Last month, the Seneca Nation of Indians has finally resolved its dispute with New York State and agreed to negotiate a new compact with the Empire State. However, this Tuesday, a group of Seneca women, the Mothers of the Nation has rallied on Allegany territory to express their opposition to the recent agreement between the Nation’s President Matthew Pagels and the state.
A few years ago, the tribe refused to issue its payment to New York State, on the basis that the renewed compact did not specify whether the Nation must continue to do so. However, last month, the tribe pledged to pay US$540 million of disputed payments, thus resolving the issue. Mr. Pagels said that the Nation is ready to negotiate a new contract as well.
Questioning Legality of Payments
The Mothers of the Nation are urging the Tribal Council not to issue the US$800 million in disputed payments to the Empire State. The group, which is recognized under the Seneca constitution of 1848 treaties, launched a petition to gather signatures of Seneca women who deem the settlement agreement invalid. The petition has now been filed to the Department of the Interior.
The group calls for President Pagels to halt the payments as the fight will not be done until all federal remedies have been exhausted. The Mothers claim that the total of the unpaid money will be around US$800 million by 2023. The group also states that the settlement agreement and the expenditure are actions that require Council approval under the Nation Constitution to be valid.
Marie E. Williams, former executive director of the Seneca Gaming Authority commented Mr. Pagels has violated legislative protocols by not providing council authorization regarding the new settlement with New York. In her words, the President of the Nation has acted without proper Council authorization and without the informed consent of the people.
Jody Clark, a signatory to the Mothers of the Nation petition and a resident of the Allegany region, said that there needs to be federal and NIGC determination. According to her, the President has disregarded the pending NIGC review of the legality of the payments and reached a settlement before acquiring a full and complete federal review. She described his actions as short-sighted and premature.
More Opposition
Shortly, after Mr. Pagels’ announcement about resolving the year-long dispute with New York State, Susan Abrams filed a lawsuit at the tribe’s Peacemaker Court. She commented that she expects to see a fair ruling from the court on her request for a temporary restraining order against the payments. The tribe refused to comment on the matter at the time.
Court’s Ruling
Last month, U.S. District Judge William M. Skretny announced a third ruling on the conflict between the state and the Nation. The judge said that the tribe must honor its payments, as well as that the Nation would not face extreme and undue hardship if the court does not overturn its previous decision, while the state has waited for more than five years for the payments.
Source: Quigley, Kellen “Seneca women’s group opposes gaming settlement”, Olean Times Herald, February 9, 2022
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