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Feds say casino compact valid
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June 14, 2007
Leeanne Root, Dispatch Staff Writer
www.oneidadispatch.com
VERONA - The Department of the Interior announced Wednesday the 1993 gaming compact between the Oneida Indian Nation and then Gov. Mario Cuomo is valid.
Oneida Indian Nation Representative Ray Halbritter made the announcement: "Your jobs are safe!" to cheers and applause from gathered employees Wednesday at Turning Stone Resort Casino.
"The uncertainty and anxiety experienced by our 5,000 employees and their families are over," he said. "It's good that it's over. You want security, you want finality. Constantly raising challenges is not good for the community."
Paula Eddy, of Durhamville, a Turning Stone Casino employee since 1991, was excited that a decision had been reached.
"I have lived in this area all my life-I was going to be out of a job and have to move to another part of the country," she said. "There was a sigh of relief when we got the announcement."
In a letter from James Cason, the associate deputy secretary of the interior, to Oneida Nation Representative Ray Halbritter, Cason states that "After a proposed compact is submitted for review, the IGRA requires the Department to approve or disapprove the compact within 45 days. If the Secretary does not act within 45 days, the IGRA provides that the compact 'shall be considered to have been approved.'"
It goes on to say that the Indian Gaming Regulatory Act has no process to revoke an approved compact after the 45-day review period.
"Challenges to an approved compact must then be made under the Administrative Procedure Act within six years of publication, in this case June 16, 1999," Cason said in the letter. "Since no one challenged the secretary's decision in a timely manner or in the proper forum, the 1993 compact continues to be in effect for purposes of the IGRA."
State Assemblywoman RoAnn Destito, D-116, said the department's decision was the right one.
"The livelihood of so many Mohawk Valley residents rests upon the successful operation of the casino," she said. "The state and the Oneida Indian Nation have had their differences in the past and will continue to face challenges in the future, but the economic stability of our region needs to remain our central focus."
Rep. John McHugh said the federal government doesn't have the right to make such decisions.
"I don't believe a federal government bureaucracy can legally validate that which the state's highest court has struck down," he said. "Sadly, this decision further confuses the situation and perpetuates the clouds of doubt that far too long have hung over the people of Madison and Oneida Counties. Contrary to claims otherwise, no one wins through this ruling."
David Vickers, Upstate Citizens for Equality president, agrees that the federal government has no jurisdiction over the casino.
"The only jurisdiction the federal government agency would have is over a casino functioning on Indian land, the casino out in Oneida County is not on Indian land, the Sherrill Supreme Court ruling made that very clear," he said.
Madison County Attorney John Campanie agrees and said the Nation should pay taxes and follow New York state laws.
"They have to pay their fair share, they need to pay property taxes, which they're not, they need to collect and remit sales taxes on sales to non-Indians; not that they pay but that we pay when we do business with them," he said. "Until they do so they're failing to contribute to everything that makes them successful, all of that infrastructure that all of the other taxpayers pay for."
Campanie said that whether or not the compact is valid makes no difference because gaming is illegal in New York state.
"They need a new Class 3 gaming compact validly entered into by the state and that's the only way they're going to be able to game" he said.
After reading the letter from Cason, Campanie noted that it doesn't go into the issue of IGRA stating that gaming can only be conducted on Indian lands. And Turning Stone is not on Indian land.
He quoted a letter dated June 4, 1993 from then Assistant Secretary of the Department of the Interior for Indian Affairs Thomas Thompson:
"The compact authorizes gaming on Nation lands in general terms that paraphrase the IGRA definition of "Indian lands." These lands include the Nation's recognized 32-acre tract in Madison County near the City of Oneida, where gaming is currently being conducted. The compact does not specifically refer to the site where we understand the Nation has built a major new facility in anticipation of being able to conduct gaming in the future. Since the compact tracks the "Indian lands" definition of IGRA, we may not decide and take no position with respect to whether this new facility is on "Indian land" as that term is used in IGRA."
Taking the land into trust is another issue altogether, but is to be decided on this summer by another part of the Interior Department, the Bureau of Indian Affairs.
The Interior Department had encouraged the governor and the Nation to step up efforts to negotiate a new compact. Those talks broke down, reportedly over state demands the tribe pay a third of the take from gaming to the state, a higher rate than is paid by any other tribe in New York.
Under terms of the Cuomo compact, the tribe pays nothing.
Halbritter said he doesn't like the new governor's "bullying style."
"The state was trying to leverage 5,000 jobs to try to get us to pay them," he said. "We don't respond well to bullying - diplomacy works better than threats."
Vickers said he isn't happy with the new governor either, but for different reasons. His organization plans on filing a suit against Spitzer.
"The governor is charged with executing New York state law and making sure that the laws of the state are property enforced, he is not doing that," Vickers said. "He is allowing a violation of Article 1, Section 9 of New York's constitution to be violated by having the presence of illegal gambling there-he is violating tax laws whereby the taxes for property and schools need to be paid by businesses that are not exempt, the Oneidas are not exempt."
Representatives of Gov. Eliot Spitzer did not return calls in time for publication.
Halbritter noted agreements with local municipalities, including the cities of Oneida and Sherrill, have been made to make payments.
The Nation doesn't call the payments taxes, but the cities accept them as payment for the tribe's tax bills.
Halbritter said Wednesday he looks forward to working with other municipalities to make more agreements.
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