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3.5 Living Resources 

3.5.1 Regional Setting 

The Nation’s lands proposed for trust transfer are located entirely within the Oneida Lake 

Watershed. The Oneida Lake Watershed comprises 1,364 square miles and includes 

portions of six counties in central New York State, including Cortland, Lewis, Madison, 

Oneida, Onondaga and Oswego Counties. The Oneida Lake watershed serves as an 

environmental linkage for the surrounding region as precipitation that falls within the 

watershed area, and drains through it, eventually travels to the lake. The following 

section describes the environmental characteristics of the watershed in order to provide a 

regional context for assessing the existing ecological and agricultural resources located on 

the Nation’s lands. 

The Oneida Lake Watershed is located within a transition zone between three 

physiographic regions, the Eastern Lake section of the Central Lowland Interior Plains and 

the Mohawk and Southern New York sections of the Appalachian Highlands (Fenneman 

and Johnson, 1946; United States Geological Survey, 2003). These three physiographic 

provinces are discussed in more detail in Section 3.2.1.2 Topography of the Study Area. 

Southern and eastern areas of Oneida County and northern areas of Madison County 

largely consist of broad, flat plains surrounding Oneida Lake. These areas are largely 

located in the Eastern Lake section of the Central Lowland Interior Plains, also referred to 

as the Erie/Ontario Lake Plains. Southern areas of Madison County are located in the 

Southern New York section of the Appalachian Highlands. These areas contain a series of 

north-south trending valleys. Many of the streams that drain into Oneida Lake from the 

south originate in the Appalachian Highlands and flow through these north-south valleys. 

The Erie/Ontario Lake Plains are bordered to the north and east by the Mohawk section 

of the Appalachian Highlands, which is described in Section 3.2.1.2 Topography of the 

Study Area. The Nation’s lands are located in the Erie/Ontario Lake Plains or the 

Southern New York section of the Appalachian Highlands. 

The Oneida Lake watershed has a humid continental climate (FAO-SDRA, 1997). The 

climate is strongly seasonal with average July and January temperatures of 70.2 and 21.1 o 

F, respectively. Precipitation is distributed rather evenly throughout the year with annual 

precipitation averaging 45.3 inches (NYS Climate Office, 2006). The winter months are 

typified by regular snowstorms, strong winds, and bitter cold resulting from the southern 

expansion of continental polar air masses. The climatic characteristics of the watershed 

strongly influence the composition of the ecosystems, vegetation, and wildlife of Madison 

and Oneida Counties. 

The natural resources of the environment in the Oneida Lake Watershed are closely 

related to its existing and historical land use conditions. Throughout the eastern United 

States and within the Oneida Lake Watershed, extensive clearing of land for agriculture 
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occurred in the 1800’s while the regrowth of forests on abandoned agricultural land has 

characterized the1900’s (Houghton and Hackler 2000). As will be discussed in this 

section, this land use pattern of forest clearing, farmland abandonment, and forest 

regrowth has also strongly influenced the ecosystems, vegetation, and wildlife of Madison 

and Oneida Counties. 

The Oneida Lake Watershed is largely rural with agricultural land uses continuing to 

account for 229,070 acres or 29 percent of watershed lands (Central New York Regional 

Planning and Development Board, 2003). In addition, the watershed also contains large 

areas of forested lands. More than 1.8 million acres of forested lands are located within 

the five counties (Lewis, Madison, Oneida, Onondaga, Oswego) that are found within the 

watershed, of which, 190,000 and 436,000 acres are located in Madison and Oneida 

Counties, respectively (USDA, 1995). These forests, fallow and vacant agricultural lands, 

and other ecosystems are important to the surrounding watershed as they provide many 

important ecosystem benefits and services. These benefits and services include improving 

water quality in surface and groundwater by filtering sediments and/or nutrients from 

surface runoff and precipitation, reducing soil erosion, serving as habitat for a diverse 

range of flora and fauna, supplying renewable and economically valuable agricultural and 

timber resources, providing areas for recreational activities and hunting, and removing 

harmful pollutants from the air. 

3.5.2 Ecosystems and Biological Communities 

The New York Natural Heritage Program (NYNHP) has rigorously inventoried the 

diversity of ecosystems and biological communities found within New York State. This 

section summarizes the methodologies of this biological inventory and provides 

descriptions for the ecosystems commonly found within Oneida and Madison Counties 

and on the Nation’s lands. 

3.5.2.1 Introduction 

An ecological community is defined as a variable assemblage of interacting plant and 

animal populations that share a common environment. Ecological Communities of New 

York State by Carol Reschke was published in 1990, and updated in 2002, to classify the 

ecological communities of New York State, facilitate the NYNHP inventory, and assist 

with the NYNHP’s goals of assessing and preserving New York’s biological diversity 

(Reschke, 2002). The NYNHP inventory provides a regularly updated database of 

information on rare animals, rare plants, and significant natural communities of New 

York State. The definitions and descriptions provided in this section for the ecological 

communities of Oneida and Madison Counties and the Nation’s lands are based upon the 

2002 edition of Ecological Communities of New York State. 

3.5.2.2 Ecological Systems Representative of Oneida and Madison Counties 

The following section describes the terrestrial and aquatic ecological communities 

ecosystems that are representative of Oneida and Madison Counties using the 
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classifications presented in Ecological Communities of New York State (Reschke, 2002) 

These community types may be present on or adjacent to the Nation’s lands according to 

Nation reference materials and studies, an archival search of available regulatory 

databases and reference materials, a review of available New York State and federal 

wetland maps, and field reconnaissance of representative Group 1, 2, and 3 lands. 

Terrestrial ecological systems are found on dry to mesic (well drained) soils and feature 

vegetative cover that is never predominantly hydrophytic, even if the soil surface is 

occasionally or seasonally flooded or saturated. Terrestrial systems that may be found in 

Madison and Oneida Counties include open uplands, barrens and woodlands, forested 

uplands, and terrestrial cultural systems. Cultural systems include habitats created or 

maintained by human activities including croplands, orchards, lawns, and plantations. 

Cultural systems are dominant throughout Madison and Oneida Counties, as well as the 

Nation’s lands, due to the extensive use of land for agricultural uses throughout the 

region. 

The distribution of terrestrial ecological communities within the Madison and Oneida 

Counties is determined by the soil and climatic characteristics. Prior to the extensive 

clearing of lands for agriculture, the broad plains and areas of glacial till located around 

Onieda Lake, and throughout the Erie/Ontario Lake Plains physiographic province, were 

dominated by beech-maple forests, elm-ash forests, and northern hardwood forests 

(McNab and Avers, 1996). Wetland and lowland forest communities are also abundant 

due to the low elevations of the lake plains and form complex hydrological systems with 

many of the perennial streams and inland lakes. 

The terrestrial ecological communities located in the Southern New York Appalachian 

Highlands physiographic region are also primarily dominated by beech-maple forests. 

Hemlock-mixed hardwood forests are often found interspersed within beech-maple forest 

particularly on north-facing slopes, coves, and ravines. Wetland communities are likely to 

be found bordering the streams located on the steep slopes of hills and uplands or near the 

more mature, meandering streams located in valleys. Forested wetlands and open marshes 

are likely to occupy poorly drained areas in either the uplands or valleys. 

The ecological communities of the Mohawk Appalachian Highlands are influenced by the 

shorter growing season and colder temperatures associated with its higher elevations and 

more northern location. As a result, the mature vegetation communities in northern areas 

of Oneida County contain a larger proportion of coniferous or evergreen trees, as these 

species are better suited to short growing seasons. Specific ecological communities in these 

areas are likely to include spruce-northern hardwood forests at intermediate elevations and 

northeastern spruce-fir forests at higher elevations (McNab and Avers, 1996; Delacourt 

and Delacourt, 2000). 
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Aquatic ecological systems found in Madison and Oneida Counties include riverine, 

lacustrine, and palustrine systems. The following definitions of the systems and 

subsystems are adapted from the USFWS wetland classification and USDA ecological land 

classification (New York Natural Heritage Program, 2002). Riverine systems are linear 

freshwater communities of flowing waters within a discrete channel, typically lacking or 

with only sparse, persistent emergent vegetation. Riverine ecological communities are 

primarily distinguished by the topographic position of the stream in the watershed and 

water flow characteristics. Riverine systems in Madison and Oneida Counties include 

natural streams and cultural systems which include riverine habitats created or maintained 

by human activities. 

Lacustrine systems consist of deep surface waters (greater than six feet) situated in 

topographic depressions or damned river channels that are dominated by persistent 

emergent vegetation. Lacustrine communities are distinguished primarily by trophic 

(nutrient enrichment) state, alkalinity, thermal stratification, circulation, lake basin and 

drainage area characteristics, and water chemistry. Lacustrine systems in Madison and 

Oneida Counties include natural lake and ponds and cultural lacustrine systems. 

Palustrine systems consist of non-tidal, perennial wetlands characterized by emergent 

vegetation including wetlands permanently saturated by seepage, permanently flooded 

wetlands, and wetlands that are seasonally or intermittently flooded (these may be 

seasonally dry). Wetland communities are distinguished by their plant composition 

(hydrophytes), substrate (hydric soils) and hydrologic regime (frequency of flooding). 

Palustrine systems in Madison and Oneida Counties are likely to include open mineral soil 

wetlands, forested mineral soil wetlands, open peatlands, forested peatlands, and cultural 

palustrine systems. 

Significant Ecological Communities 

Two significant ecological communities have been identified by the NYNHP for the region 

surrounding, but not located on, the Nation’s lands. Both communities are found in 

Chittenango Falls State Park in the Towns of Cazenovia and Fenner, in Madison County. 

Chittenango Falls State Park is not located on any Nation parcel, and is more than 10,000 

feet west of the nearest Nation parcel (Parcel 57, Group 2). The descriptions of these 

significant ecological communities are based on Reschke (2002). 

 The first community is classified as a Terrestrial-Open Uplands-Calcareous Cliff 

Community which occurs on vertical exposures of resistant, calcareous bedrock (such as 

limestone or dolomite) or consolidated material. These cliffs often include edges and small 

areas of talus (i.e. rock fragments) where soil development is minimal and vegetation is 

sparse. 

The second community is classified as a Terrestrial-Barrens and Woodlands-Calcareous 

Talus Slope Woodland. These woodlands feature open or closed canopy communities 
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occurring on talus slopes composed of calcareous bedrock such as limestone or dolomite. 

The soils are usually moist and loamy and there can be numerous rock outcrops. 

3.5.2.3 Ecological Communities Representative of Nation Lands 

This section describes the riverine, lacustrine, palustrine, and terrestrial ecological 

communities on the Nation’s lands. As discussed in Section 3.2.4, Nation lands are 

differentiated by current and historical use patterns. These land use patterns strongly 

influence the nature and extent of ecological community types present on Group 1, 2, and 

3 lands. 

Group 1 lands total approximately 3,428 acres and include the casino resort grounds, golf 

courses and surrounding woodland buffers, active/inactive agricultural lands and 

associated structures (i.e. farmhouses, barns, grain silos etc.) and Nation member housing. 

The ecological conditions of Group 1 lands largely reflect the predominant entertainment 

and recreational land uses except for surrounding undeveloped buffer properties. 

