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4.2 Land Resources 

This section addresses potential effects to land resources including topography, soils, 

geologic and mineral resources and land use. Potential direct, indirect and cumulative 

effects for each land resource category are described. 

Section 4.1 Introduction establishes the context for defining criteria to determine the 

potential for a significant effect within any resource category. Specific significance criteria 

are presented for each major category of land resources – topography, soils, geologic and 

mineral resources and land use. These significance criteria are based on metrics and 

standards, applicable to the resource category, that allow for a differentiation of effects 

based upon context and intensity. 

Section 2 Alternatives and Section 4.1 Introduction establish and define the range of 

possible taxation and jurisdictional scenarios that could apply to lands not conveyed into 

trust. With respect to the resource categories discussed under land resources, these 

scenarios have a “scaling” influence on potential effects based upon the area of land to be 

excluded from conveyance into trust. 

4.2.1 Topography 

Significance Criteria 

Potentially significant adverse effects may occur if the action is likely to directly, indirectly, 

or cumulatively: 

• Result in a change to slopes or elevations such that lines of sight or viewsheds are 

altered from present conditions 

• Result in a change in drainage patterns to the extent that hazards to people and 

property are created due to potential subsidence, excessive runoff, flooding, 

erosion, land slides, or mud slides on Nation lands, adjacent non-Nation lands or 

within the larger geographic context of the towns and counties that comprise the 

Study Area 

4.2.1.1 Direct Effects 

The topography of the Study Area is described in detail in Section 3.2.1 Topography. The 

proposed federal action would not result in physical alteration of any slopes, elevations or 

drainage patterns occurring on the Nation’s lands conveyed into trust, on adjacent nonNation lands or on any lands within the Study Area. As such, implementation of the 

Proposed Action or any of the alternatives (including the No Action Alternative) would 

have no direct effect on topography on or surrounding the Nation’s lands or the towns, 

counties or surrounding region. 
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4.2.1.2 Indirect Effects 

Implementation of the Proposed Action or any of the alternatives (including the No Action 

Alternative) would not result in any activity that would indirectly result in physical 

alteration to slopes, elevations or drainage patterns on Nation lands, on adjacent nonNation lands or on any lands within the Study Area. As such, implementation of the 

Proposed Action or any of the described alternatives (including the No Action Alternative) 

would not result in a significant adverse indirect effect to topography. Similarly, growth 

associated with the on-going use of the Turning Stone Resort & Casino would not result 

in any indirect effects to topography. 

The various taxation/jurisdictional scenarios that would apply to lands not conveyed into 

trust are described in detail in Section 4.1.3. Implementation of the Proposed Action or 

any of the described alternatives, including the No Action Alternative, would not have an 

effect on topography. 

4.2.1.3 Cumulative Effects 

Implementation of the Proposed Action or any of the alternatives (including the No Action 

Alternative) would not result in any activity that would directly or indirectly alter the 

topography of the Nation’s lands, adjacent non-Nation lands, or any lands within the 

Study Area. Therefore, no adverse cumulative effects would result. 

4.2.2 Soils 

Significance Criteria 

The following criteria were considered in determining whether the Proposed Action or any 

of its alternatives (including the No Action Alternative) would result in a significant 

adverse effect on soil resources: 

• A change to the type, distribution, quality, stability or quantity of soil such that: 

- erosion and/or leaching potential increases, 

- acid conditions are created, 

- drainage patterns change, 

- runoff and flooding potential increases, 

- topsoil is lost, 

- agricultural or vegetative production is reduced, 

- infiltration of rainwater or recharge of groundwater is impaired, or 

- existing or future structures are compromised or rendered unstable or 

unsupportable. 

4.2.2.1 Direct Effects 

Section 3.2.2 provided a detailed description of the soils in the Study Area, defined as the 

southwestern portion of Oneida County and the Northern portion of Madison County. 

Implementation of the Proposed Action or any of the alternatives (including the No Action 
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Alternative) would not result in any physical disturbance or loss of soil on Nation lands, 

adjacent non-Nation lands or on other lands within the Study Area. As such, 

implementation of the Proposed Action or any of the described alternatives (including the 

No Action Alternative) would have no direct effect on soils on Nation lands or in the 

towns, counties or surrounding region. 

4.2.2.2 Indirect Effects 

Implementation of the Proposed Action and any of the alternatives, including the No 

Action Alternative, would not result in any activity that would indirectly disturb soils on 

Nation lands, adjacent non-Nation lands or on other lands within the Study Area. As 

such, implementation of the Proposed Action or any of the described alternatives 

(including the No Action Alternative) would not have an indirect effect on soils in the 

Study Area. Current growth projections associated with the on-going use of the Turning 

Stone Resort & Casino would not require construction of additional facilities to support 

new visitors and employees and as a result would not have an effect on soils. Ongoing 

and future projects that are planned or underway are being constructed in accordance with 

the Nation’s Master Plan which is intended to maintain the Turning Stone Resort & 

Casino as a destination resort. The effects of these projects would be experienced as part 

of the projected casino growth. As described in 4.1.4, these ongoing projects are not part 

of the proposed action. Excluding lands from conveyance into trust would not result in 

any activity that would disturb soils. Therefore, implementation of the Proposed Action 

or any of the described alternatives, including the No Action Alternative, would not have 

an effect on soils. 

4.2.2.3 Cumulative Effects 

Implementation of the Proposed Action or any of the alternatives (including the No Action 

Alternative) would not result in any activity that would directly or indirectly result in 

physical alteration to soils in the region. Therefore, no adverse cumulative effect would 

result. 

4.2.3 Geologic Resources 

Significance Criteria 

The following criterion was considered in determining whether the action or any of its 

alternatives (including the No Action Alternative) will result in a significant adverse effect 

on geologic resources:

• A change to geologic resources such that people or property are exposed to 

increased hazards associated with faults, seismic or vibration effects, lateral 

spreading or subsidence. 

For a discussion of the environmental consequences of the Proposed Action and its 

alternatives on extractive uses of geologic resources, see Section 4.8.3 Mining. 
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4.2.3.1 Direct Effects 

Implementation of the Proposed Action and any of the alternatives (including the No 

Action Alternative) described in Section 2 Alternatives would not result in any physical 

activity that would disturb or modify geologic resources on Nation lands, adjacent nonNation lands or on other lands within the Study Area defined in Section 3.2.3 Geological 

Setting. As such, implementation of the Proposed Action or any of the described 

alternatives (including the No Action Alternative) would not result in an adverse effect on 

geologic resources on Nation lands or in the towns, counties or surrounding region. 

4.2.3.2 Indirect Effects 

Implementation of Alternative A (the Proposed Action) or Alternative B would not result 

in any activity that would indirectly disturb or modify geologic resources on Nation lands, 

adjacent Non-Nation lands or on other lands within the Study Area defined in Section 

3.2.3 Geological Setting and Mineral Resources. As such, implementation of the Proposed 

Action or any of the described alternatives (including the No Action Alternative) would 

have no indirect effect on geologic resources on Nation lands, adjacent Non-Nation lands 

or on other lands within the Study Area. Growth associated with the on-going use of the 

Turning Stone Resort & Casino would not result in any indirect effects to the geologic 

resources within the Study Area. For a discussion of the environmental consequences of 

the Proposed Action and its alternatives on extractive uses of geologic resources, see 

Section 4.8.3 Mining. Implementation of the Proposed Action or any of the described 

alternatives, including the No Action Alternative, would not have an adverse effect on 

geologic resources. 

4.2.3.3 Cumulative Effects 

Implementation of the Proposed Action or any of the alternatives (including the No Action 

Alternative) would not result in any activity that would directly or indirectly result in 

physical alteration to geologic resources within the communities, counties or region. 

Therefore, no adverse cumulative effect would result. 

4.2.4 Land Use 

This section addresses the direct, indirect and cumulative effects on land use of the 

Proposed Action and other alternatives. 

Significance Criteria 

For the purposes of identifying whether the Proposed Action or the alternatives, including 

No Action, would have a potentially significant adverse effect on land use, the following 

are considered: 

• If the action would directly displace a land use and such a loss would adversely 

affect surrounding land uses, this displacement may be considered a significant 

adverse effect. 
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• If an action would generate a land use that would be incompatible with 

surrounding uses, such a change may be considered significant and adverse if: 

- The land use would interfere with the proper functioning of the affected use or 

of land use patterns in the area. For example, a heavy manufacturing use near a 

residential area might diminish the quality of residential use because of noise or 

air pollution. 

- The effect to land uses would be inconsistent with public policy. 

- The incompatible use would adversely alter neighborhood character. 

• If an action is expected to alter land uses in the surrounding area and the 

anticipated change is substantial, that change is usually considered significant, but 

not necessarily adverse. The change may be considered adverse if: 

- The use changes would not be compatible with other uses in the area. 

- The use changes would not be compatible with public land use policy. 

- The new development would increase density in the area, and such density does 

not conform to public policy and plans for the area. 

- The new development would increase density in the area, and such density can 

be shown to overtax the capacity of the Study Area to support it. 

- The use changes would accelerate existing and anticipated trends in 

development for the area that lead to adverse socioeconomic effects. 

Since the Proposed Action and other alternatives do not propose any changes in the use of 

Nation lands that would be conveyed into trust under these alternatives, the analysis of 

effects on land use considers direct and indirect effects but focuses more on the cumulative 

effects of past, present and reasonably foreseeable future actions by the Nation and others. 

The analysis also documents the incremental effect of past, present and future actions by 

the Nation on land use. Additionally, the analysis addresses issues raised by the counties. 

These include potential adverse effects on non-Nation property owners, and the 

availability of land in the future for commercial expansion and development by others. 

