January 26, 1999

To Our Neighbors in Madison and Oneida Counties,
In 1985, the U.S. Supreme Court decided that the Oneida people have a right to a large quantity of land in Central New York. That land is in Madison and Oneida Counties where you and we all live and work. After that decision, we could have gone to court to demand immediate possession of the land. We chose instead to negotiate our claim, hoping that negotiation with the State, which, after all, is the real wrongdoer, would produce a settlement of the claim, recognizing our rights and the wrongs that were done, but also avoiding unfairness and disruption to the people living on the land.

However, fourteen years went by, and New York State refused to take settlement negotiations seriously. The land claim issue simply was passed from one administration to another, and a cloud of uncertainty continues to hang over the region. We are no closer to a land claim resolution today than we were when the Supreme Court handed down its decision in 1985.

Last year, the Oneida Nation, the Oneida Tribe of Wisconsin, the Thames Band of Oneidas and the U.S. Department of Justice came to realize that New York State had no serious intention to resolve through negotiation this long-standing wrong. We all recognized that litigation was necessary to bring this matter to a close.

The Nation and the other parties to the lawsuit filed the amended complaint to name New York State - the wrongdoer - as the primary defendant in the case. Of course, the State no longer occupies most of the land. The only way to amend the case to preserve the claim under federal law was to name every owner of that land as a defendant.

This legal step was an extremely difficult decision for the Nation to make. Though we are committed to pursuing our rights, we are greatly saddened by the anxiety and anger the action has caused our friends and neighbors. For many years now, we have appreciated the help and support of the people of Central New York. We are dismayed that this very necessary legal step has so strained our relationships.

During attempts at negotiation over the years, the Oneida Nation has proposed many solutions to the State, ones that would benefit the Nation and everyone else in Central New York. We believe our sovereignty can be a source for economic development - the likes of which has never existed in this region. We could create an economic empowerment zone that is free of the onerous regulations and costs inherent in New York State's government.

For example, here are some creative ideas the Oneida Nation can bring to the table as part of an overall settlement package that would not cost taxpayers any money. Some might even help lower the tax burden and utility rates for everyone in the land claim area. For example:

We could consider ways to establish a manufacturing zone that would be free of the many bureaucratic impediments to development. This could attract thousands of high-paying jobs to the region.

We could work with Niagara Mohawk Power Corporation to help reduce power costs for the entire region. By securing low-cost power, we could attract new businesses that otherwise couldn't afford the high cost of power in New York.

Together with New York State, we could secure a massive injection of federal funding for economic development. These funds could help other start-up businesses take advantage of the millions of tourists Oneida Nation enterprises are attracting to the region.

These ideas demonstrate that we are trying to find a positive settlement for everyone affected by the case. Unfortunately, some public officials are actually creating and promoting divisiveness and uneasiness by telling area landowners that they may have to sacrifice their homes to pay New York State's debt.

We sincerely believe that, with good political leadership, we can turn this land claim litigation into a benefit for all. For example, we do have a claim to land guaranteed by law, but we are willing to consider a settlement that addresses the eviction issue in a way that does not threaten anyone. We can continue the process of reacquiring land from willing sellers. We have always paid a fair price for the land, and everyone knows that.

We have always taken pains to assure that efforts to improve ourselves also have helped to improve our region. We have contributed more to the economic development of the region in the last ten years than any other group. We believe that if we bring the same attitude to the land claim, we can create opportunities for our people and our neighbors which have never existed before.

Ray Halbritter

Oneida Nation Representative and CEO, Nation Enterprises