Schumer, Arcuri Secure Pledge From BIA Head That There Will Be No More Midnight Deals on Land Into Trust; Reiterated Demand That No Further Action be Taken on Remaining 495 Acres

Press Release

Schumer, Arcuri Secure Pledge From BIA Head That There Will Be No More Midnight Deals on Land Into Trust; Reiterated Demand That No Further Action be Taken on Remaining 495 Acres

BIA Head Larry EchoHawk, Senior Officials From Air Force Pledge That Community And Lawmakers Will Be Given Ample Notice Of Any Attempt To Take Land Into Trust

Schumer, Arcuri Have Criticized Previous Administration for its Backdoor Deal that Put 18 Acres of Federal Land into Trust Without Public Notice or Review

Legislators Renewed Demand That Under New Leadership, N

U.S. Senator Charles E. Schumer and Congressman Michael Arcuri today announced that, in a personal meeting with the head of the Bureau of Indian Affairs (BIA) Larry EchoHawk, and senior executives from the Government Services Administration (GSA) and U.S. Air Force (USAF), they secured a pledge that there would be no more midnight land into trust deals. On December 30, 2008, the U.S. Department of the Interior's Bureau of Indian Affairs, under previous leadership, took 18 acres of land in Verona, NY, into trust for the Oneida Indian Nation of New York without notification or a public-comment process. Schumer and Arcuri were assured that such a process will not be repeated. With notice provided of any possible future attempt to take land into trust, community groups and lawmakers will have ample time to fight the decision.

The BIA, GSA and US Air Force all play key roles in the process of taking this land into trust. The BIA makes the ultimate decision on whether to attempt to take land into trust on behalf of Indian Nations; the US Air Force currently owns the land at the Verona Research Facility; and the GSA manages and maintains all federal government-owned land and buildings.

"Today's pledge was a good start," said Schumer. "I expressed my displeasure over the original 18 acres to be taken into trust without any notice to the community, and I am pleased that the BIA has pledged not to repeat that mistake."

"The secret transfer of federal land into trust in December - without notice to local communities and while other trust acquisitions are pending the outcome of litigation - was and is completely unacceptable," Arcuri said, "We communicated that message to the BIA and the GSA, and their pledge to provide Congressional offices and affected local governments with advance notice of any future actions is at least a refreshing change from the attitude of BIA in the last administration. This commitment from BIA shows a willingness to work together towards the best outcome for all parties - on this and other pending issues."

On December 30, 2008, the U.S. Department of the Interior (DOI) took 18 acres of land in the former United States Air Force Space Command Complex at the Verona Research Facility, into trust for Oneida Indian Nation of New York without notification or a public-comment process. The 18 acres of trust is part of a 495-acre parcel of land at the former United States Air Force Space Command Complex at the Verona Research Facility. Schumer immediately called the former Secretary of the Interior to express his outrage with the decision, and secured a commitment that he would be notified of any further attempts to take any of the other 495 acres at base into trust. In the upcoming meeting, Schumer and Arcuri intend to secure this pledge from the BIA, US Air Force, and the GSA's new leadership, and also make clear that the lawmakers will fight any further decision to take land into trust without due process.

Schumer and Arcuri have fought to defer final action on the 13,000 acre land trust application from the Oneida Indian Nation in order to make sure the DOI addresses the concerns of the local communities affected by land trust decisions - including lack of clarity on applicability of federal regulations on environmental and development issues - and include crucial tax and financial provisions in their final decisions to ensure the counties' and towns' local economies don't suffer. Schumer and Arcuri believe that the Nation, the State and local communities should negotiate a resolution that is acceptable to all parties, rather than having the BIA make a unilateral decision. Several court cases challenging the land trust decision are currently pending.

Schumer and Arcuri said that the DOI's surprise December decision to take the 18 acres of land into trust flew in the face of an open, public process that would address community concerns. Schumer immediately addressed the issue with a personal call to then Secretary Kempthorne and a joint delegation letter urging the Secretary to make no further attempt to take the rest of the 495 acres of land and to immediately inform the delegation if the agency plans to take any further action. Schumer and Arcuri at the time pledged to fight any proposal to take further land into trust without community approval, and reiterated that commitment to the new leadership at their meeting on Wednesday. In response, BIA head Larry EchoHawk pledged that there will be no further midnight deals on land into trust.

The General Services Administration is in charge of leasing and managing government land, and thus plays a key role in process of taking land into trust.

Source