Effects on Nation and non-Nation land use are addressed in this section, and effects on 

land use plans and community planning and zoning are addressed in Section 4.8.6 Land 

Use Plans and Zoning. 

The NYSORPS makes a determination of land use through municipal assessors who 

survey each property in a community. Using the set of codes developed by the NYSORPS, 

the assessors then determine the land use of each parcel. When a parcel has more than one 

use, assessors make a land use determination using NYSORPS codes and either classify the 

property as a single use if one use is so much more prevalent than the other, or as a mixeduse based on the corresponding code. 

NYSORPS land use classifications are: 

• Residential – Land used for dwellings or human habitation. 
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• Commercial – Land used for commerce, retail or wholesale exchange of services 

and goods. 

• Industrial – Land used for the production and distribution of manufactured, 

durable, and non-durable products. 

• Agricultural – Land used for cultivating soil, producing crops, and/or raising 

livestock. 

• Wild/forested/public parks/open space – Land used for wildlife or nature preserves, 

the appreciation of nature or land that has not been developed. 

• Public services – Property used to provide services to the general public and to 

store, garage or repair motor vehicles and/or equipment used in providing public 

services. 

• Recreation and entertainment – Land used by groups for recreation, amusement or 

entertainment including theaters, auditoriums, exhibition halls, indoor and 

outdoor sports, and athletic activities. 

• Vacant land – Property that is not in use, lacks permanent improvement or in 

temporary use including residential vacant land including rural vacant tax lots; 

underwater vacant land; abandoned agricultural land, and other rural vacant land 

including waste lands, sand dunes, salt marshes, swamps, rocky areas, and woods 

not associated with wild/forest/public parks/open space land; vacant land in 

commercial areas; urban renewal or slum clearance, public utility vacant land, and 

vacant land in industrial areas. 

• Community services – Property used for the well-being of the community including 

land used for the provision of resources or services to the general community 

including educational facilities, religious facilities, benevolent associations, cultural 

facilities, Indian reservations, government buildings, correctional facilities, 

universities, and military installations (New York State Office of Real Property 

Services, 2006). 

4.2.4.1 Direct Effects 

Direct effects on land use can include: a change in the existing use of land (e.g., 

agricultural to residential); directly displacing an existing land use; increasing the density 

of an existing land use; or, interfering with the proper functioning of the affected use. 

Under the criteria for significance stated at the outset, there are no direct significant 

adverse effects associated with implementation of the Proposed Action or any of the 

alternatives. 

Alternative A. All existing uses on Nation lands, as described in Sections 2 and 3.2.4, 

would generally continue. There are certain land uses and structures, such as the 

multifamily dwellings at the Village of the White Pines in the City of Oneida and The 

Tower Hotel at the Turning Stone Resort & Casino in the Town of Verona, that do not 

conform with the existing zoning of the communities in which they are located. Under 

Alternative A, these existing uses and structures, which are not entirely consistent with 

adjacent land uses, would continue. The Nation presently has an agreement with the City 
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of Oneida, as well as with the City of Sherrill, under which existing land uses on Nation 

lands in those communities that may be nonconforming are considered conforming or 

“grandfathered.” This agreement would expire after the Nation parcels included in 

Alternative A are conveyed into trust by the United States. 

The conveyance of land into trust under Alternative A is not anticipated to have an 

adverse direct effect on non-Nation land use, as no change in use would occur at the same 

time the lands are conveyed into trust. Indeed, it could have a beneficial effect by 

facilitating through Nation management and use of its lands changes in permitted uses of 

adjoining parcels, thereby facilitating development of those parcels by others. New York 

State has asserted that any conveyance of lands into trust would have a direct effect on the 

ability of local governments to regulate land use on lands that are conveyed into trust; this 

is addressed in Section 4.8.6 Land Use Plans and Zoning. 

Alternative B. The direct effects of conveying land into trust under this alternative are 

anticipated to be similar to the effects identified under Alternative A. However, the 

geographic extent of those effects would be greater, as an additional 17,630 acres of land 

would be reacquired by the Nation over time and would be conveyed into trust under 

Alternative B. Due to uncertainties about the timing, location, existing and future nature 

of the use of the lands at the time of reacquisition, it is not feasible at this time to analyze 

the direct effects on land use. Direct effects on the ability of local governments to regulate 

land use that is conveyed into trust would occur; this is addressed in Section 3.8.6 Land 

Use Plans and Zoning. It is anticipated that implementation of Alternative B would have 

potential indirect and cumulative effects; these are discussed elsewhere in this section. 

All existing uses on Nation lands would generally continue. Existing nonconforming land 

uses or structures, such as the multifamily dwellings at the Village of the White Pines in 

the City of Oneida and The Tower Hotel at the Turning Stone Resort & Casino in the 

Town of Verona, would continue. The Nation now has an agreement with the City of 

Oneida, as well as with the City of Sherrill, under which existing land uses on Nation 

lands in those communities that may be nonconforming are considered conforming or 

“grandfathered.” This agreement would expire after the Nation parcels included in 

Alternative B are conveyed into trust by the United States. As a result, these land uses 

would no longer be subject to local land use plans and policies and zoning and land use 

regulations in these two communities. The effects of this are discussed in Section 4.8.6. 

Alternative C. Under Alternative C, all existing uses on Group 1 and 2 lands would 

generally continue. Existing nonconforming land uses and structures, such as the 

multifamily dwellings at the Village of the White Pines in the City of Oneida and The 

Tower Hotel at the Turning Stone Resort & Casino in the Town of Verona, would 

continue. Under this alternative, Group 3 lands would not be conveyed into trust. 
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If the Nation, under the Property Taxes Paid scenario, were to pay property taxes on 

Group 3 lands not conveyed into trust under this alternative, existing uses on those lands 

would continue but would be regulated by local zoning and land use regulations. Uses or 

structures on those lands that do not comply with local regulations would be considered to 

be nonconforming and could be barred altogether or prohibited from expanding in the 

future. There is the possibility that many, if not all, nonconforming uses would not be 

allowed to continue, and no variances would be granted. This would have an adverse 

effect on the use of this land by the Nation. No significant adverse effects on adjacent land 

uses are anticipated. The continuation, limitation or termination of existing uses on 

Nation lands in Group 3 would not significantly affect neighboring lands. 

If the Nation, under the Property Taxes Not Paid - Foreclosure scenario, were to forego 

paying property taxes on Group 3 lands not conveyed into trust, and the counties were to 

foreclose on these lands or the lands were alienated from the Nation, existing uses of 

Group 3 lands by the Nation for agriculture and member housing would cease. The 

Nation is currently using slightly more than 7,100 acres of Group 3 lands for agriculture, 

and has another 1,200 acres in Group 3 that were formerly used for agricultural purposes 

by the Nation or others in the past and would otherwise be used by the Nation in the 

future. While there is some undeveloped land in Groups 1 and 2 that could possibly be 

used for agricultural purposes, it amounts to only 250 acres and does not approach the 

amount of land that would be needed to replace the existing agricultural land that the 

Nation would no longer possess under this alternative scenario. 

Under a scenario whereby the Nation loses all Group 3 lands through foreclosure or 

alienation, the loss of agricultural land would have a significant adverse effect on the 

Nation’s enterprises, as well as on its lifestyle and culture. In particular, it is unlikely that 

the existing Black Angus beef farm would remain in operation. Although the Nation 

would retain agricultural lands in Groups 1 and 2, the existing agricultural infrastructure, 

including the cattle barn, which is a vital part of the operation, is located on Group 3 

lands. 

The loss of Group 3 lands under this alternative would have a direct effect on non-Nation 

farmers, who now lease land from the Nation for farming. It is uncertain whether or not 

these uses would continue in the future if the lands were to be acquired by others through 

foreclosure or alienation. 

If the Nation (under the Property Taxes Not Paid - Dispute Continues scenario) elected 

not to pay property taxes and foreclosure or alienation of Nation lands were not available, 

then existing uses would continue. Since existing uses of land by the Nation are primarily 

compatible with adjacent land uses, there would be no adverse effect on those uses. 

Uncertainties would exist concerning nonconforming uses and structures. 
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In the short term, it is likely that Group 3 lands, which the Nation could lose under a 

scenario of foreclosure or alienation, would remain inactive for the reasonably foreseeable 

future. The indirect effects of this loss on land use are discussed below, and the direct and 

indirect effects on other resources, such as archaeological resources, located on these lands 

are addressed in other Environmental Consequences sections. 

Alternative D. Existing uses on Group 1 lands would continue under this alternative. 

Existing nonconforming facilities, such as The Tower Hotel at the Turning Stone Resort & 

Casino in the Town of Verona, would continue. In this alternative, the Group 2 and 3 

lands would not be conveyed into trust. The continued use of Nation lands in Groups 2 

and 3 could depend on whether or not the Nation were to elect to pay property taxes on 

those lands. If the Nation (under the Property Taxes Paid scenario) were to pay property 

taxes, it is anticipated that the existing use of Nation lands in Groups 2 and 3 would 

continue, although there are uncertainties that cannot be eliminated regarding lands that 

do not conform to land use controls of local governments. Specifically, it is uncertain 

whether or not local communities would seek to end the operation of nonconforming uses 

by the Nation within their jurisdiction. Similarly, if the Nation (under the Property Taxes 

Not Paid - Dispute Continues scenario) elected not to pay property taxes and foreclosure 

or alienation of Nation lands were not available, then existing uses would continue. Since 

existing uses of land by the Nation are primarily compatible with adjacent land uses, there 

would be no adverse effect on those uses. Uncertainties previously discussed above would 

exist concerning nonconforming uses (the Village of the White Pines and the Tower 

Hotel). 

