Senator Nozzolio: Continue Fighting Cayuga Land Claim In The Courts

Albany – In the wake of yesterday’s landmark decision by the United States Supreme Court in overturning the City of Sherrill case, New York State Senator Michael F. Nozzolio (R-Fayette) has called for the State of New York to reject the proposed settlement offer in the Cayuga Indian land claim case. Further, Senator Nozzolio said any legislation proposing settlement of various land claims by Governor Pataki should be amended to eliminate all offers to the Cayuga Indian Nation and Seneca-Cayuga tribe of Oklahoma.

“The decision of the United States Supreme Court in the City of Sherrill case is a victory for all residents of New York State affected by land claims,” said Senator Nozzolio. “In light of this historic decision, I am calling for the Legislature to amend the Governor’s Indian land claim legislation.”

Yesterday, the Supreme Court ruled that the Oneida Indian tribe must pay taxes on all Oneida owned property in the City of Sherrill. In light of the Supreme Court decision, Senator Nozzolio is calling for the following actions:

● The state of New York should begin the immediate collection of sales taxes on all Indian run businesses that sell products to non-Indians.

● All appropriate local governments, school districts, and other taxing jurisdictions should begin the immediate collection of property taxes on all Indian owned lands not specifically held in trust by the Federal government.

● The New York State Legislature – Senate and Assembly – should oppose legislation authorizing Indian gaming to any Indian tribe which fails to collect and remit sales tax on all business transactions to non-Indians in New York and/or fails to pay property taxes on all lands owned in New York.

● The New York State Legislature should oppose legislation that authorizes Indian casinos to any Indian tribe presently suing property owners in a land claim to establish new reservations or expand existing reservations in New York State.

Senator Nozzolio is calling for the immediate collection of property taxes on all Indian owned lands not specifically held in trust by the Federal government; including the Turning Stone Casino and Resort owned by the Oneida Indians, and gas stations, and video lottery parlors owned by the Cayuga Indians in Seneca and Cayuga Counties. In addition, Senator Nozzolio is calling for the payment of back property and sales taxes by the Oneida Indian tribe and Cayuga Indians, and the regulation of zoning laws on Indian enterprises.

“As State Senator, I have been a long time proponent of establishing equality for the payment and collection of sales taxes. With the immediate collection of sales taxes on Indian run businesses that sell products to non-Indians, we can level the playing field for our local businesses and end the unfair advantage that Indian businesses have taken without legal authority,” concluded Nozzolio.