Group 2 lands total approximately 6,475 acres and include other Nation non-gaming 

enterprises, residential properties, governmental facilities and cultural properties, as well 

as active and inactive agricultural and pasture lands. Generally, the more undeveloped 

nature of Group 2 lands results in a much greater diversity and habitat quality of 

ecological community types present. 

Group 3 lands total approximately 7,467 acres and include non-gaming and agricultural 

lands. Group 3 lands are the least developed, consisting of active and inactive agriculture 

and associated structures, and exhibit the greatest diversity of ecological community types 

of the three Groupings. 

Riverine Ecological Communities 

Riverine ecological communities found on the Nation’s lands include marsh headwater 

streams, canals, and artificial intermittent streams. The characteristics of these three 

communities and locations of representative examples of these communities on the 

Nation’s lands are discussed below. 

Marsh headwater streams are characterized by small, marshy perennial brooks with very 

low gradients, slow flow rates, and cool-to-warm waters. This stream type commonly 

flows through a marsh, fen, or swamp. These streams usually have meanders and are in 

unconfined landscapes. Marsh headwater streams are typically dominated by shallow, 

narrow runs that have a relatively small low flow discharge with interspersed pool 

sections. The substrate is typically gravel or sand, but may also be dominated by silt, 

muck, peat, marl deposits, or woody/leafy debris. 

Examples of headwater streams include Parcel 244 (Group 1), Parcel 205 (Group 2), and 

Parcel 220 (Group 3). This stream type typically occurs as part of a large wetland system 
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and often continues beyond the limits of the Nation’s lands (particularly Group 2 and 3 

lands north of Route 31 and west of Route 365). Marsh headwater streams are 

distributed throughout New York State (New York Natural Heritage Program, 2002). 

Canals are aquatic communities within artificial waterways or modified stream channels 

constructed for inland navigation or irrigation. Most canals have low gradients between 

locks; however, some feeder canals have steep gradients and are not navigable. The 

manmade Erie Canal is a classic example of this community type. Group 2 Parcels 

(Parcels 121, 205, 313, 325, 326 and 327) adjacent to the Erie Canal and in the vicinity of 

the Snug Harbor Marina are indicative of this community type. This community type is 

distributed throughout New York State along similar canals (New York Natural Heritage 

Program, 2002). 

Artificial intermittent streams include artificial ditches or channels constructed for 

drainage or irrigation. Water levels either fluctuate in response to variations in 

precipitation and groundwater levels, or water levels are artificially controlled. The sides 

of ditches are often vegetated by grasses, sedges, and exotic or weedy species. Examples of 

this community type exist on all three Groupings of the Nation’s lands. This community 

type is most prevalent on or adjacent to active and inactive agricultural areas, pasture 

lands, and wetlands. The majority of these communities are found on Group 2 and 3 

lands located to the north of I-90 and west of Route 365. Additional areas include Group 

1 lands located to the north of Route 5 and west of Route 26. This community is 

distributed throughout New York State (New York Natural Heritage Program, 2002). 

Lacustrine Ecological Communities 

Lacustrine ecological communities found on the Nation’s lands include winter-stratified 

monomictic lakes and farm/artificial ponds. The characteristics of these communities and 

locations of representative examples of these communities on the Nation’s lands are 

discussed below. 

Oneida Lake is an example of a winter-stratified monomictic lake. Winter-stratified 

monomictic lakes continue to circulate throughout the summer and stratification becomes 

disrupted at some point during an average summer. These lakes typically never become 

thermally stratified in the summer. Instead, they are only stratified in the winter when 

they freeze over and are inversely stratified (coldest water at the surface) during these 

times. 

Group 2 lands adjacent to or associated with Marion Manor and Snug Harbor (for 

example Parcels 145, 204, 214, 215, 216, 232, 308, 318, 324) are found along the 

shoreline of Oneida Lake. Group 3 Parcels 191 and 185 are in proximity to Oneida Lake 

as they are located just south of Lake Road. 
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Farm and artificial ponds have been constructed on agricultural, recreational or residential 

properties. These ponds are often eutrophic (nutrient rich) with biota reflecting species 

naturally or artificially seeded, planted, or stocked in the pond. Farms ponds of varying 

sizes and ecological conditions can be found on some Group 2 and 3 lands and are 

associated with past or present agricultural or pasture use. Group 1 lands associated with 

the Nation’s golf courses also have artificial ponds. Farm ponds and other artificial ponds 

are widely distributed throughout New York State (New York Natural Heritage Program, 

2002). 

Palustrine Ecological Communities 

Palustrine ecological communities found on the Nation’s lands include shallow emergent 

marshes, shrub swamps, red maple hardwood swamps, hemlock hardwood swamps, 

floodplain forests, northern white cedar swamps, and drained mucklands. The 

characteristics of these communities and locations of representative examples of these 

communities on the Nation’s lands are discussed below. 

Shallow emergent marshes occur on mineral soils, deep muck, or deep soils (rather than 

true peat) that are permanently saturated and seasonally flooded. In these wetlands, the 

substrate is typically exposed during the mid to late summer of an average year. Shallow 

emergent marshes typically occur in lake basins and along streams often intergrading with 

deep emergent marshes, shrub swamps, and sedge meadows. 

Shallow emergent marshes exist adjacent to headwater streams on lands belonging to 

Group 1 (Parcels 8, 158, 244, 272), Group 2 (Parcels 37, 205, 264), and Group 3 (Parcels 

200, 220, 255). This community type is usually present as part of larger wetland systems 

that continue beyond the limits of the Nation’s lands. This community is distributed 

throughout New York State (New York Natural Heritage Program, 2002). 

Shrub swamps are dominated by tall shrubs that occur along the shore of lakes or rivers, 

in wet depressions or valleys, or as transition zones between wetland types. The substrate 

is usually mineral soil or muck. This is a very broadly defined community type that 

includes several distinct communities and many intermediates. Shrub swamps are very 

common and quite variable. They may be dominated by a mixture of species, or have a 

single dominant shrub species. 

Shrub swamps exist adjacent to shallow emergent marshes on Parcels 158, 244, 272 

(Group 1), Parcel 205 (Group 2), and Parcels 162, 220 (Group 3). This community type is 

usually present as part of larger wetland systems that continue beyond the limits of the 

Nation’s lands. This community is distributed throughout New York State (New York 

Natural Heritage Program, 2002). 

Red maple hardwood swamps typically occur in poorly drained depressions that are 

usually associated with inorganic mineral soils. This is a broadly defined community with 
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many regional variants. Red maple (Acer rubrum) is either the only dominant tree species, 

or it is co-dominant with one or more species of other hardwoods often including ashes 

and elms. 

An example of this community type in Oneida County is Great Verona Swamp. The 

swamp is approximately 540-acres in size. Numerous Group 3 Parcels (26, 27, 28, 35, 

220, 221, 223, 224, and 225) are located almost entirely within the boundaries of Great 

Verona Swamp. Parcels 289 and 325 (Group 2) also contain red maple hardwood 

swamps. This community type occurs throughout New York State (New York Natural 

Heritage Program, 2002). 

Hemlock hardwood swamps occur in depressions that are fed by groundwater and are 

typically associated with mineral soils and deep muck. These forests feature a dense closed 

canopy dominated by eastern hemlock (Tsuga canadensis) with sparse shrub and 

herbaceous layers. Water levels in these swamps typically fluctuate seasonally as they may 

be flooded in the spring but fairly dry by late summer. 

Examples of this community type can be found on Parcels 159 and 325 (Group 2) and 

Parcel 200 (Group 3) typically in small areas featuring muck soils. This hemlock 

hardwood swamp community type is common throughout upstate New York State (New 

York Natural Heritage Program, 2002). 

Floodplain forests occur on mineral soils located on low flat terraces surrounding rivers. 

These forests feature seasonal flooding regimes corresponding to variation in river volume 

and precipitation. The composition of the vegetation community in these forests depends 

greatly on the frequency and duration of seasonal flooding. 

Examples of this community type on Nation lands were found in areas surrounding creeks 

and streams on Parcels 38, 161, 244, 264 (Group 2), Parcel 162 (Group 3), and at the 

margins of the Verona Swamp on Parcels 220, 221, 222, 223, 224 (Group 3). Floodplain 

forests are widely distributed throughout upstate New York State (New York Natural 

Heritage Program, 2002). 

Northern white cedar swamps occur on organic soils in poorly drained areas or along the 

margins of lakes and streams. These swamps are often fed by springs or groundwater 

seeps and are dominated by northern white cedar (Thuja occidentalis) which typically 

comprises greater than 30 percent of the forest canopy. The understory is typically sparse 

and the herbaceous layer may contain several species of bryophytes. 

Small areas of this community type on Nation lands were found on Parcels 200 and 255 

(Group 3) along portions of the edges of larger wetland systems. Northern white cedar 

swamps are found scattered throughout upstate New York State (New York Natural 

Heritage Program, 2002). 
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Drained mucklands are characterized by muck soils that have been drained and cultivated 

(e.g. for vegetable crops), and subsequently allowed to flood and thereby revert to a 

wetland. The majority of these areas are located on Group 2 and 3 lands located to the 

north of I-90 and west of Route 365. This community is distributed throughout upstate 

New York, north of the Coastal Lowlands ecozone (New York Natural Heritage Program, 

2002). 

Terrestrial Ecological Communities 

Terrestrial ecological communities found on the Nation’s lands include successional old 

fields, successional shrub lands, beech maple mesic forests, hemlock- northern hardwood 

forests, successional hardwoods, and cultural terrestrial systems. The characteristics of 

these communities and locations of representative examples of these communities on the 

Nation’s lands are discussed below. 

Successional old fields are fields, old pastures, or meadows dominated by forbs and grasses 

on lands that have been cleared for farming, but then abandoned for various lengths of 

time. During the period of abandonment, these lands have been reclaimed by nonagricultural species. Shrubs may be present on lands abandoned for longer durations, but 

typically represent less than 50 percent of vegetative cover in the community. 

Successional old fields are the dominant ecological community type on the Nation’s 

undeveloped and vacant lands and typify most non-Nation lands in surrounding areas of 

Madison and Oneida Counties. Successional old fields were observed on Group 1 (Parcels 

158 and 244), Group 2 (Parcels 23, 38, 57, 90, 128, 140, 205, 208), and Group 3 (Parcels 

168, 200, 214, 221, 222, 239, 310) lands. With respect to the distribution of this 

community type among Group 1, 2 and 3 lands, some obvious trends are apparent. 

Group 1 lands associated with the Turning Stone Resort & Casino and associated golf 

courses display the least of this community type given the more highly developed nature of 

these lands. However, several areas of successional old fields are present on Group 1 

lands located to the west of Route 31 and to the north of Route 5. Large tracts 

representative of this community type can also be found on Group 2 lands located to the 

east of Route 46, surrounding Route 31, adjacent to the Erie Canal, and on the Nation’s 

lands in the southern part of Oneida County in the vicinity of the Nation’s 32-acre 

territory. Group 3 lands located to the north of Route 31 and west of Route 365 exhibit 

examples of successional. This community type is also abundant on Group 3 lands 

located in Madison County. This community type is widely distributed throughout New 

York State (New York Natural Heritage Program, 2002). 

