To the Editor:
As I understand it, the Turning Stone is an illegal casino; it’s a prerequisite that an Indian casino be on trust land (it is not) and casinos be allowed in New York.
Years ago, the Oneidas tried to take land into federal trust (tax-free status), and the U.S. Supreme Court found in 2005 that the Nation-owned land is taxable; however, the state failed to collect the taxes due.
The 40-year-old land claim was dismissed for good in 2011. The 20,000 landowners who were sued by the Oneidas won; the Oneidas received nothing.
Gov. Andrew Cuomo, however, advocated his New York state/Oneida Indian Nation Agreement contained in his state gaming bill as a way to end the land claim. Among other things, the bill will expand legalized casinos and the agreement will put approximately 25,000 acres in Central New York into trust, making the Turning Stone legal.
It’s apparent the governor wants to expand casino gambling, but why give the Oneidas trust land to end a land claim that was settled two years ago? Federalizing land will do much more than legalize the Oneidas’ casino. Other tribal lands may be put into trust. The Cayuga Nation has applied to take land in Cayuga and Seneca counties into trust.
As local laws do not apply to trust land, how will federal tribal land within our state, checker-boarding communities, affect our rights? Under the federal proposed rules for fracking, it won’t be the tribes that will decide whether to allow gas drilling or not; the Bureau of Land Management will regulate gas leasing.
Currently, the Environmental Protection Agency does not allow surface disposal of wastewater produced by oil and gas drilling in New York, but will it be? The EPA has Clean Water Act jurisdiction on tribal lands and is issuing permits for surface application of drilling wastewater in Wyoming, thereby, allowing the consumption of toxic fracking wastewater by wildlife and livestock.
Our counties will be driven further into debt, due to properties taken off the tax rolls. This settlement agreement allows the sheriff to deputize Oneidas; how will it be possible for the Oneidas to enforce laws that they do not participate in? Who controls the water rights, the roads and the power line rights-of-way, natural gas pipelines under and through these now federalized tribal lands?
Just as the SAFE Act was passed without public comment, citizens didn’t have input on the Settlement Agreement. All laws should be applied equally, and our rights, as established by the court cases we have won, should be upheld. Our government should not be making deals at the cost of our constitutional and legal rights.
Although the settlement deal will stand whether voters approve expanded casino gambling, there will be a public referendum. Please send a clear message to Mr. Cuomo in November by voting “NO” on the casino bill.
It’s time to stop passing legislation without our review.
Cheryl Cary, Canastota