Land-claim parties meet today
June 9, 2000

By R. PATRICK CORBETT
Observer-Dispatch

The two-decades old Oneida land claim could be settled in the next 48 hours, Oneida County Executive Ralph Eannace Jr. said.

U.S. District Court Judge Neal P. McCurn calls the parties into his courtroom today to give them one more chance to settle their differences out of court.

After a brief public session in his courtroom, McCurn will send the lawyers and decision-makers for all sides in the case behind closed doors to try to hammer out a basic agreement.

If that strategy produces results, the judge would give them 60 days to work out the details of a settlement. The Oneida Indians want compensation for 250,000 acres in Oneida and Madison counties that they claim the state wrongfully acquired from their ancestors.

“This weekend is pivotal,” Eannace said Wednesday. “It is the deciding time in these negotiations.”

The talks have come close to collapsing twice in the past 16 months.

Court-appointed Settlement Master Ronald Riccio declared an impasse in the talks two months ago, but he said he is willing to try once more to bring the parties together.

Joining him will be Oneida and Madison county officials and lawyers and representatives of three Oneida Indian nations, New York State and the U.S. Justice Department.

Most of the parties have said they would prefer a negotiated settlement, because a court ruling would leave legal threads dangling for generations to come.

The court’s task would be to determine how much money and land the Oneidas should be awarded because the state wrongfully took their land in the late 18th and early 19th centuries.

The court would not settle other critical issues such as property and sales taxes, casino operations and the relationship between the Oneidas and local and state governments. Those points could be addressed only in a negotiated settlement, however.

McCurn’s law clerk said the judge would hear from the parties in open court and make a public statement this morning.

The judge then will meet privately with the parties to establish the negotiating ground rules and the negotiators will move directly to the bargaining table, the clerk said.

Eannace said, “Judge McCurn is saying he’ll give us this opportunity, and if we can work out (a general agreement) in one or two days he will give us time to put a full settlement package together.”

Oneida Indian Nation of New York Representative Raymond Halbritter has said consistently that he wants to negotiate the claim, not litigate it.

“We are going to continue to do all we can to resolve this matter,” said Michael McKeon, spokesman for Gov. George Pataki. “Hopefully the Oneidas will stay at the table.”

The Oneidas deny that they were responsible for the talks ending in April, and point to the fact that since then they have suggested several settlement ideas to McCurn and have offered to lift the threat of penalties against landowners inthe claim area.

“The Oneida Nation is continuing to work hard for a negotiated settlement,” spokesman Mark Emery said Thursday. “The Nation hopes the state and the counties want to reach a negotiated settlement and urges them to sign the stipulation agreement (regarding landowner protections) as well,” he said.

The counties have refused to sign the stipulation because it could be withdrawn if a settlement were challenged later.

Eannace said he does not know where or when the actual negotiations will take place Friday and possibly Saturday or what the ground rules for the talks will be.

“There are no details. The format is whatever it takes,” he said. “All I know is I’ve got two days clear.”

He said, “If we can’t make substantial resolution on the land cap and sales tax and (if the state and Oneidas) can’t resolve the gaming issues or put aside gaming issues this weekend, we may not have this opportunity again.”

The Oneidas deny that they were responsible for the talks ending in April, and point to the fact that since then they have suggested several settlement ideas to McCurn and have offered to lift the threat of penalties against landowners in the claim area.

“The Oneida Nation is continuing to work hard for a negotiated settlement,” spokesman Mark Emery said Thursday. “The Nation hopes the state and the counties want to reach a negotiated settlement and urges them to sign the stipulation agreement (regarding landowner protections) as well,” he said.

The counties have refused to sign the stipulation because it could be withdrawn if a settlement were challenged later.

Eannace said he does not know where or when the actual negotiations will take place Friday and possibly Saturday or what the ground rules for the talks will be.

“There are no details. The format is whatever it takes,” he said. “All I know is I’ve got two days clear.”

He said, “If we can’t make substantial resolution on the land cap and sales tax and (if the state and Oneidas) can’t resolve the gaming issues or put aside gaming issues this weekend, we may not have this opportunity again.”