NGRID ROW Allegany Activities

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A National Grid subcontractor, Lewis Tree Service, will be clearing and spraying on the electric transmission line ROW located on the Allegany Territory. Lewis Tree Service will be conducting clearing and spaying activities according to the Seneca Nation’s Environmental Protection Department (EPD) policy. These activities will be monitored by the Seneca Nation Marshalls Office and the EPD Department.

Please direct questions to the Utilities Department (Wes Jackson or Tony Memmo) at 716-532-9221 or EPD (MacKenzie Hoag) at 716-945-1790 x8994.

Nya:wëh

Department of Interior Invites Joint Submission from Seneca Nation, New York State Before Review of Compact Amendment Can Begin

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ALLEGANY TERRITORY, SALAMANCA, N.Y. – Citing a regulatory requirement that a State who is a party to a Compact under the Indian Gaming Regulatory Act (IGRA), must “certify” an amendment submission to the United States Department of Interior (DOI), the Interior Department has informed the Seneca Nation that, as part of the submission, federal regulations require that New York State certifies that the Governor has the authority to enter into the amendment.

In April, two members of a three-person arbitration panel determined that the Seneca Nation was obligated to continue making revenue sharing payments to New York State after Year 14 of the Nation-State Gaming Compact, despite the complete absence of any language to that effect in the Compact, which went onto effect in 2002. By creating an obligation that did not previously exist, the panel’s ruling effectively amended the agreed upon terms of the Compact. Following federal law under the Indian Gaming Regulatory Act, the Nation requested that DOI review the amendment created by the panel’s ruling. The written response received from Interior indicates that, in order to review the amendment, the Department would have to receive a certification from New York State that the Governor had the authority to enter into the amendment.

“While we regret that we must return the proposed Arbitration Award, we look forward to a new submission that includes a complete set of documents in compliance with the requirements of 25 C.F.R. Part 293,” Principal Deputy Assistant Secretary John Tahsuda stated in his letter to the Seneca Nation.

“This action by the Department of Interior unfortunately fails to resolve the ongoing disagreement between the State of New York and the Seneca Nation. Without federal review, the amendment crafted by the arbitration panel remains unenforceable,” President Rickey L. Armstrong, Sr. said.

“Before notifying the State that our revenue share obligation had ended, we requested and received confirmation, in writing, that the Interior Department concurred with us that the Compact payment obligation ended after 14 years,” President Armstrong continued. “With that confirmation, the Seneca Nation leadership made a final payment to New York State in March 2017, completing our 14-year obligation.”

“Once the arbitration panel finalized its ruling, which amended the Compact, we moved expeditiously to submit our request to the Department of the Interior within a matter of days, in the hope that the Department would make a decision that would resolve this impasse once and for all. Instead, we were notified after seven weeks that the review process never even started.”

Upon receipt of the decision by Interior on Wednesday, the Seneca Nation filed suit in federal court to have the arbitration decision vacated for being inconsistent with federal law, or, in the alternative, staying enforcement until the Secretary of Interior reviews the amendment created by the arbitration decision and finds it consistent with IGRA. The motion filed by the Nation is consistent with the rules governing arbitration proceedings, which were agreed to by the State.

“You cannot simply skip past the fact that the arbitration decision and amendment must concur with federal law, and, right now, the amendment and the law conflict with one another,” President Armstrong said. “The only other alternative to resolve the matter would be for the Nation and the State to come to some agreement and jointly submit it to the Department of Interior for review. The Nation is open to those discussions.”

“Unfortunately, unless the Governor is willing to sit down with the Seneca Nation leadership to negotiate a mutually agreeable resolution that we could submit to the Department of Interior together, I am concerned that this litigation will continue for the foreseeable future, leaving the Seneca Nation and the local governments who benefit tremendously from our gaming operations in legal and financial limbo.”

Since the Seneca Nation began its gaming operations in 2002, the Nation has sent more than $1 Billion in revenue share contributions to Albany. The Seneca Nation has also invested more than $1 Billion to develop its casino properties in Niagara Falls, Salamanca and Buffalo. Today, the Nation’s casino operations employ approximately 4,000 workers, making Seneca Gaming Corporation one of the largest private employers in Western New York.

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Seneca Nation wants state to honor gaming compact

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As published on buffalonews.com, Another Voice: Seneca Nation wants state to honor gaming compact by Rickey L. Armstrong Sr., President, Seneca Nation of Indians

In a society of laws, rules and procedures matter and they apply to everyone, even the government. This includes the gaming compact signed by the Seneca Nation and New York State.

