St. Regis Mohawk, Spitzer request meeting

7 August 2007

AKWESASNE, New York -- (PRESS RELEASE) -- The St. Regis Mohawk Tribe ("Tribe") and Governor Spitzer have formally requested a meeting with Secretary of Interior Dirk Kempthorne to discuss the Tribe's completed application to take 29.31 acres of land into trust for its proposed Catskills casino project. The Tribe has met all requirements and conditions and the final step in the process is for the Secretary to issue a decision.

Several months ago, the Tribe was informed by Associate Deputy Secretary of the Interior James Cason that its trust application was complete and only required a final decision by Secretary Kempthorne. The Tribe's trust application has been personally delayed by the Secretary for at least two months.

On February 19, 2007, Governor Eliot Spitzer issued an essential "concurrence" to the "two-part determination" -- the key federal approval that is necessary to conduct gaming activities at the Monticello Raceway site. Eight months ago, Mr. Cason issued a "Finding of No Significant Impact" (FONSI) indicating that the Tribe had met the federal regulations for environmental review.

The project has garnered broad and unprecedented support from elected, community and union officials. Congressional and state leaders, including Sen. Chuck Schumer, Congressman Maurice Hinchey, State Senator John Bonacic and Assemblywoman Aileen Gunther have all asked that final approval be granted. Governor Spitzer has met and spoken with top officials in the Interior Department and the Bush administration to underscore the importance of the project to the state and to express his growing impatience that New York and the tribe are being subjected to an unfair delay despite the completeness of the application.

"We cannot afford to delay this project any longer," said Governor Spitzer. "While we have made important strides during the beginning of my term in reviving the Upstate economy, much more work needs to be done. This project will bring thousands more tourists, millions of dollars in investment, and over 3,000 new jobs to the Catskill region, helping to restore it to one of the premier destinations in the country. I will urge Secretary Kempthorne to take immediate action, because Upstate New York has already waited long enough."

"The Tribe has been very patient and the Department of the Interior has a trust responsibility to act in the best interests of our Tribe; we want a decision based on the law, existing regulations and the unique circumstances of our project," said Tribal Chief Lorraine White. Referring to the Department's ongoing review of all pending fee-to-trust applications, Chief White added, "It is simply unfair and unjust for the Secretary to hold up our application while he considers how he is going to deal with the other pending land into trust applications. Each one must stand on its own merits and not be conflated."

"We understand that there is no statutory time limit attached to the approval process, however, it is important to note that if the Secretary is upholding or postponing a decision based on personal convictions, there is no basis in law for that," said Tribal Chief Barbara Lazore. "On behalf of the Mohawk people, together with the Governor, we are insisting on a face-to-face meeting with the Secretary to discuss this unwarranted and unnecessary delay."

"We do not believe there are any remaining regulatory or statutory issues with our application. The Tribe remains confident in what can be described as an airtight application," said Tribal Chief James Ransom. "I hope that the Secretary sees fit to meet with us and explain his position. Or better yet, announce his decision."

The Tribe notes that Interior officials have conceded that the Mohawk project would not be affected by the Department's proposed new rules and revisions relating to Section 20 of the IGRA because the Tribe's application has both successfully completed the rigorous Section 20 process and fully satisfied all existing regulatory requirements to acquire the land into trust status making it eligible for gaming activities.

The Tribe's General Counsel Dale White agrees stating, "We are not aware of any applicable, duly promulgated regulation or policy that supports an inextricable delay between the issuance of a FONSI and a final decision on the Tribe's trust application. Certainly, the Department's proposed rulemaking could not have an impact on an already completed application. Under federal law, there is no provision for 'swinging after the bell has rung'. Our application is at the finish line and the Department cannot develop or consider new rules and make us start over with a new process. The law does not allow such unfair and unjust treatment."

"The Tribe has been diligently working on this Project for more than ten years, we know the law and we know that our application must be approved," said Chief White. "The Secretary has just only recently completed his first year in office, we trust that he now understands that the Department must carry out the law unless and until it is changed. In our case, the law is clear and the Secretary should immediately stop withholding final Departmental approval of our application."

The Mohawk's $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.