The U.S. Department of the Interior plans to investigate a gaming compact between Seneca Nation and the State of New York after concerns arose about revenue payments that Seneca Nation allegedly owed New York.
Seneca Nation has claimed that the financial obligation is no longer valid and expired at the end of a 14-year agreement, while New York claims that the nation still owes hundreds of millions of dollars.
“Specifically, we disagree whether the payments are still required during the complex seven-year renewal period. In March, I invoked the provisions of the Canandaigua Treaty of 1794 to request assistance from the United States government to review whether the compact payment provisions are lawful,” Matthew Pagels, Seneca president said in a WBFO report.
Pagels said that the Seneca Nation shares concerns of the DOI.
“Last week, the Nation received a letter from the U.S. Department of Interior that raised concerns about whether these disputed payments are legal and consistent with the Indian Gaming Regulatory Act, since they were neither reviewed nor approved by the Secretary of Interior,” Pagels said.
Pagels is requesting the Cuomo administration comply and submit the compact to the federal government for further investigation, claiming this will ensure the correct answers are gleaned.
“This is not only the right way to resolve the dispute, it’s also the fastest. Waiting 45 days for the Secretary of Interior to rightfully weigh in on the matter could prevent additional months or even years of protracted litigation,” Pagels said.
If the State of New York is correct about their claim, Seneca would owe $435 million.
The compact was signed in 2002 and both sides agreed to revenue sharing. While the deal was originally for 21 years, Seneca Nation is now questioning whether the payments are still needed.
In November 2019, a U.S. District Court’s ruling in favor of the state led Seneca Nation to appeal.