Schumer: Cayuga Land Into Trust Draft Environmental Impact Statement Ignores Economic Consequences Of Taking Land Into Trust; Calls For It To Be Redone

Press Release

Standing with Elected Officials, Business Owners and Chamber of Commerce Members from Seneca and Cayuga Counties, Schumer Lays Out Opposition to Land-Into-Trust Application and Calls for Answers from Department of Interior's Bureau of Indian Affairs -- Before Any Final Decisions Are Made

U.S. Senator Charles E. Schumer today called on the Department of Interior's (DOI) Bureau of Indian Affairs (BIA) to provide a more balanced and thorough analysis of the potential negative impacts of the Cayuga India Nation of New York's land-into-trust application in Cayuga and Seneca counties. Schumer said that the current assessment, the Draft Environmental Impact Statement (DEIS), lacks key information related to economic and environmental consequences, as well as regulatory framework guiding future development on trust land.

Most importantly, according to Schumer, it does not address the collateral economic or traffic consequences for local businesses that would have to compete with tax-free businesses on neighboring trust land, nor does it take into consideration the unequal playing field that can result from the fact that trust land would be exempt from most local zoning strictures. Schumer today called for the BIA to fill the gaps in the DEIS to ensure that all parties are fully knowledgeable of all the consequences of taking land into trust. Schumer expressed opposition to the land into trust agreement at the June 17th public hearing on the DEIS and in a call last week with Assistant Secretary Larry EchoHawk, and today is expanding his arguments and calling for the BIA to fill holes in the DEIS before releasing a final Environmental Impact Statement.

"There are some very serious concerns regarding economic impacts and uneven regulations that were glossed over and need to be fully addressed before any kind of final decision on land-into-trust is made," said Senator Schumer. "Communities across Cayuga and Seneca counties are understandably anxious about what this land trust would mean for their local tax base, for their businesses, for future economic development and for the future of the region. Today I am calling on Assistant Secretary Larry EchoHawk to address some key concerns, so that all sides understand the consequences of any future decision."

Following a Cayuga Indian Nation request that 129 acres of land be put into a tax-exempt federal trust, the Bureau of Indian Affairs (BIA) issued a Draft Environmental Impact Statement (DEIS) that concluded there would be little or no negative impact, environmental or otherwise, from putting the land into trust. The DOI's Final Environmental Impact Study is the next step, although Schumer and many communities feel the federal agency has not done enough to address the concerns and answer the questions of residents in Cayuga and Seneca Counties. There is an especially glaring lack of clarify on the effect on local businesses, payment of taxes on non-trust land and the applicability of federal environmental and other regulatory regimes on trust land and the unequal playing fields that result from these different regimes. The final EIS will include a Record of Decision (ROD), the official action which declares the agency's determination.

Schumer noted that the DEIS also did not address how the environment, namely Cayuga Lake, will be protected in the absence of local, county, or state regulation of the lands involved, not did it take into account the pending lawsuits that are working their way through the court.

Schumer restated his preference for a negotiated settlement between the Counties and the Tribe, as opposed to a federally imposed decision. He urged the BIA to reject taking land into trust and instead to facilitate a settlement between the Tribe and the Counties. Schumer strongly feels that DOI/BIA should review and address the above concerns and adopt fair protections for the local governments' and business' financial health. Schumer urged the Nation and Counties to negotiate and sign a Memorandum of Understanding (MOU) regarding the parties' respective responsibilities and authorities over issues of public safety, including law enforcement, fire protection and emergency medical services, and observing standards of environmental safety and building codes commonly accepted as standard in municipal activities.

Schumer said his position on the land-into-trust process has long been clear. He is deeply skeptical of its suitability for large parcels of land in the more populated eastern areas of the country, as opposed to the less populated western parts of the nation, where this policy originated and is more appropriate.

Schumer said: "It is imperative that BIA fully answer these questions before it announces a final decision. This will go a long way towards easing tensions and helping all parties reach a mutually agreeable solution."

Source