IRVING, NY-- The Seneca Nation of Indians have filed a lawsuit against New York State officials to seek a permanent injunction that would "prohibit them from taking any further action in the ongoing violation of federal law as a result of the state's failure to get mandatory federal approval to build a toll road through the Nation's Cattaraugus Reservation."
The situation goes back as far as 1954 when the Seneca Nation say they were pressured to grant the state an easement for a thruway to be constructed over 300 acres of the Cattaraugus Reservation.
“After decades of seeing our property invaded without authorization from the federal government that is required to protect our Native land, we find it necessary to take legal action against these State officials,” said Seneca Nation President Todd Gates. “We are not seeking to cause any disruption, but rather to insure that the New York State authorities comply with federal law and gain approval from the Department of Interior for the thruway that encroaches on 300 acres of land that has belonged to the Nation and our ancestors for generations.”
In a statement, the Thruway Authority said, " “We can’t comment on pending litigation but it’s well established that the Seneca Nation granted an easement for the Thruway in 1954. We have defended that position in the past and will continue to do so going forward.”
In a statement, the Thruway Authority said, "We can’t comment on pending litigation but it’s well established that the Seneca Nation granted an easement for the Thruway in 1954. We have defended that position in the past and will continue to do so going forward.”
The Nation sued the state in 1999, but the case was rejected by federal court. You can read the full statement by the Seneca Nations of Indians here:
CATTARAUGUS TERRITORY, IRVING, N.Y. – Today the Seneca Nation of Indians filed a lawsuit against certain New York State officials in their individual capacities seeking a permanent injunction that would prohibit them from taking any further action in an ongoing violation of federal law as a result of the State’s failure to get mandatory federal approval to build a toll road through the Nation’s Cattaraugus Reservation.
Grounds for this case originate in 1954, when the Nation was pressured to grant an easement for a thruway to be constructed over about 300 acres of its Cattaraugus Reservation, which it has always owned and occupied as a federal Indian reservation. Land easements on Indian Reservations require federal approval to be deemed valid, but New York State did not take action to get approval from the Department of Interior (DOI) to construct the thruway.
This is a longstanding dispute between the Nation and the State. The Nation has openly denied the validity of the purported easement since at least 1993, and despite asking the New York State Thruway Authority (NYSTA) to remit thruway tolls to the Nation, the NYSTA has refused, maintaining that the easement is valid despite the lack of federally mandated approval from DOI. The Nation initially sued the State in 1999, and the judge agreed with the Nation that the easement did not get legal confirmation from federal authorities. The case was ultimately rejected by the federal court, leaving the Nation determined to find a path to federal court that would allow for a resolution of this issue, which has been a strain on Nation-State relations for decades.
“After decades of seeing our property invaded without authorization from the federal government that is required to protect our Native land, we find it necessary to take legal action against these State officials,” said Seneca Nation President Todd Gates. “We are not seeking to cause any disruption, but rather to ensure that the New York State authorities comply with federal law and gain approval from the Department of Interior for the thruway that encroaches on 300 acres of land that has belonged to the Nation and our ancestors for generations.”
In addition to being an affront to the Nation’s basic sovereignty and territorial integrity, the lack of a legally valid easement for the operation of the Thruway on the Cattaraugus Territory also puts a constraint on economic growth on the Nation’s reservation. The Nation has been in the process of finalizing plans to build a cultural shopping center in that area which, if completed, would create hundreds of jobs for local people, attract tourists, and increase activity in an area that is in drastic need of further development. The Nation intends to announce the initiation of serious development efforts for this new project, called the Oasis Project, as soon as next week.
“Whatever the outcome of our legal action,” said President Gates, “my hope is that the Nation will be able to put the issue behind us and move forward with needed economic development on our Cattaraugus Territory, like the Oasis Project.”
Thruway Complaint as Filed by WGRZ-TV on Scribd