Heres a story I just read in the Buffalo News. I wonder how this will affect hard and soft water fishing for Non-Native Americans?
http://www.buffalonews.com/editorial/20050623/1071796.aspBUFFALO NEWS 6/23/2005
The Seneca Nation of Indians won a land claim against the State of New York on Wednesday in a historic settlement.
U.S. District Judge John T. Curtin put his final stamp of approval on an agreement that requires the state to give the Senecas 51.3 acres of land in the popular Southern Tier cottage community of Cuba Lake.
The agreement is the result of a 1998 ruling by Curtin that the state illegally took the land in the 19th century for the development of an unsuccessful canal project.
Court officials called it the first Indian land claim settled by New York State in modern times.
"Congratulations to you," Curtin said to Senecas in his courtroom as he finalized the land transfer. "The state and federal governments settled this in a manner that's satisfactory, given the circumstances."
After being turned down in a previous effort to take over Grand Island, Seneca leaders were elated by Wednesday's court victory.
"This outcome marks a long and sustained effort by the nation to regain land that is rightfully ours," said Seneca Nation President Barry E. Snyder Sr., who joined other tribal leaders in Niagara Square for a news conference after Curtin's action.
But not everyone was pleased.
Seneca Nation member Joni Brooks had insisted to Curtin that a portion of the 51 acres belongs to her. Former cottage owner Melvin Neubauer complained that he should have been paid more for his property. Others expressed concern about boating safety issues and the possibility of commercial development by the tribe, which operates casinos in Niagara Falls and Salamanca.
However, the judge moved ahead and finalized the consent decree, telling Brooks and Neubauer that they have the right to file written complaints with the court for review at a later date.
Attorney Peter B. Sullivan, who represented the state in the negotiations, said state laws are already in place governing watercraft safety, though he acknowledged that questions exist on whether the laws apply to Seneca Nation members on the nation's portion of the lake.
As for future use of the land, Snyder said the Tribal Council will soon decide what to do with it. Rumors that the Seneca Nation might build another casino on the lakefront land were dismissed by tribal officials.
Curtin's approval ends a 20-year federal court battle over the land, which includes a portion of Cuba Lake, a dam, some roads, and 19 cottages and cottage lots.
The Senecas contended that the land has been rightfully theirs for centuries and that the state illegally took possession of the land in the 1800s.
Earlier this year, the state and the federal government split the expense of buying 19 lakeside cottages from private owners, at a cost of nearly $3.4 million. Under the agreement, the cottages and the land on which they sit have been turned over to the Senecas.
A number of prime properties were included, with some costing taxpayers as much as $285,000. Most of the sales were in the range of $140,000 to $170,000. The former owners of the cottages have all moved out. The settlement also requires the state to pay the Senecas $500,000.