If the Nation were to pay property taxes on Group 2 and 3 lands not conveyed into trust 

under this alternative, no significant adverse direct effects on adjacent land uses are 

anticipated, as no immediate change in land use is part of the alternative. 

Under the Property Taxes Not Paid - Foreclosure scenario, whereby the Nation does not 

pay property taxes and the counties are able to foreclose on Nation properties, or the 

Nation is obligated to alienate its land, the use of Group 2 and 3 lands would cease. This 

would include most Nation member housing, except for two residences on Group 1 lands, 

the majority of agricultural land, including all land that is used for production of Black 

Angus beef and traditional Iroquois agriculture, Nation government facilities, cultural 

facilities (including the archeological and cultural sites, Shako: wi Cultural Center, and 

festival sites), and many of the Nation’s business enterprises, including all but one of the 

SavOn gas stations and convenience stores. 

Existing uses on Group 2 and 3 lands in the City of Oneida and City of Sherrill may be 

able to continue, in the short term, as the Nation owes no back taxes on these lands under 

agreements made with these communities. However, the agreements require the Nation to 

make payments to the communities in the future when property taxes are due. If the 
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Nation does not pay future property taxes due on its lands located in these communities, 

then the use, and potential ownership, of these lands by the Nation would also end. 

Alternative E. Existing uses on Parcels 10 and 109 would continue under this 

alternative. The continued use by the Nation of most Group 1 lands and all Group 2 and 3 

lands would depend, in part, on whether local governments would allow any existing 

nonconforming uses to continue. It would also depend on whether or not the Nation 

elected to pay property taxes on those lands. If the Nation (under Property Taxes Paid) 

were to pay property taxes, it is anticipated that the existing use of Nation lands in 

Groups 1, 2 and 3 would continue. Similarly, if the Nation (under Property Taxes Not 

Paid - Dispute Continues) elected not to pay property taxes and foreclosure or alienation 

of Nation lands were unavailable, and then existing uses would continue. 

If the Nation were to pay property taxes on Group 1, 2 and 3 lands not conveyed into 

trust under this alternative, no significant adverse direct effects on adjacent land uses are 

anticipated, as no change in land use would occur as part of the alternative and existing 

uses of land by the Nation are primarily compatible with adjacent land uses. There will be 

uncertainties about nonconforming issues (the Village of the White Pines and the Tower 

Hotel). There may be a potential beneficial effect on adjacent non-Nation land uses in the 

future, as future use and development of Group 1, 2 and 3 lands by the Nation would 

need to comply with local regulations. Conversely, any existing nonconforming uses of 

land by the Nation may be prohibited under local zoning from expansion. This would 

have a adverse effect on the Nation’s ability to use or develop its land in the future to meet 

its need for new member housing and other purposes, including continued economic 

development. 

Under the Property Taxes Not Paid - Foreclosure scenario, whereby the Nation does not 

pay property taxes, the counties are able to foreclose on Nation properties, or the Nation 

is obligated to alienate its land, the use of most Group 1 lands and all Group 2 and 3 lands 

would cease. This would include all Nation member housing, all agricultural land, 

including all land that is used for production of Black Angus beef and traditional Iroquois 

agriculture, Nation government facilities, cultural lands and facilities, and most of the 

Nation’s business enterprises, including all but one of the SavOn gas stations and 

convenience stores and most of the land associated with the Turning Stone Resort & 

Casino. 

Alternative F. Under Alternative F, less agricultural, commercial, community services, 

and residential land would be conveyed into trust than under Alternatives A and B. 

Alternative F also does not include lands in Stockbridge, Augusta, Cazenovia and Sullivan 

and some lands in Lincoln, Lenox, Smithfield and Verona that are included in Alternative 

A. Most of the additional Group 3 lands that are included here, but not in Alternative C, 

are lands contiguous to existing Nation lands in Groups 1 and 2 that would be conveyed 
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into trust under Alternative C. However, the geographic extent of effects under Alternative 

F would be greater than Alternative C, as Alternative F includes Group 3 lands in the 

Towns of Fenner, Smithfield, Lincoln, Lenox, Verona, and Vernon and the City of 

Oneida, that are not included in Alternative C. 

Existing uses on Group 1 lands would continue under this alternative. Existing 

nonconforming land uses and facilities, such as the multifamily dwellings at the Village of 

the White Pines in the City of Oneida and The Tower Hotel at the Turning Stone Resort 

& Casino in the Town of Verona, would continue. The continued use of the more than 

5,000 acres of Nation lands in Group 2 and 3 that would not be conveyed into trust under 

this alternative would depend on whether or not the Nation were to elect to pay property 

taxes on those lands. If the Nation (under Property Taxes Paid scenario) were to pay 

property taxes, it is anticipated that the existing use of non-trust Nation lands in Groups 

1, 2 and 3 would continue. Similarly, if the Nation (under Property Taxes Not Paid - 

Dispute Continues) did not pay property taxes, and local enforcement of regulations 

remains in dispute, existing uses would continue. 

If the Nation were to pay property taxes on Group 2 and 3 lands not conveyed into trust 

under this alternative, no significant adverse effects on adjacent land uses are anticipated, 

as no immediate change in land use is part of the alternative. 

Under the Property Taxes Not Paid - Foreclosure scenario, whereby the Nation does not 

pay property taxes, the counties foreclose on Nation properties, or the Nation is obligated 

to alienate its land, the use of those Group 2 and 3 lands not conveyed into trust would 

cease. This would include important agricultural lands that support the Black Angus beef 

operation, the sand and gravel quarry, and some member housing. 

Alternative F would provide the Nation with more agricultural land, undeveloped land, 

and culturally important lands but less residential land than Alternative C. In particular, 

six fewer residences than Alternative C and 20 fewer residences than Alternative A would 

be conveyed into trust. Additionally, eight fewer potential residential sites would be 

conveyed into trust under Alternative F than under Alternative A. The amount of 

commercial land conveyed into trust under Alternative F would be substantially the same 

as Alternative A. 

Alternative G. Under the Casino Closes and All Enterprises Close scenario, land now 

used by the Nation for the Turning Stone Resort & Casino would no longer be used for 

such purposes. Existing uses (golf, event center, retail, lodging, restaurants) at the Turning 

Stone Resort & Casino would not continue, as they were developed as ancillary uses to the 

casino and are directly linked to its operation. As a result, the land would remain inactive 

for the reasonably foreseeable future, as the developed property and facilities can be 

economically maintained only if used in conjunction with a large casino gaming business. 
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It cannot be profitably operated as an existing independent mall, hotel, business park or 

industrial complex. 

Assuming the Nation was to retain the land it now owns, most Nation lands that are 

currently being used by the Nation for a variety of purposes would become inactive, as 

limited revenues would not support the existing improvements and operations on these 

lands. The possible exception may be a few SavOn gas stations and convenience stores, if 

they remain economically viable. All other lands would become inactive. These lands may 

remain inactive for an extended period of time and would deteriorate. This would include 

member housing, other government and service facilities, and enterprise operations. These 

other enterprise operations include agricultural operations, which primarily support the 

Turning Stone Resort & Casino, and most SavOn gas stations and convenience stores, 

which would not likely survive in an environment where property, excise and sales taxes 

would be collected. 

Under the Property Taxes Not Paid - Foreclosure scenario, it would be unlikely that the 

casino would remain open – it would close. Additionally, the Nation would lose other 

lands through foreclosure or alienation, and once out of the Nation’s control, most lands 

could be developed by others as permitted by local zoning regulations. Redevelopment of 

the Turning Stone Resort & Casino, however, is unlikely from an economic standpoint. 

Under the Property Taxes Paid scenario, the Nation would pay taxes on the lands that are 

not conveyed into trust, some Nation land uses would be non-conforming with zoning 

rules and regulations of communities in which they were located, the most significant 

being the multifamily dwellings at the Village of the White Pines member housing complex 

and the Tower Hotel. As a result, these uses may be precluded from expanding in the 

future. This would have an adverse effect on the Nation and its ability to use its land to 

meet the needs of the Nation and its members. 

Under the Property Taxes Not Paid - Dispute Continues scenario, existing uses of the land 

by the Nation would continue. The Nation would continue to develop these lands to meet 

the needs of the Nation and its members. New York State tax and regulatory jurisdiction 

would continue to be disputed. 

Those scenarios that would allow local jurisdiction of Nation lands may have a beneficial 

effect on existing non-Nation land uses. It would allow communities to implement master 

and comprehensive plans through their zoning and other land use regulations. Moreover, 

it would provide predictability with regard to the range of future uses of land that may be 

developed in a specific zoning district. It would also allow governments, if they so desired, 

to remove nonconforming uses, such as the Children and Elders Center, some housing at 

the Village of the White Pines, and the Shako: wi Cultural Center. 
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4.2.4.2 Indirect Effects 

Indirect effects on land use could be caused by future development after the land is 

conveyed into trust. Indirect effects can include the type of direct effects identified 

previously, as well as, changes in neighborhood character over time, acceleration of 

existing or anticipated trends in development for the area that affect socioeconomic 

conditions and public safety. 

Alternative A. As no changes in the existing use of land are anticipated as a direct result 

of Alternative A, potential indirect effects on adjacent and nearby land uses are not 

anticipated. 

The direct effects on land use from the jurisdictional environment that would be created 

from implementation of this alternative, as well as other alternatives that would convey 

more or less land into trust, are addressed in Section 4.8.6. 

