Land-claim report submitted to judge
Feb. 26, 2000

By PATRICK GANNON
Observer-Dispatch

A report suggesting whether or not Oneida Indian Nation land-claim negotiations should continue is in the hands of U.S. District Judge Neal McCurn.

The document would permit future negotiations or send the dispute to court, but what it says has not been released, and major players in the dispute say they haven’t seen the report.

Settlement master Ronald Riccio would not discuss details of his report Friday.

“It will be up to (McCurn) to decide what the next step will be,” Riccio said.

Earlier this week, Riccio said he would move to end the yearlong talks if significant progress wasn’t made. Four hours of intense negotiations in Syracuse Thursday did not produce any breakthroughs, prompting Riccio to submit the report.

If McCurn declares an impasse, the Oneida Nation land claim could go the way of a Cayuga Nation claim in Cayuga and Seneca counties. A jury last week recommended the Cayugas receive $36.9 million for lost ancestral lands.

With U.S. Justice Department support, the Oneidas are seeking remedy for some 250,000 acres of ancestral land taken through questionable treaties with New York state.

McCurn appointed Riccio last year to try to settle the dispute out of court after the Oneida Nation asked McCurn to include about 20,000 private landowners as defendants in their legal action.

Reaction from both sides of the negotiations was limited.

Oneida Indian Nation spokesman Mark Emery said Thursday Nation representatives would not comment until the contents of the report are revealed. Emery could not be reached Friday.

Oneida County Executive Ralph J. Eannace Jr. had not seen the report Friday, his executive assistant, David Pendergast, said.

Leon Koziol, attorney for Upstate Citizens for Equality, said Friday afternoon he sees the matter moving to court.

Koziol expects there is going to be an impasse, “based on the unyielding positions of the two parties.”