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Trust land is not subject to taxation or regulation by states, towns, cities or school districts.
Lands omitted from the trust recommendation include 146 parcels that cover 4,284 acres.
The recommendation is called Alternative I in the final draft of the BIA's Environmental Impact Statement. The final decision, which will be made in 30 days will detail exactly which lands and parcels which the draft does not include. In the meantime, is the public comment period. Copies of the draft are available to study and can be found in Oneida City Hall or on the Web at: www.GPOaccess.gov/fr
The complete FEIS, is lengthy and detailed. Around 6,000 pages, it outlines Alternatives A-I, possible outcomes had they been chosen and why Alternative I was created. It also includes maps of the trust area, and goes into detail about the history of the land into trust process.
A group of representatives from Madison County was scheduled on a charter flight to Washington D.C. this morning to hear the announcement from Interior Associate Deputy Secretary James E. Cason. However, "the flight was canceled due to an ice storm" and instead the group learned the details in a conference call at 10:30 a.m., according to Board of Supervisors Chairman John Becker.
Alternative I recommends the following are put into Trust : four of 13 SavOn gas stations and convenience stores, the Turning Stone Casino and Resort and acreage surrounding it, 80 Nation member residences.
The alternative also includes 'significant cultural assets and facilities owned by Nation including the Shako:wi Cultural Center, Ray Elm Children and Elders Center, Village of White Pines, Three Sisters Traditional Croplands, all five of the Nation's golf courses and its black angus cattle farm.
The 4,284 acres of land left out of trust includes nine SavOn gas stations and convenience stores, a sand and gravel quarry, the wholesale distribution and warehouse facilities, public access marinas, CNY Fiberglass and Boat Repair, and leased farmland, 18 Nation member residential properties, some government services including offices housing the Nation's media relations staff and Indian Country Today newspaper, Member Services Department and security offices.
Also omitted are some cultural resource and archeological sites.
The SavOns that would not go into trust include the SavOn in Canastota, next to the Thruway as no land in the Village is part of the conveyance.
The SavOn on Patrick Road, across from the casino and the SavOn on the existing territory would be among those taken into trust.
The report states, in making the decision, the Associate Deputy Secretary of the Interior James Cason and the BIA considered:
* The purpose and use of the land,
* The impact that acquired lands and subsequent removal from tax rolls would have on the state, Oneida and Madison Counties
* Environmental impacts the land might have,
* Creation of "compact and contiguous" areas.
* Capability of the BIA to discharge its responsibilities with regard to the land into trust.
The report is a constant back-and-forth of figures and percentages.
If 13,086 sounds like too much land, how does 1.05 percent of the total area of both counties sound?
The 4,253 acres in Madison County represents 1 percent of the county acreage.
In Oneida County the 8,832 acres translates into 1.1 percent of the total.
The executive summary explains that "the BIA has selected Alternative I, which reflects a focus on the immediate and shorter-term needs of the Nation to reestablish a sovereign homeland and on the New York State and local government requests to consider a more compact and contiguous trust land."
In the decision the BIA has tried to keep trust land parcels near each other and within and area of 9 by 14 miles.
The summary also states "omission of these lands from trust should not be interpreted as an indication that the Nation is precluded from filing future applications to take the subject land into trust." That means that the door is open to the Nation submitting another request to put the 4,284 acres omitted and also buying parcels adjacent to trust land and applying to put in into the trust.
In Alternative I, there are no lands within the City of Sherrill, the towns of Vienna, Lenox, Sullivan Smithfield and Fenner and villages of Sylvan Beach, Canastota, Cazenovia to be conveyed into trust.
The Town of Vernon has 28 parcels comprising 1,891 acres or 7.8 percent of its area suggested for trust.
For the City of Oneida, 21 of the Nation owned parcels, approximately 1,016 acres, or 7.2 percent of the city land would be conveyed into trust. This figure includes the Nation's Village of White Pines housing complex.
The Town of Stockbridge takes the biggest hit with the largest area of Nation-owned rural lands and the quarry, 2,891 acres of land or 14.3 percent of Stockbridge would go into trust.
According to Oneida Mayor Peter Hedglon, "if these lands had been in trust, it would have cost the city approximately $100,000 in 2008 property taxes."
"This is a very complicated issue. Everyone wants to think about it before saying anything. Various municipalities and residents wish these issues were resolved," Hedglon said Friday. "At the current time we do not know which parcels go into trust. Until that time we won't know the impact on real property tax revenue for 2009. Worst case scenario is a loss of $315,000 which might have to be made up by raising taxes or reducing services.
"It's too early to make a comment," said Lenox Supervisor Rocco DiVeronica, "we have to do more review and research. We listened via conference call today and now we have to review the information."
"We are taking the go-slow approach, we have information to review," said Madison County Board of Supervisor John Becker, who recently sent a letter to the Nation requesting the door open between the county and the Nation.
"Apparently Alternative I isn't an answer at all. I am disappointed that the federal government has ruled against Oneida county and its partners," said state Sen. Joseph A. Griffo.
"I still believe a checkerboard of authority is against the best interests of the people of Oneida and Madison counties," Griffo said. "If the federal Department of Interior and the Bureau of Indian Affairs take this much land from tax rolls forever, and that the decision is allowed to stand, the counties, towns and school districts will be facing an urgent situation that calls for action on the sales tax to be collected."
"I am extremely disappointed about the acreage involved in this recommendation, and urge the department of interior to reject it," said sate Sen. David J. Valesky." This proposal will not solve the issue, and does nothing to address the local concerns about loss of tax revenue and the impact on local business."
"I now call upon he county board of legislature and the county executives in conjunction with Governor Eliot Spitzer to negotiate with the Oneida Indian Nation so that we may seize the moment and assert a position which deals with these difficult and challenging issues for the benefit of all residents in our region of the state," said Assemblywoman RoAnn Destito, "By doing so, we can avoid another 30 years of litigation and finally put and end to this local dispute."
Oneida County Legislator Mike Hennessy, who traveled to Washington for the announcement said, "whether for the one acre or 15,000, this is an infringement on New York state's sovereign rights and it's time for the governor and local state officials to fight this in the courts to protect our rights."
Oneida Indian Nation spokesperson, Mark Emery said "we are grateful for the Department of Interiors hard work during this process. Now is a good time to move beyond the negativity, and toward a better community for all of us."