Successional shrub lands occur on lands that have been previously cleared for farming, 

logging, or development and typically display coverage of at least 50 percent shrubs. This 

community type is present on all Groupings of the Nation’s lands where old fields have 

reverted partially or completely to shrub cover. Successional shrub lands were observed 

on Parcels 158, 244 (Group 1) and Parcels 200, 310, 315 (Group 3). This community 
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type occurs mostly along edges, hedge rows, or on sloping or elevated terrain. It is not 

uncommon on the Nation’s lands displaying this community type to encounter old fields 

closest to the parcel’s road frontage and shrub lands with increased distance away from 

the road. The pattern of distribution among Group 1, 2, and 3 lands is similar to that 

described for open uplands-successional old field. This community type is also widely 

distributed throughout New York State (New York Natural Heritage Program, 2002). 

Beech maple hardwood forests are dominated by sugar maple (Acer saccharum) and 

American beech (Fagus sylvatica). This is a broadly defined community type with several 

regional variants. These forests occur on moist, well-drained, usually acid soils. There are 

relatively few shrubs and herbs. Beech maple mesic forests can be found on several Nation 

lands at sites that have not recently been cleared for agricultural uses, particularly in the 

Southern New York Appalachian Uplands. These lands are typically found at higher 

elevations and occur on well drained soils resulting in a concentration of this community 

type on the Nation’s lands in southern Madison County. Specifically, beech maple mesic 

forests were observed on Group 2 (Parcels 120) and Group 3 (Parcels 171, 200, and 310) 

lands. These forests often contain patches of hemlock-northern hardwood forest, located 

on the north-facing slopes of ravines and gullies, as observed on Parcel 212 (Group 3). 

Beech maple hardwood forests are widely distributed throughout New York State (New 

York Natural Heritage Program, 2002). 

Hemlock-northern hardwood forests typically occur on the slopes of ravines, midelevation slopes, and on moist, well-drained sites at the margins of swamps. Eastern 

hemlock is typically co-dominant with one to three other deciduous and/or coniferous 

species. The relative cover of hemlock is quite variable, ranging from nearly pure stands in 

some steep ravines to as little as 20 percent of the canopy cover. 

Examples of this community type can be found as part of the wooded buffers on Group 1 

lands associated with the Smith, Jones, and Fazio golf courses (wooded boundaries at 

Parcels 8, 44, 45, 74, 86, 104, 148, 154, 240, 263, 269, 270, 272, 276 and 278). Other 

examples of hemlock-hardwood forest were found at higher elevations and steeper slopes 

on Group 3 lands (Parcels 17, 166, 200, 212, 213, 304). Hemlock-hardwood forests were 

occasionally found in the Oneida Lake plains, Parcels 159 and 325 (Group 2). This 

community is distributed throughout New York State (New York Natural Heritage 

Program, 2002). 

Successional hardwoods occur on sites that have been cleared or otherwise disturbed. 

Successional hardwood forests on Nation lands feature tree species typical of northern 

(quaking aspen) and southern (elms, ashes, and box elder) successional forests. This is a 

broadly defined community and several regional variants are known. 

Examples of this community type occur on Nation lands where larger areas of successional 

shrub land transition to hardwood forests as observed on Group 1 (Parcels 158 and 244), 
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Group 2 (Parcels 127, 205, 289) and Group 3 (Parcels 136, 291,314). Most commonly, 

this community type occurs on abandoned or inactive agricultural parcels, along property 

boundaries, or along more mature hedge rows. This community type occurs on Group 2 

lands on berms adjacent to the Erie Canal (Parcels 121, 205 and 325) and surrounding 

wetlands (Parcels 36, 37, 56, 90 and 91). Successional hardwoods are also found on 

Group 3 lands in Madison County situated on higher elevations and steeper slopes. This 

community is distributed throughout upstate New York, north of the Coastal Lowlands 

ecozone (New York Natural Heritage Program, 2002). 

Terrestrial cultural systems have been created, modified, or maintained by human 

activities to such a degree that the physical conformation of the substrate or the biological 

composition of the resident community is substantially different from the community 

present prior to human influence. Examples of this community type include croplands, 

flower and herb gardens, pasturelands, orchards, mowed lawns, mowed roadsides or 

paths, unpaved and paved roads or paths, rock quarries, and construction or road 

maintenance spoils. 

A number of the terrestrial communities listed above can be found on Nation lands. Due 

to the size and number of active agricultural Parcels on all three Groupings of Nation 

lands, multiple communities can be found throughout. However, active croplands and 

pasturelands are by far the most prevalent. Active agricultural Group 1 lands include 

Parcels 101, 118, 119, 201, and 295 totaling 566 acres. Similar Group 2 include Parcels 

2, 23, 24, 30, 31, 60, 61, 62, 63, 99, 121, 126, 127, 128, 129, 137, 147, 207, 208, 209, 

271, and 295 which total approximately 1,148 acres. Similar Group 3 lands include 

Parcels 7, 22, 52, 130, 131, 132, 133, 134, 135, 136, 151, 152, 153, 155, 166, 167, 168, 

169, 171, 172, 173, 174, 196, 206, 210, 211, 212, 213, 214, 282, 304, 309, 310, 315, 

and 317 which total approximately 4,739 acres. 

3.5.3 Vegetation 

3.5.3.1 Introduction 

This section summarizes the vegetative communities typical of Oneida and Madison 

Counties and on the Nation’s lands. In addition, the federal and New York State 

regulatory programs for conservation of protected plant species are described. Lastly, a 

summary of the location of occurrences of federal and New York State protected species 

within Oneida and Madison Counties is provided, as well as, an assessment of the 

suitability of habitats occurring on Nation lands for these species. 

3.5.3.2 Dominant Vegetative Communities Representative of Oneida and Madison 

Counties 

The diverse topography and soil types of Oneida Lake Watershed result in variations in 

the composition of vegetative communities. The soils found along the shore of Oneida 

Lake and throughout the low-lying Erie/Ontario Lake Plains are interspersed with many 
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wetlands, lakes and ponds, and meandering streams. As a result, non-agricultural areas to 

the south and east of Oneida Lake support vegetative species adapted to saturated soil 

conditions or flooding that include red maple (Acer rubrum), green ash (Fraxinus 

pennsylvanica), black gum (Nyssa sylvatica), and yellow poplar (Liriodendron tulipifera). 

American elm (Ulmus americana), black ash (Fraxinus nigra), and American beech are 

typically found growing in soils with better drainage. On the northern shore of Oneida 

Lake, conifer stands are frequently found along the north shore of the lake along with 

mixed stands of beech, birch (Betula sp.), maple (Acer sp.), and hemlock (Tsuga 

canadensis). 

Large tracks of heavily forested areas of the Southern New York section of the 

Appalachian Highlands were cleared for agricultural use particularly in Cortland, 

Onondaga, and Madison Counties. Many of these agricultural lands have since been 

abandoned due to marginal productivity. However, the Nation’s lands in the Southern 

New York Appalachian Highlands feature a mosaic of agricultural lands and areas that 

have naturally reverted back to shrub stands of hawthorne (Crateaegus sp.), buckthorn 

(Rhamnus cathartica), ash (Fraxinus sp.) and mixed hardwoods. Old agricultural fields 

typically develop shrub-dominated communities within 30-40 years (Flinn et al., 2005). 

These shrub communities also tend to occur in fringe areas between active farmlands and 

forests. Old fields that have been abandoned for more than 80-100 years typically feature 

ecological communities that are comprised of hardwood tree species (Flinn et al., 2005). 

These older successional forests tend to be located on the tops of the ridges that border the 

north-south oriented valleys that transverse the Southern New York Appalachian 

Highlands, as well as, other sites that were not extensively used for agriculture including 

steep slopes and areas near wetlands and streams. 

Agricultural lands are commonplace in Madison County and the southern and western 

portions of Oneida County and predominantly contain cultivated crop species and 

scattered patches of re-growth herbaceous cover. In both counties, shrub lands are present 

as areas of dense thickets comprised of shrubs, saplings, grasses and flowering plants and 

in the fringe areas between the active farmlands and forestlands. 

3.5.3.3 Vegetation Representative of Nation Lands 

The vegetative communities found throughout the Madison and Oneida Counties and the 

Nation’s Group 1, 2, and 3 lands are typical of a predominantly agricultural landscape. 

The Nation’s land also have extensive developed and landscaped areas that include the 

Turning Stone Resort & Casino, golf courses, marinas, cultural, governmental, residential, 

and commercial properties. The Nation controls invasive plant and insect species on 

these developed and landscaped properties through the commercial application of 

approved pesticides and herbicides by licensed applicators in accordance with 40CFR, 

Chapter I, Parts 150-189. Herbicides and insecticides are not used outside of these 

managed areas. 
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This section summarizes the dominant plant species for the ecological communities 

identified in Section 3.5.2.3 Ecological Communities Representative of Nation Lands. 

These ecological communities are less common than agricultural areas on the Nation’s 

lands are typically found on undeveloped or inactive parcels. A complete inventory of the 

plant species observed on Nation lands that are representative of these ecological 

communities during field reconnaissance conducted in October 2005 and May 2006 is 

provided in Appendix C. 

The vegetation of the terrestrial cultural systems on Nation lands is dominated by 

agricultural and pasture species (i.e. corn, squash, beans, red clover, alfalfa and hay 

grasses). 

Successional old fields include pasture lands, recently abandoned agricultural areas, and/or 

areas allowed to lie fallow until land preparation and crop propagation are resumed. 

These areas are typically dominated by herbaceous forbs and grasses with occasional 

woody shrubs. The dominant vegetation species observed in the old fields located on the 

Nation’s lands included orchard grass (Dactylis glomerata), sweet vernal grass 

(Anthoxanthum odoratum), meadow fescue (Festuca elatior), sheep fescue (Festuca ovina), 

slender mannagrass (Glyceria melicaria), goldenrod (Solidago sp.), burdock (Arctium 

minus), plantain (Plantago major), fragrant bedstraw (Galium triflorum), wild madder 

(Galium mollugo), chickory (Cichorium intybus), white clover (Trifolium repens) and red 

clover (Trifolium pretense). 

Successional shrub lands were found to be dominated by hawthorn (Crataegus sp.), 

buckthorn (Rhamnis cathartica), Russian olive (Elaeagnus angustifolia), chokecherry 

(Prunus virginiana), and blackberry (Rubus sp.). The previously described herbaceous 

forbs and grasses representative of the old fields on Nation lands were also commonly 

observed in shrubland communities. 

Beech maple mesic forests located on the Nation’s lands are dominated by sugar maple 

(Acer saccharum) and American beech (Fagus grandifolia) with lesser numbers of other 

tree species including white ash (Fraxinus americana), American elm (Ulmus americana), 

and basswood (Tilia americana). Typical shrubs included American hornbeam (Carpinus 

caroliniana) and saplings of the dominant tree species, while characteristic herbaceous 

plants included white trillium (Trillium grandiflorum), Canada mayflower (Maianthemum 

canadensis), white baneberry (Actaea pachypoda), and sharp-leaved hepatica (Hepatica 

acutiloba). 

The hemlock- northern hardwood forests observed on the Nation’s lands were dominated 

by eastern hemlock (Tsuga canadensis) and various hardwood species including American 

beech (Fagus grandifolia), sugar maple (Acer saccharum), and yellow birch (Betula 

alleghaniensis). The understory in these dense stands was typically sparse, but often 

included some shrubs, such as maple-leaf viburnum (Viburnum acerfolia) and flowering 
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dogwood (Cornus florida), and herbaceous plants including Canada mayflower 

(Maianthemum canadensis), miterwort (Mitella diphylla), Christmas fern (Polystichum 

acrostichoides), and white trillium (Trillium grandiflorum). 

