Blackbear

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This Message Is Reprinted Under The Fair Use
Doctrine Of International Copyright Law:
_http://www4.law.cornell.edu/uscode/17/107.html_
(http://www4.law.cornell.edu/uscode/17/107.html)
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FROM: THE CITIZEN ONLINE NEWSPAPER
_http://www.auburnpub.com/articles/2005/07/02/news/news02.txt_
(http://www.auburnpub.com/articles/20...ews/news02.txt)
Tribe May Try To Keep Land Sovereign
By Amaris Elliott-Engel / The Citizen
The Seneca-Cayuga Tribe of Oklahoma's willingness to give up sovereign
status on its Aurelius properties could change.

The tribe will ask New York to renew its proposed settlement agreement past
its expiration date in September, but if the governor's office refuses to do
so, the tribe may apply to the federal government for their land to be held
in trust and considered sovereign, said Scott Wood, who sits on the tribe's
business committee and works as its legal counsel.

Both the Cayuga Nation and the Oneida Nation have applied for their lands to
be held in trust by the federal government following the Supreme Court's
Sherrill decision directing tribes to pursue that option. But the Seneca-Cayugas
have said they would pay taxes on their land in Aurelius and Montezuma in
order to honor their agreement with the state. The Seneca-Cayugas owe
$68,249.58 in property taxes.

Even though Gov. George Pataki withdrew the legislation in support of the
settlement agreement following the Sherrill decision, the agreement under which
the Seneca-Cayugas gave up the right to any sovereign land besides a
Catskills casino still stands until September.
Pataki officials were circumspect on whether the tribes' intent to request
an extension would be honored.

"We will review any requests after they are made," said Saleem Cheeks, a
Pataki spokesman.

"We want to honor our obligation to the state under that agreement. If they
do expire, it's possible we could take a different legal approach to that
land," Wood said, referring to applying for sovereign status through the
land-in-trust process or pursuing action through the tribe's zoning litigation
battle with the town of Aurelius.

The Seneca-Cayugas transferred their interest in a casino project in
Aurelius to the Catskills because of strong resistance from local officials, except
for Auburn Mayor Tim Lattimore, who saw the potential economic development
advantages, and Cayuga County Legislature Chairman Herb Marshall, who was
willing to listen and negotiate, Wood said.

They also focused on the Catskills because of their proximity to New York
City and because Cayuga Nation of New York leaders said they would never settle
their land claim if the Seneca-Cayugas had land in their claim area through
a settlement, Wood said. He hopes that opposition might change if Cayuga
Nation members Tim Twoguns and Gary Wheeler's May election effort successfully
make them the leaders of the tribe.

Despite the U.S. 2nd Circuit Court of Appeals' decision this week to dismiss
the Seneca-Cayugas' land claim, Wood wonders what would preclude the tribe
from filing solely for money damages.

The tribe's original land claim sought the return of the land and eviction
of current owners, and the courts eventually ruled they should be paid for
the value of the land with interest.

"You think initially 'Wow, this just ends all land claims.' But I had the
chance to read that decision several times now. I don't think land claims (are
over). The ones you see filed, however, won't have ejectment as the central
prayer for relief," Wood said.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 x282 or at
_amaris.elliot-engel@lee.net_ (mailto:amaris.elliot-engel@lee.net)

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