LAND CLAIM FAQ

What is the Onondaga Nation?
Why is the Onondaga Nation suing New York State?
Whatdoes the Onondaga Nation seek?
What is the legal basis for the Onondaga Nation land claim?
How did New York State and others come to possess Onondaga lands if they were not acquired legally?
How is the United States Government involved in the Onondaga land rights case?
What has happened with similar land claims in the U.S.?
What has happened to the Onondaga lands taken by New York?
What are the central goals and purposes of the Onondaga land rights action?
What effect will this have on the environment?
Will I be moved from my home?
Will I pay more taxes?
Will Syracuse have a casino?
Will more business move?
Why a land rights lawsuit when the US has eminent domain?
Don't Natives already receive money for their land?

What is the Onondaga Nation?
The Onondaga Nation is an Indian Nation, and a member of the Six Nations Iroquois Confederacy, or Haudenosaunee. The Onondaga Nation is the "Firekeeper" or central council fire of the Haudenosaunee. The other nations are the Mohawk, Oneida, Cayuga, Seneca and Tuscarora Nations. The Haudenosaunee is recognized in three treaties made with the United States, and all of its members are federally-recognized Indian nations. The Onondaga Nation continues to maintain its ancient form of government, including a traditionally-selected Council of Chiefs. The Nation's present territory is south of Syracuse, New York.
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Why is the Onondaga Nation suing New York State?
The Onondaga Nation is taking action to assert its legal rights to its homelands in Central New York, with the principal goal of achieving legal recognition of title to its homelands. The Onondagas initiated the process several years ago by meeting with Governor George Pataki and members of his staff. The Nation plans to file a law suit in Federal District Court, although a filing date has not yet been set. The Nation does not wish or expect to sue individual land owners.
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What does the Onondaga Nation seek?
The Onondaga Nation seeks legal recognition of its title to the lands that were unlawfully taken by New York State in violation of the federal Trade and Intercourse Acts (25 U.S.C. Section 177) and other federal laws and treaties. These lands comprise the territory of the Onondaga Nation.
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What is the legal basis for the Onondaga Nation land claim?
The Onondaga Nation has lived on the lands at issue from time immemorial, since long before the coming of Europeans, and has never sold or otherwise relinquished its lands or its rights as a sovereign nation. The United States recognized these lands as belonging to the Onondaga Nation (along with additional lands belonging to other members of the Haudenosaunee) in the 1784 Treaty of Fort Stanwix and the 1794 Treaty of Canandaigua. The lands are essential to the Nation's and the Haudenosaunee's ability to practice and maintain their indigenous culture.
The Onondaga Nation land title action is based on the U.S. Constitution, the Treaties of Fort Stanwix and Canandaigua, and the federal Trade and Intercourse Acts. Under the terms of the Constitution and the Trade and Intercourse Act of 1790 and its subsequent re-enactments, no "purchase, grant, lease or other conveyance of land" from an Indian nation is valid without the participation and approval of the United States government.
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How did New York State and others come to possess Onondaga lands if they were not acquired legally?
Between 1790 and 1822, the State of New York signed five so-called "treaties" with individual members of the Onondaga Nation, supposedly acquiring all of the Nation's lands except for the 7,300-acre territory where the Nation resides today. The State later sold most of the land to others. None of these "treaties" was ever ratified or approved by the Onondaga Nation itself, by the Haudenosaunee, or by the United States government.
As a result, none of these so-called "treaties" between the State of New York and the Onondaga Nation are valid. The U.S. Supreme Court has decided that under such circumstances title to the land continues to belong to the original Indian nation owner. This was decided in the case of County of Oneida, New York v. Oneida Indian Nation of New York State, 470 U.S. 226 (1985).
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How is the United States Government involved in the Onondaga land rights case?
The United States has a responsibility to enforce its own laws, including its treaties with the Haudenosaunee, and to maintain a government-to-government relationship with the Onondaga Nation that is respectful of the Onondagas' basic human rights. The "treaties" initiated by the State of New York violated federal law, because they purported to acquire tracts of Onondaga land for the State of New York without United States government approval or participation, and in fact without the approval of the Onondaga Nation and the Haudenosaunee. It is for these reasons that the Onondaga Nation has asked the U.S. government to file suit in federal court together with the Nation.
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What has happened with similar land claims in the U.S.?
Several other Indian nations in the eastern United States have made similar land claims, seeking to win recognition of their titles to lands taken by various states in violation of the Trade and Intercourse Acts. In a 1974 decision on an Oneida Nation land claim brought under the Trade and Intercourse Acts, the U.S. Supreme Court upheld the right of Indian nations to sue in federal court for the recovery of damages with respect to lands taken in violation of the Trade and Intercourse Acts. In a second decision concerning the Oneida Nation claim, the Court ruled that state statutes of limitations and other state law defenses were not applicable to such suits, and that title to lands taken in violation of the Trade and Intercourse Acts remains with the Indian owner. These decisions have served as precedents for a number of land claim cases brought by Indian nations.