Successional forests on the Nation’s lands were typically observed on Parcels that also 

featured agricultural fields, successional fields, and/or successional shrub lands. These 

successional forests were most often found on the tops of ridges or hills in which the hill 

slopes are actively utilized for agriculture or exhibit early successional fields or shrub 

lands. Dominant tree species in these successional forests included white ash (Fraxinus 

americana), American elm (Ulmus americana), quaking aspen (Populus tremuloides), box 

elder (Acer negundo), black cherry (Prunus serotina), and various species of shrubs typical 

of successional shrub lands. 

Emergent marshes located on the Nation’s lands are generally comprised of a mix of 

species that vary depending upon location but often include reed canary grass (Phalaris 

arundinacea), broad- and narrow- leaf cattail (Typha latifolia and angustifolia), woolgrass 

(Scirpus cyperinus), rice cutgrass (Leersia oryzoidesa), soft rush (Juncus effusus), blue-flag 

iris (Iris versicolor), water smartweed (Polygonum punctatum) and various sedges 

including tussock sedge (Carex stricta), fox sedge (Carex vulpinoidea), and graceful sedge 

(Carex gracilima). 

Shrub swamps tended to be located adjacent to streams, creeks, lakes, or emergent 

marshes and were typically dominated by red osier dogwood (Cornus stolonifera), silky 

dogwood (Cornus amomum), willow (Salix sp.), highbush blueberry (Vaccinium 

corymbosum), and tartarian honeysuckle (Lonicera tartaria). The herbaceous forbs and 

grasses commonly observed in emergent marshes on Nation lands were also typical of its 

shrub swamps. 

Red maple hardwood swamps observed on the Nation’s lands were dominated by red 

maple (Acer rubrum), American elm (Ulmus Americana), green ash (Fraxinus 

pennsylvanica), and silver maple (Acer saccharinum) along with various shrubs including 

willows (Salix sp.), common elderberry (Sambucus canadensis), and nannyberry 

(Viburnum lentago). Common herbaceous plants found in these communities included 

sensitive fern (Onoclea sensibilis), cinnamon fern (Osmunda cinnamomea), royal fern 

(Osmunda regalis), skunk cabbage (Symplocarpus foetidus), boneset (Eupatorium 

perfoliatum), false hellebore (Veratrum virida), and sphagnum moss (Sphagnum sp.). 

Hemlock hardwood swamps were dominated by eastern hemlock (Tsuga canadensis) but 

featured various hardwood tree species including green ash (Fraxinus pennsylvanica), 

American elm (Ulmus americana), and swamp white oak (Quercus bicolor). The 

herbaceous layer of these communities were typically comprised of sensitive fern (Onoclea 

sensibilis), royal fern (Osmunda regalis), marsh marigold (Calthra palustris), and skunk 

cabbage (Symplocarpus foetidus). 
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Floodplain forests located on the Nation’s lands typically included silver maple (Acer 

saccharinum), American elm (Ulmus Americana), and ashes (Fraxinus pennsylvanica, F. 

nigra, and F. americana). The most abundant shrubs in these forests included alders 

(Alnus sp.), gray-stemmed dogwood (Cornus racemosa), and silky dogwood (Cornus 

amomum), while the herbaceous layer featured sensitive fern (Onoclea sensibilis) and 

jewelweed (Impatiens capensis). 

Small areas of Northern white cedar swamp were present along the margins of larger 

emergent wetlands on Nation lands. These areas featured tree stands consisting nearly 

entirely of northern white cedar (Thuja occidentalis) although some white pine (Pinus 

strobus) was present. The shrub layer was sparse and included some flowering dogwood 

(Cornus florida) and alder (Alnus sp.), while the herbaceous layer was comprised of lady 

fern (Athyrium filix-femina) and sensitive fern (Onoclea sensibilis). 

Aquatic macrophytes in canals and farm ponds contain species of pondweed 

(Potamogeton sp.) and milfoil (Myriophyllum sp.) while native species in Oneida Lake 

include stargrass (Heteranthera dubia), coontail (Ceratophyllum demersum), naiad (Najas 

flexilis), tapegrass (Vallisneria americana) and waterweed (Elodea sp.). 

3.5.3.4 Protected Species 

The Endangered Species Act of 1973 (ESA) considers a species to be endangered if it is in 

danger of extinction throughout all or a significant portion of its range {ESA §3(6)}, while 

a species is considered to be threatened if it is likely to become an endangered species 

within the foreseeable future throughout all or a significant portion of its range {ESA 

§3(20)}. Section 7 of the ESA (16 U.S.C. 1531 et seq.) outlines the procedures for federal 

interagency cooperation to conserve federally listed species and designated critical 

habitats. Section 7(a) 1 directs the Secretary of the Interior/Secretary of Commerce to 

review other programs administered by their department and utilize such programs to 

further the purposes of the Act. Section 7(a) 2 of the ESA states that each federal agency 

shall, in consultation with the Secretary of the Interior/Secretary of Commerce, assure that 

any action they authorize, fund, or carry out is not likely to jeopardize the continued 

existence of a listed species or result in the destruction or adverse modification of 

designated critical habitat. 

The conveyance of Nation lands into trust by either the Proposed Action or any of the 

other trust alternatives does not require or propose the physical destruction or 

modification of designated critical habitat to species protected by Section 7 of the ESA. 

The New York State Protected Native Plant Program was created in 1989 pursuant to 

section 9-1503 of the Environmental Conservation Law. The regulation enforcing the law 

is found at 6 NYCRR Part 193.3 entitled Protected Native Plants. The regulation defines 

four categories of protected plants including: endangered, threatened, rare and exploitably 

vulnerable. 
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Endangered plants are in danger of extirpation throughout all or a significant portion of 

their ranges within New York State and require remedial action to prevent such 

extinction. Endangered plants are present at five or fewer extant sites, have fewer than 

1,000 individuals, or are restricted to fewer than four U.S.G.S. 7.5 minute series maps, or 

are species listed as endangered by the U.S. Department of the Interior. 

Threatened plants are likely to become endangered within the foreseeable future 

throughout all or a significant portion of their ranges in New York State. Threatened 

plants are present at six to fewer than 20 extant sites, have 1,000 to fewer than 3,000 

individuals, are restricted to not less than four or more than seven U.S.G.S. 7.5 minute 

series maps, or are species listed as threatened by the U.S. Department of the Interior. 

Rare plants are present at 20 to 35 extant sites or have 3,000 to 5,000 individuals in New 

York State. Exploitably vulnerable plants are likely to become threatened in the near 

future throughout all or a significant portion of their ranges within New York State if 

causal factors continue unchecked. 

According to ECL § 9-1503 and 6 NYCRR Part 193.3(f), “it is a violation for any person, 

anywhere in New York State, to pick, pluck, sever, remove, damage by the application of 

herbicides or defoliants, or carry away, without the consent of the owner, any protected 

plant. Each protected plant so picked, plucked, severed, removed, damaged or carried 

away shall constitute a separate violation (NYSDECa).” 

Oneida and Madison Counties 

There are eleven species of plants in New York State that are federally listed as endangered 

or threatened. Ten of the plant species appear on both the USFWS and USDA lists, the 

eleventh only appears on the USDA list. Three of these species are listed as endangered 

and eight are listed as threatened. Most of these plants are also protected by the New 

York State; the NYSDEC lists six of these species as endangered, two are listed as 

threatened, while three species are unprotected. Of the eleven federally protected plant 

species, only American hart’s-tongue fern (Asplenium scolopendrium var. americanum) is 

listed as occurring in Madison County. This fern is listed as threatened and is known to 

occur specifically in Chittenango Falls State Park. None of these species are known to 

occur in Oneida County. 

According to the NYNHP Rare Plant Status List, the NYSDEC Protected Plant List, and 

official correspondence received from the NYNHP on September 9, 2005, a total of 153 

protected plant species have been identified in either or both Madison and Oneida 

Counties. A brief description of the number of protected plant species found in Madison 

and/or Oneida Counties and their categorization by the NYNHP and NYSDEC is 

presented in Table 3.5-1. 
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Table 3.5-1 

NYNHP and NYSDEC Protected Plant Species for Oneida and Madison Counties 

Category Oneida County 

Species Only 

Madison 

County 

Species Only 

Species Found 

In Both 

Counties 

Total Number of 

Species by 

Category 

Endangered 40 12 21 73 

Threatened 34 7 12 53 

Rare 4 1 2 7 

Unprotected 15 2 3 20 

Exploitably Vulnerable 0 0 1 1 

Source: NYNHP Rare Plant Status List, NYSDEC Protected Plant List, and NYNHP correspondence ( September 9, 

2005) 

Note: The number of protected plant species in this table is 154 and not 153, as presented in Section 3.5.3.4 Protected 

Species, because one of NYSDEC ‘exploitably vulnerable’ plant species is categorized as ‘unprotected’ by the NYNHP 

Rare Plant Status List. 

A complete list of these protected plant species and their occurrence by County, their 

NYSDEC and NYNHP categorizations, and NYNHP designations for certainty of 

occurrence can be found in Appendix C. The NYNHP designations of certainty of 

occurrence categorize protected plants as confirmed, probable, or possible. Confirmed 

plants are known within the county. Probable plants were last documented by a specimen 

more than 20 years ago. A plant species is categorized as possible when there have been 

unconfirmed reports of its existence (i.e. oral report/plant list/literature citation). 

Nation Lands 

Twenty six plant species are identified as rare or New York State-listed and have the 

potential to occur on or in the vicinity of Nation lands according to NYNHP official 

correspondence received on September 9, 2005. Table 3.5-2 contains a list of these species 

and their county and town of occurrence, NYSDEC protection status, and NYNHP 

designations of certainty of occurrence. 

The NYNHP indicates that 22 of these plant species were last reported in 1945 or earlier. 

Plant species that are categorized as confirmed by the NYNHP include three species that 

are known to occur in Chittenango Falls State Park (roseroot [Sedum rosea], American 

hart’s tongue fern, and Schweinitz’s sedge [Carex schweinitzii]), golden-seal (Hydrastis 

canadensis) in the City of Oneida, Hart’s tongue fern (A. scolopendrium var. americanum) 

in the Town of Stockbridge, and Wright’s spikerush (Eleocharis diandra) in the Town of 

Verona. 

