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2. Alternatives 

2.1 Introduction 

This section describes the alternatives considered in the preparation of the Draft EIS. The 

provisions of NEPA regulation 40 CFR 1500.14, the USDOI Departmental Handbook 

516 DM 4.10, and the BIA NEPA Handbook (Part 6) collectively require the study and 

comparative presentation of the effects of the Proposed Action, the No Action Alternative, 

and all reasonable alternatives. In this case the Proposed Action is to convey 17,370 acres 

of Nation owned land to the U.S. government to be held in trust. The No Action 

Alternative would convey none of these lands into trust. These two alternatives are 

evaluated in the Draft EIS along with five other alternatives which would have varying 

amounts of land entering trust status. The number of theoretically possible alternatives is 

very large, with numerous permutations. If every possible combination of the 437 

individual parcels comprising the 17,370 acres were analyzed, it would obscure, rather 

than identify, useful information. The resulting EIS would be unwieldy and would not 

serve to assist reviewers, decision makers or the public. 

The BIA has reviewed the public scoping meeting transcripts and written comments, 

including comments and prior submissions by the Nation as well as comments by the State 

of New York, local governments and officials, and the general public to identify 

alternatives for analysis in the Draft EIS. In addition, this section also discusses 

alternatives that were identified through the scoping process and subsequently eliminated 

from further consideration. The relative effects of each of the alternatives being evaluated 

in this Draft EIS are compared in tabular form and in accompanying narratives. A detailed 

assessment of potential environmental effects for each alternative considered in the Draft 

EIS is presented in Section 4.0 Environmental Consequences. 

2.2 History of Land Reacquisition 

The name Oneida (Onyotaa:ka) means the People of the Standing Stone. The Oneida are 

one of the original nations of the Iroquois Confederacy along with the Mohawk, 

Onondaga, Cayuga, and the Seneca. The Oneida aboriginal homeland is comprised of 

some six million acres located in central New York State. Oneida villages thrived in and 

around what are the present day Town of Stockbridge, Village of Oneida Castle, Village of 

Canastota, and the City of Oneida, and elsewhere in what are now Oneida and Madison 

Counties, New York. The Oneida sided with the American colonists against the British 

during the Revolutionary War. In recognition of the Oneida’s sacrifices and loyalty as 
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allies in the Revolutionary War, the U.S. government offered them favorable treatment in 

subsequent treaties. 

In 1788, the State of New York and the Nation entered into the Treaty of Fort Schuyler in 

which the Oneida reserved approximately 300,000 acres of land protected by the federal 

treaty and part of the Oneida aboriginal homeland in central New York State. Thereafter, 

in 1790 the first U.S. Congress passed the Indian Trade and Intercourse Act also known as 

the Non-Intercourse Act, now codified in 25 USC § 177, to protect Indian lands from 

transfer to states or others without federal participation and approval in the manner 

specified in this piece of legislation. In 1794, the federal government concluded the Treaty 

of Canandaigua, which acknowledged the 300,000-acre Nation reservation and reaffirmed 

both the Nation’s sovereignty and its rights with respect to its reservation lands. The 

17,370 acres of land proposed for conveyance into trust are all located within the 

boundaries of the 300,000 acres that were reserved in the 1788 treaty with New York 

State, protected by the Non-Intercourse Act, and acknowledged by the 1794 federal treaty. 

Commencing in 1795 and continuing through 1846, the State of New York purchased or 

caused the transfer of Nation lands in a series of transactions conducted almost without 

exception in violation of the Non-Intercourse Act’s requirement of federal participation 

and approval. By the late 1840’s, the transactions between New York State and the 

Nation left the Nation with possession of only a small fraction of its 300,000-acre 

reservation. 

By 1920, the land held by the Nation had been further reduced to a 32-acre parcel located 

in Madison County, New York. This parcel itself was the subject of New York State 

foreclosure proceedings, which resulted in the Nation’s loss of possession of this parcel in 

1909. In 1916, however, the federal government brought suit on behalf of the Nation to 

recover these lands that were then restored to the Nation pursuant to federal law and 

court order. The Nation was confined to this 32-acre parcel until 1987, when, with 

revenues from a bingo operation started in 1975, the Nation reacquired ancestral lands 

within its reservation boundaries. By 1995, the Nation had reacquired over 3,000 acres of 

their ancestral lands and by 2005 the Nation had reacquired a total of 17,370 acres. 

Revenues from its enterprises enabled the Nation to finance significant improvements in 

the quality of life for its members by building essential economic, social, and cultural 

programs critical to their self-governance, self-sufficiency, economic independence, and 

cultural expression as a distinct Indian tribe. 

The lands subject to the proposed trust land acquisition are all currently owned by the 

Nation. All of these lands were purchased by the Nation on the open real estate market 

from willing sellers between 1987 and 2005. 
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2.3 Ongoing and Planned Nation Development Projects and 

Activities 

In addressing potential environmental consequences it is necessary to identify reasonably 

foreseeable future actions by the applicant (the Nation) or others. This provides the basis 

for an assessment of cumulative effects of past, present and future actions. With regard to 

the latter, the BIA has selected a five-year planning horizon. The proposed land trust 

conveyance involves the transfer of title to Nation lands to the Federal government with 

no change in use of the subject properties or any ground-disturbing activities. The 

Nation’s reasonably foreseeable future projects, as well as, projects that are currently 

ongoing are unrelated to this Federal action and do not require that lands be conveyed 

into trust. The Nation has indicated by way of formal letters (June 22 and August 18, 

2006) to the BIA that it does have current improvements and activities in various stages of 

completion or slated for construction in the near future, mainly related to Turning Stone 

Resort & Casino amenities and member housing. These are described below but as noted 

above, these projects and activities are not directly related to the Trust Application as they 

would be carried out in any event: 

• Turning Stone Resort & Casino – The present physical structure, features, and 

footprint of the Turning Stone Resort & Casino are the result of completing the 

implementation of a nearly decade-long Master Plan by the Nation. The 

overarching development objective has been to establish and sustain a “Premier 

Destination Resort”, making positive enhancements to meet that goal. The 

business is now servicing a debt of over $300 million for the investments in 

creating what is now the Turning Stone Resort & Casino. Projects underway or 

slated for near term construction include: 

o A 15-18,000 square-foot Nightclub addition to the existing casino building 

( underway - anticipated completion spring 2007); 

o Redecorating of the casino interior; 

o A new comfort station at the Atunyote golf course (scheduled to begin in 

fall 2006 - anticipated completion late fall 2006 or early spring 2007); 

o Three new indoor tennis courts located within a dome and three outdoor 

tennis courts with lighting (scheduled to begin summer 2006 - anticipated 

completion spring 2007); 

o A 12,000 square-foot clubhouse connecting the existing golf dome with a 

new tennis dome to house racquet and squash courts (scheduled to being in 

summer 2006 - anticipated completion spring 2007); 

o A Native American “sweat lodge” behind the spa building (underway - 

anticipated completion October 2006); 

o A 60 x 60-ft grass helicopter pad (no fueling station or storage and lighting 

only activated by pilot upon take-off/landing) adjacent to an existing 
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“Team Member” parking lot at the Turning Stone Resort & Casino 

(underway - anticipated completion fall 2006); and 

o Installation of three to four underground grease interceptor tanks designed 

to reduce biochemical oxygen demand in the wastewater sent to the 

municipal wastewater treatment system (completed July 2006). 

• Other Nation business enterprises – The Nation would maintain its current 

enterprises and has no plans to open new business operations or to expand the 

existing ones onto undeveloped lands. 

• Nation government services and affairs – All of these services and affairs would 

continue to be provided and their respective localities would be maintained. 

• Nation member housing – The 98 existing member residences located throughout 

the 17,370 acres would continue to be maintained. The Nation has identified a 

total of 15 proposed sites for construction of member housing in the reasonably 

foreseeable future. This housing would be located in the communities of Lenox, 

Lincoln, Stockbridge, and Sullivan in Madison County and in Vernon and Verona 

in Oneida County. In addition, there are 66 member families on the waiting list for 

future residences. Locations for these future residences have not been determined 

at this time.

• Deteriorated structures – The Nation has identified 58 tax lots where demolition of 

unsafe or unsound structures is to occur. As of August 2006, deteriorated 

structures (e.g., non historic or architecturally unique homes, barns, silos, sheds, 

and mobile homes) on nine properties have been demolished and the rest are 

pending. Prior to removing any of these structures, the Nation conducts an 

evaluation of each including a cultural value assessment and eligibility 

determination for listing of the National Register of Historic Places. As stated 

earlier, the demolition program is not related to the trust action and will be 

completed before the end of 2006. 

• Cultural and historic resources – The current cultural and historic resources 

presently identified throughout the 17,370 acres would be maintained and 

preserved. 

• Hunting and fishing, wetlands mitigation, and conservation buffer areas – All of 

these current uses would be maintained in the future. 

• Active and inactive pasture and agriculture – Current rentals and cropping patterns 

are expected to remain essentially the same in future years. There may be a slight 

increase in the Black Angus herd and crop production on some presently unused 

parcels that are suitable for agriculture. Increased crop production would be 

dependent on market conditions 

• Other improvements in the foreseeable future would include routine upgrades and 

maintenance as needed on existing Nation lands. 

Overall, the future uses planned for Nation lands are, in essence, similar to their existing 

usages. All present utility and related service easements and respective access would 

remain in place resulting in no interruption to necessary maintenance by a utility. The 
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lands in question would be regulated in the future under the Nation’s policies; ordinances 

for environmental protection, health and safety, land use, zoning, and cultural, historic or 

archaeological resources; and codes for housing, vehicles, and traffic. In the future, lands 

held in trust by the BIA would continue to be regulated under applicable Federal laws and 

regulations. 

