http://www.fltimes.com/Main.asp?SectionID=38&SubSectionID=121&ArticleID=9767 Monday, October 03, 2005 California congressman wants an end to land claims By DENISE M. CHAMPAGNE Finger Lakes Times dchampagne@fltimes.com A California congressman plans to do what he claims New York leaders have not — settle the various Indian land claims. Republican Rep. Richard Pombo, who chairs the House Committee on Resources, which maintains jurisdiction over Native American issues, has announced he plans to bring a resolution to local communities and Indian tribes. “These land claims have gone on too long, clouding property owners’ title and leaving Indian tribes without just resolution,� Pombo said in a press release. “Some New York officials have failed to address these important issues and, in order to be fair, the committee will intervene and bring a solution to both landowners and tribes.� The New York Indian land claims, dating back to the 1790s, are the largest and longest-running in the nation, Pombo said, noting that both sides have litigated them in federal courts the past three decades and spent millions of dollars, with no end in sight. Pombo said his committee will begin work on legislation to settle the issue and looks forward to hearing from leaders of the New York delegation. “I think the New York congressmen who represent this area and our senators who represent this area are pretty well versed on the issues involved in the land claim,� said Paul Miller of Madison County, chairman of the New York State Association of Counties’ Committee on Native American Affairs and Gaming. He testified before Pombo’s committee at a July 14 oversight hearing in Washington on the “Status of Settling Recognized Tribes’ Land Claims in the State of New York.� His presence, on behalf of local governments, was at the urging of Reps. Sherwood Boehlert, R-24 of New Hartford, and John McHugh, R-23 or Pierrepont Manor. “At this point, no legislation has been drafted,� said Boehlert spokesperson Sam Marchio. Miller said he believes the most important thing is local involvement in any type of settlement negotiations. He presented several “principles of fairness� as a guide for future discussions, including: # Affected county governments must have a continuous presence and meaningful role in any negotiations, with legislative approval as a precondition for support. # Any land that tribes seek jurisdiction over must be within easily recognizable boundaries, compact, contiguous and consistent with anti-checkerboard principles outlined by the U.S. Supreme Court. # Local governments must be compensated for any loss of jurisdiction, tax revenue and related expenses with federal and/or state money, supplemented by fair tribal contributions. # Tribal enterprises should not be allowed to compete unfairly against non-Indian businesses or interfere with state and local revenue streams. # Any resolution must be enforceable with waivers of sovereign immunity and designated venues for dispute resolution. # All tribal parties willing to negotiate in good faith should be heard. “I hope (Pombo) takes my testimony to heart,� Miller said. “I think the lack of cooperation on the part of some of the tribes is a good reason why there has been no resolution over these long-standing land claims. “Tribal demands have gotten more preposterous. There needs to be a straight-face test for whatever resolution is developed for these land claims and I think without local involvement at the beginning of the process, you’re going to fail.� Miller said any resolution has to be fair to everybody involved and satisfying some of the tribal demands would not be fair. “The idea that tribal homelands can be re-established where none have existed for the last 200 years is a pretty bold move, and I don’t think it’s well-advised,� he said. Seneca County Board of Supervisors Chairman Robert Shipley is also adamant about local involvement in any settlement talks. He did not attend the hearing, but sent in written testimony outlining the county’s history in the 25-year-old land claim to 64,015 acres in Seneca and Cayuga counties, filed by the Cayuga Indian Nation of New York. The Seneca-Cayuga Tribe of Oklahoma joined the case in 1981. Shipley says the board endorses Indian-operated casinos in the Catskills for each tribe to settle the land claim, as long as each gives up any claim to land in Seneca and Cayuga counties, including trying to get it placed into federal trust. No representative was present at the hearing from the Cayuga Indian Nation of New York, which owns land and two businesses each in Seneca Falls and Union Springs, Cayuga County. LeRoy Howard, chief of the Seneca-Cayuga Tribe of Oklahoma, testified that the New York case is unique and should not be addressed in the committee’s draft bill. He also outlined the history of the land claim and indicated he would still like a November agreement with the state for a Catskills casino to be honored. Saleem Cheeks, a spokesperson for Gov. George Pataki, has said there are no negotiations going on between the Nation, tribe and state to settle the 1980 land claim, which was thrown out of court June 28 by the 2nd U.S. Circuit Court of Appeals in Manhattan. The nation has applied to be heard by the U.S. Supreme Court, which ruled against the Oneida Indian Nation of New York in March. “Congressional action to extinguish the New York Indian land claims at no further cost to homeowners, businesses and taxpayers in New York state is long overdue, particularly in light of the recent Cayuga decision,� Cheeks said. “Congress, however, has not specified which land claims it would seek to settle.� LeRoy refers to the decision as telling the tribe, ‘Your lands were taken illegally, but it would be unfair to the state to let you do anything about it.’ “We find that decision wrong and insulting, and we intend to fight on in the courts and do everything we can to have that decision overturned,� LeRoy says. �At the same time, though, we are still willing to settle this case on the terms of our Nov. 12, 2004 settlement agreement with the state.� Pombo said since the hearing, New York officials still have taken no action.