A Seneca Nation women’s group opposes a settlement agreement between the tribe and state of New York over $800 million in disputed casino payments.
The group, called the Mothers of the Nation, are recognized under the Seneca constitution as having the power to approve treaties.
The agreement between Seneca Nation President Matthew Pagels and New York Governor Kathy Hochul ended a dispute over gaming revenues and would lead to the release of $540 million held in escrow.
The Mothers of the Nation have held a petition drive and gathered signatures from those opposed to the agreement. The petition has been submitted to the Bureau of Indian Affairs requesting that it intervene.
They want to force Pagels to exhaust all legal remedies first. They call his action weak.
Pagels responded to the criticism by stating, “Protecting our gaming operations, through a fair and equitable compact, is our Nation’s greatest economic priority.” He added, “These operations generate revenue that funds vital programs, services and benefits on which our people depend. We are committed to protecting this important economic engine for our people today and for generations to come.”
The Mothers say the money in question amounts to more than $800 million. That is half of what the Nation has paid to New York during the 14 years of the state tribal gaming compact. They also claim that the state is making no concessions to the tribe for new compact. This in spite of the fact that states are required by the Indian Gaming Regulatory Act (IGRA) to enter compact negotiations in good faith with tribes.
They add that the settlement has never been submitted to the Seneca Nation Council or the people. Nor was notice given of the proposed agreement. Instead Pagels made a video announcement of the agreement on January 12 as an accomplished fact.
The dispute between New York and the Nation dates back to 2016 when it determined to stop making payments. It said the seven-year extension of the compact did not addresses more payments. The BIA has said it agrees with that interpretation. In one letter BIA said further payments to New York might violate IGRA.
One of the Mothers of the Nation, Jody Clark, declared: “President Pagels has ignored the pending NIGC (National Indian Gaming Commission) review of the legality of the payments and forged a settlement agreement before obtaining a full and complete federal review. His actions are short-sighted and premature.”