2.4 Description of Alternatives 

This section contains descriptions of the alternatives that are being assessed in the Draft 

EIS. A preferred alternative has not been identified by the BIA at this stage of the 

environmental review process. The BIA anticipates that a preferred alternative will be 

identified not later than the Final EIS. 

There are a total of seven alternatives being evaluated for this project. The selection of 

these alternatives reflects the public comments received during the scoping process and 

NEPA requirements in general. For reference purposes, these alternatives have been 

designated as Alternatives A through G. There are varying amounts of land proposed for 

trust transfer among the alternatives and the disposition of the corresponding lands that 

would be omitted from trust status presents several taxation and jurisdiction scenarios for 

consideration. Under both Alternative A - Proposed Action and Alternative B - Phased 

Acquisition of 35,000 Acres, the entire 17,370 acres of land currently owned by the 

Nation is proposed for conveyance into trust. However, under Alternative C - Group 1 

and 2 Lands, Alternative D - Group 1 Lands Only, Alternative E - Turning Stone Casino 

Gaming Floor Tax Lot, and Alternative F -Alternate Trust Land Grouping, the lands 

proposed for trust conveyance occupy less than the total of 17,370 acres. The lands that 

would be conveyed into trust in any of these alternatives would be under the sovereign 

control and regulatory jurisdiction of the Nation and they would not be subject to 

taxation. On the other hand, in these four alternatives (Alternatives C through F) and in 

alternative G there are lands that would be omitted from trust status and the effects on 

those omitted lands are being evaluated within the following potential 

taxation/jurisdictional scenarios: 

• Property Taxes Paid (PTP) – In this scenario, the taxes relevant to the lands 

omitted from trust would be paid by the Nation and those lands would be under 

the regulatory jurisdiction of the New York State and local governments. 

• Property Taxes Not Paid and Foreclosure (PTNP-F) – In this scenario, the taxes 

relevant to the lands omitted from trust would not be paid by the Nation and 

regulatory jurisdiction of those lands would be under the New York State and 

local governments. These properties would be foreclosed upon by local 

governments or alienated by the Nation in advance of such foreclosures. 

• Property Taxes Not Paid and Dispute Continues (PTNP-DC) – This scenario 

reflects essentially the current situation in that taxes relevant to lands omitted from 

trust would not be paid by the Nation although the position of the New York State 
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and local governments have been that tax payments would be obligatory. 

Similarly, the Nation would continue exercising jurisdiction on these lands while 

the New York State and local governments would dispute this regulatory control. 

• Casino Closes and All Enterprises Close (CC-AEC) - Under Alternative G- No 

Action none of the Nation owned lands would be taken into trust, the Turning 

Stone Resort & Casino would be assumed to be an illegal gaming operation in 

New York State and it along with all SavOn gas stations and other enterprises 

which would be subjected to full taxation would cease operations. The Nation 

would not have sovereignty over any of its reacquired lands. It is the Nation’s 

position that in this scenario it would not have revenue to pay taxes and all of the 

17,370 acres would be alienated or foreclosed. 

2.4.1 Alternative A (Proposed Action) - Group 1, 2, and 3 Lands (17,370 

Acres) 

The Proposed Action (Alternative A) is the conveyance of 17,370 acres of land owned by 

the Nation in Oneida and Madison Counties, New York (Figure 2.4-1) to the U.S. 

government to be held in trust. All of this land has been reacquired in market transactions 

by the Nation and is located within the Nation reservation boundary acknowledged by the 

1794 Treaty of Canandaigua. This Nation land consists of 330 parcels comprising 440 tax 

lots. For clarification, as the Nation purchased properties it formed a classification system 

which enumerated each acquisition as a designated parcel. Some of these parcels 

contained more than one tax lot within them. Thus, there a total of 330 parcels and 440 

tax lots involved. In the text throughout this document this distinction is maintained 

between Nation-owned parcels and the local government records of tax lots. The term 

properties is used here in a generic sense. 

In the preparation of the Nation’s Trust Application, the BIA requested that the Nation 

group its lands according to use. The Nation divided its lands into three groups designated 

as Groups 1, 2, and 3 (the Groupings). Group 1 lands are generally associated with the 

Turning Stone Resort & Casino, the Nation’s tribal gaming casino. Group 2 lands are 

generally associated with the Nation’s government and cultural facilities, housing, health, 

education, and hunting as well as lands currently being used for Nation enterprises such as 

convenience stores, service stations, newspaper operations, marinas, and agriculture. 

Group 3 lands are generally undeveloped, active and inactive agriculture, and lands that 

are subject to a competing claim of sovereignty by the Stockbridge-Munsee Community of 

Wisconsin, an Indian tribe located in the State of Wisconsin. It should be noted that these 

land groupings are not reflective of the value to the lands to the Nation but rather 

groupings of a functional nature. Figure 2.4-1 illustrates the location of the Groupings 

that constitute the 17,370 acres of lands proposed for trust conveyance under Alternative 

A. 
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Figure 2.4-1 

Alternative A (Proposed Action) Group 1, 2, and 3 Lands 
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A summary of the Groupings by acreage and use is as follows: 

Group 1 lands – The Gaming and Resort Group comprises a total of approximately 3,428 

acres or 20 percent of the proposed land to be placed into trust and contains: 

• Gaming area at the Turning Stone Resort & Casino including over 2,400 cashless 

multi-game machines, over 100 table games, Bingo Hall, and Poker Room; 

Lodging on-site including the Lodge at Turning Stone (98 suites), Tower at 

Turning Stone (287 rooms and suites), Inn at Turning Stone (62 rooms), and Hotel 

at Turning Stone (258 rooms); Day Spa & Salon; Event Center; Conference 

Center; 11 dining facilities; a food court; storage area; an indoor swimming pool; 

and an indoor promenade adjacent to Poker Room; 

• Five golf courses, golf dome, and club houses - Atunyote, Kaluhyat, Shenendoah, 

Pleasant Knolls, and Sandstone Hollow Golf Courses; the Shenendoah Golf Course 

contains 6,000 square feet of meeting space and a 400-seat banquet room; 

• Related casino resort and golf course maintenance, parking, and warehouse 

facilities; 

• Bus, employee, and patron parking areas; 

• Co-generation electric station; 

• RV campground – Villages at Turning Stone RV Park (175 paved sites) and 

Peaceful Pines Campground; 

• One SavOn gas station and convenience store; 

• Associated with six identified archaeological sites and 33 archaeological sensitive 

properties; 

• Nation member housing (two total residences); and 

• Open space lands contiguous and integral to the active gaming and resort 

properties. 

Group 2 lands – The Non-Gaming Group comprises a total of approximately 6,475 acres 

or 37 percent of the proposed land to be placed into trust and contains: 

• Nation government services and affairs - family and legal services; health care 

services; administration offices; child care and elders services (the Ray Elm 

Children & Elders Center); recreation, telecommunication and information 

services; media relations; and security; 

• Other business enterprises - Four Directions Production, 12 SavOn gas stations 

and convenience stores; Standing Stone Gaming, Retail Outlet, and wholesale 

distribution, and warehouse facilities; sand and gravel quarry; public access 

marinas (Marion Manor, Snug Harbour, and Marinar’s Landing); CNY Fiberglass 

and Boat Repair; and crop rental on some agricultural land holdings; 

• Cultural and historic resources - burial grounds, festival sites, historic sites, living 

history reenactment sites, and agricultural lands for production of traditional 

crops; 
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• Associated with 94 identified archaeological sites and 116 archaeological sensitive 

properties; 

• Nation member housing - Village of the White Pines and individual residences 

(total of 83 residences); 

• Internship housing for Nation employees in training; 

• Active and inactive pasture and agriculture; 

• Wetlands mitigation site; and 

• Hunting and fishing, and conservation buffer areas. 

Group 3 lands – The Non-Gaming Other Group comprises approximately 7,467 acres or 

43 percent of the proposed land to be placed into trust and contains: 

• Nation member housing (13 total residences); 

• Cultural and historic resources - longhouse village sites, burial grounds, historic 

sites, and agricultural lands for production of traditional crops; 

• Associated with 57 identified archaeological sites and 43 archaeological sensitive 

properties; 

• Active and inactive pasture and agriculture - crop rental, silage operation, and 

Black Angus Beef farm (over 600 head of cattle); and 

• Hunting and fishing, and conservation buffer areas. 

The Groupings consist of 440 individual tax lots. The land comprising the Groupings 

occupies 6,594 acres or 1.5 percent of the total area of Madison County (432,152 acres) 

and 10,776 acres or 1.3 percent of the total area of Oneida County (814,934 acres. 

Alternative A would represent 1.4 percent of the area of both counties. 

2.4.2 Alternative B – Phased Acquisition of 35,000 Acres 

Alternative B involves the conveyance of 35,000 acres of land by the Nation in Oneida 

and Madison Counties, New York to the U.S. government to be held in trust. All of the 

land beyond the 17,370 acres now owned would be reacquired by the Nation within its 

reservation boundaries from willing sellers. Alternative B would include the presently 

owned 17,370 acres described above under Alternative A and up to 17,630 additional 

acres that would be purchased by the Nation in the future. The number or location of 

properties comprising the 17,630 acres has not been identified (Figure 2.4-2). 
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Figure 2.4-2 

Alternative B: Phased Acquisition of 35,000 Acres 
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In February 2002, New York State announced that it, the Nation, and Madison and 

Oneida Counties had agreed on the framework of a land claim settlement that included 

35,000 acres to be held and governed by the Nation. To date, no settlement has been 

reached. However, an alternative that includes the potential acquisition of 35,000 acres in 

trust would be consistent with this settlement framework and could also be responsive to 

comments received during the scoping process that stressed the importance of a contiguous 

group of Nation lands that share a unified border or boundary, and others that expressed 

concerns over jurisdictional issues that could arise from interspersed Nation and nonNation lands. Properly located, the acquisition of additional lands can further the 

compactness of the Nation’s land base. 