Of land claim cases based on the Trade and Intercourse Acts, six have been resolved by negotiation between the Indians nations and representatives of the State and Federal governments and the affected landholders, and have thus mitigated costly and time-consuming litigation that would have inevitably caused substantial hardship for all sides. The claim of the Cayuga Nation, another member of the Six Nations, resulted in a final judgment of $247.9 million against the State of New York. This judgment is now on appeal.
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What has happened to the Onondaga lands taken by New York?
In the more than 200 years since the adoption of the U.S. Constitution and the enactment of the Trade and Intercourse Acts, the Onondaga Nation's original land base has suffered vast reductions. New York's illegal takings were followed by more than a century of industrial chemical production and manufacturing on parts of the taken land. As a result, parts of the claim area are among the most polluted sites in the United States.
Perhaps the most dramatic impact has been on Onondaga Lake, which has been designated a Superfund site by the U.S. Environmental Protection Agency (EPA). Within the waters and sediments of the lake, EPA has found dangerous levels of numerous hazardous materials, including pesticides, creosote, polycyclic hydrocarbons, volatile organic compounds, lead, cobalt, mercury, and polychlorinated biphenyls. These last four substances are on the U.S. Agency for Toxic Substance and Disease Registry's list of the twenty most toxic substances.
In addition to Onondaga Lake, EPA has designated 15 other Superfund sites within Onondaga County, the center of the land claim. High levels of pollution have gravely damaged the land and the entire environment in which the Onondaga have lived for centuries. The resulting conditions impair the Nation's ability to subsist and limit its options for economic development. Reasserting the Nation's title to lands illegally taken by New York State is an important step for the Nation not only in addressing issues of pollution, but in providing for the sustained and respectful use of those lands by future generations.
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What are the central goals and purposes of the Onondaga land rights action?
The ultimate purpose of the Onondaga Nation in the assertion of its land rights is to enable the Nation to maintain its culture and way of life, and to protect the earth and its environment for all inhabitants of central New York. Collectively and individually, the Onondaga people have a right to decent and productive lives with adequate food, shelter, medical care, and other necessities, as well as to a clean and healthful environment. The Nation has suffered enormously from the loss of their lands and resources. Its people have suffered culturally, socially, emotionally, and economically, an historical condition exacerbated by the persistent unfavorable economic conditions in Central and Upstate New York. Legal recognition of the Onondaga Nation's rights to its lands is essential to the preservation and strengthening of the Nation and the Haudenosaunee.
The Onondaga Nation hopes that the land rights action can be resolved in a just and fair way through negotiation, but is prepared to litigate in court should that prove necessary. The Nation is not seeking anything not already guaranteed by United States law.
The Nation believes that the successful reassertion of its land rights will help to improve the overall quality of life and the environmental health of the region. Achieving such results will require considerable cooperation between the Nation and other individuals, organizations, and communities in the region who share many of the Nation's goals. The Nation hopes to strengthen and develop relationships with supportive organizations and individuals that will increase the capacity of the communities in the region to address issues that are of regional concern, such as responsible, sustainable economic development and environmental protection.
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What effect will this have on the environment?
A major effect
The Onondaga Nation and the Haudenosaunee were given instructions on how to live on Mother Earth. Part of these instructions include caretaking of the lands which we live. The Onondagas would set up standards to ensure our future generations have clean air to breathe, fertile soil to plant, clean waters to drink, and a healthy food chain.
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Will I be moved from my home?
No.
The Onondaga Nation does not intend a mass exodus of people from their homes. As instructed by our ancestors in the Two Row Wampum, we are to live together in Peace and Friendship Forever. To force families from their homes is not a peaceful way. It happened to our Onondaga villages, we wouldn't want a similar trauma to happen today.
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Will I pay more taxes?
Maybe.
The Onondaga Nation does not impose our laws upon the citizens and government of the United States and the State of New York. If your representatives feel it is necessary to raise taxes in your area, they may.
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Will Syracuse have a casino?
No.
The Onondaga Nation Chiefs and Clan Mothers have had this proposal brought before the council many times. The Onondaga Nation leaders do not see a casino as a positive impact on the people. The monetary gain does not outweigh the burden this enterprise may have on our community.
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Will more business move?
We hope not.
The Onondaga Nation is looking forward to the creation of attractions and jobs to aid in stimulating the economy. The people of the Onondaga Nation find most of their employment in the greater Syracuse area. The loss of jobs hurts both communities.
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Why a land claim when the US has eminent domain?
The Onondaga Nation and the United States has always negotiated as two separate sovereigns.
The Onondaga government has seen many changes over time and has never relinquished control. One of these changes was the creation of the United States. The United States has made treaties with the Onondaga and the Haudenosaunee. Therefore, the Onondaga people do not consider themselves defeated by the United States.
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Don't Natives already receive money for their land?
No.
The Onondaga Nation receives treaty obligations which include treaty cloth, health and education benefits. The Onondaga Nation does not participate in Federal or State grants. The Onondaga Nation is not a recipient of Federal or State government revenue sharing. The Onondaga Nation is sovereign.
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