While a potential adverse effect on non-Nation land uses adjacent to Nation lands could 

be a possible result of this alternative, the magnitude of this effect is not anticipated to be 

significant. Specifically, in areas in the City of Oneida where the Nation has created a 

PUD, the Oneida Indian Nation Land Use Ordinance provides that the developments 

“enhance the quality of life of residents, create an inviting visual character, and are 

harmonious and compatible with adjoining land uses” (The Nation, 1998). Similar 

provisions are included in the Oneida Indian Nation Land Use Ordinance to regulate 

home occupations in Unassigned Residential Districts (URD) and in Community and 

Governmental Districts. Moreover, within “. . . all lands possessed, occupied or held by or 

for the Oneida Indian Nation in its sovereign capacity” the Nation’s Land Use Ordinance 

requires that all existing land uses cannot be substantially changed or altered without a 

Land Use Permit (LUP). In determining whether or not to issue a LUP, the Nation 

considers the “. . . compatibility of the use . . .”, “. . .[t]he location of the proposed use 

and its physical harmony with the area in which it is proposed. . .”, and “. . .[t]he 

environmental impact of the use;” The Nation’s past practices on lands mapped in a 

specific district or in a URD indicate that it would continue to do so in developing lands in 

the future. 

Alternative B. As no changes in the existing use of land are anticipated as a result of 

Alternative B, indirect effects on non-Nation land uses adjacent to Nation lands are not 

anticipated.

Alternative C. Indirect effects on land use would vary depending on the potential 

conditions discussed below. 

Under the Property Taxes Not Paid – Foreclosure scenario, with the loss of 14 Nation 

homes on Group 3 lands, Nation members may not have the financial resources to 

purchase the land on which their homes are located. If clear title could not be obtained for 
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these properties, it is uncertain that the homes would be purchased by non-Nation 

individuals. Under that possibility, they would remain vacant in the short term and would 

eventually deteriorate over time from lack of maintenance. This would have an indirect, 

adverse effect on adjacent land owned by the Nation and others. 

Under circumstances where existing Nation lands in Group 3 become inactive (Property 

Taxes Not Paid - Foreclosure scenario), the maintenance and upkeep of these lands would 

not occur until such time as they may be purchased and reused by others. In the 

intervening period, these lands would not be maintained by the Nation or by others. As a 

result, lands that contain existing improvements, which include residences and agricultural 

structures, would begin to deteriorate. This would have an adverse effect on neighborhood 

character and on non-Native American residential uses adjacent to these lands. 

Given the abundance of agriculture in Oneida and Madison Counties and the undeveloped 

status of much of the Nation’s farmland prior to reacquisition by the Nation, it is unlikely 

that many of these lands would be returned to active agricultural use. Moreover, it is likely 

in the short term that a certain portion of these lands would be redeveloped by others for 

purposes that would be inconsistent with the stated goals and objectives of local 

communities, such as the preservation of agriculture, as described in their comprehensive 

and master plans. 

Under the Property Taxes Paid – Dispute Continues scenario, the Nation would continue 

to use and manage its lands under its existing land use ordinance and other regulations, 

while the local governments claim that the Nation’s use of its lands be in accordance with 

local zoning and other land use regulations. While a few existing land uses on Nation 

lands do not appear to conform to local land use regulations, and may be incompatible 

with adjacent non-Nation land uses, most existing land uses, including agricultural, 

residential and commercial uses, on Nation lands are consistent with the nature of 

adjacent land uses. 

Since the development of member housing on Group 3 lands would be able to continue as 

already planned if the lands are conveyed into trust and since this use would be consistent 

with the character of adjacent land uses, it is not anticipated that this would have an effect 

on non-Nation land uses. 

Under the Property Taxes Paid scenario whereby the Nation pays property taxes, the land 

would be subject to local zoning and other local land use regulations, as well as State 

regulations. As a result, adjacent non-Nation land uses may benefit to varying degrees, as 

future use and development of Group 3 lands by the Nation or others would need to 

comply with local zoning and other regulations. Conversely, any existing nonconforming 

uses of land by the Nation may be prohibited from expansion under local zoning. This 

would have a adverse effect on the Nation’s ability to use or develop its land in the future 

to meet its need for new member housing and other facilities. 
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Alternative D. Under the Property Taxes Paid scenario, the Nation would retain their 

land in Groups 2 and 3, which would be subject to local land use regulation. Similar 

indirect effects identified under Alternative C would occur. Adjacent non-Nation land uses 

may benefit, as future use and development of Group 2 and 3 lands by the Nation would 

be subject to local zoning and other regulations. Conversely, any existing nonconforming 

uses of land by the Nation may be prohibited under local zoning from expansion. This 

would have a adverse effect on the Nation’s ability to use or develop its land in the future 

to meet its need for new member housing, as all proposed new housing sites are located on 

Group 2 and 3 lands. 

Under the Property Taxes Not Paid – Foreclosure scenario, with the potential loss of 83 

Nation homes on Group 2 and 3 lands, Nation members may not have the financial 

resources to purchase the land on which their homes are located. Additionally, 49 of these 

residences are rental units at the Village of the White Pines and would not likely be 

available for purchase by Nation members. If clear title could not be obtained for the 

properties with residences that are owned by Nation members, it is uncertain that the 

homes would be purchased by non-Nation individuals. Under that possibility, the 

structures would remain vacant in the short term and would eventually deteriorate over 

time from lack of maintenance. This would have an indirect, adverse effect on adjacent 

land owned by the Nation and others. 

Under circumstances where existing Nation lands in Groups 2 and 3 become inactive 

(Property Taxes Not Paid – Foreclosure scenario), the maintenance and upkeep of these 

lands would not occur until such time as they may be purchased and reused by others. In 

the intervening period, these lands would not be maintained by the Nation or by others. 

As a result, lands that contain existing improvements, which include the SavOn gas 

stations and convenience stores, residences and agricultural structures, would begin to 

deteriorate. This would have an adverse effect on neighborhood character and on nonNation uses adjacent to these lands. 

Given USDA data which shows a decline in agriculture in Oneida and Madison Counties 

over recent years, and the undeveloped status of much of the Nation’s farmland prior to 

reacquisition by the Nation, it is uncertain that many of these lands would be returned to 

active agricultural use. Moreover, it is likely in the short term that a certain portion of 

these lands would be redeveloped by others for purposes that would be inconsistent with 

the stated goals and objectives of local communities to preserve agriculture, as described in 

their comprehensive and master plans. 

Under the Property Taxes Paid – Dispute Continues scenario, the Nation would continue 

to use and manage lands in Groups 2 and 3 under its existing land use ordinance and 

other regulations, while the local governments claim that the Nation’s use of its lands be in 

accordance with local zoning and other land use regulations. 
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Alternative E. Under Alternative E, only Parcels 10 and 109 would be conveyed into 

trust. The balance of the Nation’s land would be excluded from trust status. Under a 

scenario whereby the Nation does not pay property taxes, indirect effects would be similar 

to those previously described under Alternative D. In addition, however, with the loss of 

the golf courses and other uses that comprise the Turning Stone Resort & Casino, 

including The Lodge at Turning Stone, the golf courses, the Villages at Turning Stone RV 

Park, and other facilities, the number of visitors to the resort would decline, resulting in 

indirect socioeconomic effects. 

It is highly probable that the existing resort facilities that are not conveyed into trust 

would remain inactive for the reasonably foreseeable future. In circumstances where 

existing Nation lands in Groups 1, 2 and 3 become inactive (Property Taxes Not Paid – 

Foreclosure scenario), the maintenance and upkeep of these lands would not occur until 

such time as they may be purchased and reused by others, which could take a long time or 

never occur because of the difficulty of operating these properties profitably. In the 

intervening period, these lands would not be maintained by the Nation or by others. As a 

result, lands that contain existing improvements would begin to deteriorate. Deterioration 

of the grounds at the golf courses may have the greatest effect on adjacent uses, as these 

are located at the periphery of the Turning Stone Resort & Casino and closest to adjacent 

residential and other uses. This would have an adverse effect on neighborhood character 

and on non-Nation uses adjacent to these lands. 

Under a Property Taxes Paid scenario, the Nation would retain their land in Groups 1, 2 

and 3, which would be subject to local land use regulation. Similar indirect effects 

identified under Alternative C would occur. Adjacent non-Nation land uses may benefit, 

as future use and development of Group 1, 2 and 3 lands by the Nation would be subject 

to local zoning and other land use regulations. Conversely, any existing nonconforming 

uses of land by the Nation may be prohibited under local zoning from expansion. This 

would have a adverse effect on the Nation’s ability to use or develop its land in the future 

to meet its need for new member housing, for example. 

Alternative F. Indirect effects from implementation of Alternative F would be similar to 

Alternative A but less significant with regard to the geographic extent of the effects, as the 

amount of Alternative F lands is less than under Alternative A, and Alternative F would 

affect fewer communities than would Alternative A. As a result, some municipalities, like 

Stockbridge, will be able to implement planning and land use policies for all lands 

throughout their community. 

Under the Property Taxes Paid and Property Taxes Not Paid – Foreclosure scenarios 

whereby the Nation either pays or does not pay property taxes, respectively, the land 

retained by the Nation under Property Taxes Paid or owned by others under Property 

Taxes Not Paid – Foreclosure, would be subject to local zoning and other local land use 
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regulations, as well as State regulations. As a result, adjacent non-Nation land uses may 

benefit to varying degrees, as future use and development by the Nation or others would 

be subject to local zoning and other regulations. Conversely, any existing nonconforming 

uses of land by the Nation may be prohibited under local zoning from expansion. Under 

the Property Taxes Paid scenario, this would have a adverse effect on the Nation’s ability 

to use or develop its land to meet its need for new member housing and other facilities. 

Alternative G. Under the Casino Closes and All Enterprises Close scenario, changes in 

land use from additional development induced by the operation and growth of the 

Turning Stone Resort & Casino, such as the Verona Greens mixed-use project, would not 

likely occur. The Verona Greens project includes facilities (hotels, retail, and restaurants) 

that were planned based on the operation and expansion of the Turning Stone Resort & 

Casino. While this would reduce any adverse effects on the physical environment, it would 

have an adverse socioeconomic effect on the Town of Verona and the region. 

