Local officials prepare for lawsuits
on land decision

By Elizabeth Cooper
The Utica Observer-Dispatch

UTICA, N.Y. — Local officials are calling for lawsuits over the U.S. Department of the Interior’s decision to place 13,004 acres of Oneida Indian Nation land into trust.

But so far, New York state hasn’t said what its plans are.

“Right now we are reviewing the decision,” said Morgan Hook, a spokesman for Gov. David Paterson said. “It would have been preferable if negotiations had taken place before this decision was issued. However, while it does make those negotiations more difficult moving forward, we are hopeful the tribe and the localities will make every effort before the land is taken into trust.”

Asked about the possibility of a lawsuit, Oneida Nation spokesman Mark Emery referred to a statement released by the Nation after the decision was released Tuesday.

“Ongoing future disagreements may be resolved through a reasonable negotiation process,” the statement said. “A settlement, of course, will require all parties to make compromises. For our part, the Oneida people are willing to do so.”

State Attorney General Andrew Cuomo has said he might file suit against the federal government over the decision, depending on its specifics. His office did not immediately return a call Wednesday.

On Wednesday, a group of about 10 officials from western Oneida County convened a news conference to announce they had written a letter to Paterson asking him to file a motion in federal courts to begin the process to reverse the decision.

“We will put our faith and conviction with the U.S. Supreme Court,” said Michael Hennessy of Sherrill, Democratic minority leader of the Oneida County Board of Legislators.
Oneida County Executive Anthony Picente said he believes the state will sue, along with Madison and Oneida counties.

“That’s basically what will happen,” he said. But, he added, if there are negotiations, “the state has to be at the table.”

Meanwhile, Upstate Citizens for Equality, a local citizens group that opposes land going into trust, has its own lawsuit ready to go.

“It’s virtually ready to file,” organization President David Vickers said.

His suit attacks the Interior Department’s decision on the grounds that “taking land from the sovereign state of New York is an unconstitutional land grab.”

One local resident at the western Oneida County news conference said he didn’t think negotiations would work.
John Schneider, who has property abutting Nation land, said he was worried about the future of area taxpayers.

“I think it’s very important that we don’t negotiate and we let the legal system take its run at it,” he said.