Wednesday, October 20, 2010

NEW YORK LAWMAKERS BEHIND THE TRIBES?

Lawmakers back Seneca Nation in feud over gaming revenues
Monday, October 18, 2010

Lawmakers in New York are introducing a bill that would change how the Seneca Nation shares gaming revenues with the state.

The Class III gaming compact requires the tribe to share 25 percent of slot machine revenues with the state. Four lawmakers say the tribe should be able to send the money directly to affected communities.

"It's time that New York State respects you as a Sovereign Community, and a Nation," state Sen. Cathy Young (R) said at a press conference, WGRZ reported. "We need to cut out the bureaucracy and red tape."

Gov. David Paterson (D) has said he won't agree to the tribe's proposal

STORY TAKEN FROM www.indianz.com

Tuesday, October 19, 2010

MORE COURT CASES IN NEW YORK?

New York governor hints of resolution for tribal tobacco battle
Monday, October 18, 2010

New York Gov. David Paterson (D) is apparently trying to negotiate with tribes over the state's controversial tobacco tax.

Paterson imposed "emergency" regulations and supported a new law that passes on the state tax to tribal retailers. But in a series of rulings the federal courts have

“It’s time for decades of court battles to come to an end,” a spokesperson for the governor told the Associated Press.

The Seneca Nation, the Cayuga Nation, the Oneida Nation and the St. Regis Mohawk Tribe are all in court over the issue. All say the tax infringes on their sovereignty and interferes with existing regulatory systems.

At least three judges have issued rulings in favor of the tribes.

STORY TAKEN From www.indianz.com

Friday, October 15, 2010

SUPREME COURT TO HEAR ONEIDA LAND INTO TRUST CASE

Supreme Court agrees to hear Oneida Nation foreclosure case
Tuesday, October 12, 2010

The U.S. Supreme Court added its second Indian case to the docket today and agreed to hear Madison County v. Oneida Indian Nation.

In 2003, the Supreme Court ruled that the tribe must go through the land-into-process before asserting sovereignty on land it acquired in two counties. Following the decision, the tribe filed an application for 17,000 acres in Madison County and Oneida County.

While the Bureau of Indian Affairs was reviewing the application, the counties foreclosed on the tribe for failing to pay property taxes. But in a decision issued in April, the 2nd Circuit Court of Appeals said the tribe was protected by sovereign immunity.

Justice Sonia Sotomayor did not take part in the consideration of the petition, according to today's order sheet. She used to sit on the 2nd Circuit although she did not rule on any cases involving the Oneida Nation.

The order does not state whether Sotomayor will recuse herself from the case itself.

2nd Circuit Decision:

STORY TAKEN FROM www.indianz.com

Thursday, October 14, 2010

NEW YORK COUNTIES WANT TO ARGUE ONEIDA CASE IN COURT

Counties eager to argue Oneida Nation case at Supreme Court
Wednesday, October 13, 2010

Two counties in New York are happy the U.S. Supreme Court will hear a foreclosure dispute with the Oneida Nation.

Oneida County and Madison County brought foreclosure proceedings against the tribe for failing to pay property taxes. The 2nd Circuit Court of Appeals ruled against them but they convinced the Supreme Court to hear the case and now they are expecting good news.

“In general, we’re just really pleased,” Madison County Attorney John Campanie told The Oneida Dispatch.

The Supreme Court has ruled in three Oneida Nation land cases in the last 35 years. The last one, Sherrill v. Oneida Nation in 2005, led the tribe to file a land-into-trust application for 17,000 acres in the two counties.

The Bureau of Indian Affairs agreed to acquire about 13,000 acres in trust for the tribe, which would shield the land from property taxes. The foreclosure proceedings, however, were brought before the BIA made its decision, which is the subject of yet another lawsuit.

The 2nd Circuit ruled that the Oneida Nation's sovereign immunity protected it from the foreclosure proceedings. The Supreme Court agreed to consider the issue and to consider whether the Oneida Reservation has been disestablished or diminished.