Over time, the inability to maintain existing improvements (buildings, etc.) on lands that 

the Nation now owns would lead to their physical deterioration, which would have an 

adverse effect on the aesthetics of the properties, surrounding land uses, and the 

neighborhood and community character of such communities as the Town of Verona, the 

Town of Vernon and other municipalities where the Nation owns multiple properties. 

Under scenarios whereby the casino closes or the Nation loses its land through foreclosure 

or alienation, certain potential future actions by the Nation would not occur. There would 

be an adverse effect on Nation members, who are awaiting the construction of new 

housing, and the loss of potential benefits to the local economy from housing construction 

and the construction and operation of a night club. These indirect socioeconomic effects 

are discussed further in Section 4.7 Socioeconomics. 

Assuming that the Nation loses its land from foreclosure (Property Taxes Not Paid – 

Foreclosure scenario) or alienation, some existing uses (e.g., gas stations, housing) may 

continue but under non-Nation ownership. Given the economic condition of the Central 

New York region and the continual decline in agriculture as reported by the USDA and 

discussed under the Cumulative Effects section below, it is likely that the majority of 

existing undeveloped and agricultural land currently owned by the Nation would not be 

used for agriculture but would be developed over time for other uses. 

Under a scenario in which the casino remains open but the Nation does not pay taxes, the 

Nation could risk losing these lands through foreclosure (Property Taxes Not Paid – 

Foreclosure scenario) or alienation, and once out of the Nation’s control, the lands could 

be developed by others as allowed by local zoning regulations. Until such time as the lands 

were to be acquired by others, the properties would likely deteriorate from a lack of 

maintenance. Further, the risk of such deterioration is high, since it may be difficult to find 

a purchaser who could successfully develop the lands for commercial, non-gaming uses. 
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This would be expected to have an adverse effect on uses of non-Nation lands adjacent to 

existing Nation lands. 

Under a scenario in which the Nation pays taxes (Property Taxes Paid) on the lands but 

they are not conveyed into trust, some Nation land uses would be nonconforming with 

zoning rules and regulations in which they are located, the most significant being the 

Village of the White Pines member housing complex. As a result, these uses would likely 

be precluded from expanding in the future. This would have a potentially beneficial effect 

on adjacent land uses, as Nation uses that conflict with adjacent uses could not be 

expanded under this scenario. Moreover, Nation use of lands that are presently 

undeveloped would need to be developed with uses that are allowed by the zoning district 

in which the lands are located. 

Under the Property Taxes Not Paid - Dispute Continues scenario, existing uses of the land 

by the Nation would continue. Moreover, the Nation would continue to develop these 

lands under its existing plans and programs to meet the needs of the Nation and its 

members. This could result in land uses that are not entirely compatible with adjacent 

non-Nation lands where uses are regulated by local zoning regulations and other land use 

regulations. This would have a beneficial effect on the Nation and its members but a 

potentially adverse effect on non-Nation land uses and the surrounding community from 

the development of uses that may be inconsistent or incompatible with adjacent and 

surrounding land uses and with local plans and policies. 

4.2.4.3 Cumulative Effects 

The cumulative effects analysis for land use examines past actions by the Nation since it 

reacquired lands that are proposed to be conveyed into trust, current and proposed actions 

by the Nation and others, and reasonably foreseeable changes in land use on Nation and 

non-Nation lands in the Study Area over the next five years. 

Alternative A. Between 1987, when the Nation began to reacquire lands within its 

reservation, and the preparation of this Draft EIS, the region encompassing Oneida and 

Madison Counties has experienced a decline in agriculture and its manufacturing base. 

Major changes in land use have included the closure of the 3,500 acre Griffiss Air Force 

Base in Rome in the early 1990’s and the closing of Oneida Limited’s Sherrill 

manufacturing plant in 2005. 

Since 1987, a total of approximately 867 acres of Nation land in Oneida County was 

converted from agricultural to nonagricultural use. No agricultural land reacquired by the 

Nation in Madison County was converted to nonagricultural use. Conversely, slightly 

more than 5,000 acres of land was converted to agricultural use after reacquisition by the 

Nation. The overall effect resulted in a net increase of nearly 4,200 acres in land used for 

agriculture following reacquisition by the Nation. By contrast, during the period 1987-

2002, the number of acres of farmland in Oneida County declined from 285,731 acres in 
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1987 to 220,486 acres in 2002, or 65,245 acres during this 15-year period. Similar 

statistics for Madison County reveal a decline from 212,084 acres of farmland in 1987 to 

168,264 acres in 2002, or 43,820 acres during this period (USDA, NAAS, 2002; USDA, 

NAAS, 2006). 

Table 4.2-1 

Land Use Change on Nation Lands 1987 – 2005 

Existing Land Use 

(acres) 

Former Use 

Ag. Res. Vacant Comm. Rec. & Ent. Comm. Services Ind. Pub. Serv. W, F, CL & PP Grand Total 

Agricultural (Ag) - 346 - - 521 - - - - 867 

Residential (Res) 1,522 - 35 47 286 144 125 1 17 2,177 

Vacant Land 7,147 440 - 109 509 9 - 25 455 8,695 

Commercial 

(Comm) 

10 0.7 - - - 0.2 - 3 - 14 

Recreation & 

Entertainment 

- 6 - 0.5 - - - - - 7 

Community 

Services 

- - - - - - - - - - 

Industrial (Ind) - - - 4 - 2 - - - 5 

Public Services - - - - - - - - - - 

Wild (W), 

Forested (F), 

Conservation 

Lands (CL) & 

Public Parks (PP) 

- 0.2 - - - - - - - 0.2 

Total Acreage 8,679 793 35 161 1,317 155 125 29 472 11,766 

Notes: The total acres are the amount of land where a change of use occurred since reacquisition by the Nation. 

Totals may not add up due to rounding. 

In Madison County, approximately 4,395 acres, or two-thirds of the 6,594 acres of 

Nation land in the County, experienced a change in use from the time it was reacquired by 

the Nation. Most of those changes resulted in land that was formerly vacant being used 

for agricultural purposes. Land placed in use for agriculture was primarily former vacant 

land or former residential land. 

Slightly more than two-thirds, or 11,766 acres, of all Nation land to be placed in trust 

under Alternative A experienced some change since being reacquired by the Nation 

beginning in 1987. Much of the change in land use on Nation lands has resulted from 

former vacant land being placed in active use for agriculture. This former vacant land 

included residential vacant land, rural vacant lots on less than and greater than 10 acres, 

abandoned agricultural land, and other rural vacant lands. 
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The majority (63 percent or 7,370 acres) of Nation land that experienced a change in use 

occurred on land located in Oneida County. This area is slightly more than two-thirds of 

the 10,776 acres of Nation lands that are in Oneida County. Most of these changes 

resulted in land that was formerly vacant being used for agricultural purposes or for 

recreation and entertainment. Land placed in use for agriculture was formerly vacant or 

residential land, while land converted for recreation and entertainment use was formerly 

vacant or used for agricultural or residential purposes. Within Oneida County, the vast 

majority of land use changes on Nation land occurred in Verona and Vernon in 

association with development of the Turning Stone Resort & Casino. 

Among the most notable changes in land use that the Nation has made on the land that it 

reacquired are the following: 

• Development of the Turning Stone Resort & Casino in the Town of Verona and 

Town of Vernon on formerly vacant, agricultural and residential lands. This 

development included the creation of the casino in 1993, two significant 

expansions of the Turning Stone Resort & Casino in 1997 and 2004, that included 

the lodge, spa, pool, event center and Tower Hotel and a current “rounding out” 

of the Turning Stone Resort & Casino according to its Master Plan. The resort is 

located along a major highway corridor in an agricultural and rural residential 

area. 

• Development of housing for Nation members on lands that were formerly vacant 

or used for agricultural or residential purposes. In developing this housing, the 

Nation renovated a number of existing residences on land that it reacquired. 

• Of the 105 Nation parcels with member housing, more than one-quarter represent 

former residential properties with homes that were renovated to provide housing 

for Nation members. In that regard, the Nation’s reacquisition of these lands and 

improvements to residences located on them has benefited the communities and 

neighborhoods within which these homes are located. 

• Construction of new SavOn gas stations and convenience stores and renovation of 

existing, vacant commercial properties. The vast majority of SavOn gas stations 

and convenience stores were established through renovation of existing service 

stations after acquisition by the Nation. Only the SavOn gas stations and 

convenience stores at Patrick Road, which also includes a car care center, in 

Verona, Route 31 and 13 in Lenox, the Canastota SavOn gas station and 

convenience store on North Peterboro Street, and the Beachmart SavOn gas station 

and convenience store on Route 13 in Verona Beach are new facilities. The Patrick 

Road SavOn gas station and convenience store is located on former commercial 

land along NYS Route 365 in a predominantly agricultural and rural residential 

area. The SavOn gas station and convenience store at the intersection of Routes 31 

and 13 in Lenox is located on the south side of Route 31 across from the Marion 

Manor Marina. It is on a former gas station site in a predominantly residential 

area with some vacant land. The Canastota SavOn gas station and convenience 

store is located on former vacant farmland in a commercial area that also includes 

a restaurant, a non-Nation gasoline service station, some residential uses to the 
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south, and the Nation festival site to the east. The Beachmart SavOn gas station 

and convenience store is located on the west side of Route 13 in Verona Beach on 

former residential land. It is immediately south of a former gas station site now 

owned by the Nation and is adjacent to a predominantly residential area that also 

includes some vacant land and community services. 

