Oneida Nation seeks trust status for land
April 13, 2005

By KRISTA KARCH
Observer-Disptach

Two weeks after a U.S. Supreme Court ruling gave the city of Sherrill the right to collect property taxes from the Oneida Indian Nation, the tribe believes it has a way to keep its property tax exempt.

After five years of litigation ended in defeat, the Nation has requested that the nearly 18,000 acres it owns outside its 32-acre reservation be transferred into federal trust.

"The Supreme Court detailed a road map for providing certainty regarding the Nation's rights in its lands, and the Nation is going to follow that roadmap," Nation spokesman Mark Emery said Tuesday in a news release.

The Nation estimates the process could last up to nine months, but others speculate it could take years. The process will include public hearings and studies of how the trust status -- and tax exemptions -- will affect the region. A spokeswoman for the Bureau of Indian Affairs could not be reached for comment Tuesday.

State Sen. Raymond Meier, R-Western, called for the rejection of what he called the Nation's attempt "to overturn the decision of the United States Supreme Court in the Sherrill case.

"It is not the right of federal bureaucrats to give away the hard-fought victory won by the leaders of the city of Sherrill," Meier said Tuesday in a news release.

Madison County officials said they were disappointed but not surprised at the announcement.

"Madison County will oppose their land-into-trust petition vigorously unless it results from a comprehensive land claim settlement," officials said in a news release.

Oneida County officials declined comment, saying they hadn't yet seen the announcement.

While the Supreme Court ruled by an 8-1 vote that the Nation must pay property taxes on land owned within the city of Sherrill, a reference to the federal Department of the Interior's power to hold land in trust for Indian tribes was buried in the 22-page decision. A federal decision to transfer the land to trust status is the "proper avenue" for the Nation to re-establish sovereignty within its land claim area, wrote Justice Ruth Bader Ginsburg in the majority opinion.

Local town and county officials say the ruling gave them the right to enforce codes and collect property and sales taxes. The town of Verona voted last week to hire an appraiser to determine the value of the Nation's Turning Stone Resort and Casino, which is within the town's borders. Town officials said property taxes on the casino could bring untold wealth to town coffers.

"This changes all the plans," town Supervisor David Reed said. "I don't want to spend any of the taxpayer's money for something that's going to be useless."

The Nation has battled over its claim to 250,000 acres of Central New York land for more than 30 years. Tuesday's announcement was the first substantive statement from the Nation since the Supreme Court ruling.