Copyright 2003 - Friday, December 12, 2003

Mediator's term extended in Oneida land-claim dispute

From staff and wire reports

ALBANY - A federal judge is giving an Albany attorney additional time to mediate the Oneida Indian land claim dispute with the state of New York.

It is the fourth time U.S. District Judge Lawrence Kahn has extended the term of mediator John Tabner, whose last term expired Nov. 28. His new term was extended to March 31. Kahn first appointed Tabner in May 2002 for three months.

Kahn has ordered that the details of the mediation talks remain confidential.

The Oneida Indians of New York, Wisconsin and Ontario are suing Madison and Oneida counties for the return of 250,000 acres the state purchased from the tribes in the 18th and 19th centuries. The suit was filed in 1974.

In February 2002, the New York Oneidas and the state announced a tentative settlement that would pay the three Oneida tribes $500 million.

The state and federal governments were supposed to split the payment but federal officials said earlier this year that the U.S. government would not be contributing $250 million, effectively killing the agreement.

In a related development, the state has dropped its fight against a lawsuit over the Oneida Indian Nation of New York's Turning Stone casino brought by a citizens' grass-roots group, Upstate Citizens for Equality.

The state attorney general decided to drop its challenge after the U.S. Supreme Court refused to hear a similar case involving the St. Regis Mohawks' casino in Hogansburg.

UCE has contended that the agreement that allowed Turning Stone to open was invalid because the state Legislature never approved it.

UCE lawyer Leon Koziol said the group wants the state and nation to revise the compact and require the Oneidas to make payments to governments.

A spokesman for the Oneida Indian Nation said the state's decision to drop its appeal would have little effect on the tribe.

"It's a non-event," spokesman Mark Emery said. "It's a typical legal procedure. The state can still appeal."

Contributing: Shawn Anderson, O-D; AP