Tribe Calls Secretarial Decision on Trust Application Paternalistic and Wrong

DOI Denies Sullivan County Application

AKWESASNE, N.Y., Jan. 4 /PRNewswire-USNewswire/ -- The St. Regis Mohawk Tribe
received a long-awaited and much anticipated decision today from the Secretary
of the Interior Dirk Kempthorne -- the language of that decision smacks of
what Tribal officials thought was a long-gone paternalistic, racist approach
to Indians.

While disappointing, this decision was not unexpected. It will not be the last
word. Kempthorne has offered a prejudged position that declares "Washington
cowboys" know what is best for American Indians. Moreover, it completely
throws New York and the people of Sullivan County under the wagon. There is an
undeniable and irrefutable record that makes clear that this decision is
arbitrary, capricious and laughable. In the end, the record will not support a
denial.

Secretary Kempthorne, denied the Mohawk's application to place approximately
29 acres of land located in Sullivan County into federal trust status for the
purpose of gaming. The reason provided by Assistant Secretary James Cason in
the denial letter stated that, "The proposed gaming facility can have
significant negative effects on reservation life."

Stunned and incredulous, the Tribe is now asking, according to whom?

The Tribe, Governor Eliot Spitzer, members of Congress and leaders across New
York State worked as a team to secure the necessary approvals for the project
to no avail. The Tribe has been working diligently for twelve years to bring a
casino to the Catskills. Secretarial authorization to place the land into
trust was the last administrative hurdle to establishing a Mohawk casino in
the Catskills, and the final step in the Indian Gaming Regulatory Act Section
20 process.

"As far as we can tell this decision is 100% politics. Remarkably, the
Secretary has chosen to blatantly ignore the merits of our application and the
undeniable strength of our administrative record in favor of catering to
powerful special interest gaming groups. This decision defies all reason and
is the product of a man and an administration that cannot stomach the idea of
Native American success and financial independence. It is deplorable," said
Tribal Chief Lorraine White. "The language contained within the decision
strikes me as a brazen paternalistic assault against not only the Mohawks but
all of Indian Country. The clear message is that Indians belong on
reservations and should be content to receive handouts and commodity cheese
from the federal government."

The Tribe has always felt that it has an airtight case destined for approval.
"It doesn't end here for us, we are energized to take this to court,"
continued Chief White.

Back in April of 2000, the Department of the Interior made a determination,
based upon 16 pages of detailed findings of fact that the proposed acquisition
would be in the best interest of the Tribe. In December 2006, the Interior
issued a Finding of No Significant [Environmental] Impact (FONSI). In that
determination, the Interior actually stated that a Sullivan County casino
would have "No foreseeable adverse effects on the tribe."

"Incredibly, the Interior's own statements, guidance and past findings in the
administrative record do not support this decision," added Chief White. "The
bottom line is Indian Country is getting screwed on a totally fictitious
basis."

And nearly a year ago, on President's Day in February 2007, Gov. Eliot Spitzer
concurred with the Interior's findings on the Secretarial "two-part"
determination that the proposed acquisition would be in the best interest of
the Tribe and of no detriment to the surrounding community. At that time,
Spitzer granted state approval on the gaming compact and has since expressed
unwavering support of the Tribe's Sullivan County casino project, even meeting
with Interior officials to urge a decision.

Late last year, Assistant Secretary of the Interior Carl Artman told tribes
that the department was developing a new policy for off-reservation casinos
and would not be making any decisions on pending applications until the policy
was finalized.

The new rules were not mentioned in the letter the Tribe received.

"We followed the rulebook, we satisfied every federal legal and procedural
regulation, and at the eleventh hour, the Department of the Interior issued us
the lamest, weakest argument to deny. There is no legal basis for this
decision," said Tribal Chief Barbara Lazore. "We are not going to sit idly by
and allow the Interior to change the fate of the St. Regis Mohawk people. If
we as a Tribe can't get justice from the Secretary of the Interior -- who is
charged with trust responsibility to tribes, maybe we can get justice from the
courts."

The Tribe received a letter from the Interior stating that, among the negative
impacts to reservation life, that commutability to the Catskills, nearly 350
miles away, was a concern. The Tribe however, has a legacy of commuting to New
York City for jobs where generations of countless Mohawk ironworkers built the
very skyline that defines the city. Kempthorne has dared to suggest that
Mohawks are incapable of conducting business and unable to hold jobs away from
home, yet this is an ingrained part of Mohawk life where ties to the community
are maintained.

"Our project was stolen out from under us in 2000 by an Atlantic City-based
gaming company," added Chief Lazore. "Now, I feel these interests have exerted
their influence which has resulted in the Interior denying us this opportunity
yet again."

The St. Regis Mohawk Tribe, which filed a complaint against Sec. Kempthorne in
late October for inaction on the trust application, will now file a lawsuit
against the Secretary for the arbitrary and capricious nature of the decision.

"In addition, we will be teaming up with other tribes to aggressively call for
oversight hearings on the injustice occurring at the Interior Department,"
said Tribal Chief Lorraine White. "We find this decision and the new policies
to be highly suspect and we question the motivations behind this policy that
appears to be prompted by the super-charged political fancies and whims of the
Secretary, to say nothing of the influence of special interest groups."

"This is one of the most asinine, incompetent Secretaries in the history of
the Interior," said St. Regis Mohawk Tribal Chief James W. Ransom. "He is in
effect reversing a two-part determination and FONSI based on personal opinion
and that is completely wrong and illegal."

The two-part determination and FONSI already concluded that taking the
Sullivan County lands is in the best interest of the Tribe. The Secretary's
most recent determination conflicts with those decisions.

The $600 million Monticello casino project involves construction of a grand
766,000 square-foot two-story casino and entertainment complex featuring
approximately 125 table games, 3,500 slot machines, 24 poker tables, and
numerous restaurant and retail venues. It is expected to generate more than
3000 permanent jobs.

Empire Resorts, the Tribe's development partner, will continue to look at
every opportunity to realize the promise of jobs and economic opportunity this
project will bring to the people of Sullivan County.

SOURCE The St. Regis Mohawk Tribe

St. Regis Mohawk Tribe Public Information Office, +1-518-358-2272 ext. 256