Under Alternative B, the BIA would consider and examine the potential to form a 35,000-

acre group of land that maximizes compactness and congruity to the greatest possible 

extent. Under this alternative, the BIA would accept 17,370 acres into trust as under 

Alternative A. Future requests by the Nation for the acquisition of additional lands in trust 

consistent with the 35,000-acre settlement framework would be subjected to the 

appropriate NEPA review; the current NEPA review is intended to be an analysis of 

potential impacts for all potential trust acquisitions within the designated acquisition area 

in the next five years, but each trust acquisition beyond the 17,370 acres would be 

reviewed individually under its own application to determine if any additional impact 

analyses are needed. 

The present land use of the 17,370 acres already owned by the Nation is described above 

under Alternative A. The remaining lands to be purchased within the Nation reservation 

boundaries have not been specifically identified, although those lands would be located in 

Oneida and Madison Counties and very near or directly adjacent to existing Nation lands, 

which make it practicable to analyze acquisition impacts. Combined, the 35,000 acres 

would represent approximately 2.8 percent of the total area of both counties 

Overall, the uses planned for the land proposed under Alternative B for conveyance into 

trust would expect to be generally similar to their existing uses. All present utility and 

related service easements and respective access would remain in place. The currently 

owned lands (17,370 acres) that would comprise a portion of the land under Alternative B 

would be regulated in the future under the Nation’s policies; ordinances for environmental 

protection, health and safety, land use, zoning, and cultural, historic or archaeological 

resources; codes for housing, vehicles, and traffic; and under federal law as applicable. The 

newly acquired properties that would make up the balance of the Alternative B trust 

acquisition would be subject to these Nation policies, ordinances, and codes, as well as 

applicable federal laws and regulations. 
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2.4.3 Alternative C – Group 1 and 2 Lands 

Alternative C would involve the initial conveyance into trust of only Group 1 and 2 lands 

(Figure 2.4-3). Group 3 lands are generally not as developed as the lands in Groups 1 and 

2; further, some Group 3 lands are subject to a competing tribal sovereignty claim. With 

this alternative, Group 1 and 2 lands (approximately 9,903 acres) would be conveyed into 

trust, while Group 3 lands would possibly be subject to a separate future trust acquisition 

and environmental review process. All of this land is located within the Nation reservation 

boundaries acknowledged by the 1794 Treaty of Canandaigua. 

2.4.3.1 Alternative C Lands Entering Trust 

Alternative C includes the prioritized Group 1 and Group 2 lands. Group 1 consists 

generally of lands associated with the Turning Stone Resort & Casino. Group 2 is 

comprised of lands associated with the Nation’s government and member services, 

member housing, health and education centers, and hunting and fishing lands, as well as 

lands in current use for other Nation enterprises such as convenience stores, service 

stations, newspaper operations, marinas, and agriculture. The present uses of Group 1 

and 2 lands are described above in Section 2.4.1 Alternative A (Proposed Action). 

Collectively, the trust lands of Alternative C would include the Turning Stone Resort & 

Casino, as well as lands associated with all the Nation’s government and member services, 

85 member residences, health and education centers, 5,409 acres of agriculture, 2,235 

acres of hunting and fishing lands, 2,263 acres of wetlands and lands in current use for 

other Nation enterprises such as convenience stores, 13 SavOn gas stations and 

convenience stores, newspaper operations, and marinas. The proposed trust lands would 

also contain a large number of historic and cultural resources including 100 of the 

identified archaeological sites. 

Alternative C is comprised of 9,903 acres on 336 tax lots; the 96 tax lots on Group 1 

lands are all located within the boundaries of Oneida County and the 240 tax lots on 

Group 2 lands are located within both Oneida and Madison Counties. Alternative C 

lands comprise 7,986 acres or 1.0 percent of the area of Oneida County and 1,917 acres 

or 0.4 percent of the area of Madison County. Collectively, the 9,903 acres represents 0.8 

percent of the total area of both counties. 
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Figure 2.4-3 

Alternative C: Group 1 and 2 Lands 
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2.4.3.2 Lands Omitted from Trust in Alternative C 

The lands omitted from trust under Alternative C would be those that make up Group 3 

as described above. Group 3 lands comprise 104 tax lots encompassing 7,467 acres, 

which is 0.6 percent of the total area of Madison and Oneida Counties. These Group 3 

lands contain 13 Nation member residences and are associated with a large number of 

culturally-important localities including 57 identified archaeological sites and 43 sensitive 

archaeological properties. By acreage, the current use of these lands is predominately 

active and inactive agriculture, which includes the Black Angus beef farm, along with 

hunting and fishing areas. The disposition of these lands omitted from trust is evaluated 

under the following taxation/jurisdiction scenarios. 

Property Taxes Paid 

Under the Property Taxes Paid (PTP) scenario, the property taxes relevant to the 7,467 

acres contained within 104 tax lots omitted from trust would be paid and those lands 

would be under the regulatory jurisdiction of the State of New York and local 

governments. The Nation would retain ownership of these lands in conjunction with the 

9,903 acres of land that would be transferred into trust under Alternative C. The Nation 

would have sovereignty over the trust lands but not over the omitted lands. Similarly, 

taxes would not be paid on the lands in trust but would be paid on the omitted lands. 

Accordingly, New York State and local governments would have regulatory jurisdiction 

over the 13 Nation member residences, cultural and archaeological localities, and the 

Black Angus beef farm. The Turning Stone Resort & Casino and a majority of the other 

Nation enterprises including 13 SavOn gas stations and convenience stores and the 

marinas would continue to operate on the trust land. The Nation’s government services 

and member programs would be maintained on trust lands. 

Property Taxes Not Paid and Foreclosure 

Under the Property Taxes Not Paid and Foreclosure (PTNP-F) scenario, the taxes relevant 

to the 7,467 acres omitted from trust would not be paid and regulatory jurisdiction of 

those lands would be under the New York State and local governments. Similar to the 

PTP scenario discussed above, the Nation would have sovereignty over the trust status 

lands under Alternative C but not over the omitted lands. The Turning Stone Resort & 

Casino and a majority of the other Nation enterprises including 13 SavOn gas stations and 

convenience stores and the marinas would continue to operate on the trust land. The 

Nation’s government services and member programs would be maintained on the lands 

held in trust. However, since taxes would not be paid on the omitted lands, these 7,467 

acres would be foreclosed or alienated. 

Property Taxes Not Paid and Dispute Continues 

The Property Taxes Not Paid and Dispute Continues (PTNP-DC) scenario reflects 

essentially the current situation in that taxes relevant to the 7,467 acres omitted from trust 

would not be paid and that these lands would continue to be regulated by the Nation. 
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Thus, the Nation would retain ownership of these lands and regulate them in conjunction 

with the 9,903 acres of land that would be transferred into trust under Alternative C. The 

Turning Stone Resort & Casino and all of the other Nation enterprises would continue to 

operate on the trust lands or omitted lands. The Nation’s government services and 

member programs, all cultural and historic sites, and all Nation member housing would be 

maintained on lands regulated by the Nation. However, the position of the New York 

State and local governments has been that they have the authority to regulate the lands 

omitted from trust and that the decision in City of Sherrill v. Oneida Nation, 544 U.S. 197 

(2005) subjects these lands to taxation. On the other hand, decisions in Oneida Nation v. 

Madison County, 401 F. Supp. 2nd 219 (N.D.N.Y. 2005) and in Oneida Indian Nation v. 

Oneida County, --- F.Supp.2nd---, 2006 WL 1517522 (N.D.N.Y. June 02, 2006) hold that 

the New York State and local governments may not collect taxes nor foreclose on Nation 

lands for non-payment of property taxes without U.S. Congressional approval. Under this 

scenario, the dispute over the taxation and jurisdiction of the lands omitted from trust 

would persist. 

2.4.4 Alternative D – Group 1 Lands Only 

Alternative D includes only the lands that are part of Group 1, i.e., the lands that comprise 

the Turning Stone Resort & Casino (Figure 2.4-4). This alternative was developed in 

response to comments made during the scoping process to limit lands acquired in trust to 

the resort-casino complex and associated lands. Under this alternative, 3,428 acres would 

be conveyed into trust. All of this land has been reacquired by the Nation within the 

boundaries of its reservation acknowledged by the 1794 Treaty of Canandaigua. 

2.4.4.1 Alternative D Lands Entering Trust 

The present uses of the land under Alternative D - Group 1 lands are described above in 

Section 2.4.1 Alternative A (Proposed Action). Alternative D includes two member 

residences, the Turning Stone Resort & Casino, one SavOn gas station and convenience 

store, 1,549 acres of agriculture, 843 acres of wetlands, and six identified archeological 

sites. The land under Alternative D consists of 96 tax lots located within the boundaries 

of Oneida County. Alternative D comprises 3,428 acres or 0.4 percent of Oneida County. 
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Figure 2.4-4 

Alternative D: Group 1 Lands Only 
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2.4.4.2 Lands Omitted from Trust in Alternative D 

The lands omitted from trust under Alternative D would be Groups 2 and 3 lands as 

described above in Section 2.4.1 Alternative A (Proposed Action). Collectively these lands 

comprise 344 tax lots encompassing 13,942 acres, which is 1.1 percent of the total area of 

Madison and Oneida Counties The current uses of these lands includes all of the Nation’s 

government services and affairs; all of the member program centers; and all of the Nation 

enterprises that are not directly linked to the Turning Stone Resort & Casino including 12 

SavOn gas stations and convenience stores and the public access marinas. Other land uses 

are predominately active and inactive agriculture, which includes the Black Angus beef 

farm, hunting and fishing areas and the wetlands mitigation site. This land includes 96 of 

the total 98 Nation member residences and is associated with a large number of culturally 

important localities including 157 identified archaeological sites and 159 sensitive 

archaeological properties. The disposition of the lands omitted from trust is evaluated 

under the following taxation/jurisdiction scenarios. 

