People Gather to Review and Reject Land Settlement Plan

By Doug George-Kanentiio

At a public gathering at the Mohawk Nation longhouse on December 3rd the latest version of the land claims settlement was reviewed and commented upon in accordance with the traditional customs and procedures.

Beginning with the recitation of the Ohenton Karihwatehkwen, the people were encouraged to stand and speak but to do so with respect and patience. Tobacco was set to fire to express gratitude for the opportunity to address this critical issue while calling for clarity in thinking, in an effort to reach consensus, not necessarily at that particular session but as the review process takes place within the community.

The draft Memorandum of Understanding shared with the people was cited as “Privileged and Confidential” under the US Federal Rules of Evidence without an attached date. It involves the Mohawk Nation Council, the Mohawk Council of Akwesasne and the St. Regis Tribal Council along with the New York Power Authority and the State of New York.

The negotiations were said to be close to a conclusion after years of discussion-the document referred to 40 years of litigation begun in 1982 when the MCA filed suit followed by the Mohawk Nation. It also cited that the US courts have not issued a “final judgment” pending the results of the negotiations.

A group of three Mohawk researchers were present to summarize proposed settlement. Besides an explanation as to the Seven Nations of Canada “treaty” the researchers made it clear that despite the Mohawk Nation’s claim that the 1796 “treaty” was fraudulent by signing the settlement the Nation would not only sanction the “treaty” but would be forever bound by its terms.

The Nation Council was also told all subsequent land claims would be extinguished.

There was considerable opposition to this. In vast difference the 1987 land use proposal was reviewed. In contrast to the permanent surrenders now proposed there would also be a $2,000,000 annual payment from the New York Power Authority. An allocation of 9 megawatts to be purchased at reduced rates from the Authority with the MCA obligated to cover all costs for the delivery of electricity to the “Canadian” side of Akwesasne. This part of the agreement will be subject to US federal approval. Akwesasne uses an estimated 6 megawatts - if 10 megawatts were made available (this is only .5% of what the Barnhart power dam generates)

There is no mention of Barnhart Island as part of Akwesasne nor any charges for the past damages to the environment or a fair annual payment based on Mohawk ownership of the island and the river used to generate power. In 1987 the three councils hired a professional resource review company (Pomeroy Associates) in which an annual usage fee of $32,768,795 was sought (now close to $100,000,000). Also in the report was “a fair” market” value of $365,175,000 the unpaid charges dating from 1958 to 1988.

At no point in the proposal is the right of every Mohawk family and business to free electricity which would cost the NYPA virtually nothing.

It was noted that neither the Tribe nor the MCA has any legitimate claims to any of the islands west of Akwesasne. Those islands, which go as far as Ogdensburg, were part of the territory of the Oswegatchies who were evicted from their homes in 1806 and were given refuge at Akwesasne. No mention of this forced removal, clearly illegal under US laws, was in the agreement.

Strict restrictions called “island access” would be retained by the New York Power Authority. Since the proposal does not include any mention of the other islands, they would be considered ceded by the three councils. Hunting on Barnhart would be subject to state regulations and confined to firm boundaries imposed by New York.

On the Long Sault and Croil Islands the Mohawks would again have to comply with a “joint” management plan but it is clear the island would never come under the exclusive jurisdiction of any Akwesasne entity.

Should the proposal be endorsed (there is no formula for this) the Mohawk people would never be able to assert title to Barnhart or to challenge the license of the New York Power Authority. No mention was made of the liability of the NYPA for the massive ecological damages to the region and the river itself. But the Mohawks would be exempt from park entrance fees.

No mention was made of the current market value of the Massena, Ft. Covington and Hogansburg areas while the “Grassy Meadows” on either side of the Grasse River was omitted (this area includes the St. Lawrence Mall, Alcoa, the former Reynolds Plant as well as the Snell Locks). This would be surrendered. In 1987 the value of those regions was set at $413,400,000 with a fair annual leasing fee of $37,400,000. This is excluded in the settlement.

All lands returned to the Mohawks would be qualified by US federal trust (in which the federal government has real title) and be controlled by the St. Regis Tribal Council. Whatever land the Mohawk Nation secured would be subject to the Tribe.

In 1987, a past trespass fee of $152,210,000 for Massena, Fort Covington and Hogansburg (again ignoring the grassy meadows) was set. This was also left out.

No mention was made of the ecological damages caused by Alcoa, NY Power Authority or any other entity which is stunning given the heavy and extensive pollutants which have directly contributed to the current health crisis at Akwesasne, no mention was made of the rights of other species, an essential element of Mohawk culture.

It is stunning that the lawyers hired by the three councils made no mention of the natural world-this is very disturbing that the lawyers representing the Nation Council left this out - there can be no “longhouse” without reference to the earth, the waters, the animals, insects, trees, medicine plants or food crops-nothing but a harsh dollar value imposed upon the earth mother.

And what of the Seaway? That company would also be freed of any liability since the Mohawk councils have not bothered to cite that corporation for its liabilities. The Seaway brags about the $35,000,000,000 (yes, billion) it generates in business but not one cent comes to Akwesasne. This is simply negligence.

As a tribal official said at the meeting the settlement was not about money but on extending the current boundaries of the reservation. But such a return would not become sovereign lands. None of the councils took the position that those lands would be exclusively under the jurisdiction of the Mohawk people - none of the negotiators were confident enough to assert tax and regulatory exemptions.

Many of the longhouse people were told that this was the best deal and if the Nation did not sign they would receive nothing. This is simply a lie. The Nation Council can secure an income and prosper by the direct assertion of its rights versus conceding this vital part of its status to the US, New York State, the NY Power Authority and to the Tribe.

As the researchers stressed this is not an ideal proposal and one bound to undermine, if not destroy, the Nation. It must be rejected by the Mohawk Nation Council as directed by the people, as was repeated by the speakers throughout the meeting.