Governor's Press Release

June 9, 2005

GOVERNOR ANNOUNCES NEW LEGISLATION TO IMPLEMENT THE HISTORIC SETTLEMENT OF THE AKWESASNE MOHAWK LAND CLAIM

Agreement Would End More Than Two Decades of Litigation; Protect Upstate Landowners Reaffirms Commitment to Resolving the Oneida and Cayuga Claims

Governor George E. Pataki today announced that he is submitting legislation to the Legislature to approve the terms of the historic settlement agreement reached between the State and the Akwesasne Mohawks to settle the Mohawk Indian land claim. The agreement would effectively end decades of litigation involving approximately 12,000 acres of land in Northern New York, protect real property taxpayers in Franklin and St. Lawrence counties, and authorize the State to make annual payments to assist the affected local governments in the two counties.

"With only a handful of session days remaining in the current legislative session, fairness to the Akwesasne Mohawks and other affected parties dictates that we immediately move forward with this important legislation to approve the settlement agreement," Governor Pataki said. "The Mohawk Agreement already has been thoroughly reviewed following weeks of public hearings in both the Assembly and Senate and I urge both houses to act swiftly to pass this historic legislation."

While moving forward with this legislation to settle the Akwesasne Mohawk land claim, the Governor reaffirmed his commitment to reaching revised settlement terms on four other agreements that the State had made with the Seneca-Cayuga Tribe of Oklahoma, Cayuga Indian Nation of New York, Oneida Tribe of Indians of Wisconsin and Stockbridge-Munsee Community (a Band of Mohican Indians) related to the Cayuga and Oneida Indian land claims. Such agreements continue to be renegotiated in light of the U.S. Supreme Court's recent decision in the case of City of Sherrill vs. Oneida Indian Nation of New York. The Mohawk settlement agreement, however, is not affected by the Sherrill decision and the Governor is urging that it be approved by the State Legislature and Congress as soon as possible.

"The Mohawk land claim settlement would effectively end decades of litigation in a fair and comprehensive manner that protects the interests of local governments, landowners and taxpayers in Franklin and St. Lawrence Counties," the Governor said. "Nonetheless, we remain committed to resolving the Cayuga and Oneida Indian land claims, so that we can protect landowners in Central New York and avoid further costly and disruptive litigation."

In addition to implementing the terms of the settlement agreement between the State and Akwesasne Mohawks in early February, the Governor noted that the proposed legislation would also provide a framework for negotiating a separate trade agreement with the St. Regis Mohawk Tribe to resolve retail pricing and sales tax issues. Following legislative approval of the land claim settlement, the Governor would submit separate legislation to establish an environmental and community protection fund to receive revenue from any operating casino in the Catskills and be available to address remaining environmental and community impacts from such casino.

"We've always believed that the protection and enhancement of our communities and the environment can occur simultaneously with smart development," Governor Pataki said. "Any large project must be carefully designed and sited to avoid threatening our special community and environmental resources, and the environmental and community protection fund that I will propose will ensure that casino revenues will contribute to the protection and enhancement of the region."

The Akwesasne Mohawks are made up of the three bodies of tribal government that exist on the St. Regis Mohawk Reservation known as "Akwesasne." The oldest such body is the Mohawk Nation Council, which has its roots as one of the founding nations of the Haudenosaunee (Six Nations or Iroquois Confederacy). The St. Regis Mohawk Tribal Council was established in the early 19th century and is a federally recognized tribe whose members reside on the portion of Akwesasne located within Franklin County. The Mohawk Council of Akwesasne was established in the latter 19th century under the laws of Canada and its members reside on the Canadian side of Akwesasne. Each of these Mohawk tribal governments entered into the settlement agreement. The agreement was also signed by the Governor, the New York Power Authority and the counties of St. Lawrence and Franklin.

The State's comprehensive settlement agreement with the Akwesasne Mohawks would resolve decades of litigation involving the state, the counties, the New York Power Authority, the Mohawk Tribe and the federal government. In 1982, the Mohawks commenced the litigation against the State, the Governor, St. Lawrence and Franklin Counties, and other municipalities and entities claiming that they own and are entitled to possess certain land reserved to the Indians of the Village of St. Regis in the 1796 federal Treaty with the Seven Nations of Canada and later transferred to the State. The claimed lands include a six-mile square tract located in northern New York State, as well as land on or near the Grasse River in Massena. The Mohawks also sought a declaration that they own and are entitled to possess certain islands located in the St. Lawrence River that are now owned by the New York Power Authority including Barnhart Island which houses the St. Lawrence-FDR Power Project.

