Federal land-claim money uncertain
Mar. 7, 2002

By TOM LAMBERT
Observer-Dispatch

UTICA — Gov. George E. Pataki said it was unclear if the federal government will pay its share of a proposed land-claim settlement.

And what could make a tumultuous situation even more so, the Wisconsin Oneidas will file 20 new lawsuits today in U.S. Northern District Court in Syracuse, the tribe’s counsel said Wednesday night. The new suits join the other 20 lawsuits filed last month.

The proposed land-claim settlement could be a moot point if the federal government isn’t able to come up with $250 million.

Trying to obtain federal support, members of Pataki’s staff went to Washington, D.C., to meet with Justice Department officials last Thursday, the governor said.

“We don’t have a firm commitment at this point,” Pataki said of the federal funding. “But the court has indicated there is federal liability and we believe there is. We are hopeful that the federal government can step up and meet its share.”

Pataki was in town Wednesday to announce the planned purchase of the City Center on Genesee Street by Utica National Insurance Group.

Under the proposed land-claim settlement made public Feb. 16, the state and federal government would split $500 million as part of a proposed settlement.

The Wisconsin Oneidas opposed the agreement, in large part because it does not provide them with any land within the disputed 250,000 acres in Oneida and Madison counties.

Arlinda Locklear, an attorney for the Wisconsin tribe, said Wednesday night about 20 more separate lawsuits would be filed against landowners within the land-claim area today and said more would be coming. She wasn’t sure how many total acres the new lawsuits would include, but they would be in the 650-acre range of the suits filed last month.

“I will keep on filing them until the tribe tells me not to proceed further,” Locklear said.

She added the Wisconsins, as they had before, promised no homeowners would be named in the suits that will involve commercial, industrial, agricultural, forested or abandoned land. But some defendants from the last batch of lawsuits have disputed that promise.

Pataki reinforced his stance to protect the homeowners the Oneida Wisconsins are suing.

“We intend to defend the homeowners vigorously,” Pataki said. “We will do everything we can to get these claims, that we think are without merit, dismissed ... (the homeowners) are going to have no costs or no liability — they should not be a part of this.”

Pataki has hired the New York City law firm of White & Case to defend area residents being sued. Pataki wouldn’t answer if the state would pick up the tab if homeowners decided to hire their own lawyers.

U.S. Sen. Charles E. Schumer, D-NY, has said the $250 million won’t be easy to obtain on the federal level. He said officials from the Department of Justice and Federal Bureau of Indian Affairs told him they didn’t have the money to put toward the settlement.

Schumer suggested that Pataki meet with President Bush to garner support for the federal money. The governor said as of Wednesday afternoon he had yet to meet with Bush, and wouldn’t answer if he planned on it.

Locklear said the tribe was pleased that Pataki was doing his duty for the property owners.

“But morally he is obliged to defend these property owners because he put them where they are,” Locklear said.

County Executive Ralph J. Eannace Jr. went to Washington, D.C., last week to meet with Schumer and U.S. Sen. Hillary Clinton, D-NY, to discuss the land-claim situation.

Eannace said he was still hopeful the federal government would come up with the $250 million.

“To me, they didn’t close the door on that at all,” Eannace said.

The only federal official to tell him he would support obtaining the money is Rep. Sherwood L. Boehlert, R-New Hartford, Eannace added.

Jerry Reed, media specialist for the New York Oneidas, said nothing has changed as far as the New York Oneidas are concerned.

“We continue to be in support of the agreement in principle,” Reed said.