Pataki Withdraws Five Casino Bill

The decision in the Sherrill case limits the sovereign rights of Native American Indian tribes and their land holdings and also appears to call into question how much tribal land would be tax-exempt. A spokesperson for Pataki, says, "The Sherrill decision does not affect the settlement agreement with the [St. Regis] Mohawks." She adds that the governor plans to submit new legislation seeking approval of the land claim deal with the St. Regis Mohawks that would include the authorization for the tribe and Caesar's Entertainment to build a casino at the Kutscher's Sports Academy property in Monticello.

The decision by the governor is a blow to those pushing for casinos in Sullivan County and in particular to Empire Resorts, which has plans to build a resort at Monticello Raceway with the Cayuga Nation of New York and another casino with the Seneca-Cayuga Tribe of Oklahoma at the Concord hotel. Also affected by the governor's decision are Native American casino resorts in Sullivan County proposed by the Wisconsin Oneidas and the Stockbridge-Munsee Band of Mohicans.

The spokesperson stresses that the bill withdrawal does not mean the governor has abandoned his position concerning five casinos in Sullivan County. "He is withdrawing the legislation due to the Sherrill case," she says. "We feel that the legislation would not be supported by the local municipalities or the legislature. So we are going to go back and reevaluate the decision and see what impact it will have on the settlements. The governor remains committed to reaching the settlement agreements."

For the past several months, the construction trades and organized labor have lobbied in support of the governor's five-casino bill. On Feb. 10, the Sullivan County Legislature approved by a 6-to-2 vote a resolution supporting the governor's bill. Since then, committees of the State Senate and Assembly have held hearings across the state on the casino issue.

"I think it is still the intent of the governor to develop all five casinos," says Todd Diorio, a board member of the Catskill Casino Coalition. He adds that the St. Regis Mohawks are very close to receiving approval from the Bureau of Indian Affairs. If the State Legislature follows suit, "Realistically, they could be putting a shovel in the ground by this summer or fall." In addition, Diorio says the coalition will work with the governor's office, the State Legislature and the respective Native American Indian tribes to facilitate new land claim settlement agreements that would allow the other four proposed casinos in Sullivan County to move forward.