MOU mean for us?

We are a long way from a final settlement; this MOU is the first step towards having the opportunity to expand our territory, provide expanded educational opportunities for our children, and provide our people with a means to less expensive power. The priority for the Tribal Council and MCA in reaching agreement remains the ability to increase our land base for the benefit of generations to come.

What are the steps to a final agreement?

 

We should think of the MOU with St. Lawrence County as a stepping stone to expand our land base. The next step involves negotiations between New York State and Franklin County, and an MOU signed between the State, Franklin County and SRMT.  Once these two steps have been negotiated, a final settlement agreement will be required and an Act of Congress to expand the size of our reservation.

Why are we settling? What happens if we don’t settle?

This litigation has been in the courts for over 30 years.  During the last three decades, many settlement proposals and counter-proposals have been proposed and rejected, either by the Mohawks, or by the State and local governments. 

In 2005, all parties agreed to a settlement with terms very similar to the terms outlined in the recent MOU.  That settlement was never approved by the New York State Senate—this proposal provides additional incentive to local governments to accept negotiated settlement as the means to a resolution that benefits all parties—both Mohawk and non-Mohawk. 

As indicated by previous tribal leaders at a recent community meeting, the window on settlement is narrowing, and each time we return to the negotiation table, the State and local governments are less inclined to make concessions, as every court decision in the past 10 years has whittled away at Mohawk land claims.  The Mohawk claim is the only viable claim remaining in front of the federal courts in New York, and large portions of this claim have been dismissed and are on appeal. 

Why settle at all if we are winning in court?

The Saint Regis Mohawk Tribe has invested heavily in the North Country and sees great value in working collaboratively with local governments.  Tribal Council hopes that the local community agrees that a settlement of our differences that draws clear lines about land ownership, taxes, services and jurisdiction is in the best interest of both the Tribe and the surrounding counties.  We would like to work together but we cannot do this alone.   We believe that a settlement that benefits all parties financially and that provides clarity to governance and citizens on the title to their land will help to foster strong relationships among the communities.

Land Ownership / Title

Will tribal members living in the land claim areas who did not pay their property taxes over the past several years have to pay back taxes before the land is considered tribal land?

No. In the final settlement, the State is responsible for clearing up the title to land. Mohawk’s who have lost title for non-payment of taxes will regain their title and rightful ownership.

Will the non-natives living in the land claim areas have to pay taxes to the tribe?

Non-natives living in the settlement areas will continue to pay taxes to the State unless they wish to transfer their title to the Tribe.

Will the tribe take over the roads maintenance duties such as paving, repairs and plowing?

The Tribe is prepared to enter into agreement with municipalities to address those infrastructure requirements.

Is the tribe going to buy the land and then re-sell to enrolled tribal members?

Individual Akwesasne Mohawks or the Tribe will be able to purchase land from willing sellers. The Tribe will be reviewing policies to ensure that all Akwesasne Mohawks have fair opportunity to purchase property. 

What if people aren’t willing to sell their land, then what?

The agreement states the Tribe is to be notified of all lands within areas designated in the Settlement Agreement that may come up for sale or auction as a result of a foreclosure by the State or St. Lawrence County, and the Tribe is to be given a right of first refusal to purchase such parcels, at the assessed value without any applicable exemptions, as well as parcels in those areas that have passed to the State under the N.Y.S. Abandoned Property Law.

 Land will only be able to be purchased from willing sellers.  

How do we know they’re not going to increase the price of the land?

The Saint Regis Mohawk Tribe will develop provisions to assist in the purchase of property with every effort made to ensure fair market value. 

Why is it that Indians don’t pay property taxes on the reservation and why does the settlement continue this practice?

Indian land is not taxed because it is held differently under federal law.  Just like the federal government does not have to pay taxes on its land, tribal land is also not subject to tax. The federal government pays local communities in various types of funds that make up for the loss of taxes.  This settlement will do the same for the Counties. 

­­­Power/NYPA Agreement

What is included in NYPA’s settlement?

Under the terms of this MOU, NYPA has agreed to make payments to the Tribe of $2 million per year for 35 years, for a total of $70 million.

Why are we not getting free power?

 

It’s important to realize how close we are to this claim being dismissed. The reality of the future for our children and our long-term survival need to be considered. For the past three decades (30 years), we’ve asked for free power. This is what we’ve agreed upon, and the alternative is nothing but a loss in court.

Education/SUNY Tuition

When can students expect to have SUNY tuition be waived?

Upon final settlement, Mohawks enrolled at Akwesasne will be eligible for free SUNY tuition and mandatory fees.

Who is eligible for the tuition waiver?

The term, Mohawks enrolled at Akwesasne, includes members of the Saint Regis Mohawk Tribe, Mohawk Council of Ahkwesasne and of the Mohawk Nation Council of Chiefs regardless of residency.

What is included in the tuition waiver?

This is a tremendous opportunity for our people attain higher education.  The entire cost of tuition, room & board at SUNY institutions can be found at: http://www.suny.edu/smarttrack/tuition-and-fees/ .  Tuition and mandatory fees are included. This is not 100% of the entire expense a student will incur. Room and board are excluded.  Graduate and Post-graduate tuition are included.

How will students apply for the waiver?

Representatives of the Tribal Education Division will be working with students, parents and post-secondary programs (MCA) and the Mohawk Education Committee to develop a pathway for our students to take full advantage of this incredible opportunity.

Why are the Mohawks entitled to a free education?

The reason SUNY tuition is part of the settlement is because the State decided to offer non-monetary benefits to the Tribe so it did not have to pay state revenues in settlement, thereby avoiding a direct impact on the state budget.

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