STORY TAKEN FROM www.indianz.com

Wednesday, October 13, 2010

GOVERNOR OF NEW YORK CANIDATES ARE IN FAVOR OF TABACCO TAXES ON N.Y. RESERVATIONS?

Candidates for New York governor back tax on tribal tobacco
Monday, October 11, 2010

Both candidates for governor of New York say they will take a tough stance against tribes when it comes to tobacco.

Democrat Andrew Cuomo, who currently serves as attorney general, supports the state's effort to impose a tobacco tax on reservations. "I look forward to enforcing the law. I think it's been a long time coming," he told The Buffalo News.

Republican Carl Paladino, who has the backing of the Tea Party movement, feels the same way. He said he will send state troopers to reservations if tribes won't collect the tax.

"Let one [Indian protester] stand on top of a police car in my administration; it would be the last time they stood on top of a police car," Paladino said in a recent campaign appearance.

Nearly every tribe in the state has filed a lawsuit against the tobacco tax, which is currently on hold as a result of the litigation. Tribes say the tax violates their treaties and their right to self-governance.

STORY TAKEN FROM www.indianz.ocm

Monday, October 11, 2010

ARE THE SENECAS IN FOR ANOTHER SHOW DOWN WITH NEW YORK STATE?

Editorial: Seneca Nation in another showdown with New York
Monday, October 11, 2010

"New York State Governor David Paterson again finds himself in a battle with the Seneca Nation, a Native American group that enjoys special treaty rights and considers itself separate from the state.

The latest issue between the two groups is the state's claim that the Senecas owe over $200 million in revenue-sharing payments. The payments are required under a 2001 compact that permits the Senecas to operate three gambling casinos in Western New York, including the popular Seneca Niagara Casino in Niagara Falls.

If the Senecas fail to make the payments speedily, the state is threatening to shut the casinos down. That is quite the threat; the Seneca Niagara Casino is definitely one of the biggest attractions in the area and figures to bring in a whole lot more money than most other things around.

The state may try to temporarily shut the casinos down to scare the Senecas into paying up, but the editorial board feels that the state needs those casinos just as bad as the Senecas, making a permanent shutdown highly unlikely.

The Senecas are refusing to abide by the revenue-sharing agreement because they say the state has already breached the compact by violating the Senecas' exclusivity rights. To make it simple, the Seneca casinos are supposed to be the only form of legal gambling in the state."

STORY TAKEN FROM www.indianz.com

Friday, October 8, 2010

NEW YORK GOVERNOR THREATENS TO TERMINATE GAMING COMPACT

New York governor threatens to terminate Seneca gaming deal
Thursday, October 7, 2010

New York Gov. David Paterson (D) is threatening to terminate the Class III gaming compact with the Seneca Nation.

Paterson claims the tribe violated the compact when it withheld revenue-sharing payments from the state. His administration wants to meet with tribal leaders within 14 days to discuss the dispute.

"Accordingly, in absence of a prompt resolution to this matter, the state is entitled to terminate the nation-state gaming compact," Paterson’s chief counsel Peter Kiernan told the tribe in a letter, The Niagara Gazette reported.

The compact requires the tribe to share 25 percent of slot revenues with the state. The tribe has withheld $214 million because it said the state has allowed the expansion of non-Indian gaming.

STORY TAKEN FROM www.indianz.com

EDITORIAL FOOTNOTE: Is this what the Mohegans threatened the State of Connecticut? Could this happen here? What do you think?

Wednesday, October 6, 2010

SUPREME COURT REFUSES TO HEAR CAYUGA TOBACCO CASE

Supreme Court refuses Cayuga Nation tobacco taxation case
Tuesday, October 5, 2010

Two New York counties that have been fighting the Cayuga Nation over tobacco taxes got more bad news from the U.S. Supreme Court on Monday.