Literature-, electronic-, and field-based research was performed to determine the 

likelihood that any of these listed species occur on the Nation’s lands. Reviewed literature 

included available Nation reference materials and previous studies dating to 1996, 

regulatory databases, and other available reference materials. Information from the 

NYNHP electronic GIS database, obtained on June 9, 2006, was also reviewed. This 

database information contained the recent (from the past 25 years) and historical (prior to 

the past 25 years) locations of rare species and significant natural communities for the 
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portions of Oneida and Madison Counties in the vicinity of the Nation’s lands. In 

addition, field reconnaissance of representative Nation lands was completed during 

October 2005 and May 2006. These literature-, electronic- and field-based investigations 

indicate that only one of the plant species listed in Table 3.5-2 has been observed or 

reported to occur on the Nation’s lands that are proposed for conveyance into trust. The 

protected plant species that is known to occur on the Nation’s lands is the New York State 

threatened Schweinitz’s sedge, according to the NYNHP GIS database. Schweinitz’s sedge 

was last reported on June 15, 2004 on Parcel 255 (Group 3). The conveyance of the 

Nation’s lands into trust by either the Proposed Action or any of the other proposed trust 

land alternatives does not require the physical destruction or modification to the habitat of 

Schweinitz’s sedge or any other New York State protected plant species. 
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Table 3.5-2 

NYNHP Rare or State-Listed Planted Species Potentially Present on or in the 

vicinity of Nation Lands 

Common 

Name Latin Name County(s) of Occurrence 

Town(s) of 

Occurrence 

NYSDEC 

Protection 

Status 

NYNHP 

Occurrence 

Category 

Hart’s-tongue 

Fern 

Asplenium 

scolopendrium 

var. americanum 

Madison Stockbridge Threatened Confirmed 

Rugulose 

Grape Fern 

Botrychium 

rugulosum 

Madison Lenox Endangered Probable 

Frank’s Sedge Carex frankii Oneida Vernon & 

Verona 

Endangered Probable 

Loose 

Flowered 

Sedge 

Carex laxiflora 

var. serrulata 

Madison Lincoln Endangered Unknown: Not 

listed in 

NYNHP Rare 

Plant Status 

List 

Sartwell’s 

Sedge 

Carex sartwellii 

var. sartwelli 

Madison Smithfield Threatened Probable 

Schweinitz’s 

Sedge 

Carex 

schweinitzii 

Madison Fenner, 

Lincoln, 

Stockbridge & 

City of Oneida 

Threatened Confirmed 

Bent Sedge Carex styloflexa Madison Lincoln Endangered Probable 

Big Shell Bark 

Hickory 

Carya laciniosa Oneida Verona & 

Vienna 

Threatened Probable 

Blue-eyedMary 

Collinsia verna Oneida & 

Madison 

Verona (O) & 

Lenox (M) 

Endangered Probable (for 

both counties) 

Ram’s head 

Ladyslipper 

Cypripedium 

arietinum 

Oneida & 

Madison 

Verona, 

Vienna (O) & 

Smithfield (M) 

Threatened Probable (O) & 

Possible (M) 

Rough Panic 

Grass 

Dichanthelium 

scabriusculum 

Oneida Verona Endangered Probable 

Wright’s 

Spikerush 

Eleocharis 

diandra 

Oneida Verona Exploitable 

Vulnerable 

Confirmed 

Rough Avens Geum 

virginianum 

Oneida Verona Endangered Probable 

Golden-seal Hydrastis 

canadensis 

Madison City of Oneida Threatened Confirmed 

Creeping 

Juniper 

Juniperus 

horizontalis 

Madison City of Oneida Endangered Probable 

Lake-cress Neobeckia 

aquatica 

Oneida & 

Madison 

Verona, 

Vienna (O) & 

Lenox (M) & 

Oneida Lake 

Threatened Probable (for 

both counties) 

Jacob’s-ladder Polemonium 

vanbruntiae 

Madison Smithfield Rare Extirpated 

Small’s 

Knotweed 

Polygonum 

buxiforme 

Oneida & 

Madison 

Oneida Lake Endangered Probable (for 

both counties) 

Swamp 

Smartweed 

Polygonum 

setaceum 

Madison Lenox & 

Sullivan 

Endangered Probable 

Northern 

Pondweed 

Potamogeton 

alpinus 

Oneida Verona & 

Vienna 

Threatened Probable 

Straight-leaf 

Pondweed 

Potamogeton 

strictifolius 

Oneida & 

Madison 

Oneida Lake Endangered Probable (for 

both counties) 

Pink 

Wintergreen 

Pyrola asarifolia 

ssp. asarifolia 

Madison Fenner Threatened Probable 
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Roseroot Sedum rosea Madison Cazenovia & 

Fenner 

Endangered Confirmed 

Marsh Arrowgrass 

Triglochin 

palustre 

Oneida Verona Threatened Probable 

Nodding 

Pogonia 

Triphora 

trianthophora 

Oneida Verona Endangered Probable 

Spreading 

Globeflower 

Trollius laxus Madison Cazenovia Rare Confirmed 

Cork Elm Ulmus thomasii Madison Cazenovia & 

Fenner 

Threatened Probable 

Source: Personal Communication, NYSDEC (2006) 

Note: NYNHP Occurrence Category is identified only in the NYNHP Rare Plant Status List, June 2005. 

Representative Nation lands were investigated in October 2005 and May 2006 for both 

the presence of these rare or New York State-listed plant species and the specific habitats 

that are likely to support these species. The assessment of the presence of suitable habitat 

for these rare or New York State-listed species is important in determining the likelihood 

of the occurrence of these species on Nation lands considering the extensive land area 

proposed for conveyance into trust, the rarity of the plant species of concern, and the 

length of time since most of these plants were last reported in either Oneida or Madison 

Counties. 

American hart’s tongue fern, listed as threatened by the USFWS and the NYSDEC, is 

typically found on moist limestone rocks and cliffs (Lellinger, 1985). Due to its protected 

status under the federal Endangered Species Act, conveyance of Group 3 Nation lands into 

trust as part of the Proposed Action would require the Nation to consult with USFWS if 

future actions would impact this species or its known habitat. Nation lands located in the 

Town of Stockbridge were surveyed for the presence of this species and for limestone cliff 

habitats. Field investigations of Group 3 (Parcels 136, 171, 211, 212, 213, 310) lands 

indicated that these parcels were dominated by cultivated fields and successional fields, 

shrub lands, and hardwood forests located on the slopes of north-south oriented ridges. 

Some areas of Parcels 136 and 213 featured steep gullies with streams and rock outcrops. 

The bedrock in the Town of Stockbridge is largely calcerous limestone derived from the 

Onondaga limestone and Port Ewen formations (Fig. 3.2-14) and may therefore serve as 

suitable habitat for this fern. However, this distinctive fern was not observed on the 

exposed rock in the gullies found on these Parcels in May 2006. 

Cork elm (Ulmus thomasii), listed as threatened in the Towns of Cazenovia and Fenner, 

and creeping juniper (Juniperus horizontalis), listed as endangered in the City of Oneida, 

both prefer open habitats. Cork elm is found on dry uplands and rocky ridges (Burns and 

Honkala, 1990) and creeping juniper prefers sand dunes, prairies, slopes, rock outcrops, 

and other sandy soils (Adams, 1993). Roseroot, listed as endangered in the Towns of 

Cazenovia and Fenner, is typically found on calcerous cliffs and rocky outcrops. Nation 

lands in the Towns of Cazenovia and Fenner (Parcel 57 of Group 2 and Parcel 255 of 

Group 3, respectively) featured successional old fields and a northern white cedar swamp. 

Group 2 (Parcels 2, 127, 227) and Group 3 lands (Parcels 188 and 281) in the City of 
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Oneida are largely comprised of cultivated fields or successional old fields, shrub lands, 

and hardwood forests. Therefore, suitable habitat for cork elm, creeping juniper, and 

roseroot does not occur on Nation lands, nor were these plant species observed during 

field reconnaissance of these Parcels in May 2006. 

Three of the rare or New York State-listed plant species are typically found in rich woods. 

Nodding pogonia (Triphora trianthophora), listed as endangered in the Town of Verona, 

is found in woods and hollows dominated by American beech (Fagus grandifolia) that are 

filled with deep leaf litter (Ramstetter, 2001). Blue-eyed mary (Collinsia vema), listed as 

endangered in the Towns of Verona and Lenox, is typically observed in rich woods 

especially those in alluvial floodplains (Steyermark, 1963). Goldenseal (Hydrastis 

canadensis), listed as threatened in the City of Oneida, inhabits shady forests often 

dominated by beech and sugar maple (Sharp, 2003). Rich woods habitats such as beech 

maple mesic forests and hemlock northern hardwood forests were commonly observed on 

the Nation’s lands. However, a survey of the representative habitats present in the Town 

of Verona and Lenox on Group 2 (Parcels 30, 37, 264) and Group 3 (Parcels 26, 28, 220, 

221 and 222) lands in May 2006 found that Nation lands in these Towns were comprised 

of emergent marshes, shrub swamps, hardwood swamps, successional old field, and 

successional hardwood forests. As a result, suitable habitat for nodding pogonia and blueeyed mary is not likely to be abundant on the Nation lands proposed for conveyance into 

trust. Rich woods habitats were observed on Nation lands in the City of Oneida on steep 

north-facing slopes terminating at a reservoir located on Parcel 188 (Group 1). These 

habitats may provide suitable habitat for goldenseal (Hydrastis canadensis) but will not be 

directly or indirectly impacted by the proposed conveyance of Nation lands. 

Big shellbark hickory (Carya laciniosa), listed as threatened in the Towns of Verona and 

Vienna, is typically found in bottomland forests associated with elms, ashes, basswood, 

and red maple (Burns and Honkala, 1990). These forests may be common on the Nation’s 

lands located near the many meandering streams, inland lakes, and wetlands (such as the 

Great Verona Swamp). As a result, suitable habitat for big shellbark hickory may 

potentially occur on Group 3 (Parcels 220, 221, 222, 224) lands. Big shellbark hickory 

was not observed during field reconnaissance of these Parcels in May 2006. 

Three of the rare or New York State-listed plant species are typically observed in various 

early successional habitats such as meadows, thickets, and woodland borders. These 

species are the loose-flowered sedge (Carex laxiflora var. serrulata) and bent sedge (Carex 

styloflexa), both listed as endangered in the Town of Lincoln, and rough avens (Geum 

virginianum), listed as endangered in the Town of Verona (Britton and Brown, 1970). 

These habitats were observed on Group 3 lands in Lincoln (Parcel 304) and Group 1 lands 

in Verona (Parcels 158 and 244) and are prevalent on other Nation lands and throughout 

Oneida and Madison Counties. Loose-flowered sedge (Carex laxiflora var. serrulata), 
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bent sedge (Carex styloflexa), and rough avens (Geum virginianum) were not observed on 

Parcels 158 and 244 (Group 1) and Parcel 304 (Group 3) in May 2006. 

Thirteen of these New York State-listed plant species are found exclusively in wetland or 

aquatic habitats including Frank’s sedge (Carex frankii), Sartwell’s sedge (Carex sartwellii 

var. sartwellii), Schweinitz’s sedge, rough panic grass (Dichanthelium scabriusculum), 

Jacob’s-ladder (Polemonium vanbruntiae), lake-cress (Neobeckia aquatica), Small’s 

knotweed (Polygonum buxiforme), swamp smartweed (Polygonum setaceum), northern 

pondweed (Potamogeton alpinus), straight-leaf pondweed (Potamogeton strictifolius), 

pink wintergreen (Pyrola asarifolia ssp. asarifolia), marsh arrow-grass (Triglochin 

palustre), and spreading globeflower (Trollius laxus). Two other species, rugulose grapefern (Botrychium rugulosum) and ram’s head lady slipper (Cypripedium arietinum) may 

be found in wetland and upland habitats. Suitable wetland habitat for spreading 

globeflower (Trollius laxus) was not observed on the Nation lands in the towns in which 

this species may occur. Spreading globeflower (Trollius laxus), listed as rare in the Town 

of Cazenovia, is found in shady fens and seepage swamps dominated by red maple (Acer 

rubrum) and other hardwoods (Niovi Jones, 2000). The only Nation land located within 

the Town of Cazenovia is Parcel 57 (Group 2) and consists of an old field with a small 

stream surrounded by quaking aspen (Populus tremuloides), box elder (Acer negundo), 

and various shrubs. 

