Hubba Hubba Hubba – Who Do You Trust?
By Sue E. Generis
A nom de guerre

The line in front of Oneida High School began forming at 3:00 Wednesday afternoon as people waited to get in for the second of 2 public hearings on the Oneida Indian Nation land trust application. It grew to over 900 people by the time the doors opened at 5:30, an hour before the scheduled start of the hearing. The red t-shirts of Nation employees dominated the crowd, complemented by women in Native American dresses, men in suits, and over a dozen sheriff deputies. The crowd was restless but well-behaved. TV news crews and newspaper reporters shuffled about.

It rained. No one moved.

By 6:00 the auditorium was full and the Fire Marshall ordered the school doors closed. No one else would be allowed in, even if people left the meeting. The remainder of the crowd, shut out of the meeting, was not happy. Chanting and angry words flew for a few minutes. Some left; the rest stayed, hoping to get a chance to be heard.

Inside the auditorium the meeting progressed much the same as the previous night at V-V-S High School, but a little less rowdy. The audience was at least 80% Casino and Nation employees. They cheered raucously for Ray Halbritter and other Oneidas. An 8 year old boy got a standing ovation when he pleaded to not have his home or his mother’s job taken away.

A variety of public officials spoke about their concerns over “checkerboarding” governmental regulation. Fears about lost tax revenues were spoken. The breakdown of public and social services was predicted.

Each prediction of doom or concern was met with grumbles and hisses. Five people spoke in favor of the trust for every one against. We pay taxes. We take care of our own. You broke your promise. We create jobs while everyone else is losing them.

And on and on it went.

Some of the Oneida Indians who spoke were impressive. They made impassioned pleas to protect their way of life, their culture, and their land.

I must confess that while I was impressed by the turnout of Casino employees, I was disappointed that they all seemed to toe the company line that their jobs are at stake.

Sorry gang – they are not. If they really were, then you need to direct your enthusiasm at Mr. Halbritter. Because putting the Oneida land into federal trust (or not) will not decide whether the Casino stays open. Mr. Halbritter and the rest of the Oneida leadership will make that decision. Even if the BIA refuses to put any land into trust (doubtful) and the Oneidas wind up having to pay taxes (probable), this will not force the Casino to close.

One official made what seems to be a very realistic suggestion: put into trust the land around the Casino and the land around the “territory” where the Nation’s primary housing and cultural center lies. This supports the Oneidas – where they live, where their culture and education revolves, and their primary business enterprise. It also firms the legality of the Casino, as it would be located on “Indian Land” as required by federal law.

Sounds reasonable to me.

Because while I support the Nation and its efforts, the reality of the situation is that 17,300 acres spread out in bits and pieces over 2 counties is probably more than necessary. Even though the land was stolen from you, you can’t just take it back. You should be able to. But the world we live in today just won’t allow it.


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UCE Zealots
By Sue E. Generis
01/06/06

The humble opinion of one person who has had an opportunity to be personally AND professionally involved firsthand in the issues on both sides.

On January 10 and 11, hearings are going to be held to allow members of the public to voice opinions regarding the application of the Oneida Indian Nation to put its 17,000 acres of land into federal trust. This process, dictated by federal law, would take that land off of the tax rolls. Local officials and various members of the public are protesting vehemently against this as being disastrous to the financial fortunes of the area.

The Trust hearings are going to be crowded, loud and tense. The ironically-named advocacy group Upstate Citizens for Equality (UCE) is bringing as many people as it can scrape together. The Oneidas are bringing a bunch of their employees. It won't be pretty.

The Oneidas lived here long before the European settlers. They welcomed the settlers, provided aid to them, and fought with them against England in the Revolutionary War. For their efforts and sacrifice, George Washington – leader of the new country, and arguably one of the most honorable men in American history – promised that their land would always be theirs, untouched and unencumbered by the USA. The Treaty of Canandaigua, still in effect today, memorialized that promise.

Individual settlers moved in anyway. New York state endorsed the settlers actions, forced the Oneidas into signing several “treaties” and took their land away from them. The federal government – the successors of George Washington – said nothing. Outnumbered and overwhelmed, the Oneidas had no choice. Many left the area completely. A few remained.

Morally and ethically wrong. Shameful.

And long in the past.

Nothing was done about it until the late 20th century – almost 200 years after the fact. Eventually a small group of what remained filed suit for return of their land and heritage, or at least recognition of the wrongs and adequate compensation.

The Oneidas think they have the moral high ground here. That may be so. But it ain't gonna hold up for them legally. They made mistakes over the past 20 years, and are going to have to pay for them. They alienated too many of their neighbors with their talk and insistence on being made whole. As they came up with a business solution to their desperate financial situation, they thumbed their noses at local authority, angering those who’s cooperation they would need. They bought (reacquired) lands. They built a casino. They prospered.

They should have put their land into trust as soon as they purchased it. Land claim goes away automatically if they do this. But they didn’t. Of course, the law doesn’t say they have to, or give a time table for doing so. Okay, so they are doing it now – after the US Supreme Court told them they have to pay taxes. This is not a scam, or an end-run around the Supreme Court, as some contend. The Court itself pointed to the process and said that is what the Oneidas should do.

My guess is a portion of their land will go into federal trust (including the entire Casino/Resort complex), and the rest will be subject to property taxes. A revenue sharing plan will be worked out with the counties. The land claim will go away. The Compact will be ratified by the state legislature. And life will go on.

But not until AFTER everyone stops yelling and screaming and takes the time to sit down and negotiate in good faith.

The truly amazing thing about UCE and its latest efforts against the Casino has been glossed over by the media - especially the Sub-Standard, which generally disfavors the Oneidas and continues to provide a pulpit for the ministers of misinformation to preach from.

The truth is... UCE is losing its effectiveness as a force against the Casino and the Oneidas. It's active membership has shrunk to a handful of zealots. Most of the homeowners who originally signed on when the land claim suits arose have quietly walked away. The meetings have turned into private oratorios for the few hotheads who can't seem to understand the concept of "you can't always get what you want". Most of them appear to believe in the old children's game of "whoever shouts the loudest must be right". Local politicians have stopped attending the meetings, and barely register any recognition of their communications. Local officials have been more conciliatory to the Oneidas, both in the press and in private.

No one really wants to shut down Turning Stone. The economic impact on the region would be disastrous. Over 4000 would be unemployed; so would countless others in the region who provide services to the Casino. Millions of dollars would be lost in taxes (income tax, sales tax), millions of dollars in other related lost revenues would be lost to the area... not to mention how many of those 4000 would leave the area altogether, taking their spending power elsewhere.

Instead, negotiations which started and stopped need to resume. That should eventually arrive at a solution where all can co-exist peacefully. Then the taxes will get paid... state & local inspectors will get to enforce their rules... the Oneidas will still profit.

So will the counties. And the state.

But not until BOTH sides - including the Oneidas - get off their high horses and start talking a little common sense.

Turning Stone Resort could be the total entertainment package for upstate New York. Think about how much more the Oneidas could do. There are some savvy business people working over there; if they weren’t so busy defending against the legal mess, the Resort could put in some serious attractions. How about a theme park, amusements, rides, water slides . . . outdoor sport and game facilities . . . an aquarium . . . the type of destination that DestiNY will never be . . . it can all be done if everyone stops nit-picking over the past and works out the solution for the future.

It’s really a lot closer than most realize.

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