Property Taxes Paid 

Under the PTP scenario, the taxes relevant to the 13,942 acres within 344 tax lots not 

entering trust would be paid and those lands would be under the regulatory jurisdiction of 

the New York State and local governments. The Nation would retain ownership of these 

lands in conjunction with the 3,428 acres of land that would be transferred into trust in 

Alternative D. The Nation would have sovereignty over the trust lands but not over the 

omitted lands. Similarly, taxes would not be paid on the lands in trust but would be paid 

on the omitted lands along with any applicable sales and excise taxes related to Nation 

enterprises located there. Accordingly, the New York State and local governments would 

have regulatory jurisdiction over the 96 member residences, cultural and archaeological 

sites, wetlands mitigation site, Black Angus Beef farm, 12 SavOn gas stations and 

convenience stores, public marinas, and all of the land where facilities housing the 

Nation’s government services and member programs are located. The Nation would not 

have sovereign control over any of these lands. The Turning Stone Resort & Casino and 

one SavOn gas station and convenience store would continue operations on trust land. 

Property Taxes Not Paid and Foreclosure 

Under the PTNP-F scenario, the taxes relevant to the 13,942 acres not entering trust 

would not be paid and regulatory jurisdiction of those lands would be under the New 

York State and local governments. Similar to the PTP scenario described above, the 

Nation would have sovereign control over the trust status lands under Alternative D but 

not over the omitted lands. The Turning Stone Resort & Casino and one SavOn gas 

station and convenience store would continue operations on trust land. However, since 

taxes would not be paid on the omitted lands these 13,942 acres would be alienated or 

foreclosed. 
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Property Taxes Not Paid and Dispute Continues 

The PTNP-DC scenario reflects essentially the current situation in that taxes relevant to 

the 13,942 acres omitted from trust would not be paid and that these lands would 

continue to be regulated by the Nation. Thus, the Nation would retain ownership of these 

lands and regulate them in conjunction with the 3,428 acres of land that enters trust status 

under Alternative D. The Turning Stone Resort & Casino and all of the other Nation 

enterprises would continue operations on the trust land or omitted lands. The Nation’s 

government services and member programs, all cultural and historic sites, and all Nation 

member housing would be maintained on lands regulated by the Nation. However, the 

position of the New York and local governments has been that they have the authority to 

regulate the lands omitted from trust and that the decision in City of Sherrill v. Oneida 

Nation, 544 U.S. 197 (2005) subjects these lands to taxation. On the other hand, 

decisions in Oneida Nation v. Madison County, 401 F. Supp. 2nd 219 (N.D.N.Y. 2005) 

and in Oneida Indian Nation v. Oneida County, --- F.Supp.2nd---, 2006 WL 1517522 

(N.D.N.Y. June 02, 2006) hold that New York State and the local governments may not 

collect taxes nor foreclose on Nation lands for non-payment of property taxes without 

approval from the U.S. Congress. Under this scenario, the dispute over the taxation and 

jurisdiction of the lands omitted from trust would persist. 

2.4.5 Alternative E –Turning Stone Casino Gaming Floor Tax Lot 

Alternative E was created in response to suggestions presented in the scoping comments to 

place only the lands comprising the Turning Stone Resort & Casino proper into trust 

(Figure 2.4-5). The Turning Stone Resort & Casino gaming floor is located on one tax lot 

in the Town of Verona, New York within Oneida County. Taken together with land and 

the facilities beyond the casino gaming floor, the tax lot consists of two parcels totaling 

approximately 225 acres. This land has been reacquired by the Nation within its 

reservation boundaries. 

2.4.5.1 Alternative E Land Entering Trust 

The present uses of the land under Alternative E comprises the operation of the Turning 

Stone Resort & Casino gaming area including over 2,400 cashless multi-game machines, 

over 100 table games, Bingo Hall, and Poker Room; Lodging on site including the Lodge 

at Turning Stone (98 suites), Tower at Turning Stone (287 rooms and suites), and the 

Hotel at Turning Stone (258 rooms); Day Spa & Salon; Event Center; Conference Center; 

dining facilities; an indoor swimming pool; an indoor promenade adjacent to the Poker 

Room; part of two golf courses (Shenendoah and Sandstone Hollow Golf Courses); related 

casino resort and golf course maintenance, parking, and warehouse facilities; parking 

areas; and one SavOn gas station and convenience store. Alternative E comprises 

approximately 225 acres or 0.03 percent of Oneida County. 
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Figure 2.4-5 

Alternative E: Turning Stone Casino Gaming Floor Tax Lot 
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2.4.5.2 Lands Omitted from Trust in Alternative E 

The lands omitted from trust under Alternative E are those lands that make up the 

majority of Group 1 and all of Groups 2 and 3 lands as described above in Section 2.4.1 

Alternative A (Proposed Action). Collectively, these lands comprise 439 tax lots and cover 

17,145 acres, which is 1.4 percent of the total area of Madison and Oneida Counties The 

current uses of these lands includes all of the Nation’s government services and affairs; all 

of the member program centers; and all of the Nation enterprises that are not directly 

linked to the Turning Stone Resort & Casino including 12 SavOn gas stations and 

convenience stores and the public access marinas. Other land uses are predominately 

active and inactive agriculture, which includes the Black Angus beef farm, hunting and 

fishing areas and the wetlands mitigation site. The lands omitted from trust here actually 

would include a number of the Turning Stone Resort & Casino facilities such as portions 

of the golf courses, lodging, and parking lots. This land contains all 98 Nation member 

residences and is associated with all of the culturally important localities in the area 

including 157 identified archaeological sites and 192 sensitive archaeological properties. 

The disposition of the lands omitted from trust is being evaluated under the following 

taxation/jurisdiction scenarios. 

Property Taxes Paid 

Under the PTP scenario, the taxes relevant to the 17,145 acres within 439 tax lots not 

entering trust would be paid and those lands would be under the regulatory jurisdiction of 

the New York State and local governments. The Nation would retain ownership of these 

lands in conjunction with the 225 acres of land that would be transferred into trust under 

Alternative E. The Nation would have sovereign control over the trust land but not over 

the omitted lands. Similarly, taxes would not be paid on the land in trust but would be 

paid on the omitted lands. Accordingly, New York State and the local governments would 

have regulatory jurisdiction over all 98 Nation member residences, cultural and 

archaeological localities, wetlands mitigation site, Black Angus Beef farm, 12 SavOn gas 

stations and convenience stores, public marinas, portions of the Turning Stone Resort & 

Casino, and all the land where facilities housing the Nation’s government services and 

member programs are located. The Nation would not have sovereign control over any of 

these lands. The Turning Stone Resort & Casino gaming floor and some attendant 

facilities would continue operations on the trust land. 

Property Taxes Not Paid and Foreclosure 

Under the PTNP-F scenario, the taxes relevant to the 17,145 acres not entering trust 

would not be paid and regulatory jurisdiction of those lands would be under New York 

State and the local governments. Similar to the PTP scenario described above, the Nation 

would have sovereign control over the trust status land in Alternative E but not over the 

omitted lands. The Turning Stone Resort & Casino gaming floor and some attendant 

facilities would continue operations on the trust land. However, since taxes would not be 

paid on the omitted lands, the 17,145 acres would be alienated or foreclosed. 
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Property Taxes Not Paid and Dispute Continues 

The PTNP-DC scenario reflects essentially the current situation in that taxes relevant to 

the 17,145 acres omitted from trust would not be paid and that these lands would 

continue to be regulated by the Nation. Thus, the Nation would retain ownership of these 

lands and regulate them in conjunction with the 225 acres of land that enters trust status 

in Alternative E. The Turning Stone Resort & Casino and all of the other Nation 

enterprises would continue operations on the trust land or omitted lands. The Nation’s 

government services and member programs, all cultural and historic sites, and all Nation 

member housing would be maintained on lands regulated by the Nation. However, the 

position of New York State and the local governments has been that they have the 

authority to regulate the lands omitted from trust and that the decision in City of Sherrill 

v. Oneida Nation, 544 U.S. 197 (2005) subjects these lands to taxation. On the other 

hand, decisions in Oneida Nation v. Madison County, 401 F. Supp. 2nd 219 (N.D.N.Y. 

2005) and in Oneida Indian Nation v. Oneida County, --- F.Supp.2nd---, 2006 WL 

1517522 (N.D.N.Y. June 02, 2006) hold that the New York State and local governments 

may not collect taxes nor foreclose on Nation lands for non-payment of property taxes 

without approval of the U.S. Congress. Under this scenario, the dispute over the taxation 

and jurisdiction of the lands omitted from trust would persist. 

2.4.6 Alternative F – Alternate Trust Land Grouping 

Alternative F is based upon combining all of the parcels contained in Group 1 lands with 

additional parcels from Group 2 and 3 lands to facilitate the formation of a more compact 

and contiguous group of trust lands. This alternative responds, in particular, to statements 

from local governments suggesting that a more compact and contiguous trust land 

grouping than the Proposed Action (Alternative A) should be considered. With this 

alternative, parcels derived from Group 1, 2 and 3 lands have been identified and 

assembled into a more consolidated alternative group for conveyance into trust by the BIA 

(see Figure 2.4-6). 

