Opportunities Await New Tribal Council

With the election of Randy Hart and Shelley Jacobs the St. Regis Tribal Council has new opportunities to create policies, which will benefit all Akwesasnorons.

First, the incoming leaders should reexamine the Monticello casino deal.  As an astute business owner Mr. Hart is well aware of the risks involved in any kind of economic venture.  He has been successful in large part because of the unique legal status of Akwesasne a place which offers a distinct advantage for businesses because of our rights to engage in commerce free from external regulations.

The Monticello proposal will qualify that condition because it involves placing the casino site into “federal trust” which is an outright concession of Mohawk sovereignty. Remember, sovereignty is a condition in which a political entity acknowledges no other entity as having authority over itself. Federal trust requires a Native government to concede that the US is the actual owner of all lands placed in this condition with the indigenous residents having only “occupancy” privileges with all federal laws applicable including taxation.

Of necessity, the Tribe will have to enter into a gaming compact with New York in which it will pay a heavy tax on the casino profits.  All of its proposed employees, most of whom will be non-Native, will also having to pay state and federal taxes as will every supplier and contractor. In addition, policing of the casino will be conducted by the New York State Police with all violations brought before state courts. The Tribe will also have to waive its already limited sovereign immunity when it comes to liability for criminal and civil acts.

But far more serious is the extremely heavy financial burden the Tribe and its members will carry for the duration of the contract with Kein Huat. Again, Mr. Hart would never accept a loan in which the lender charges 29% interest-not even loan sharks in New York City would do this to their customers yet the previous tribal chief was eager to bind the Tribe to such a loan in which it would have to pay $15,000,000 per month to Kein Huat for 25 years-and that did not include all construction and operating costs.  This would have made it highly unlikely the Tribe would make any profit at all and this was before the State took its share.

Mr. Hart and Ms. Jacobs should realize there are better choices to be made. Casino gambling is limited, complex, requires far too much overhead and destroys the very condition which it exploits-our collective rights as a free and independent people.

Akwesasne is in a peculiar location which can be turned into an excellent opportunity for legitimate growth based upon our culture and heritage.

Both the US and Canada are now determined to stomp out the cross border marketing of tobacco. This activity has for far too long dominated our economic lives.  The former leaders of the Mohawk Nation Council were extremely reluctant to have tobacco sold on Mohawk territory given that its is sacred.  They warned of serious consequences if we were to do so.  They were right and even as a former member of the Nation’s Business Committee I saw what would happen if the unregulated sale of this product were allowed to continue.

We have a chance to end tobacco sales by meeting with federal officials north and south as a singular power.  We can create an economic free trade zone at Akwesasne in which legitimate, healthy products are imported and then transported to other Native communities across the continent.  We can negotiate with Cornwall to reopen the port in that city and use the empty warehouses as storage facilities. We can license and bond our own vehicles to carry these goods.  We can enter into trade and commerce agreements with other Native nations and bring them the things they need at a competitive price.  We can actually create jobs which have a high degree of dignity.

Mr. Hart and Ms. Jacobs ought to consider another idea the former tribal council refused to act upon. They should buy the St. Lawrence County Mall-which sits on reservation land-and turn it into a manufacturers outlet market.  The Morongos of southern California did so with Premium Outlets to great success.  The same can be done here.  Not only can such a business offer wholesale prices but the additional exemption from state taxes will draw shoppers from throughout the northeast.

Also, the Tribe should plan to make Akwesasne energy self sufficient.  The idea of constructing our own wind towers was never given any serious thought by the former officials,  Instead, the sought to cut a deal with the Power Authority of New York in which our people would still pay for electricity generated by a facility located on our own land and at a price higher than what is charged to Alcoa. This was short sighted and silly given the alternatives.  By building a minimum of three towers the Tribe would then be able to offer free power at every home at Akwesasne (not just those who live in the southern district), light up its casino and make a profit by selling the excess to New York State.

The key to success for Mr. Hart and Ms. Jacobs is to keep their options open and to invite the people to offer their suggestions as to what is best for the community. And, finally, stop any business which breaks rank and pays taxes to New York.