- Thursday, December 14, 2006

Oneida Nation's land-into-trust hearing today

By ELIZABETH COOPER

Observer-Dispatch

ecooper@utica.gannett.com

Today's your final chance to publicly speak out about the Oneida Indian Nation's land-into-trust plan.

The U.S. Bureau of Indian Affairs is holding a public hearing on the issue from 3 to 10 p.m today at the Stanley Theatre in Utica.

The Oneidas have applied to place 17,370 acres of their non-reservation land into federal Indian Trust. If the Bureau of Indian Affairs and the U.S. Department of the Interior approve the application, the land will become exempt from state and local taxes and regulations.

The hearing comes soon after a Bureau of Indian Affairs Draft Environmental Impact Statement on the issue. The paper presented seven alternatives, ranging from placing 35,000 acres into trust to putting none into trust.

The Nation, which owns Turning Stone Resort and Casino, declined to comment about today's hearing. Spokesman Mark Emery, though, said a Nation representative would speak at the hearing.

Because Turning Stone is not on a federal reservation and does not have a valid state compact, its legality is in question. If the land it is on goes into trust, that problem would be solved.

Many local government officials have opposed the land-into-trust plan and instead are pushing for a return to the negotiating table.

"I continue to believe the best way to resolve this issue is with a locally negotiated settlement," said state Sen. David Valesky, D-Oneida, in an e-mail. "A locally negotiated settlement is the only way we will be able to address taxation issues, reduce (jurisdictional) checker-boarding and preserve the thousands of jobs that may be at stake."

David Vickers, president of Upstate Citizens for Equality, which opposes the land-into-trust plan, said he planned to attend the hearing.

"What's at stake here is the continuing integrity of New York state," he said. If the Oneidas' land goes into trust, there's no telling what legal codes they will implement or whether they will be compatible with New York's laws, he said.

Some residents in Western Oneida County said they didn't plan on attending the hearing, but did share their views about the Oneidas' relationship with the community.

George Eggen, owner of the Verona Hotel, which is about half a mile from the casino, said he'd like to see a negotiated settlement, rather than having the land go into trust.

"The last thing I'd want is anything that would hurt the casino," he said, adding that the casino has helped his business. "I think that they should share in the expenses of our community as a whole.

"It doesn't necessarily have to be put as a tax, I don't have a problem with a covenant, but they should pay their fair share," he said. "That's the negotiating part."

The Draft Environmental Impact Statement did not examine the possibility of a negotiated settlement. That idea was listed in a group categorized as "impractical, unfeasible, unreasonable or too speculative to warrant analysis."

Indian Affairs spokeswoman Nedra Darling said the bureau was making this hearing longer than previous ones so more people would have the chance to speak.

"We've been told there are going to be a lot of people, so we want to make accommodations," she said.

The Issues

* The Oneidas have applied to place 17,370 acres of their non-reservation land into federal Indian Trust.

* If they get approval from the Bureau of Indian Affairs and the U.S. Department of the Interior, the land will become exempt from state and local taxes and regulations.

* Because the Nation's Turning Stone Casino is not on a federal reservation and does not have a valid state compact, its legality is in question. If the land it is on goes into trust, that problem would be solved. The Nation employs about 5,000 people, the majority of them at the casino.

* Many local officials have said other solutions could be found to save the casino than placing the land into trust. Oneida and Madison counties and New York state are opposed to the land-into-trust plan on the grounds that it would make permanent a difficult to govern jurisdictional checkerboard.

If you go

* What? Bureau of Indian Affairs public hearing regarding the Oneida Indian Nation's land-into-trust application.

* Where? The Stanley Theatre in Utica.

* When? From 3 to 10 p.m.

How it works

* There will be sign-up sheets where residents can list their names if they wish to speak.

* Representatives from the Bureau of Indian Affairs will give a brief presentation. Oneida Nation Representative Ray Halbritter will speak next, then a representative from New York state and the counties involved will speak. Other local officials also are invited to speak. After that, local residents will have their turn.

Written Comments

* People are encouraged to give written copies of their remarks to bureau officials for the record.

* The bureau will accept written comments until Jan. 8. Local officials are trying to get that date extended, but have not yet received word whether that will happen. Officials have also requested another hearing closer to the affected area, but have not yet gotten an answer on that either.