• Construction of the Ray Elms Children & Elders Center next to the Village of the 

White Pines member housing development to the east of State Route 46 and the 

Shako: wi Cultural Center in the City of Oneida. The Center and the Village are 

located on former residential land in an agricultural and rural residential area. 

• Development of agricultural uses on rural residential and formerly used 

agricultural lands. This included the construction of a barn, known as the Heifer 

Hotel and for facilities related to the Black Angus beef farm. The barn is located 

on Nation Parcel 210 along State Route 46 in the Town of Stockbridge in Madison 

County. 

• Demolition of substandard structures that could not be rehabilitated for use by 

Nation members. To date, the Nation has demolished structures on a limited 

number of parcels. These structures were primarily former residences and 

agricultural structures located in the Town of Verona. Demolition of remaining 

deteriorated structures will take place in 2006. 

Past activities by the Nation have resulted in some land uses that are of a type or 

magnitude different than that which is allowed by local land use and zoning regulations. 

In particular, Tower at Turning Stone, at 19 stories and over 200 feet in height, is taller 

than if it had been constructed within the maximum height of 40 feet allowed under the 

Town of Verona PUD District requirements. The structure, therefore, has a greater visual 

effect, than otherwise would be possible under local land use controls. 

Additionally, the type and density of some residential development, notably the 

multifamily dwellings at the Village of the White Pines, has resulted in residential land use 

that is not entirely consistent with single-family residences that are located opposite the 

White Pines Village and in the immediate vicinity. There are many instances in the City of 

Oneida, however, where single-family residential uses are located immediately adjacent to 

multifamily residences. The Nation’s housing at the Village of the White Pines consists of 

single-family housing as well as structures housing two-families. There are no apartment 

buildings on the premises. 

As part of an ongoing program by the Nation to demolish structures that were 

substandard at the time they were acquired by the Nation, numerous structures are 

pending demolition (See list in Appendix I). The majority of these are former residences, 

many of which were on farms operated by non-Nation members prior to their acquisition 

by the Nation. The Nation anticipates that the demolition program will be completed by 

the fall of 2006. As a result, the aesthetics of the lands on which these structures are 

located will improve. Taken together, this is anticipated to have a beneficial effect on 

residential and other land uses that are adjacent to these Nation lands. 
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Future development planned on Nation parcels that applies collectively to Group 1, 2, and 

3 lands is described in Section 4.1.4. 

According to a variety of sources, several major private development projects have been 

proposed in the Study Area. These projects, described in Section 4.1.5, may become 

operational during the next five years. These projects would not have the jurisdiction 

effects that could result from the implementation of the proposed action or any of the trust 

alternatives. AS a result, there is not the potential for cumulative effects associated with 

these projects. 

Overall, the future uses planned for the Nation’s land as part of existing plans and 

programs are, in essence, similar to their existing uses. 

The new 22,000 square-foot spa, currently under construction between The Lodge Hotel 

and the Shenendoah Club House, and the construction of a 15,000 – 18,000 square-foot 

nightclub at the rear of the casino in Verona are consistent with existing land uses at the 

Turning Stone Resort & Casino. Other projects are either underway or planned for the 

near term including six new tennis courts, a 12,000 square-foot racquet ball and squash 

club and clubhouse, a traditional Native American “Sweat Lodge” and a helipad. These 

facilities would intensify the use of land at the resort. Specifically, the total area of these 

facilities would increase the total square footage of buildings and facilities at the resort 

(excluding the Kaluhyat and Atunyote golf course structures). However, this increase in 

the intensity of land use at the Turning Stone Resort & Casino is considered to be 

relatively minor. 

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. A majority, or two-thirds, of these sites are presently being used by the 

Nation for agricultural purposes, primarily for growing and harvesting field crops. 

Because the vast majority of these sites are large in size, the conversion of a relatively small 

portion of the parcel to residential use is not expected to have a significant effect on the 

use of the land for agriculture. 

Non-Nation land adjacent to the proposed housing sites generally include agricultural, 

low-density residential, and some undeveloped land. The pattern and density of residential 

development appears to be typical of rural communities where residential development 

occurs on larger lots along major roads. Given the character of existing land uses adjacent 

to and near the Nation’s known future housing sites, it is anticipated that future 

development of these sites to provide member housing would not have a significant effect 

on adjacent land use. 
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Overall, the data and analysis indicate that the effect of past, present and reasonably 

foreseeable future actions by the Nation, local communities and private developers 

considered with Alternative A, which has no direct effects on land use, would not have an 

adverse cumulative effect on land use in the counties and communities where Nation land 

would be conveyed into trust. Past activities of the Nation have reestablished and 

sustained existing uses of land. Specifically, the data suggest that past and current activities 

by the Nation are having an overall beneficial effect on land use by placing former 

agricultural lands into productive agricultural use and maintaining other uses (residential 

and commercial) through renovation and redevelopment of lands acquired by the Nation. 

Additionally, land uses changes contemplated by the Nation in the reasonably foreseeable 

future appear to be consistent with the type and density of existing land use. 

In areas in the City of Oneida where the Nation has created a Planned Unit Development 

District, the Nation’s Land Use Ordinance provides that the developments “enhance the 

quality of life of residents, create an inviting visual character, and are harmonious and 

compatible with adjoining land uses” (Oneida Nation, 1998). Similar provisions are 

included in the Nation’s Land Use Ordinance to regulate home occupations in Unassigned 

Residential Districts (R-U) and in Community and Governmental Districts. Moreover, as 

stated in the Nation’s Land Use Ordinance, it is required that all existing land uses cannot 

be substantially changed or altered without a Land Use Permit (LUP). In determining 

whether or not to issue a LUP, the Nation considers the “. . . compatibility of the use . . .”, 

“. . .[t]he location of the proposed use and its physical harmony with the area in which it 

is proposed. . .”, and “. . .[t]he environmental impact of the use;” The Nation’s past 

practices on lands mapped in a specific district, in a R-U District, or other lands under its 

jurisdiction indicate that it would continue to maintain the same approach and attitude in 

developing lands in the future. Therefore, the cumulative effect on land use as a result of 

this alternative is not anticipated to be significant or adverse. 

Alternative B. Cumulative effects on land use from past actions by the Nation on lands 

included under Alternatives A and B would be the same. The difference between these two 

alternatives will occur from future actions on lands that have not yet been reacquired by 

the Nation. Undoubtedly, past actions since 1987 by others on the additional 17,630 acres 

of land that would be placed in trust under Alternative B have resulted in changes in land 

use. These changes may have had a direct or indirect effect on land use. However, since 

the location of the 17,630 acres of land is not specifically known at this time, it is not 

feasible to include either past actions or future actions on these lands in this analysis. 

Effects on land use from present actions by the Nation unrelated to the trust transfer on 

lands included under Alternative B would be the same as Alternative A. Since the location 

of additional lands to be conveyed into trust under Alternative B is presently unknown, it 

is not feasible to include the cumulative effects from present actions that may or may not 
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be occurring on those lands and future actions that would have a direct or indirect effect 

on land use. 

In the long-term, potential cumulative effects on land use under Alternative B may be 

greater than under Alternative A due to the larger land area conveyed into trust and the 

potential changes in land use that may occur. However, the Nation’s past practices in 

developing land and commitment for future development, as embodied in its Land Use 

Ordinance, indicate that uses would be developed in a manner that enhances the quality of 

life of residents and is harmonious and compatible with adjoining land uses. The 

geographic extent of the effect would be limited to land in Oneida and Madison Counties. 

Moreover, with the exception of land containing cultural resources, which would remain 

undeveloped to protect the resource, the Nation is likely to acquire lands near existing 

Nation lands in order to continue establishing a compact area. 

The effect on Madison and Oneida County communities would be greater under 

Alternative B than under Alternative A, as more land area would not be under the 

jurisdiction of local governments. The magnitude of this effect will depend on the location 

of the lands that would be reacquired by the Nation and conveyed into trust. In some 

communities like the Town of Verona in Oneida County and the City of Oneida and 

Town of Stockbridge in Madison County, the Nation already owns a significant 

percentage of the land area. Additional acquisitions in these communities would increase 

the difficulty of future land use planning in these communities. Furthermore, it may also 

bring about more pressure to develop agricultural or undeveloped non-Nation lands as the 

amount of agricultural and undeveloped land available in the free marketplace would 

decline with each reacquisition by the Nation. 

Alternative C. Past actions by the Nation and the resulting effects under Alternative C 

are similar to the effects identified under Alternative A. However, the nature and 

geographic extent of the changes and resulting effects are different. 

Approximately 7,021 acres, or 71 percent, of all Nation land to be placed in trust under 

this alternative experienced some change since being reacquired by the Nation beginning 

in 1987. Much of the change in land use on Nation lands in Groups 1 and 2 has resulted 

from former vacant land being placed in active use for agriculture. This former vacant 

land included residential vacant land, rural vacant lots on less than and greater than 10 

acres, abandoned agricultural land and other rural vacant lands. 

As discussed in the analysis of Alternative A, since the Nation began reacquiring land in 

1987 it has placed a considerable amount of land that was either vacant, inactive farmland 

or other land into active agricultural use. On lands in Groups 1 and 2, it is estimated that 

the Nation placed nearly 3,200 acres of vacant farmland into active use for agricultural 

purposes, and converted an additional 900 acres from residential use, as reported by the 

Nation, to agricultural use. Upon further analysis, much of this land appears to have been 
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vacant agricultural land or vacant residential land that may have contained an existing 

residence. Approximately 600 acres of former residential land was converted to 

nonresidential use, primarily for recreation and entertainment purposes associated with 

the Turning Stone Resort & Casino. 