The terms of the historic land claim settlement agreement include:

• Beginning January 1, 2008, the State will pay to the Akwesasne Mohawks the sum of $30 million in five equal annual installments. In addition, the Power Authority will pay to the Akwesasne Mohawks the sum of $2 million per year for 35 years commencing ninety days after the effective date of the settlement.
• Beginning January 1, 2008, the state shall annually pay the sum of four million dollars (which sum, as compounded, shall be increased by 2% each year) to the counties of St. Lawrence and Franklin to be distributed pursuant to an agreement reached between the state, the counties of St. Lawrence and Franklin and the towns therein that include lands that may be acquired by the Akwesasne Mohawks pursuant to the Agreement.
• Also beginning January 1, 2008, in ten equal annual installments, the State will reimburse such counties for the principal amount of unpaid real property taxes ("back property taxes") that have accumulated during the land claim litigation.
• Additionally, the State will hold such counties and their affected towns, villages and other taxing districts harmless against any losses in real property taxes resulting from lands becoming reservation land pursuant to the Agreement (based upon the assessed value at the time of acquisition of such land by the Mohawks).
• The agreement will allow the Akwesasne Mohawks to acquire land as "Indian Country" within certain designated areas by purchase from willing sellers at fair market value or by a voluntary transfer. The total amount of land eligible to become "Indian Country" upon acquisition by the Akwesasne Mohawks is approximately 7000 acres. An additional amount of approximately 6,400 acres may be acquired as "Indian Country" with the concurrence of the county and town within which such land is located.
• The Power Authority would convey to the Akwesasne Mohawks the "Long Sault" and "Croil" Islands and 215 acres of land identified as the "Massena Point East Parcel."
• Any lands acquired outside of the areas designated pursuant to the settlement shall be held in fee by the Akwesasne Mohawks unless held in trust by the United States under federal law.
• The Akwesasne Mohawks currently use standard building codes that are at least as stringent as those contained in the International Building Codes when constructing public facilities. The Akwesasne Mohawks would agree to continue to utilize these standards.
• The Akwesasne Mohawks may adopt and enforce environmental regulations on the Reservation at least as strict as those contained in federal law and regulations (which federal law and regulations shall continue to apply to the same extent as on any other land that is Indian country). If the Akwesasne Mohawks adopt and enforce on the Reservation more stringent environmental laws and regulations, then such more stringent regulations shall apply only on the Reservation and not to non-Reservation lands.
• In making decisions as to the development and use of reservation land, the Akwesasne Mohawks shall give consideration to (i) the protection of established or planned residential areas from any use or development that would adversely affect residential living outside the Reservation, and (ii) protection of the health, safety and welfare of the communities contiguous to the Reservation. Prior to developing or otherwise altering the existing use of land within five hundred feet of the Reservation boundary, the Akwesasne Mohawks shall consult with local officials about the potential effect of such use on the adjacent community.
• The Power Authority would make available up to nine (9) megawatts (MW) of power and energy for sale to the power corporation established by the Akwesasne Mohawks which power will be resold for the sole purpose of serving, without mark-up, the load of the Akwesasne Mohawks Reservation. This power shall be available to the Akwesasne Mohawks at the Power Authority's lowest rate for St. Lawrence-FDR Project power and energy (i.e., the rate charged to preference power customers).
• Akwesasne Mohawks who qualify for admission to a campus of the State University of New York will not be required to pay tuition to attend such institutions.

The trade agreement between the State and the St. Regis Mohawk Tribe would:

• Address issues of pricing and taxation related to the retail sale of cigarettes, tobacco products, automotive fuel and alcoholic beverages, taking into account the Tribe's existing regulatory program to require retailers, wholesalers and manufacturers of alcoholic beverages, cigarettes, tobacco products and automotive fuels operating on or from the St. Regis Mohawk "Akwesasne" Reservation to be licensed by the Tribal Council, to pay licensing fees and to maintain certain levels of minimum retail pricing.