2.4.6.1 Criteria for Selecting the Alternative F Trust Land Grouping 

There are two principal criteria that were identified by the BIA to form the basis for 

developing a condensed trust land grouping for Alternative F. The first criterion is to 

create a more compact and contiguous physical property association than provided by the 

Proposed Action. The other criterion is to meet the Nation’s purpose and need for the 

Proposed Action. 
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Figure 2.4-6 

Alternative F: Alternate Trust Land Grouping 
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It is recognized that the Nation has been attempting to re-assemble a land base and 

homeland from alienated properties. To accomplish this, the Nation has had to reacquire 

properties that have been divided or subdivided over the years by non-Indians. As the 

Nation purchased parcels to re-create its homeland, it has never had control over all of the 

specific properties that it may have wished to reacquire. The result is that some of the 

parcels currently owned by the Nation are directly adjacent to one another while others 

are physically separated from each other. 

The Oneida have chosen to purchase property only located within their historic homeland, 

is completely located within their reservation boundaries, and currently occupies an area 

of roughly 20 by 20 miles. The latter in itself can be viewed as a compact land 

assemblage. The Oneida have pursued a deliberate reacquisition strategy that has focused 

on their ancestral lands and has resulted in re-establishing their culture on parcels that are 

spatially concentrated and, where feasible, directly contiguous to one another. There has 

been a concerted effort by the Oneida to create a compact and contiguous land base to the 

extent practicable given that these parcels could only be acquired from willing sellers. 

Other sellers have been approached by the Oneida in the past to further unify their land 

base, but these owners have been unwilling to sell or only to sell at exorbitant prices. 

The other criterion is that this land grouping must meet the purpose and need for the 

Proposed Action. The purpose and need is to protect and promote the Nation’s cultural 

and social preservation, expression, and identity; political self-determination; selfsufficiency; and economic growth by providing and preserving a tribal land base and 

homeland that is secure from future alienation. 

2.4.6.2 Identified Grouping for Alternative F 

The selected configuration of parcels that comprises Alternative F is depicted in Figure 2.4-

6. Note that the especially valued Simpson and Vaillancourt archaeological sites are 

included in Alternative F even though they fall slightly outside of the main aggregation of 

lands. Alternative F encompasses 11,986 acres on an area of about 10 by 14 miles; in 

comparison, Alternative A encompasses 17,370 acres that is located over a 20 by 20 mile 

area. Thus, while Alternative F occupies 69 percent of the Alternative A land acreage, it is 

arrayed across a region that is only 35 percent of that of the Proposed Action. 

The lands comprising Alternative F are entirely contained within a single watershed and 

reflect both historic and current cultural attributes of the Oneida. There is a nexus of key 

prior and present transportation routes in the approximate center of the lands comprising 

Alternative F where I-90 and the Seneca Turnpike (NYS Route 5) intersect Oneida Creek. 

These transportation routes provided a critical, easily accessible east-west trade route 

dating back hundreds of years. While the Oneida hunting grounds extended traditionally 

north to the St. Lawrence River and south to the Susquehanna River, the population 

became more and more concentrated to the southeast of Oneida Lake through the 
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sixteenth century. This area was the location of the principal Oneida villages from 1635 

to 1850 as they developed along Oneida Creek including major villages documented at the 

Sterling site and at Kanonwalohale (Oneida Castle), which is the home of the Oneida 

stone. These are among the many significant Oneida archaeological sites that were 

considered to be an important cultural compactness factor in formulating Alternative F. 

Functionally, Alternative F includes the majority of Nation member housing, most of the 

Nation’s enterprises, all the Nation’s government facilities, and all of the properties 

containing member services. The parcels within Alternative F are for the most part located 

within a reasonably short driving time of around 15 minutes from each other. 

Complete contiguousness of the Alternative F parcels is neither practical nor reasonable 

considering the process of reacquisition that the Oneida had to pursue. However, of the 

total 289 Nation owned parcels under Alternative F, 228 or 79 percent are located directly 

adjacent to another parcel and many others are separated by only a roadway or a few nonNation owned properties. Overall, the lands under Alternative F are more compact and 

contiguous than under Alternative A - Proposed Action. The focused nature and intent of 

the Nation’s reacquisition process in the very restricted geographic area of portions of two 

counties is evidence of a dedicated effort to recreate a very compact and contiguous land 

base encompassing all of the presently owned Nation parcels. 

2.4.6.3 Alternative F Lands Entering Trust 

In combination, the present uses of the Alternative F lands include the following: 

• Gaming area at the Turning Stone Resort & Casino including over 2,400 cashless 

multi-game machines, over 100 table games, Bingo Hall, and Poker Room; 

Lodging on-site including the Lodge at Turning Stone (98 suites), Tower at 

Turning Stone (287 rooms and suites), Inn at Turning Stone (62 rooms), and 

Hotel at Turning Stone (258 rooms); Day Spa & Salon; Event Center; Conference 

Center; 11 dining facilities; a food court; a storage area; an indoor swimming pool; 

and an indoor promenade adjacent to the Poker Room; 

• Five golf courses, golf dome, and club houses - Atunyote, Kaluhyat, Shenendoah, 

Pleasant Knolls, and Sandstone Hollow Golf Courses; the Shenendoah Golf Course 

contains 6,000 square feet of meeting space and a 400 seat banquet room; 

• Related casino resort and golf course maintenance, parking, and warehouse 

facilities; 

• Bus, employee, and patron parking areas; 

• Co-generation electric station; 

• RV campground – Villages at Turning Stone RV Park (175 paved sites) and 

Peaceful Pines Campground; 

• Open space lands contiguous and integral to active gaming and resort properties; s 
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• Nation government services and affairs - family and legal services; health care 

services; administration offices; child care and elders services (Ray Elm Children & 

Elders Center); recreation; telecommunication and information services; media 

relations; and security; 

• Other business enterprises - Four Directions Production, 13 SavOn gas stations 

and convenience stores; Standing Stone Gaming, Retail Outlet, wholesale 

distribution and warehouse facilities; public access marinas (Marion Manor, Snug 

Harbour, Marinar’s Landing); CNY Fiberglass and Boat Repair; and crop rental 

on some agricultural land holdings; 

• Cultural and historic resources - burial grounds; historic sites; living history 

reenactment sites; land for reforestation of black ash used in traditional basket 

making; and archaeological sites including Simpson (Nichols Pond), Vaillancourt, 

Sterling, Kanonwalohale (Oneida Castle); 

• Associated with a total of 111 identified archaeological sites and 160 sensitive 

archaeological properties; 

• Nation member housing - Village of the White Pines and individual residences; 

total of 80 residences; 

• Internship housing for Nation employees in training; 

• Active and inactive pasture and agriculture; 

• Wetlands mitigation site; and 

• Hunting and fishing, and conservation buffer areas. 

Alternative F comprises 373 tax lots that encompass 11,986 acres; 274 tax lots are located 

within Oneida County while 99 tax lots are located within Madison County. Alternative F 

covers approximately 9,834 acres or 1.2 percent of the area of Oneida County and 

approximately 2,152 acres or 0.5 percent of the area of Madison County. Collectively, the 

11,986 acres represent about 1.0 percent of the total area of both counties. 

2.4.6.4 Lands Omitted from Trust in Alternative F 

The lands omitted from trust in Alternative F comprise 67 tax lots that encompass 5,384 

acres, which is 0.4 percent of the total area of Madison and Oneida Counties. This land 

contains 18 Nation member residences and is associated with culturally important 

localities including 46 identified archaeological sites and 32 sensitive archaeological 

properties. By acreage, the current land use is predominately active and inactive 

agriculture that includes the Black Angus Beef farm along with some hunting and fishing 

areas. The disposition of these lands omitted from trust being evaluated under the 

following taxation/jurisdiction scenarios. 

Property Taxes Paid 

Under the PTP scenario, the taxes relevant to the 5,384 acres within 67 tax lots not 

entering trust would be paid and those lands would be under the regulatory jurisdiction of 

the New York State and local governments. The Nation would retain ownership these 
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lands in conjunction with the 11,986 acres of land that would be transferred into trust in 

Alternative F. The Nation would have sovereign control over the trust lands, but not over 

the omitted lands. Similarly, taxes would not be paid on the lands in trust but would be 

paid on the omitted lands. Accordingly, New York State and the local governments would 

have regulatory jurisdiction over the 18 member residences, cultural and archaeological 

localities, Black Angus Beef farm, and some hunting and fishing lands. The Turning Stone 

Resort & Casino and a majority of the other Nation enterprises, including all 13 SavOn 

gas stations and convenience stores and the public marinas, would continue operations on 

the trust land. The Nation’s government services and member programs would also be 

maintained on trust lands. 

Property Taxes Not Paid and Foreclosure 

Under the PTNP-F scenario, the taxes relevant to the 5,384 acres not entering trust would 

not be paid and regulatory jurisdiction of those lands would be under the New York State 

and local governments. Similar to the PTP scenario above, the Nation would have 

sovereignty over the trust status lands in Alternative F but not over the omitted lands. The 

Turning Stone Resort & Casino and a majority of the other Nation enterprises including 

all 13 SavOn gas stations and convenience stores and public marinas, would continue 

operations on the trust land. The Nation’s government services and member programs 

would also be maintained on trust lands. However, since taxes would not be paid on the 

omitted lands, these 5,384 acres would be alienated of foreclosed. 

Property Taxes Not Paid and Dispute Continues 

The PTNP-DC scenario reflects essentially the current situation in that taxes relevant to 

the 5,384 acres omitted from trust would not be paid and that these lands would continue 

to be regulated by the Nation. Thus, the Nation would retain of these lands and regulate 

them in conjunction with the 11,986 acres of land that enters trust status in Alternative F. 

The Turning Stone Resort & Casino and all of the other Nation enterprises would 

continue operations on the trust land or omitted lands. The Nation’s government services 

and member programs, all cultural and historic sites, and all Nation member housing 

would be maintained on lands regulated by the Nation. However, the position of the New 

York State and local governments has been that they have the authority to regulate the 

lands omitted from trust and that the decision in City of Sherrill v. Oneida Nation, 544 

U.S. 197 (2005) subjects these lands to taxation. On the other hand, decisions in Oneida 

Nation v. Madison County, 401 F. Supp. 2nd 219 (N.D.N.Y. 2005) and in Oneida Indian 

Nation v. Oneida County, --- F.Supp.2nd---, 2006 WL 1517522 (N.D.N.Y. June 02, 2006) 

hold that the New York State and local governments may not collect taxes nor foreclose 

on Nation lands for non-payment of property taxes without approval from the U.S. 