The Nation is presently in the midst of a program to demolish dilapidated or unsightly 

structures on its lands. To date, the Nation has completed demolition of buildings on a 

limited number of Group 1 and 2 parcels. Most of the parcels included former residences 

and agricultural buildings (barns, sheds, silos). 

There are presently a number of Group 1 and 2 parcels where existing structures are 

pending demolition pursuant to ongoing Nation plans. Vacant residences are located on 

nearly all of these parcels, and many include sheds and barns. The completion of this 

program will have a beneficial effect on adjacent lands uses through improvement of the 

aesthetic environment and the character of the neighborhoods and communities where the 

parcels are located. A complete listing of the parcels slated for the demolition of structures 

is included in Appendix I. 

Future land use changes from proposed developments on non-Nation lands in the Study 

Area are anticipated to be similar to those previously identified. They include proposed 

development at the Turning Stone Resort & Casino, a new spa and a night club at the rear 

of the casino. The approximately 15,000 square foot addition to the resort represents a 

minor increase, however, in the total building area on this parcel. 

The Nation has identified a total of eight proposed sites for construction of member 

housing on Group 2 lands in the reasonably foreseeable future. This housing would be 

located in the Towns of Verona and Vernon in Oneida County and the Towns of Lenox, 

Lincoln and Sullivan in Madison County. Slightly more than one-half of these sites were 

former dairy farms or vacant farmland at the time they were acquired by the Nation. 

Today, one-half of these sites are being used by the Nation for agriculture, primarily for 

crop production, and the other half are inactive or active residential properties. Lands 

adjacent to the sites are owned by the Nation and others. Some of these lands are vacant, 

while other lands are being used for agricultural uses or contain residences on larger lots 

that are of a rural residential nature. 

Member housing that has been constructed in the past by the Nation on individual lots 

beyond the Village of the White Pines has been for single-family residences. The future use 

of the proposed sites for member housing is anticipated to be compatible with adjacent 

uses of the land. Because the majority of these proposed member housing sites are large in 

size, the conversion of a relatively small portion of the parcel to residential use is not 

expected to have a significant effect on the use of the land by the Nation for agriculture. 

Moreover, the Nation’s past practices in developing land and commitment for future 

development, as embodied in its Land Use Ordinance, indicate that uses would be 
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developed in a manner that enhances the quality of life of residents and is harmonious and 

compatible with adjoining land uses. 

Under circumstances whereby the Nation would retain ownership of Group 3 lands that 

are not conveyed into trust, either through paying property taxes on these lands or where 

foreclosure or alienation of these lands does not take place, proposed construction of 

Nation member housing on several sites located on Group 3 lands would also occur. As a 

result, the existing use of these sites would change. 

In the event that the Nation were to lose Group 3 lands that are not conveyed into trust, 

the conversion of vacant or agricultural land to residential use would not occur, as the 

proposed sites for Nation member housing would remain in their present condition in the 

reasonably foreseeable future. 

The construction of these residences, which is a planned action unrelated to the trust 

action, combined with proposed construction by others, is not anticipated to have a 

significant adverse cumulative effect on land use in the reasonably foreseeable future. 

Alternative D. Approximately 2,578 acres, or 75 percent, of all Nation land to be 

placed in trust under this alternative experienced some change since being reacquired by 

the Nation beginning in 1987. Nearly one-half of the change in land use on Nation lands 

in Group 1 resulted from former vacant land being placed in active use for agriculture. 

This former vacant land included residential vacant land, rural vacant lots on less than and 

greater than 10 acres, abandoned agricultural land, and other rural vacant lands. 

As discussed previously, since the Nation began reacquiring land in 1987 it has placed a 

considerable amount of land that was either vacant, inactive farmland or other land into 

active agricultural use. On lands in Group 1, it is estimated that the Nation placed nearly 

more than 900 acres of vacant farmland into active use for agricultural purposes, and 

converted an additional over 200 acres from rural residential use, some with agricultural, 

to agricultural use. At the same time, the Nation also converted about the same amount of 

active or former agricultural land in Group 1 to nonagricultural uses. The overwhelming 

majority of this change was associated with development of the Turning Stone Resort & 

Casino. 

There are presently a limited number of Group 1 parcels where existing structures are 

pending demolition. Vacant residences are located on all of these parcels, and most include 

sheds and barns. The completion of this program by the fall of 2006 will have a direct and 

indirect beneficial effect on adjacent lands uses through improvement of the aesthetic 

environment and the character of the neighborhoods and communities where the parcels 

are located. A complete listing of the parcels is included in Appendix I. 
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It is anticipated that development proposed by others in the region, as listed previously, 

would take place. Additionally, the Nation is building a night club adjacent to the Turning 

Stone Resort & Casino. 

Under circumstances whereby the Nation would retain ownership of Group 2 and 3 lands 

that are not conveyed into trust, either through paying property taxes on these lands or 

where foreclosure or alienation of these lands does not take place, the construction of 

Nation member housing on 15 sites located on Group 2 and 3 lands would be able to 

occur. As a result, the existing use of these sites would change with similar effects on 

adjacent land use. Specifically, the Nation’s past practices in developing land and 

commitment for future development, as embodied in its Land Use Ordinance, indicate that 

uses would be developed in a manner that enhances the quality of life of residents and is 

harmonious and compatible with adjoining land uses. 

In the event that the Nation were to lose Group 2 and 3 lands that are not conveyed into 

trust, the conversion of vacant or agricultural land to residential use would not occur, as 

the 15 proposed sites for Nation member housing would remain in their present condition 

in the reasonably foreseeable future. 

The construction of these residences, which is a planned action unrelated to the trust 

action, combined with proposed construction by others, is not anticipated to have a 

significant adverse cumulative effect on land use in the reasonably foreseeable future. 

Alternative E. The majority of land on which the Turning Stone Resort & Casino is 

located was a former dairy farm. The conversion of this farm to nonagricultural use has 

likely added to past actions by others in converting farmland in Oneida County to 

nonagricultural uses. The amount of land, at about 225 acres, is not considered to be 

significant in view of the more than 65,000 acres of farmland that became inactive and 

may have been converted to other uses during the period 1987-2002. 

It is anticipated that development proposed by others in the region, as listed previously in 

the discussion under Alternative A, would take place. It is not likely that the Nation would 

propose any new development on the property given the uncertain future of the enterprise 

with the loss of most of the facilities associated with the Turning Stone Resort & Casino. 

Under circumstances whereby the Nation would retain ownership of Group 2 and 3 lands 

that are not conveyed into trust, either through paying property taxes on these lands or 

where foreclosure or alienation of these lands does not take place, proposed construction 

of Nation member housing on 15 sites located on Group 2 and 3 lands might be able to 

occur. As a result, the existing use of these sites could change, as previously described 

under Alternative A. 
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In the event that the Nation were to lose Group 2 and 3 lands that would not be conveyed 

into trust under Alternative E, the conversion of vacant or agricultural land to residential 

use would not occur, as the 15 proposed sites for Nation member housing would remain 

in their present condition in the reasonably foreseeable future. 

The construction of these residences, which is a planned action unrelated to the trust 

action, combined with proposed construction by others, is not anticipated to have a 

significant adverse cumulative effect on land use in the reasonably foreseeable future. 

Alternative F. Past and present actions by the Nation and the resulting conditions under 

Alternative F are similar to the conditions identified under Alternative A. The nature and 

geographic extent of the changes and resulting effects, however, are different. 

As discussed in the analysis of Alternative A, since the Nation began reacquiring land in 

1987 it has placed a considerable amount of land that was either vacant, inactive farmland 

or other land into active agricultural use. On proposed trust lands under Alternative F, it is 

estimated that the Nation placed close to 4,500 acres of vacant land into active use for 

agricultural purposes, and converted an additional 970 acres from residential use, as 

reported by the Nation, to agricultural use. 

The effects of development in the reasonably foreseeable future that were identified under 

Alternative A would be similar under Alternative F. Less member housing would be 

constructed in the future, as less land would be conveyed into trust under Alternative F, 

however, under a scenario whereby the Nation would lose land through foreclosure or 

alienation from nonpayment of property taxes on land that would not be conveyed into 

trust. Therefore, this alternative would have less of a cumulative effect on land use 

adjacent to Nation lands than Alternative A. 

Alternative G. The closure of dairy farms, Griffiss Air Force Base, and closure of Oneida 

Limited manufacturing created hundreds of acres of inactive land in Oneida and Madison 

Counties. With the exception of some dairy farms on land reacquired by the Nation, the 

combined effect of past actions by others in the region has increased the amount of 

inactive and abandoned properties in the Study Area. 

In the future, no potential changes in land use associated with the Nation’s proposed 

improvements to and development of their land under existing plans and programs would 

occur. Conversely, the inability to maintain existing improvements would further add to 

the decline of the area. With the closure of the Turning Stone Resort & Casino, the 

proposed Verona Greens development is not likely to be constructed either in part or 

whole, as the services (lodging, food and retail) could not likely be supported without the 

Turning Stone Resort & Casino. 
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4.2.4.4 Summary of Land Use 

Alternative A. There are no direct or indirect adverse effects on land use resulting from 

the Proposed Action (Alternative A). There are potential cumulative effects on land use 

under Alternative A in the reasonably foreseeable future from planned or on-going 

development at the Turning Stone Resort & Casino and construction of member housing 

both at the Village of the White Pines and at other Nation-owned properties. These 

cumulative effects would include a slight increase in traffic generation and, for member 

housing sites located outside of the Village of the White Pines, a change in the visual 

surroundings of the land and slightly more intense development. The magnitude of these 

effects is anticipated to be minor in view of the potential development and other proposed 

projects by private developers within the Study Area. Section 4.8.5 provides a detailed 

discussion of transportation effects, and Section 4.9.3 addresses visual effects. 