According to the NYNHP GIS database, Schweintz’s sedge was reported on Parcel 255 

(Group 3) at the Clockville Creek Headwaters on June 15, 2004. Parcel 255 is 

approximately 12.7 acres in size and overlaps both the Towns of Lincoln and Fenner. As 

indicated by NYNHP there are 5000 plants at this site in good habitat with little threat. 

Despite the preponderance of active agricultural areas and successional old fields and 

shrub lands on the Nation’s lands also contain a variety of wetland habitats including 

emergent wetlands, shrub swamps, and forested swamps. Field reconnaissance of wetland 

habitats on Nation lands in October 2005 and May 2006 did not observe any of the rare 

or New York State-listed wetland plants listed above. However, these wetlands may 

indeed provide suitable habitat for these plant species. The wetlands present on the 

Nation’s lands are typically part of larger wetland systems that extend beyond the 

boundaries of the Nation’s lands. As a result, suitable wetland habitats for these rare or 

New York State-listed plant species are also likely to occur on other neighboring and/or 

similar sites within Oneida and Madison Counties. 

As has been previously discussed in Section 3.3.4 Regulated Wetlands and Waters of the 

U.S., the Nation has a commitment to and history of protecting and enhancing wetland 

resources on its lands, as well as, in surrounding areas (e.g. through its involvement with 

the Great Swamp Conservancy). Continued adherence to these federal wetland protection 

policies and implementation of Nation wetland management practices would serve to 
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protect wetland habitat for the New York State-listed plant species that may potentially be 

found in wetlands on Nation lands. 

The literature-, electronic- and field-based investigations found that only Schweinitz’s 

sedge has been reported or observed on Nation Parcel 255 (Group 3). None of the other 

species listed in Table 3.5-2 have been observed or were reported to occur on the Nation 

lands proposed for conveyance into trust. Habitat for cork elm, creeping juniper, 

roseroot, nodding pogonia, and blue-eyed mary was not observed on the Nation lands 

located in the Towns in which these species may potentially occur. Suitable habitat for 

New York State-listed wetland plants may occur on Nation lands; however, the Nation’s 

wetland protection policies would continue to ensure the health of the habitat of these 

plant species. Suitable habitat for American hart’s tongue fern, golden-seal, big shellbark 

hickory, loose flowered sedge, bent sedge, and rough avens may also potentially occur on 

Nation lands. These species were not observed during field reconnaissance of 

representative Nation lands during October 2005 and May 2006. Furthermore, none of 

the Nation lands proposed for conveyance into trust require the physical destruction or 

modification to the habitat of known protected plant species in order to undertake the 

Proposed Action or any of the other proposed alternatives. 

3.5.4 Wildlife 

3.5.4.1 Introduction 

The Nation’s lands comprising Groups 1, 2, and 3 and the surrounding watershed provide 

diverse habitat and food for local wildlife. Farm fields and pastures are often the first areas 

free of snow and are capable of providing feeding opportunities to wildlife. Shrub lands 

fringe the areas between these open fields and woodlands, and provide cover for foraging 

and shelter, while lakes, ponds, rivers and streams provide habitat for aquatic and semiaquatic species. 

3.5.4.2 Common Species 

Terrestrial Fauna 

Mammals

The agricultural areas, pastures, grassy fields, and meadows that are common in the 

Oneida Lake Watershed provide habitat for a variety of mammalian species, including 

small rodents (e.g. shrews, voles and mice) and predators (e.g. weasels, fox, and coyote). 

Table 3.5-3 provides a list of mammal species that are common in the watershed (Central 

New York Regional Planning and Development Board, 2003). 
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Table 3.5-3 

Mammals Occurring in the Oneida Lake Watershed 

Common Name Scientific Name 

Virginia Opossum Didelphis virginiana 

Masked Shrew Sorex cinereus 

Smokey Shrew Sorex fumeus 

Longtail Shrew Sorex dispar 

Northern Water Shrew Sorex palustris 

Pygmy Shrew Sorex hoyi 

Least Shrew Cryptotis parva 

Shorttail Shrew Blarina brevicauda 

Starnose Mole Condylura cristata 

Hairytail Mole Parascalops breweri 

Little Brown Myotis Myotis lucifugus 

Keen’s Myotis Myotis keenii 

Indiana Bat Myotis sodalis 

Small-footed Bat Myotis leibii 

Silver-haired Bat Lasionycteris noctivagans 

Eastern Pipistrelle Pipistrellus subflavus 

Big Brown Bat Eptesicus fuscus 

Red Bat Lasiurus borealis 

Hoary Bat Lasiurus cinereus 

Black Bear Urus americanus 

Racoon Procyon lotor 

Fisher Martes pennanti 

Shorttail Weasel Mustela erminea 

Long-tailed Weasel Mustela frenata 

Mink Mustela vison 

River Otter Lutra canadensis 

Southern Bog Lemming Synaptomys cooperi 

Boreal red-backed Vole Clethrionomys gapperi 

Red Fox Vulpes vulpes 

Grey Fox Urocyon cinereoargenteus 

Bobcat Felis rufus 

Woodchuck Marmota monax 

Eastern Chipmunk Tamias striatus 

Grey Squirrel Sciurus carolinensis 

Red Squirrel Tamiasciurus hudsonicus 

Southern Flying Squirrel Glaucomys volans 

Northern Flying Squirrel Glaucomys sabrinus

Meadow Jumping Mouse Zapus hudsonius 

Woodland Jumping Mouse Napaeozapus insignis 

White-footed Mouse Peromyscus leucopus 

Striped Skunk Mephitis mephitis 

Coyote Canis latrans 

Meadow Vole Microtus pennsylvanicus 

Yellownose Vole Microtus chrotorrhinus 

Pine Vole Microtus pinetorum 

Muskrat Ondatra zibethicus 

Beaver Castor canadensis 

Deer Mouse Peromyscus maniculatus 

Porcupine Erethizon dorsatum 

Snowshoe Hare Lepus americanus 

Eastern Cottontail Sylvilagus floridanus 

White-tailed Deer Odocoileus viginianus 
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Source: Central New York Regional Planning and Development Board, 2003. 

The observed mammals are mix of species that are widely distributed throughout the 

continental U. S. (e.g., opossum, red fox, mink), or in the Oneida Lake Watershed. Many 

of these species are close to the either the northern (e.g., least shrew) or southern (e.g., 

snowshoe hare) limits of their range (University of Michigan, 2006). 

Birds

The bird species that utilize the agricultural fields, pastures, shrub lands, forests, and 

wetlands found in the watershed varies seasonally. Some species are likely to use the 

watershed as breeding habitat in the spring and summer months while other bird species 

from more northern geographic areas, such as grosbeaks and crossbills, may be found in 

the watershed only during winter months. Lastly, many bird species may be found in the 

fields, forests, and wetlands of the watershed throughout the entire year. 

The Breeding Bird Atlas is a compilation of the results of a comprehensive survey 

sponsored by the NYSDEC and the New York State Ornithological Association and 

conducted by more than 1,100 registered volunteers. The survey’s purpose is to record the 

current distribution of breeding birds in New York State (NYSDEC Breeding Bird Atlas, 

2005). 

A list of breeding birds observed on and in the vicinity of the Nation’s lands during the 

2000-2005 survey was generated by using Geographic Information System data to select 

those blocks that contained Group 1, 2, and 3 lands. A list of breeding bird species 

observed in these blocks is included in Appendix C. 

Reptiles and Amphibians

The fields, wet meadows, woodlands, wetlands, lakes, and streams found throughout the 

watershed provide a variety of habitats for reptiles and amphibians. Amphibians typically 

spend at least part of their life cycle in aquatic (or in a few cases, damp) environments. 

Reptiles are less dependent upon water than amphibians, but some species spend much of 

their lives in or near water, and many others utilize aquatic environments as foraging or 

breeding habitat. Tables 3.5-4 and 3.5-5 list representative reptiles and amphibians that 

occur in the Oneida Lake Watershed. 
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Table 3.5-4 

Reptiles Occurring in the Oneida Lake Watershed 

Common Name Scientific Name 

Eastern Painted Turtle Chrysemys picta picta 

Stinkpot Sternotherus odoratus 

Spotted Turtle* Clemmys guttata

Wood Turtle* Clemmys insculpta 

Snapping Turtle Chelydra serpentina 

Northern Water Snake Nerodia sipedon 

Eastern Milk Snake Lampropeltis triangulum triangulum

Northern Brown Snake Storeria dekayi

Northern Red-bellied Snake Storeria occipitomaculata 

Eastern Garter Snake Thamnophis sirtalis sirtalus 

Eastern Ribbon Snake Thamnophis sauritus 

Northern Ringneck Snake Diadophis punctatus edwardsi 

Smooth Green Snake Opheodrys vernalis 

Source: Central New York Regional Planning and Development Board, 2003 

* NYSDEC status as species of special concern. 

Table 3.5-5 

Amphibians Occurring in the Oneida Lake Watershed 

Common Name Scientific Name 

Mudpuppy Necturus maculosus 

Jefferson Salamander* Ambystoma jeffersonianum

Blue-spotted Salamander* Ambystoma laterale

Spotted Salamander Ambystoma maculatum 

Red-spotted Newt Notophthalmus viridescens 

Northern Dusky Salamander Desmognathus fuscus 

Mountain Dusky Salamander Desmognathus ochrophaeus 

Redback Salamander Plethodon cinereus 

Northern Spring Salamander Gyrinophilus porphyriticus 

Mink Frog Rana septentrionalis 

Four-toed Salamander Hemidactylium scutatum 

Northern Two-lined Salamander Eurycea bislineata 

American Toad Bufo americanus 

Northern Spring Peeper Hyla crucifer crucifer 

Northern Leopard Frog Rana pipiens 

Pickerel Frog Rana palustris 

Bullfrog Rana catesbeiana 

Green Frog Rana clamitans 

Wood Frog Rana sylvatica 

Gray Treefrog Hyla versicolor 

Source: Central New York Regional Planning and Development Board, 2003 

* NYSDEC status as species of special concern. 

Several of the reptile and amphibian species listed above are widely distributed throughout 

the eastern United States (e.g., musk turtle, red spotted newt, grey tree frog) while others 

are, in the Oneida Lake Watershed, close to the southern (e.g. mink frog, blue spotted 

salamander) or northern (e.g. four-toed salamander, mountain dusky salamander) limit of 

their range (University of Michigan, 2006). 
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Aquatic Fauna 

The Oneida Lake Watershed contains a variety of aquatic habitats, including lakes, 

reservoirs, streams, farm ponds, and a section of the Erie Canal. Fish common to the 

watershed are listed in Table 3.5-6 below. 