Congress. In this scenario, the dispute over the taxation and jurisdiction of the lands 

omitted from trust would persist. 
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2.4.7 Alternative G - No Action 

Under the No Action Alternative, the federal government would not acquire any lands 

from the Nation to be held in trust. There are four taxation/jurisdiction scenarios 

considered within the No Action Alternative that are described below. 

Casino Closes and All Enterprises Close 

Following the U.S. Supreme Court’s decision in City of Sherrill v. Oneida Indian Nation in 

2005, issues have been raised regarding the current status of the Nation’s reacquired lands 

and whether they can be used for tribal business such as gaming, tobacco, and fuel sales. 

For example, in a letter dated September 16, 2005 from the Counsel to the Governor of 

New York State to the NIGC, the Governor’s Office contended that the current gaming 

activity at the Turning Stone Resort & Casino is illegal. The letter maintained, among 

other assertions, that the land upon which the Turning Stone Resort & Casino sits is not a 

reservation and, therefore, is not operating lawfully under the Indian Gaming Regulatory 

Act, 25 U.S.C §§ 2701-2721. 

One possible outcome is that New York State’s position on the validity of the casino could 

prevail. As a result, the Nation’s gaming business would be shut down. This Casino 

Closes and All Enterprises Close (CC-AEC) scenario of the No Action Alternative 

evaluates the potential effects of the closure of the Nation enterprises, and the regulatory 

jurisdiction over the Nation’s reacquired lands being under the New York State and local 

governments. 

The existing uses of the lands under Alternative G are identical to those described above 

for Alternative A. Collectively, these lands comprise 440 tax lots that encompass 17,370 

acres, which is 1.4 percent of the total area of Madison and Oneida Counties. The current 

use of these lands is that they comprise all of the Nation’s active and inactive agriculture 

including the Black Angus Beef farm; hunting and fishing areas; the wetlands mitigation 

site; all of the Nation’s government services and affairs; all of the member program 

centers; the Turning Stone Resort & Casino; and all of the other Nation enterprises 

including all 13 SavOn gas stations and convenience stores and the public access marinas. 

This land contains all 98 Nation member residences and is associated with all of the 

Oneida’s culturally important localities including 157 identified archaeological sites and 

192 sensitive archaeological properties. The disposition of these lands under this CC-AEC

scenario of the No Action Alternative would be as follows: 

• Turning Stone Resort & Casino – The Turning Stone Resort & Casino would 

cease operations. The associated Turning Stone Resort & Casino lodging and other 

related supporting resort facilities would also close and the $300 million-plus debt 

service would create a debilitating financial burden that would bankrupt the 

Nation. Attempts could be made to find other uses for the various structures 

within the resort-casino complex, although some would undoubtedly fall into 

neglect and disrepair as the facilities are planned and designed for uses that 

accommodate casino gambling and resort entertainment. 
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• Other Nation business enterprises – The majority of the other Nation enterprises 

are currently not viable business operations and with the added property, sales, 

and excise taxes would all be closed. The combination of tax and debt service 

burdens would significantly reduce the Nation’s revenues resulting in a future 

reliance on federal funding to support the various Nation services and programs. 

• Nation government services and affairs – The respective localities for all of these 

services would not be under the Nation’s sovereign control and the Nation would 

not be able to fund them. As a result, many of the Nation’s functions and services 

would be discontinued or severely limited. The Nation’s health, family services, 

recreation, and cultural enrichment programs would rely heavily on federal 

funding to sustain themselves. 

• Employment – An estimated 5,773 jobs would be lost at the Turning Stone Resort 

& Casino, the other Nation enterprises, the Nation’s government services, and at 

associated non-Nation businesses. 

• Nation member housing – The Nation’s housing program would rely primarily on 

federal funding to sustain it. Lands upon which Nation member residences are 

located would not be under the Nation’s sovereign control. 

• Cultural and historic resources – The Nation’s current cultural, historic, and 

archaeological resources would not be under the Nation’s sovereign control and its 

corresponding protection. Some of these lands were purchased by the Nation 

specifically because they are part of their homeland and for the purpose of cultural 

preservation. The Nation, in both its land acquisition decisions and internal 

environmental policies, recognizes that cultural, historic, and archaeological 

resources are invaluable and irreplaceable. The Nation has been active in 

preserving, protecting, and revitalizing tribal culture through cultural education, 

site protection, and creation of a comprehensive repository for materials that have 

historic importance to the Nation. Through these programs, the Nation has not 

only provided a higher level of cultural preservation for current Nation members 

but has also created a continued legacy for generations to come. 

• Hunting and fishing, wetlands mitigation, and conservation buffer areas – Hunting 

and fishing lands, wetlands mitigation lands, and the conservation buffer areas 

would not be under the Nation’s sovereign control. 

• Active and inactive pasture and agriculture – All of the Nation’s active and inactive 

agricultural lands would not be under the Nation’s sovereign control. 

Overall, in this CC-AEC scenario under the No Action Alternative, the Nation’s means of 

economic self-reliance and financial support of its services and programs would be 

eliminated. All of the Nation’s 17,370 acres of land would not be regulated under its 

policies or its ordinances for environmental protection, health and safety, land use, zoning, 

and cultural, historic or archaeological resources; or its codes for housing, vehicles, and 

traffic. Instead, these lands would be under the jurisdiction and regulation of local and 

New York State authorities. Since the Nation would be bankrupt and generating little 

revenue, it could not continue to meet it tax obligations and eventually the 17,370 acres 

would be alienated or foreclosed. If this were to occur, the Nation’s governance, services, 
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and programs would discontinue in their current form and function relying completely 

upon federal funding. The Nation’s land base would be eliminated. 

Property Taxes Paid 

Under the PTP scenario, the taxes relevant to the 17,370 acres would be paid and those 

lands would be under the regulatory jurisdiction of New York State and local governments. The Nation would retain ownership of these lands. The Turning Stone Resort & 

Casino would continue to operate and all other Nation enterprises including the SavOn 

gas stations and convenience stores and public marinas would continue functioning. The 

New York State and local governments would have regulatory jurisdiction over all 98 

member residences, all of the Oneida cultural and archaeological localities, wetlands 

mitigation site, Black Angus Beef farm, all SavOn gas stations and convenience stores, 

public marinas, Turning Stone Resort & Casino, and all the land where facilities housing 

the Nation’s government services and member programs are located. The Nation would 

not have sovereign control over any of its lands, although it may continue to support its 

services and programs with revenues generated from its enterprises. 

Property Taxes Not Paid and Foreclosure 

Under the PTNP-F scenario, the taxes relevant to the 17,370 acres not entering trust 

would not be paid and regulatory jurisdiction of those lands would be under the New 

York State and local governments. The Nation would not have sovereign control over any 

of its lands, although the Turning Stone Resort & Casino and other Nation enterprises 

could continue operation. However, since taxes would not be paid on any of these lands, 

they would all be eventually alienated or foreclosed. As this occurs, all Nation enterprises 

would be shut down, and its government services and programs would cease in their 

current form and function relying completely upon federal funding. The Nation’s land 

base would be eliminated. 

Property Taxes Not Paid and Dispute Continues 

The PTNP-DC scenario reflects essentially the current situation in that taxes relevant to 

the 17,370 acres would not be paid and that these lands would continue to be actively 

regulated by the Nation. Thus, the Nation would retain ownership of these lands and 

regulate them under the Nation’s policies, codes, and ordinances. The Turning Stone 

Resort & Casino and all of the other Nation enterprises would continue operations. The 

Nation’s government services and member programs, all cultural and historic sites, and all 

Nation member housing would be maintained on lands regulated by the Nation. 

However, the position of New York State and the local governments has been that they 

have the authority to regulate the lands omitted from trust and that the decision in City of 

Sherrill v. Oneida Nation, 544 U.S. 197 (2005) subjects these lands to taxation. On the 

other hand, decisions in Oneida Nation v. Madison County, 401F.Supp.2nd 219 (N.D.N.Y. 

2005) and in Oneida Indian Nation v. Oneida County, --- F.Supp.2nd---, 2006 WL 

1517522 (N.D.N.Y. June 02, 2006) hold that the New York State and local governments 
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may not collect taxes nor foreclose on Nation lands for non-payment of property taxes 

without approval from the U.S. Congress. In this scenario, the dispute over the taxation 

and jurisdiction of the lands omitted from trust would persist. 

2.5 Alternatives Eliminated From Further Study 

NEPA regulation 40 CFR1502.14 (a) states that agencies shall “rigorously explore and 

objectively evaluate all reasonable alternatives, and for alternatives which were eliminated 

from detailed study, briefly discuss the reasons for their having been eliminated.” The 

alternatives to be analyzed in the Draft EIS are listed above in Section 2.4 Description of 

Alternatives. This section discusses the alternatives identified in scoping or from other 

sources that were eliminated from further evaluation. 

2.5.1 Negotiated Settlement Alternative 

Under this alternative, the various interested parties (i.e., New York State, the Nation, 

Madison and Oneida Counties, other local governments, and citizen groups) would reach 

an agreement on the specific lands to be taken into trust. In other words, this alternative 

would take no action on the Nation’s Trust Application without the agreement of all 

interested parties, which means, under the circumstances it is simply a form of the No 

Action Alternative. As a practical matter, this alternative is not reasonable because of the 

number of parties involved and the divergent, conflicting positions that the parties have 

taken on the trust land issue. Even if just the views of the Nation and the government 

parties were considered, given the number of government agencies and their expressed 

categorical opposition to any trust land acquisition the negotiated settlement alternative is 

at best speculative and more realistically, impossible. Years of discussion of similar issues 

in the land claim context failed. Finally, the parties remain free to reach an agreement 

while the BIA considers the Nation’s Trust Application and before any decision is made by 

the U.S. Secretary of the Interior. 