In the long-term, it is possible that the Nation could establish uses on land conveyed into 

trust that may be incompatible with adjacent land uses. Based on the Nation’s past 

activities and current use of its lands, however, it is anticipated that this would be limited 

both in magnitude and geographic extent. The overall effect is not expected to be 

significant. 

Alternative B. As with Alternative A, there are no direct and indirect effects on land use 

under Alternative B. The cumulative effects of Alternative B, however, are anticipated to 

be more significant than under Alternative A by virtue of the additional amount of land 

that would be conveyed into trust under Alternative B. 

Alternative C. Under Alternative C, some member housing would not be able to be 

constructed under existing plans and programs unrelated to the trust action on land that 

would not be conveyed into trust (under Property Taxes Paid or Property Taxes Not Paid 

– Dispute Continues), and under the (Property Taxes Not Paid – Foreclosure) scenario, the 

Nation’s use of agricultural lands in Group 3 would cease, and existing structures and 

properties in Group 3 would deteriorate. This would have an indirect, adverse effect on 

adjacent land use where Nation lands remain inactive and structures deteriorate and where 

agricultural lands are redeveloped for nonagricultural uses. A potential indirect beneficial 

effect on land uses that are adjacent to undeveloped lands in Group 3, which would not be 

conveyed into trust, could occur in the future whereby these lands would be subject to 

local zoning and other regulations (under the Property Taxes Paid scenario), as the lands 

would need to be used in a manner consistent with local zoning and land use policy. 

However, based on the Nation’s policies to develop lands in a manner that is harmonious 

and compatible with adjoining land uses, the beneficial effect of local control is not 

anticipated to be significant. 

Alternative D. As a consequence of Alternative D and the Property Taxes Not Paid – 

Foreclosure scenario, member housing would not be constructed as lands where this 
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housing could be located would not be conveyed into trust. Therefore, the Nation’s use of 

agricultural lands in Groups 2 and 3 would cease, and existing properties and structures in 

Groups 2 and 3 would deteriorate. This would have an indirect, adverse effect on adjacent 

land use where Nation lands remain inactive and structures deteriorate and where 

agricultural lands are redeveloped for nonagricultural uses. A potential indirect beneficial 

effect on land uses that are adjacent to undeveloped lands in Groups 2 and 3, which would 

not be conveyed into trust, could occur in the future whereby these lands would be subject 

to local zoning and other regulations (under the Property Taxes Paid scenario), as the 

lands would need to be used in a manner consistent with local zoning and land use policy. 

However, based on the Nation’s policies to use and develop lands in a manner that is 

harmonious and compatible with adjoining land uses, the beneficial effect of local control 

is not anticipated to be significant. 

Alternative E. As a consequence of Alternative E and the Property Taxes Not Paid – 

Foreclosure scenario, no member housing would be constructed, as lands would not be 

available for such purposes. Therefore, the Nation’s use of most lands in Groups 1, 2 and 

3 would cease, and existing properties in Groups 1, 2 and 3 would deteriorate. This would 

have an indirect, adverse effect on adjacent land use where Nation lands remain inactive 

and structures deteriorate and where agricultural lands are redeveloped for nonagricultural 

uses. A potential indirect beneficial effect on land uses that are adjacent to undeveloped 

lands in Groups 1, 2 and 3 which would not be conveyed into trust could occur in the 

future, whereby these lands would be subject to local zoning and other regulations (under 

Property Taxes Paid scenario), as the lands would be developed in a manner that is 

consistent with local zoning and land use plans. However, based on the Nation’s policies 

to develop lands in a manner that is harmonious and compatible with adjoining land uses, 

the beneficial effect of local control is not anticipated to be significant. 

The effect on land use from implementation of this alternative would be significant. 

Thousands of acres of Nation land that are now productive and actively used for the 

benefit of Nation members and the community could become unproductive in the 

reasonably foreseeable future. Moreover, the lack of maintenance and declining condition 

of these lands would have an adverse effect on adjacent land uses, neighborhood and 

community character and visual resources. 

Alternative F. As a consequence of Alternative F, some member housing would not be 

constructed on lands that would not be conveyed into trust (under the Property Taxes 

Paid scenario), and under the Property Taxes Not Paid – Foreclosure scenario the Nation’s 

use of agricultural lands on Group 3 lands in Stockbridge would cease and existing 

properties in Group 2 and 3 that are not conveyed into trust would deteriorate. This 

would have an indirect, adverse effect on adjacent land use where Nation lands remain 

inactive and structures deteriorate and where agricultural lands are redeveloped for 

nonagricultural uses. A potential indirect beneficial effect on land uses that are adjacent to 
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undeveloped lands in Groups 2 and 3 that would not be conveyed into trust could occur in 

the future, whereby these lands would be subject to local zoning and other regulations 

(under the Property Taxes Paid scenario), as the lands would need to be used in a manner 

consistent with local zoning and land use policy. However, based on the Nation’s policies 

to develop lands in a manner that is harmonious and compatible with adjoining land uses, 

the beneficial effect of local control is not anticipated to be significant. 

Alternative G. The effect on land use from implementation of this alternative would be 

significant. Thousands of acres of Nation land that are now actively used for the benefit of 

Nation members and the community would become unproductive (under the Property 

Taxes Not Paid – Foreclosure and Casino Closes and All Enterprises Close scenarios) in 

the reasonably foreseeable future. The lack of maintenance and declining condition of 

these lands would have an adverse effect on adjacent land uses, neighborhood and 

community character. Furthermore, existing land uses, such as local restaurants, gas 

stations, retail businesses and lodging that depend on tourism related to the Turning Stone 

Resort & Casino and other Nation enterprises may cease. Proposed developments and 

changes in land use would not likely occur in the reasonably foreseeable future as a result. 

Summary 

Under Alternative A, Proposed Action, conveyance of all Nation lands into trust would 

have the greatest beneficial effect on the use of existing land by the Nation, as all of its 

land and existing improvements thereon would continue. These uses would continue in an 

environment whereby the Nation itself would determine the type of uses allowed on its 

lands and where those uses would occur, subject to Nation laws and federal law. As a 

result, the Nation would be able to pursue its existing plans and programs to expand the 

amenities (gaming floor, night club and spa) at the Turning Stone Resort & Casino and to 

construct in the reasonably foreseeable future additional housing on Group 2 and 3 lands 

to meet the needs of its members. Similar effects would result from implementation of 

Alternative B, except that the land area to be used and regulated by the Nation to the 

benefit of the Nation would be considerably greater than under Alternative A. 

Alternative B would also have the greatest cumulative effect on Nation use of the land by 

allowing the Nation to reacquire land that contains archaeological and cultural sites that 

were once actively used by the Nation but from which the Nation was alienated. 

Existing land uses on most Nation lands to be conveyed into trust are primarily 

compatible with adjacent uses on non-Nation lands. Where uses such as the multifamily 

dwellings at the Village of the White Pines and structures such as The Tower at the 

Turning Stone Resort & Casino do not conform to local community zoning, it does not 

appear that this has had an adverse effect on adjacent land uses or resulted in development 

of other incompatible land uses. 

Alternatives C through F would convey varying amounts of land into trust; the Nation’s 

use of the land and the effects on adjacent non-Nation land uses would vary with the 
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alternative. With regard to lands not conveyed into trust, Alternative E would have the 

greatest adverse effect of these alternatives on the Nation and potentially non-Nation land 

use from deterioration of Nation lands that would not be conveyed into trust. Alternative 

F would have a more limited adverse effect on the Nation of those alternatives where all 

land is not conveyed into trust but the greatest effect on local communities. Alternatives C 

and D fall in between these two alternatives, with D being closer to E, and C being closer 

to F. With regard to lands conveyed into trust under these alternatives, Alternative F 

would have the most beneficial effect on the Nation’s use of its land and the most 

potentially adverse effect on the adjacent non-Nation land uses. Alternative E would have 

the most adverse effect on the Nation’s use of its land and the most potentially beneficial 

effect on adjacent non-Nation land uses. 

The effects on land use would also depend on whether or not the Nation retains 

ownership of land not conveyed into trust and under what circumstances. In a scenario 

whereby the Nation would pay property taxes on the land not conveyed into trust and the 

use of that land would be subject to local land use plans, zoning and other regulations of 

the community in which the land is located, the direct result would be that some Nation 

lands would become nonconforming and subject to challenge. As an indirect effect, the 

Nation’s existing uses on those lands would likely be prohibited from expansion in the 

future. This would likely have an adverse effect on the Nation in its ability to meet its 

needs and the needs of its members through the use of its land. 

A more significant direct effect on Nation use of its land under Alternatives C through F 

would occur in a scenario whereby the Nation would not pay property taxes on the lands 

not conveyed into trust and foreclosure or alienation of this land from the Nation would 

result. The existing use would therefore cease, resulting in an increase in inactive land in 

the Study Area containing improvements that would deteriorate over time from lack of 

maintenance. While the land would be subject to community comprehensive and master 

plans, zoning and other local land use regulations, adjacent land uses may be indirectly, 

adversely effected by deteriorating structures and grounds on those lands. 

The No Action alternative would have a significant adverse effect on the Nation’s use of 

its land, as all land that may be retained by the Nation in the future would be subject to 

local planning, zoning and other land use regulations, thereby rendering a number of uses 

as nonconforming and precluding future expansion of those uses. The nature and location 

of uses by the Nation of its land would also be restricted by zoning and other local land 

use regulations. This would limit the Nation’s ability to use the land in a manner that best 

meets its needs and goals. A more significant effect on the use of land by the Nation and 

on adjacent non-Nation land uses would likely occur under a scenario whereby the casino 

closes. Under this scenario, most, if not all, Nation land becomes inactive and the land 

improvements thereon would deteriorate over time.