SUBJECT:

PURPOSE:

The Governor's Office has recently executed “settlement agreements” with the Akwesasne Mohawks (February 1, 2005), the Stockbridge-Munsee Community Band of Mohican Indians (December 6, 2004), the Oneida Tribe of Indians of Wisconsin (December 6, 2004), the Cayuga Indian Nation of New York (November 17, 2004) and the Seneca-Cayuga Tribe of Oklahoma (November 12, 2004), and now seeks legislative ratification of these agreements.

The stated purpose of these agreements is to finally resolve all pending litigation concerning Mohawk, Oneida, Cayuga and Stockbridge-Munsee Indian land claims within the “Land Claim” area consisting of property in Seneca, Cayuga, Madison, Oneida, St. Lawrence and Franklin Counties.

These agreements call for substantial state monies to be paid to certain Indian nations or tribes (potentially up to $180 million). Additionally, these agreements would permit substantial amounts of land within the Land Claim area (approximately 60,000 acres in central and northern New York) to become “Indian Country.” “Indian Country” generally refers to a geographic area in which tribal and federal laws normally apply while state and local civil regulatory laws generally do not. In addition to potential land acquisitions, these agreements authorize five (5) Class III gaming casinos to be operated in Sullivan County; one to be operated by each of the five above identified Indian nations or tribes. As well, the implementing legislation would amend the Tax Law to authorize the Governor to create, by agreements, different excise, sales and use tax systems governing sales in Indian Country lands governed by effected tribes or nations.

The agreements call for the end of all pending and future litigation with respect to Indian land claims. The agreements also call for various reimbursement arrangements for all the New York counties which would suffer an economic impact as a result of the removal of Indian Country land from their real property tax rolls. “Hold harmless” provisions within the agreements call for all affected counties to be held harmless for any resulting losses in real property taxes they would suffer.

Because of the extensive legal, governmental, economic, environmental and other impacts associated with ratification of these agreements, the Assembly has called for three public hearings in or near effected areas of the state. These hearings are intended to provide a public forum for all who may be affected by ratification of these agreements. Inquiry will be directed at determining the breadth and scope of the wide-ranging proposals on New York State taxpayers.

February 23, 2005

Note:

Persons wishing to present pertinent testimony to the Committees at the joint public hearings should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation. Oral testimony will be limited to ten(10) minutes' duration and will be BY INVITATION ONLY. In preparing the order of witnesses, the Committees will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to the Committees' staff as early as possible. Thirty (30) copies of any prepared testimony should be submitted at the hearing registration desk.

The Committees would appreciate advance receipt of prepared statements. In order to further publicize these hearings, please inform interested parties and organizations of the Committees' interest in receiving testimony from all sources. In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

IN ADDITION TO GENERAL PUBLIC INPUT, THE FOLLOWING ARE SELECT QUESTIONS TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

Indian Nations:

1. What benefits/detriments will inure to Indian nations involved as parties to these agreements by ratification of these agreements?

2. What effect will ratification of these agreements have on Indian nations not involved as parties to these agreements?

3. What are the consequences of allowing out of state tribes to establish a “governmental presence” in New York State?

Governor's staff and outside negotiators:

1. Why were agreements negotiated with Indian nations who have not had a presence in New York State for hundreds of years?

2. What negotiation or dialogue was undertaken with other non-party Indian nations with respect to the terms and effects of these agreements on them?

3. How were the various amounts provided for the various counties to mitigate the real property tax losses calculated?

4. What recourse, if any, will local governments have if the remuneration provided for and the “hold harmless” agreements are not adequate in the future?

5. What systems and protocols insure that “tax parity”, “price parity”, or “trade” agreements will be enforceable and enforced?

6. What is the current status of each existing land claim litigation to be resolved by this legislation?

7. What effect will the pending decision in the City of Sherrill case have on the actions proposed in these agreements?

8. How were the economic projections related to the 5 casinos to be built in Sullivan County calculated?

Local Government Officials:

1. Do these agreements adequately alleviate your lost real property tax revenue in perpetuity? If so, on what basis was this determination made? If not, what is needed to do so?

2. What effect will the additional numbers of people entering each county/city/town/village have on:

   1. existing roads and highways?

   2. existing transportation services?

   3. existing hotels, restaurants and other retail services?

   4. other local government services such as waste removal, water supplies and sewage treatment facilities?

   5. existing school facilities?

   6. existing housing?

3. What additional costs will each county/city/town/village have to incur to accommodate the additional numbers of people using your local facilities and services?

4. What environmental effects are foreseeable as a result of ratification of these agreements?

5. What “impact fee“ or ”fund” will each county/city/town/village receive?

6. What, if any, other effects on each municipality are foreseeable?

Sullivan County issues:

1. Can Sullivan County support 5 Class III gaming casinos? On what evidence is such conclusion premised?

2. What will be the benefits to Sullivan County and New York State, generally, from the operation of these 5 casinos?

Non-Indian real property owner issues:

1. How will the property rights of local private property owners be affected by ratification of these agreements?

2. How will the property rights of local private property owners be affected if these agreements are not ratified?

3. How has the current uncertainty and litigation affected your property rights, benefits and liabilities?

PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the joint public hearing on “Indian Land Claim Settlement Agreements” are requested to complete this reply form as soon as possible and mail, email or fax it to:

Richard Ancowitz, Counsel
Assembly Committee on Judiciary
Room 831, Legislative Office Building
Albany, New York 12248
Email: ancowir@assembly.state.ny.us
Phone: (518)455-5462
Fax: (518)455-5752

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