2.5.2 Resolution of Land Claim Alternative 

Under this alternative, no land would be taken into trust without resolution of all of the 

issues involved in the Nation’s land claim including, for example, damages. Such a 

resolution would involve the agreement of the Nation, New York State, Oneida and 

Madison Counties, and also in all likelihood the federal government. Under the 

circumstances, this is just another consequence of the No Action Alternative. The Nation’s 

land claim has been pending in the courts since 1970 and settlement talks have been ongoing for decades. Mediators have been appointed, but the mediations have been 

terminated by the courts as futile, most recently during the past year (2005). The BIA has 

been involved in the settlement process. Based on the history of that process, it has been 

determined that deferring a trust decision until such time, if ever, that there is a land claim 

settlement is not reasonable. Reaching a land claim settlement that includes the trust land 

issue is even more speculative and improbable than resolving the trust land issues by 
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agreement alone. Not only would this require a multi-party agreement on additional 

issues such as damages, but it would also require the agreement of completely separate 

Indian tribes in the State of Wisconsin and in Canada. In the wake of the appellate 

decision in the Cayuga land claim, the prospect of settlement interest on the part of state 

and local governments, who seek dismissal of all land claims, is even more remote. 

2.5.3 Legislative Solution Alternative 

Under this alternative, no land would be taken into trust under the U.S. Secretary of the 

Interior’s existing authority and the trust decision would be deferred pending the passage 

of federal legislation addressing the trust issue. This alternative has been determined not to 

be reasonable. No such legislation has been passed in the BIA’s experience absent the 

agreement, at a minimum, of the affected governments including the federal government 

and the tribe. The prospects for any such agreement are speculative at best, as are the 

prospects for the passage of congressional legislation. No legislation is pending. 

2.5.4 Land Conveyance in Fee Status Alternative 

Under this alternative, some or all of the land would be conveyed to the federal government to be held in fee status and would be subject to New York State taxation and regulation. This is contrary to the trust statute (25 USC § 465) that expressly provides that land 

taken into trust is exempt from state and local taxation. Moreover, fee status presumably 

contemplates that state and local governments could enforce taxes by foreclosure, which 

would be contrary to the federal government’s sovereign immunity. Finally, there is no 

authorized authority for the proposed fee status alternative, neither in the trust statute nor 

elsewhere in federal law. Thus, the alternative has been determined not to be reasonable. 

2.5.5 Creation of a New York State Reservation or Trust Alternative 

Under this alternative, the lands held by the Nation would be placed in a reservation 

created by New York State or held in trust by New York State and governed by New York 

State law. The U.S. Constitution confers exclusive authority over Indian commerce, which 

encompasses the whole of governmental relations with Indian tribes, on the federal 

government and has not delegated any of this authority to create Indian reservations or 

trust lands to the states. Although a state may grant exemptions from its own tax laws and 

regulations, states have no power to create Indian reservations. Denial of the Nation’s 

Trust Application in the hope that New York State would enact legislation or take other 

action to create such a state reservation or state trust status would not be a reasonable 

alternative. Such legislation or action would have the effect of conferring immunity from 

real property taxation (see, i.e., New York Indian Law §6), a result that New York State 

and other local governments adamantly oppose. Under the circumstances, this alternative 

is both the equivalent of the No Action Alternative and unreasonable as well. 
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2.6 Comparison of Alternatives 

This section presents a comparison of all of the alternatives under consideration and 

begins with a brief discussion of the various physical features that distinguish Alternatives 

A, B, C, D, E, F, and G from one another. The effects of the alternatives on the resource 

categories are then summarized with reference to how various consequences compare 

among the alternatives. Note that throughout this section the following abbreviations are 

used with respect to the scenarios involving the disposition of the lands omitted from trust: 

PTP; PTNP-F; PTNP-DC; and CC-AEC.

2.6.1 Comparative Features Among the Alternatives 

The physical features that characterize the seven alternatives and that were described in 

detail in the preceding sections are summarized in Table 2.6-1; Alternative G - No Action 

is not included in this table since it tabulates information only related to the lands that 

would be taken into trust under the different alternatives. The amount of proposed land 

for trust conveyance ranges from 225 acres in Alternative E to 35,000 acres in Alternative 

B; these figures correspond to 0.03 and 2.8 percent, respectively, of the total combined 

area of Madison and Oneida Counties. In each of the trust alternatives (not including 

Alternative G - No Action), more acreage and tax lots would be involved for lands located 

within Oneida County that would be conveyed into trust as compared to Madison 

County. All Nation lands (17,370 acres) would enter trust under Alternatives A or B, with 

the next largest transfer of 69 percent of these lands under Alternative F, Alternative C is 

next at 57 percent of Nation lands, with Alternative D at about 20 percent, and 

Alternative E at only 1.3 percent. Nation lands would not be omitted from trust transfer 

in Alternatives A or B, while all of these lands would be omitted from trust under 

Alternative G - No Action. The largest area of Nation lands that would be omitted among 

the other trust alternatives would be the 17,145 acres in Alternative E, followed by 13,942 

acres in Alternative D, 7,467 acres in Alternative C, and 5,384 acres in Alternative F. 

Alternative E is the only alternative with a single tax lot and a single category of land use, 

that being 225 acres of commercial land associated with the Turning Stone Resort & 

Casino. In all of the other alternatives, the dominate land use is agricultural followed by 

both recreation/entertainment and residential. The largest number of identified and 

sensitive archaeological sites associated with an alternative is under Alternatives A and B, 

followed by Alternative F, then Alternative C, and then Alternative D; there are no 

archaeological sites associated with Alternative E. The greatest number of Nation member 

residences is under Alternatives A and B, followed by Alternatives C, F, D, and E. Finally 

the localities occupied by the Nation’s government services and member programs are all 

found in Alternatives A, B, C, and F; the Nation’s government services and member 

programs are not included in Alternatives D or E. 
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2.6.2 Comparison of Potential Consequences of the Alternatives 

In Section 4.0 Environmental Consequences, the potential effects of implementing the 

Proposed Action or any of the trust action alternatives are analyzed in detail. In this 

section the significant, notable, and/or most salient consequences of all of the alternatives 

are highlighted in a comparative fashion. Table 2.6-2 depicts these consequences in a 

tabular format enabling an overview of the respective effects of each alternative on the 

resources under investigation. It should be noted that not all of the resource categories are 

included in this comparison because a number of them would exhibit no effect or only a 

less than significant effect from the implementation of any of the alternatives. In the 

conveyance of lands into trust status there are no direct effects to the physical environment 

since no ground disturbance occurs. The resource categories that would not be 

significantly impacted by any alternative include topography, soils, geology, surface water, 

groundwater, wetlands, air quality, wildlife, vegetation, ecosystems/biological 

communities, agriculture, some broader social conditions, mining, recreation, 

transportation, wilderness, noise, light, visual, public health and safety, and growth 

inducement. On the other hand, the various proposed trust transfers within the respective 

alternatives may have more significant effects on New York State, the local communities 

or the Nation. These consequences are most evident in the resource or value categories 

that include land use planning and zoning, historic and archaeological resources, cultural 

values, local community and Nation government services, employment and income, 

housing and demographics, taxation, hunting and fishing resources, regulatory 

jurisdiction, and environmental justice. 

Under Alternative A, the largest area of currently-owned Nation lands of 17,370 acres 

would be conveyed into trust in comparison to all the other alternatives except Alternative 

B. In Alternative B, the same amount of existing Nation lands would enter trust along with 

an additional unidentified 17,630 acres. Correspondingly, Alternatives A and B are the 

only alternatives containing the most proposed trust land area in all use categories, 

including all 98 Nation member residences, all government services, the Turning Stone 

Resort & Casino and all business enterprises, 11,451 acres of agriculture, 4,227 acres for 

hunting and fishing, and 3,106 acres of wetlands. Alternatives A and B are also the only 

ones that would accommodate in trust all Nation lands containing social, cultural, and 

religious facilities as well as all historical and archaeological resources (all 157 identified 

archaeological sites). Cultural and historic properties located on all 17,370 acres would be 

provided added federal protection under the Archaeological Resources Protection Act 

(ARPA) and the Native American Graves Protection and Repatriation Act (NAGPRA), 

and would all remain under Oneida stewardship. It is likely that under Alternative B there 

would be an increase in all the above land uses as the additional 17,630 acres is conveyed 

into trust. Alternatives A and B would include in trust every significant cultural facility 

owned by the Oneida such as the Shako: wi Cultural Center, Ray Elm Children & Elders 

Center, Village of White Pines, Festival Sites, traditional croplands, and cultural service 

departments. 
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Under Alternative F the third largest area (11,986 acres) behind Alternatives B and A of 

currently-owned Nation lands would be conveyed into trust. Alternative F contains 80 

Nation member residences, all government services, the Turning Stone Resort & Casino 

and all business enterprises, 7,168 acres of agriculture, 3,294 acres for hunting and 

fishing, and 2,537 acres of wetlands. Alternative F would accommodate in trust a great 

majority of Nation lands that contain social, cultural, and religious facilities as well as 

historical and archaeological resources (111 or 71 percent of the identified archaeological 

sites). Cultural and historic properties in the trust lands of Alternative F, as in Alternatives 

C, D and E, would be provided the added protection under the ARPA and the NAGPRA, 

and remain under Oneida stewardship. Alternative F includes most of significant cultural 

assets and facilities owned by the Nation including the Shako: wi Cultural Center, Ray 

Elm Children & Elders Center, Village of White Pines, Festival Sites, plus cultural service 

departments. 

