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First, your assertion that the Bureau of Indian Affairs has made it clear that I, in my capacity as Cayuga Nation federal representative, lack the authority to sue or negotiate private deals on behalf of the Nation is not true. The BIA has never made any such statement. Indeed, in December of last year, when we advised the Bureau that the Nation planned to conclude an intergovernmental cooperation agreement with Cayuga County for purposes of addressing certain property tax and related issues, they fully endorsed our efforts and expressed hope that a similar arrangement could be reached with Seneca County.

Second, your claim that we love to go to court when we are challenged in any way is also false. Like Mayor Shattuck, we prefer to resolve disagreements without spending money on lawyers. For that reason, when the Village of Union Springs raised questions in 2013 about our gaming facility, we proposed that the parties enter into a 鈥渟tandstill agreement鈥� pursuant to which each side agreed not to take legal action while an effort was made to resolve these issues amicably. In October 2014, however, legal counsel for the village advised us that it intended to renounce the standstill agreement and commence an enforcement action against the Nation. At that point, we had no choice but to defend our rights in court.

Third, while we agree with you that even if the parties settle their differences regarding the gaming facility it is possible that some other issue may land them in court, this doesn鈥檛 mean they shouldn鈥檛 seek to resolve issues outside of the judicial process whenever possible. Further, a negotiated solution on one matter will likely instill mutual feelings of cooperation and trust that will facilitate the resolution of other disagreements in a similar manner.

Finally, your suggestion that the U.S. Supreme Court鈥檚 2005 decision in the Sherrill case bars the Nation from conducting gaming on its lands is false. That court ruling did not disestablish or diminish the Nation鈥檚 reservation. Further, the Indian Gaming Regulatory Act expressly authorizes all Indian nations to conduct Class II gaming on their lands and it pre-empts any and all state and local laws to the contrary.

The Cayuga Nation is committed to pursuing a peaceful settlement of disagreements with its neighbors. While we will vigorously defend our rights in court when left with no other option, negotiation, not litigation, is our preferred method of dispute resolution.

Clint Halftown

Seneca Falls

Halftown is federal representative of the Cayuga Nation of New York