(CACGEC WEBSITE)     return to homepage

Letter from Congressman LaFalce to Secretary of the Interior

Letter to the Department of the Interior Secretary Gale Norton regarding the application of the Seneca Nation to acquire land for casinos.

November 8, 2002

The Honorable Gale Norton
Secretary of the Interior
U.S. Department of the Interior
1849 C Street, NW
Washington, D.C. 20240

Dear Secretary Norton:

On October 24, 2002, you allowed the New York State - Seneca Nation gambling compact to take effect by deciding to make no decision on the compact within the 45 day review period authorized by the Indian Gaming Regulatory Act (IGRA). Under section 11(d)(8)(C) of IGRA, when there is no decision after 45 days, "the compact shall be considered to have been approved by the Secretary, but only to the extent the compact is consistent with the provisions of [IGRA]."

On October 28, 2002, I wrote to you asking you "which provisions of the [New York State - Seneca Nation gambling compact] are consistent with IGRA and which are inconsistent?" To date I have received no response.

Further, the Department of the Interior press release announcing your decision to make no decision stated that "the Secretary will communicate by letter to the Governor of the State of New York and the President of the Seneca Nation of Indians regarding this matter." I understand that to date, no letter has been sent. I expect that a copy of the letter will be faxed to me immediately upon its transmittal to the Governor and the President.

Further, the Seneca Nation is proceeding with construction at the Niagara Falls Convention Center in preparation to opening a casino by the end of 2002. My understanding is that under section 11 (d)(1) of IGRA the Seneca may lawfully open a casino only on land that meets the definition of "Indian lands" under IGRA and that the land in Niagara Falls is not "Indian lands." Please advise me whether my understanding is accurate. In addition, I ask for copies on any memoranda, letters or other documents since enactment of IGRA that discuss the meaning or applicability of the term "Indian lands" as defined in section 4(4) and used in section 11(d)(1) of IGRA.

Further, I just learned yesterday (only after my office called the Department to inquire) that on October 29, 2002, the Seneca Nation filed a 600 page application to acquire 12.8 acres of land in Niagara Falls, including the Convention Center, under the Seneca Nation Settlement Act. Given that I wrote you with my concerns about land acquisitions under the Act on September 3, 2002, I am disappointed that your staff did not take the initiative to notify me of receipt of the application. Under section 8(c) of the Act, State and local governments "shall have a period of 30 days after notification by the Secretary or the Seneca Nation of acquisition of, or intent to acquire such lands to comment on the impact of the removal of such lands from real property tax rolls of State political subdivisions."

As co-author of the Settlement Act, the legislative intent of section 8(c) is to require notification of all appropriate State and local government authorities, after the land has been identified and the application is submitted to the Department. Generalized publicity of an intent to acquire unspecified lands does not provide State and local officials the requisite notice and specificity necessary to analyze the effect that the acquisition may have on the tax rolls. The legislative intent of the Settlement Act requires that the local and State governments be given written notice. Appropriate notification also requires publication so that local citizens and groups may provide the State and local officials their assessment of the acquisition on their taxable activities in the area. I ask for copies of any memoranda prepared by the Department, including e-mails, from the time of passage of the Act discussing when the 30 day period of notification is deemed to begin.

Finally, and most importantly, as co-author of the Settlement Act, I reiterate my previously stated position to you (see my letter of September 3, 2002) that the Act is inapplicable and does not authorize gambling on lands acquired under it, and that lands located in Niagara Falls are neither "within [the Seneca Nation's] aboriginal area or situated within or near proximity to former reservation land" under section 8(c) of the Act. I am disappointed that you have not yet responded to my letter of September 3, 2002, which I understand has been received favorably by Interior's career lawyers, and for copies of any memoranda of the Department, including e-mails, prepared since the time of passage of the Settlement Act on the applicability or non-applicability of the Act to lands that might be used for gambling.

Sincerely,

/signed/

JOHN J. LaFALCE
Member of Congress

return to the CACGEC homepage