Table 3.5-6 

Fish Occurring in the Oneida Lake Watershed

Common Name Scientific Name 

Largemouth Bass Micropterus salmoides

Walleye Stizostedion vitreum

Yellow Perch Perca flavescens

Smallmouth Bass Micropterus dolomieu

Northern Pike Esox lucius

White Perch Morone americana

Crappie Pomoxis spp 

Pumpkinseed Lepomis gibbosus

Brown Bullhead Ameiurus nebulosus

Bluegill Lepomis macrochirus

White Sucker Catostomus commersonii 

Brown Trout* Salmo trutta 

Sunfish Lepomis spp. 

Fathead Minnow Pimephales promelas 

Northern Redbelly Dace Phoxinus eos 

Golden Shiner Notemigonus crysoleucas 

Central Mudminnow Umbra limi 

Brook Stickleback Culaea inconstans 

Brook Silverside Labidesthes sicculus 

Source: NYDEC 2006m, 2006n 

Note: *Stocked by NYSDEC 

Many of the above fish species are widely distributed throughout New York State. 

Northern pike, northern red-bellied dace, central mud minnow, brook stickleback, and 

brook silverside are common in northern and western New York State, while white perch 

are typically found in the Hudson River drainage, the Great Lake region, and the Erie 

Canal (NYSDEC, 2002). 

Aquatic Invertebrates

The NYSDEC Division of Water’s Rotating Intensive Basin Studies Program conducts 

periodic aquatic macroinvertebrate sampling in several streams in the watershed. 

Common macroinvertebrates typically observed in samples collected in the watershed were 

riffle beetles (Coleoptera), the aquatic larvae of midges (Chironomidae), caddisflies 

(Trichoptera), mayflies (Ephemeroptera) and black flies (Simuliidae), and oligochaete 

worms (Oligochaeta) (NYSDEC, 1999). The non-native, invasive zebra mussel (Dreissena 

polymorpha) is abundant in several water bodies in the watershed, including Oneida Lake 

(Central New York Regional Planning and Development Board, 2003). 
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Chronic Wasting Disease 

Chronic Wasting Disease (CWD) is a rare, fatal neurological disease affecting deer and elk 

first discovered in wild deer in Wisconsin in 2002. CWD causes abnormal behavior and 

progressive emaciation, ending in the death of infected animals. Although the exact 

manner of transmission is not yet fully understood, evidence exists that CWD can be 

transmitted between deer through direct contact via saliva, urine, and feces or through 

indirect contact by exposure to contaminated environmental materials. At this time, there 

is no evidence that CWD can be transmitted from infected animals to domestic cattle or 

humans. A CWD management plan is currently being developed by the U.S. Department 

of Agriculture’s Animal and Plant Health Inspection Services to support surveillance and 

management of wild and captive deer populations at the national level. 

CWD was discovered in five white-tailed deer in two captive herds in Oneida County in 

March 2005 (NYSDEC, 2006a). The NYSDEC has implemented an intensive monitoring 

program for CWD in local wild deer populations, collecting samples from wild deer in 

various locations in the county, including Nation lands. In April 2005, the disease was 

found in two wild deer in the Town of Verona in Oneida County. The two infected deer 

were not collected on the Nation’s lands, but were collected near Parcels 220, 228 (Group 

3) and 264 (Group 2). 

In the intervening period, NYSDEC has established a CWD containment area in parts of 

Oneida and Madison Counties to help minimize the spread of the disease. Figure 3.5-1 

shows the location of the containment area relative to the Nation’s lands, as well as, the 

location of samples collected in the area. A few of these samples have been collected on or 

immediately adjacent to some of the Nation’s lands proposed for conveyance into trust. 

The containment area includes all Group 1, 2, and 3 lands with the exception of several 

Group 3 (Parcels 57, 120, 162 and 163) and Group 2 (Parcels 161, 200, 255, and part of 

160) lands. 

Special rules are in effect in the containment area. These rules help to regulate the 

possession, transport and disposal of harvested deer and specific deer parts. All wild deer 

taken within the containment area must be submitted to a NYSDEC check station for 

examination (NYSDEC, 2006b). 

To date, NYSDEC has collected over 3,700 samples from wild white-tailed deer as part of 

its monitoring program. Only the two Town of Verona deer discussed above have been 

found to be infected, as shown in Figure 3.5-1. NYSDEC continues to work with the NYS 

Department of Health and the NYS Department of Agriculture and Markets to develop a 

comprehensive plan for New York State to respond to the threat posed by CWD 

(NYSDEC, 2006c). In October 2005, at New York State’s request, Arthur F. Pierce, the 

Nation’s Commissioner of Public Safety, met with Dr. Ward Stone, NYSDEC’s point 

person on CWD. The Nation has agreed to work with New York State to control CWD, 

giving New York State permission to implement its Chronic Wasting Disease Response 
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Plan on the Nation’s lands. Although NYSDEC has not yet approached the Nation in 

2006 on this issue, the Nation has stated its willingness to continue cooperation with New 

York State in the monitoring and reporting of CWD on their lands. Conveyance of the 

Nation’s lands into trust would not alter this spirit of cooperation. 

Nation Lands 

Each Grouping of the Nation’s lands contains agricultural or undeveloped land that is 

utilized as habitat by various wildlife species. Given the relative amount of undeveloped 

or agricultural land in Groups 2 and 3, these Groupings represent the most extensive 

wildlife habitat followed by Group 1. 

3.5.4.3 Protected Species 

The United States Fish and Wildlife Service (USFWS) and NYSDEC Natural Heritage 

Program were contacted for information regarding the possible presence of federal and 

New York State protected species on the Nation’s lands. The details of this information 

are discussed below and summarized in Table 3.5-7. 

Table 3.5-7 

Protected Species Potentially Occurring on or in the Vicinity of Nation Lands 

County Town Common 

Name Scientific Name Federal 

Status 

New York 

State Status 

Onondaga Note 1 Indiana Bat Myotis sodalis E Note 2

Madison Chittenango 

State Park 

Chittenango 

Ovate Amber 

Snail 

Novisuccinea 

chittenangoensis

Note 3 E 

Oneida Verona Short-eared 

Owl 

Asio flammeus ---- E 

Madison/Oneida Cazenovia, Sullivan, 

Fenner/Verona 

Upland 

Sandpiper 

Bartramia 

longicauda 

---- T 

Madison Cazenovia Pied-billed 

Grebe 

Podilymbus 

podiceps 

---- T 

Madison/Oneida Smithfield, 

Sullivan/Verona 

Northern 

Harrier 

Circus cyaneus ---- T 

Madison/Oneida Oneida Lake Lake 

Sturgeon 

Acipenser 

fulvescens 

---- T 

Oneida Verona Eastern 

Spiny 

Softshell 

Apalone spinifera 

spinifera 

---- SC 

Source: Personal Communication, USFWS (2005) and NYSDEC (2005) 

Notes E: Endangered; T: Threatened; SC: Special Concern; Note 1: Location not reported by USFWS; Note 2: 

New York State listed as Endangered, but not reported as occurring in project area by NYSDEC; Note 3: 

federally listed as Threatened, but not reported as occurring in project area by USFWS; ----: Not listed. 

Regulatory Framework 

Federal Regulations

The Endangered Species Act of 1973 (40 CFR 1508.27(b)(9)) provides the regulatory 

authority for the United States government to preserve and protect species deemed 

endangered or threatened, and provides for the conservation of such species. Section 16 
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USCA 1532 (15) requires consultation with the United State Fish and Wildlife Service in 

order to protect endangered and threatened species. Additionally, 40 CFR 1508.27(b)(10) 

requires consideration as to whether a proposed action could violate federal, New York 

State, or local laws intended to protect the environment. 

Indian tribes are obligated to comply with provisions of the Endangered Species Act with 

respect to lands held in trust status for them by the United States. The Nation would be 

required to comply with the Endangered Species Act and consult with the USFWS if future 

actions potentially affect federally protected species or their habitat. 

The Endangered Species Act defines an endangered species as an animal or plant species in 

danger of extinction throughout all or a significant portion of its range. Similarly, 

threatened species are defined as an animal or plant species likely to become an 

endangered species within the foreseeable future throughout all or a significant portion of 

its range. The Endangered Species Act defines species of special concern as species that 

might be in need of conservation action. Species of special concern receive no legal 

protection. 

New York State Regulations

Section 6 NYCRR Part 182 of the New York State Code of Rules and Regulations also 

defines and identifies endangered and threatened species and species of special concern. 

Under New York State law, endangered and threatened species cannot be taken, imported, 

transported, possessed or sold. Species of special concern are not afforded protection 

under New York State law. 

New York State defines endangered species as native species in imminent danger of 

extirpation or extinction in New York or species listed as endangered by the United States 

Department of the Interior. Threatened species are native species likely to become an 

endangered species within the foreseeable future in New York or species listed as 

threatened by the United States Department of the Interior. Species of special concern are 

species of fish and wildlife found by the department to be at risk of becoming either 

endangered or threatened in New York. Species of special concern do not qualify as either 

endangered or threatened at this time and receive no legal protection. 

Oneida Lake Watershed 

Federally Listed Species

The USFWS was consulted by letter dated August 17, 2005 (Appendix J) about the 

possible presence of federally protected species on or in the vicinity of the Nation’s lands 

proposed for conveyance into trust. The USFWS response, dated October 24, 2005 and 

included in Appendices J, indicated that there was potential for a federally listed 

endangered species, the Indiana bat (Mytolis sodalis), to occur on or near the Nation’s 

lands as a known hibernaculum (site used for hibernation during winter) is located nearby 

in Onondaga County, New York. 
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No other federally-listed or proposed endangered or threatened species are known to 

potentially occur on the Nation’s lands. Additionally, there is no habitat currently 

designated or proposed as critical habitat for endangered or threatened species on the 

Nation’s lands. 

Indiana Bat 

Indiana bats winter in underground locations (e.g. caves, mines) called hibernacula, where 

they hibernate in dense clusters of more than 3,000 bats per square meter. Indiana bats 

usually enter the hibernaculum in late August-September. Prior to entering for the winter, 

bats swarm outside the hibernaculum and mate. Females emerge then from the 

hibernaculum in late March–early May, while males typically do not leave until mid to 

late April. Females give birth to a single offspring, typically in late June. The young are 

able to fly about a month after birth (Luensmann, 2005). 

Many males summer in areas near the hibernaculum. Females, and some males, typically 

migrate further distances to summer habitat, in extreme cases, up to hundreds of miles 

away from the hibernaculum. Males roost during daylight hours alone or in small groups 

while females form nursery colonies under the loose bark of dead trees. These female 

colonies typically can contain 50-100 individuals (NYSDEC 2006d). 

Habitat requirements of the Indiana bat are not completely understood. Indiana bats 

prefer to day roost in trees with exfoliating (shedding) bark. Several tree species are 

utilized as day roosts, though shagbark hickory, silver maple, or white oak trees are 

frequently chosen. Day roosts are often found near forest edges or canopy gaps. Alternate 

roosts are usually found in a shaded part of the interior forest and occasionally at the 

forest edge. Indiana bats also roost for short periods of time (i.e. 10 minutes or less) 

during the night to rest between feeding bouts. 

