SYRACUSE, OCTOBER 3, 1996

By The Kahniakehaka (Mohawk) Nation Council of Chiefs (Traditional Government), The St. Regis Mohawk Tribe (United States); and The Mohawk Council of Akwesasne (Canada); (Together referred to as - the Mohawks of Akwesasne, or the Mohawks).

The State of New York today, in a move contrary to the wishes of the Mohawks, and of the Federal Judge hearing the case, broke off negotiations for a settlement of the Mohawk land claim in Northern New York. The negotiations had been on-going for more than ten years, and many participants felt we were finally nearing a satisfactory conclusion for all parties.

The State of New York, however, about six months ago added a new element that derailed the negotiation. It insisted that as a part of the settlement of the land claim, the Mohawks also agree to collect all state taxes on sales to non-Indians on their reservation and turn them over to the State. The State announced that it was requiring all tribes in the State to negotiate tax compacts with it. This brought other tribes and Indian merchant groups into the issue, The Mohawks said that the tax issue is not one that a single tribe can negotiated, and asked the State to handle it separately from the land settlement. In May 1996 and again on October 3, 1996, Judge McCurn, the federal judge handling the Mohawk case in Syracuse, agreed with the Mohawks, and urged the State to proceed with the tax issues separately from the land settlement. The State refused and now has broken off negotiations.

This means the land case will be tried and decided by the federal court, rather than settled. The Indians and non-Indians of New York are facing years of costly and contentious litigation, instead of the anticipated amicable resolutions of the Mohawk claims. It is likely that the United State will enter the case on the side of the Indians as it has done in the Cayuga Nation.

The lands at issue in the Mohawk claim are approximately 11,642 acres consisting of county land in St. Lawrence and Franklin counties, 640 acres in Massena, 640 acres in Fort Covington, and 144 acres in the Hogansburg Triangle, 2,060 acres of another triangle, and a series of lots along the Grass River between the two towns, In addition, the ownership of Barnhart Island, where the Robert Moses is located, and a number of other islands, including but not limited to Croil and Long Sault Islands, are in dispute.

Spokespersons for the Mohawks said they are disappointed. They said they have been trying to settle the case in a way that would be fair to the Mohawks, but would not dispossess any non-Indian land owners. Subject to a final ratification of their people, they had tentatively agreed to five (5) conditions the State had earlier insisted upon the settlement talks - namely:

1. that all titles to property would be cleared,
2. that the United States would make a contribution to the settlement,
3. that land going to the Indians would be public lands or lands acquired from willing sellers,
4. that the tax base of the local governments would be addressed,
5. and that the settlement would be reasonable related to the size of the claim.

Again, although an agreement had not been reached, the negotiations were making very significant progress towards an agreement.

The Mohawks said that going back to court, of course, means that there are no agreements at all, and that all the claimed land is back in the suit.

The Mohawks of Akwesasne, and The Kahniakehaka (Mohawk) Nation Council, The Mohawk Council of Akwesasne and The St. Regis Mohawk Tribal Council; state that these legal proceedings will be brought without prejudice to the Aboriginal and Treaty rights of all Kahniakehaka (Mohawk) as well as the United Mohawk Councils of Akwesasne.

Notwithstanding the Mohawk Position on the 1796 Treaty, the Aboriginal rights of the Mohawks are larger than those mentioned in the treaty. The Mohawks at Akwesasne make a claim to land outlined in the 1796 Treaty and to islands, including but not limited to Barnhart, Croil and Long Sault.

The Mohawk land claim is divided into a mainland claim and an island claim. The mainland claim is based on a 1796 treaty between the Mohawks and the State of New York, approved by the United States. The Treaty guaranteed a reservation of 36 square miles drawn on a map (in the area of the present New York reservation and the village of St. Regis), two areas of one mile squares situated around mills the Mohawks had (now in the middle of Massena and Fort Covington), and meadows on the Grass River. In violations of federal law, New York later made several purchases of the Reservation established by the 1796 Treaty, but without the required consent of the United States.

The United States Supreme Court, several years ago, in a similar case brought by the Oneida Indians held that such purchases by the State without the consent of the United States, violated federal law and were void.

The Mohawks claim ownership of their treaty land, and damages for having been deprived of some 15,287 acres of it for many years.

The Mohawk Island claim is primarily for three Islands (Barnhart, Croil, and Long Sault), that were thought to be in Canada at a time the treaty was made, but later were determined to be in the United States. The State of New York, in the 1840's, recognized that the Mohawks owned the Islands and should be paid for them, New York had unlawfully sold the Islands to developers.

New York did not return the Islands to the Mohawks. The transaction was without the required consent of the United States.

The Mohawk claim states that the Islands were never lawfully the property of the State, and remain Mohawk property. The Island Claim is substantial because the Robert Moses Dam is anchored on Barnhart Island and federal laws provide Indians with a right to share in the power revenues when their reservations are used for power production, The New York Power Authority is seeking a renewal of its license for the Robert Moses Dam, and while contesting the claim, had been moving towards a negotiated settlement with the Mohawks. That settlement possibility was also pulled off the table when the State walked out of the talks.

Additionally, while no suit was brought, the Mohawks claim ownership under the same theories to a number of the Islands in the Thousand Island Chain that currently are the site of expensive summer homes. At New York's request, the Mohawks were negotiating to settle that claim as a part of the overall land claim settlement. The Mohawk Nations Council of Chiefs is presently doing the research to bring that claim forward.

New York's decision to terminate settlement talks appears to be motivated in part by a recent Supreme Court decision in "The State of Florida vs. Seminole" granting states broad sovereign immunity from lawsuits. The counties and private parties who are defendants in the Mohawk case do not enjoy sovereign immunity and will not be able to dismiss the claims against them on that ground. Although the State rightfully bears the responsibility for confiscating Mohawk land in violation of federal law, Governor Pataki now seems prepared to wash the State's hands of that responsibility, and to shift the burden to local governments and private landowners.