The compact, which went into effect in 2002, is rooted in federal law, namely the Indian Gaming Regulatory Act. Because IGRA prohibits a state from taxing a tribe in exchange for a compact, New York required a “revenue share agreement” whereby the Seneca Nation agreed to share a portion of slot machine revenues with New York State for 14 years. In exchange, New York State, again in keeping with IGRA, was obligated to provide something of equal value to the Seneca Nation, namely exclusivity and protection from competition.

The state wasted little time in diminishing the value of that exclusivity.

State-operated video lottery terminals were introduced within the nation’s exclusivity area in 2004 and remain to this day. State-regulated (and taxed) commercial casinos followed, including the siting of a casino minutes from the nation’s exclusivity zone – an operation that, as part of its application to the state, expressly aimed to cannibalize the Seneca Nation’s gaming revenues.

All the while, the nation fully honored our compact payment obligation for 14 years. New York State received more than $1 billion from the Seneca Nation while simultaneously profiting from the diminished value of the exclusivity we paid for and which the state was supposed to protect. What does this say about the state’s willingness to honor its agreements? Apparently not much.

This year, an arbitration panel determined that the nation’s payment obligation to New York State continues after Year 14 of the Compact, despite the fact that the compact has absolutely no language to this effect. “Amendment” means what it means, and the panel’s decision amends the compact.  

Under IGRA, all compact amendments must be reviewed and approved by the secretary of the interior. The nation, rightfully, requested that the Department of the Interior review the compact amendment. Conversely, New York State seems more than happy to, again, ignore process and obligation at the expense of the Seneca Nation.

Now, New York is considering the legalization of sports wagering. Our compacts would permit the Seneca Nation and other native nations in New York to offer this amenity to our gaming patrons, if passed. Some want the state to ignore that fact and somehow attempt to not include the Seneca casinos in the sports wagering equation. Thankfully, State Sen. Joseph Addabbo took the time to consult and include the native nations on an issue that could impact our gaming operations.

In asking for a federal review of the compact amendment, as required by law, and in considering the addition of sports wagering to our casino offerings, the Seneca Nation is simply trying to hold New York State to the deal that they made. We honored our obligation. The state should do the same.

Public Notice: Tribal Transportation Improvement Program (TTIP)

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The Seneca Nation Department of Transportation (SNDOT) is seeking comments on the Seneca Nation’s Tribal Transportation Improvement Program (TTIP).

The TTIP is an annually updated list of proposed multi-year transportation projects developed by the Seneca Nation. Projects are determined from the Tribal priority list and/or the Long Range Transportation Plan (LRTP), for use of Federal Lands Highway Tribal Transportation Funds. The current list of projects are Transportation Planning, Road Maintenance, Pennsy Trail (to be completed fall of 2019), Route 438 Safety Improvements, Ohi:yo’ Gateway (to be completed summer of 2019), Seneca One Stop Services Center (formally the I-90 Oasis Project), Lenox Road (Completed and to be removed from the TTIP), Red House Bridge / Old Route 17, Casino Access Road, Response (s) to Declared Emergencies as needed.

The SNDOT is encouraged to consult, as appropriate, with regional and local transportation agencies and Seneca Nation agencies responsible for land use management, natural resource management, environmental protection, conservation, and historic preservation in the development of transportation plans and programs. 

The TTIP is the complementary capital-programing component of the LRTP. It consists of federally funded roadways, public transit systems, multi-modal trails, transportation safety, and major transportation projects and enhancements being considered within, and providing access to, the Seneca territories over the next five (5) years. 

The SNDOT is updating the Nation’s TTIP to include:

  • Intersection safety improvements along the Broad Street (Route 417) corridor with great concern to the Broad Street and Iroquois Drive Intersection. The department is seeking grant funds through the Federal Lands Highway Tribal Transportation Program Safety Funds (TTPSF). 
  • Jimersontown Walkability
  • Safety Plan
  • Marshals Safety Data Collection
  • Allegany DPW Access Road

Please submit any comments by May 17, 2019. Comments may be submitted to SNDOT Project Manager, Sharon Ray, by mail or email at the following:

Department of Transportation, 90 Ohi:yo’ Way, Salamanca, NY 14779

sharon.ray@sni.org

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