Under Alternative C the fourth largest area (9,903 acres) of lands would be conveyed into 

trust. Alternative C contains 85 Nation member residences, all government services, the 

Turning Stone Resort & Casino and all business enterprises, 5,409 acres of agriculture, 

2,235 acres for hunting and fishing, and 2,263 acres of wetlands. Alternative C would 

accommodate in trust a relatively large part of Nation lands that contain social, cultural, 

and religious practices as well as historical and archaeological resources (100 or 64 

percent of the identified archaeological sites). Alternative C includes the majority of 

significant Oneida cultural assets and facilities. 

Under Alternative D the fifth largest area (3,428 acres) would be conveyed into trust. 

Alternative D contains two Nation member residences, no government services, the 

Turning Stone Resort & Casino and all business enterprises, 1,549 acres of agriculture 

lands, no hunting and fishing lands, and 843 acres of wetlands. Alternative D would not 

accommodate in trust any of the Nation lands that contain social, cultural, and religious 

facilities and only a few archaeological resources (six or four percent of the identified 

archaeological sites). Alternative D would include none of the significant Oneida cultural 

assets and facilities. 

Under Alternative E, the least amount (225 acres) of currently owned Nation lands would 

be conveyed into trust. Alternative E contains no member residences, no government 

services, part of the Turning Stone Resort & Casino, one SavOn gas station and 

convenience store, no other Nation business enterprises, no agricultural land, no hunting 

and fishing lands, and no wetlands. Alternative E would not accommodate in trust any of 

the Nation lands that contain social, cultural, and religious practices or archaeological 

resources. Alternative E includes none of the significant cultural facilities. 

Under Alternative G, none of the Nation’s lands would be conveyed into trust. Under the 

CC-AEC scenario, it is assumed that the Turning Stone Resort & Casino would be 
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declared illegal and it along with the rest of the Nation enterprises would cease operations. 

This would bankrupt the Nation. No Nation member residences, no government services, 

the Turning Stone Resort & Casino nor all other Nation business enterprises, no 

agricultural land, no hunting and fishing lands, and no wetlands would be transferred into 

trust. Alternative G would not accommodate in trust any of the Nation lands that contain 

social, cultural, and religious practices or archaeological resources. None of the significant 

Oneida cultural facilities would be placed into trust. 

In Alternatives A and B none of the Nation’s lands are excluded from trust. In Alternative 

C, 7,467 acres, and in Alternative F, 5,384 acres, including important agricultural and 

archaeological lands are omitted from trust. In Alternatives D and E, 13, 942 and 17,145 

acres, respectively, are excluded from trust that contain nearly all member residences, all 

government services, important agricultural lands, and the great majority of Oneida 

cultural and archaeological sites. All Nation lands would be omitted from trust in 

Alternative G. All the omitted lands would be alienated or foreclosed under the PTNP-F

or CC-AEC scenarios, a significant adverse effect on the Nation. 

In all alternatives except Alternative G - No Action, portions of Nation trust lands would 

be interspersed with non-Nation lands. The State and local governments have asserted 

that this would have an adverse effect on their ability to cohesively plan and to uniformly 

enforce their zoning, land use or environmental regulations. The extent of this potential 

effect would partially depend on the different amounts of land entering trust in the various 

alternatives and in which municipalities. In most areas there is general consistency in uses 

of Nation and non-Nation lands, and trust lands would be regulated under the Oneida 

Indian Nation Land Use Ordinance that requires development to be compatible with 

adjoining uses and under Nation policies to protect environmental resources. However, 

the New York State and local governments would not have regulatory control over all 

lands in the region. If there are changes in the future land use planning or zoning 

regulations by either the Nation or local governments consistent application could be 

affected. In the CC-AEC scenario of Alternative G New York State and local governments 

would have regulatory jurisdiction over all Nation and non-Nation lands. 

In the next five years, the total Nation employment in Alternative A or B would grow 

from 4,611 jobs to 4,882 jobs. In Alternative C the growth would be to 4,874 jobs and 

similarly in Alternative F to 4,872 jobs. In these four alternatives, there would also a net 

increase in jobs at non-Nation local businesses from 912 ($31.9 million in earnings) to 

961 ($33.6 million) in Alternatives A and B, to 960 in C and 959 in F due to multiplier 

spending by the Nation and its employees plus added jobs and earnings from off-site 

visitor spending. There would a decrease of jobs in Alternative D from 4,611 to 4,581 

and to 3,940 in Alternative E; both of these alternatives would result in losses of nonNation business jobs as well. Under Alternatives A, B, C, and F there would be no 

significant change of employee in-migration in next five years (estimated increase of 261 
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persons into Madison and Oneida Counties) due to limited employment growth and the 

high proportion of local hiring. There would be out-migration in Alternatives D, E or G. 

In the CC-AEC scenario of Alternative G an estimated 5,773 Nation and non-Nation jobs 

would be lost; 4,992 would be residents of Madison and Oneida Counties, and this would 

cause related unemployment impacts there. 

Under Alternative A as in Alternatives B, C, and F, all current government programs and 

services would be maintained including health, education, housing, recreation and cultural 

activities, day care, and public safety. 

Trust lands would be exempt from property taxes, which would have an adverse effect on 

local government revenues. The annual property tax on these lands is estimated for 

Alternative A at $2.7 million (2005); Alternative B at $5.4 million; Alternative C at $2.4 

million; Alternative D at $1.0 million; uncertain on the 225 acres of Alternative E because 

of the contested assessment of the Turning Stone Resort & Casino; and Alternative F at 

$2.5 million. The Nation has paid taxes to the Cities of Oneida and Sherrill and grants 

and payments to local governments for a total of $38.5 million since 1995 although these 

latter may not be continued in the future. It is expected that the Nation would continue to 

pay local governments for services provided. Nation employees paid an estimated $5.6 

million in local property taxes in 2005 and the Nation withheld and remitted $3.3 million 

in New York State income taxes from its employees in 2005. In addition, the multiplier 

effect of the Nation and employee spending stimulated $7.3 million of New York State 

personal income, business, and sales taxes and another $1.2 million in local sales taxes. 

Finally, the Nation paid $2.2 million and $2.8 million, respectively, to the New York State 

Police and the New York State Racing and Wagering Board for their services to the 

Turning Stone Resort & Casino that would continue in the future. Overall, in 2005 the 

revenues from Nation payments and associated employee and multiplier taxes was about 

$24.2 million while its costs were $6.0 million, resulting in a beneficial net effect to the 

state and local governments of over $18 million. In Alternatives A-F, the employee and 

related multiplier taxes would be expected to continue except in Alternatives D and E 

where they would decrease due to employment reduction and in the CC-AEC scenario of 

Alternative G where the Nation businesses would cease operations and significant job loss 

would occur. 

Under Alternatives A through F there would be no direct physical adverse effects on 

community facilities and services related to police protection, fire protection, school or 

medical care/emergency services. No significant increase in the demand for police or fire 

protection or emergency medical assistance would be expected due to the increase in 

Turning Stone Resort & Casino visitors and Nation population. All current and ongoing 

service agreements and cooperative service efforts, such as the Mutual Aid Plan, would be 

expected to continue. The Vernon Fire Department has contested the adequacy of its 

service agreement with the Nation and this issue remains unresolved. Local and New 
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York State Police have complete jurisdiction enforcement power on all Nation lands 

regardless of whether they are in trust or not. 

Implementation of any alternative would have no disproportionate adverse effect on any 

low-income or clearly identified minority community. However, there could be potential 

effects on the resources of the Oneida Nation which as a local Native American 

community is subject to an environmental justice assessment. Conveying Nation lands 

into trust under Alternatives A – F would be a beneficial effect on the Nation allowing for 

its self-governance and control of lands considered by the Oneida as ancestral homeland 

and within their reservation. This would involve a relatively small portion of the Nation’s 

reacquired lands in Alternative D and a minor fraction of them in Alternative E (only 225 

acres). Lands omitted from trust in Alternatives C through F would not be provided the 

archaeological protection of the ARPA and the NAGPRA. The alienation or foreclosure of 

these lands (under the PTNP-F scenario) including the loss of Nation member residences 

as well as the loss of government services and programs, hunting and fishing lands, 

agriculture, and cultural resources would be an impact predominately borne by Native 

American populations and the Oneida Nation. This impact would be highly significant in 

Alternatives D and E and much less significant in Alternatives C and F. 

Under the CC-AEC or PTNP-F scenario, no Nation lands would be conveyed into trust 

and the Nation would not exercise self-governance and control of any its reacquired lands 

considered by the Oneida as ancestral homeland and within their reservation. There 

would be a significant adverse effect on the Nation limiting its income producing 

capability and impacting the viability of its social, health, and cultural programs. All 

17,370 acres of land omitted from trust would not have the archaeological protection of 

the ARPA and the NAGPRA. The alienation of the 17,145 acres (under the PTNP-F

scenario) including the potential loss of 98 Nation member residences, government 

services and programs, hunting and fishing lands, agriculture, and all cultural resources 

would be an impact predominately borne by Native American populations and the Oneida 

Nation. 

Overall, Alternative A- Proposed Action, would secure a land base in trust status for 

implementing the Nation’s expressed purpose and need. Alternative B would secure a 

larger land base in anticipation of the needs of future generations. Alternative C would 

secure a smaller land base than the Proposed Action, and Alternatives D and E would 

secure an insufficient land base for fulfilling the Nation's expressed purpose and need. 

Alternative F would secure a more compact land base than the Proposed Action for 

implementing the Nation's expressed purpose and need. Alternative G would not secure 

any land base with federal trust status for fulfilling the Nation's expressed purpose and 

need.