Cayuga County and Seneca County raided two tribal smokeshops in November 2008. The state's highest court ruled that the county's lacked jurisdiction on reservation land.

The counties asked the Supreme Court to hear the case but the justices, without comment, refused their petition. But Cayuga County is still pursuing criminal charges against the tribe despite the numerous losses in court.

The case declined by the Supreme Court is Gould v. Cayuga Indian Nation of New York.

STORY TAKEN FROM www.indianz.com

Tuesday, October 5, 2010

SHINNECOCKS GET A GOOD RULING FOR RECOGNITION

Shinneock Nation surprised by favorable ruling for recognition
Monday, October 4, 2010

The Shinnecock Nation of New York celebrated after the Interior Board of Indian Appeals on Friday rejected challenges to its federal recognition.

The IBIA said two groups could not show how they are affected by the tribe's status. The decision was as "a complete surprise" to the tribe because it came so soon in the process, trustee Lance Gumbs said.

"We knew that the Department of Interior had sent over a very, very strong brief to the IBIA in our favor, basically saying that neither one of the two interested parties had any status or merit. And I guess the IBIA took heed to that and finalized their decision today, "Gumbs told The Southampton Press.

The Bureau of Indian Affairs issued a final determination in favor of the tribe in June. The tribe's recognition was due to become effective a month later until the challenges were filed.

STORY TAKEN FROM www.indianz.com

EDITORIAL FOOTNOTE: This is a twist of fate, the indians are getting surrounded, like the old western days with the covered wagons forming circles. Over the last few years, casinos in Rhode Island, Massachusetts, New York and now Long Island. What is the Mohegan Sun going to do to keeps its market share? What is the Mohegan Tribal Council going to do? What do you think?

Monday, October 4, 2010

ONEIDA LAND INTO TRUST TO GO TO COURT OCTOBER 8TH

County waits for Supreme Court over Oneida Nation foreclosures
Wednesday, September 29, 2010

The U.S. Supreme Court hasn't added any new Indian law cases to its docket but Madison County hopes its foreclosure case against the Oneida Nation will be one of them.

In 2003, the Supreme Court ruled that the tribe must go through the land-into-process before asserting sovereignty on land it acquired in two counties. Following the decision, the tribe filed an application for 17,000 acres in Madison County and Oneida County.

While the Bureau of Indian Affairs was reviewing the application, the counties foreclosed on the tribe' for failing to pay property taxes. But in a decision issued in April, the 2nd Circuit Court of Appeals said the tribe was protected by sovereign immunity.

The counties appealed and the Supreme Court will consider their petition in Madison County v. Oneida Indian Nation on October 8.

STORY TAKEN FORM www.indianz.com

Friday, October 1, 2010

SHINNECOCKS PROMOTING A CASINO IN NEW YORK?

Shinnecock Nation pitches gaming as a boost to area's economy
Thursday, September 30, 2010

The Shinnecock Nation will restore the economy on Long Island, tribal gaming officials said on Wednesday.

The five-member Shinnecock Gaming Authority outlined plans for up to three casinos. One would be close to New York City, another would be in the middle of Long Island and the third would be closer to the reservation on the east end.

"Indian gaming is the path to economic recovery," secretary Phil Brown told members of the Long Island Real Estate Group, The Southampton Press reported. "Three gaming facilities on Long Island is a win-win for everybody."

The tribe has several hurdles to clear before pursuing gaming. First, a challenge to its federal recognition has to be resolved at the Bureau of Indian Affairs.

Second, the tribe has to acquire land in trust. The U.S. Supreme Court decision in Carcieri v. Salazar has raised doubts because the tribe may not have been "under federal jurisdiction" in 1934.

Finally, the tribe has to secure a Class III gaming compact. Tribal officials said they have been in discussions with the state for more than a year.

STORY TAKEN FROM www.indianz.com

EDITORIAL FOOTNOTE: What is the MTGA going to do about this? How will this affect gaming in Connecticut? What do you think?