Gillibrand officially opposes BIA report on trust application

By: The Citizen staff report

Thursday, July 2, 2009 7:25 PM EDT

U.S. Sen. Kirsten Gillibrand has come out in opposition to a current draft of the federal Bureau of Indian Affairs' statement about an application to put local land into federal trust on behalf of the Cayuga Indian Nation of New York.
In a letter to the BIA dated Thursday, Gillibrand asked the bureau to reject its current assessment that placing 130 acres of land owned by the Cayuga Indian Nation in Seneca and Cayuga counties will not have a significant impact on the local environment and economy.

Gillibrand specifically points out in the letter that she believes because the land would be exempt from local sales tax, it would give Indian-owned businesses within the trust area an "unfair competitive advantage" over other local stores. She also stated that taking the land off the tax rolls would hurt local school districts, and making the land exempt from local regulations could pose jurisdictional and environmental problems.

"After reviewing the situation, it is clear there are flaws in the Draft Environmental Impact Statement with respect to the Land Into Trust application," Gillibrand said Thursday in a separate written statement.

Gillibrand sided with her colleague, Sen. Charles Schumer, in the belief that the counties and Cayugas should negotiate a settlement.

Gillibrand is the last state or federal official representing the affected area to take a stance on the land trust issue. She was the only government official with a staff member present at a June 17 public hearing in Seneca Falls who did not submit a statement critical of the draft assessment. At the time, the staff member said Gillibrand was still in the process of gathering information and the staff member was there to listen to what others had to say.

On June 25, she sent a letter to the BIA reiterating many of the concerns raised at the hearing without taking a side.

The BIA's draft statement is an important step in the Cayuga Indian Nation's attempt to put the land into trust. Before the U.S. Department of the Interior approves or denies the trust application, it must release a final environmental impact statement.

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