Studies in Illinois and Michigan indicate that open fields and agricultural land comprise a 

significant portion of Indiana bat feeding habitat (Luensmann, 2005). Approximately 77 

percent of the Nation’s lands (and much of the greater surrounding area throughout 

Oneida and Madison Counties) are composed of these agricultural and old field habitats, 

underscoring the potential that some of the lands proposed for conveyance into trust could 

be used for feeding by Indiana bat. Mature stands of deciduous trees with exfoliating 

bark, if present, near such feeding areas could be utilized as habitat for day roosting. The 

presence or absence of Indiana bat or the location of specific day roosting sites on the 

Nation’s lands or in the greater Oneida and Madison County vicinity has not been 

confirmed by the USFWS, the New York State, or the Nation. New York State reports the 

potential for this species to occur on Nation lands as unlikely. Regardless, implementation 

of the Proposed Action or any of the other trust alternatives would not require and do not 

propose, the physical alteration or modification to potential Indiana bat feeding or 

roosting habitat, if present, on or in the vicinity of the Nation’s lands. 
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New York State Listed Species 

The NYSDEC was consulted by letter dated August 17, 2005 (Appendix J) about the 

possible presence of New York State-protected species on or in the vicinity of the Nation 

lands proposed for conveyance into trust. The NYSDEC response, in a letter dated 

September 9, 2005 and in phone conversations on September 16 and 19, 2005, indicated 

that there was potential for the following New York State listed species to occur on or in 

the vicinity of the Nation’s lands. Endangered species that may potentially occur on or in 

the vicinity of the Nation lands include the Chittenango ovate amber snail (Novisuccinea 

chittenangoensis) and short-eared owl (Asio flammeus). The Chittenango ovate amber 

snail occurs only in Chittenango Falls State Park in Madison County. Short-eared owl 

may potentially occur in the Town of Verona in Oneida County. Although New York 

State lists the Indiana bat as an endangered species, NYSDEC does not report the bat as 

‘likely to occur’ in the vicinity of or on the Nation’s lands. Threatened species that may 

potentially occur on or in the vicinity of the Nation’s lands include the upland sandpiper 

(Bartramia longicauda), pied-billed grebe (Podilymbus podiceps), Northern harrier (Circus 

cyaneus). Species of special concern that may occur on or in the vicinity of the Nation’s 

lands include Eastern spiny softshell (Apalone spinifera spinifera – formerly Trionyx 

spiniferus;), spotted turtle (Clemmys guttata), wood turtle (Clemmys insculpta), Jefferson 

salamander (Ambystoma jeffersonianum) and blue spotted salamander (Ambystoma 

laterale). 

Upland sandpiper occurs in the Towns of Cazenovia, Sullivan, and Fenner in Madison 

County and the town of Verona in Oneida County. Pied-billed grebe occurs in the Town 

of Cazenovia in Madison County. Northern harrier occurs in the Towns of Smithfield and 

Sullivan in Madison County and the Town of Verona in Oneida County. Eastern spiny 

softshell is reported as occurring in the Town of Verona in Oneida County. Spotted turtle, 

wood turtle, Jefferson salamander, and blue spotted salamander (Ambystoma laterale) are 

known to occur in the watershed but have not in the town in which the Nation’s lands are 

located. 

The approximate locations where New York State listed species have been reported in the 

vicinity of the Nation’s lands are shown in Figure 3.5-2. 

Additionally, the NYNHP provided data on June 9, 2006 in the form of GIS files that 

augmented the previously referenced information contained in their correspondence of 

September 9th, 2005 and in phone conversations that took place on September 15 and 16, 

2005. The GIS information indicated that the short-eared owl’s known area of occurrence 

includes or is near Group 3 lands (Parcels 206 and 52). The northern harrier’s known 

area of occurrence includes or is near Group 3 lands (Parcels 163 and 314). The upland 

sandpiper’s known area of occurrence includes or is near Group 3 (Parcel 239) and Group 

2 (Parcels 230 and 147). 
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In addition to the species listed above, the NYSDEC also reports endangered, threatened 

or rare species in Madison County (14 species) and Oneida County (10 species) that have 

not been observed in these areas since 1945 or earlier. NYSDEC also lists four 

endangered or threatened species in Oneida Lake; three of these species have not been 

observed in the lake since 1945 or earlier; the fourth species, the lake sturgeon (Acipenser 

fulvescens), is briefly discussed below. All of these additional species and their New York 

State status are contained in Appendix J. 

Chittenango Ovate Amber Snail

This terrestrial snail, listed as endangered by NYSDEC, is known to occur only in a 

section of the Chittenango Falls State Park in Madison County, New York. Chittenango 

ovate amber snails feed on algae and other flora. This species mates in the period April–

June. Eggs, typically ranging in number from four to fifteen, are laid about a month after 

mating and usually hatch within 2-3 weeks. The snail is found on the vegetated slopes 

adjacent to the waterfall in Chittenango Falls State Park, often among patches of mosses, 

liverworts, and touch-me-nots (NYSDEC, 2006e). 

Short-eared Owl

This medium sized owl is listed as endangered by NYSDEC. Short-eared owls are most 

frequently observed at dawn, dusk and late afternoon. Short-eared owls feed on small 

mammals and birds; young owls sometimes prey on insects. Breeding season begins in 

March. Four to nine eggs are typically laid after an incubation period of about one 

month. Fledging typically occurs in about thirty days. Nests, which are placed on the 

ground, have been observed in New York State in large marshes, and in active hayfields or 

pastures. Abandoned agricultural sites become unsuitable as nesting areas as they 

naturally develop into woodland. 

Northern populations of this species are migratory, and the number of short-eared owls in 

New York State increases significantly in fall and winter. New York State represents the 

southern limit of the short-eared owl’s breeding range. Short-eared owls favor habitat 

where small mammals are numerous, and the species can be found in marshes and 

grasslands. During winter, in areas with abundant prey, short-eared owls can form 

communal roosts in sheltered areas such as stump piles, abandoned quarries or conifer 

stands (NYSDEC 2006f). 

Upland Sandpiper

This bird species, which winters in South America and migrates north in early February, is 

currently listed as threatened by NYSDEC. The upland sandpiper feeds chiefly on 

terrestrial invertebrates (e.g. insects, spiders, earthworms, snails, etc), a diet occasionally 

augmented by seeds and other plant material. 

Upland sandpipers utilize open grasslands, meadows, prairies, farm fields and wetland 

clearings as breeding habitat; breeding usually commences in late April–early May. 
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Abandoned farm fields become less desirable as habit as they become forested over time. 

A typical clutch contains four eggs, which are incubated by both parents. Eggs hatch in 21 

days. The hatchlings are then protected by their parents until they are fully grown, 

approximately a month after hatching (Connecticut Department of Environmental 

Protection, 2000a). 

Pied-billed Grebe

The pied-billed grebe, which breeds in the project vicinity and winters in southern parts of 

its range (i.e. areas with open water), is currently listed as threatened by NYSDEC. This 

species can typically be found in ponds and marshes with emergent or aquatic vegetation 

where it feeds on small fish and invertebrates (e.g. crayfish). 

Pied-billed grebes mature sexually at 1-2 years of age and breed once a year. Breeding 

season typically commences in April and may last until October. Floating bowl-like nests 

are constructed from aquatic vegetation and anchored to emergent vegetation in shallow 

water areas. 

Clutch size averages six eggs. Both parents incubate the eggs which hatch in 23-27 days. 

Offspring can swim and dive immediately after hatching and are fully independent 25–62 

days after hatching (Smith, 2003). 

Northern Harrier

This species, formerly known as the marsh hawk, is currently listed as threatened by 

NYSDEC. The northern harrier is a year-round resident of portions of central New York 

State including the project vicinity. Communal flocks roost on the ground in farm fields, 

abandoned fields, and marshes. Rodents and small birds are the preferred prey of 

Northern harriers. 

Northern harriers build their nests on the ground often near shrubs in grasslands, farm 

fields, meadows, and marshes. Eggs are laid March–July and clutch size averages five eggs 

(Connecticut Department of Environmental Protection, 2000b). Eggs are incubated by the 

female typically hatch in 31–32 days. Offspring fledge in 30–41 days, but remain 

dependent upon their parents for an additional 3–4 weeks (NYSDEC, 2006g). 

Eastern Spiny Softshell

This highly aquatic turtle is found from western New York and southern Ontario west 

through Wisconsin, south to Alabama, and east to Pennsylvania. Although common in the 

western Great Lakes region, they are less common in the eastern portion of the region. 

Softshell turtles rarely wander far from water and inhabit a variety of permanent water 

bodies, including lakes, reservoirs ponds, and streams (CRACM, 2006). Softshell turtles 

feed on a variety of aquatic prey, including fish, mollusks, and other aquatic invertebrates 

(Wisconsin Department of Natural Resources, 2005). 
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Lake Sturgeon

The lake sturgeon (Acipenser fulvescens) is currently listed by New York State as a 

“threatened” species. The lake sturgeon is one of New York State’s largest fish and some 

specimens can exceed seven feet in length (NYSDEC, 2006h). The species was once 

abundant in the border waters on the west, north, and northeast of New York State, 

including Oneida Lake. However, populations have declined significantly primarily due to 

over-fishing during the period 1879–1900 (USFWS 2006 a and b). Another factor thought 

to be instrumental in the species decline is the loss and degradation of spawning and 

nursery areas due to the creation of dams, channelization, and pollution of rivers utilized 

by sturgeon (NYSDEC, 2006h). 

NYSDEC has initiated a program of artificial propagation for the species to reestablish 

populations in selected areas, including Oneida Lake, where large scale restoration efforts 

began in 1995. The NYSDEC Oneida Fish Hatchery produces approximately 5,000 lake 

sturgeon fingerlings each year (NYSDEC, 2006i). A 1999 evaluation of the Oneida Lake 

effort showed that hundreds of juveniles, up to 30-inches in length and 1–5 years in age, 

were present in the lake. Observed growth rates and individual body weights indicate that 

the lake sturgeon population is thriving (Jackson, 2002). In 2004, the most recent year 

with available data, 1,200 seven-inch lake sturgeons were released into Oneida Lake as 

part of the restoration effort (NYSDEC, 2006j). The program would be judged a success if 

the introduced fish reach maturity and again spawn in their historic habitat (NYSDEC, 

2006i). 

Nation Lands 

Both New York State and federally protected wildlife species have the potential to occur 

within Oneida and Madison Counties as well as on Nation lands where suitable habitat 

exists. Each Grouping of the Nation’s lands contains, to various degrees, agricultural or 

undeveloped land that could be utilized as habitat by protected species. Group 2 and 3 

lands, in terms of available habitat, their undeveloped nature and acreage, represent the 

greatest potential to provide habitat for some of these protected species, followed by 

Group 1 lands, which represent less potential. The presence or absence of New York State 

and federal species or their habitats on Nation lands proposed for conveyance into trust 

has not been confirmed by New York State, federal, or county agencies or by the Nation. 

Regardless, implementation of the Proposed Action or any of the other trust alternatives 

would not require or propose the physical alteration or modification to protected species 

habitat, if present, on or in the vicinity of Nation lands. The Nation would be obligated 

to comply with the federal Endangered Species Act and consult with the USFWS with 

respect to lands held in trust status, if future actions potentially affect federally protected 

species or their habitat. 
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3.5.5 Agriculture 

Agriculture is the science, art, and business of cultivating soil, producing crops, and raising 

livestock on a tract of land known as a farm. Agriculture is an important part of the 

economy of both Madison and Oneida Counties with the many farms contributing to the 

landscape and historic character of this area. Agriculture is also culturally important to 

the Nation consisting of the cultivation of traditional crops such as white corn, beans, and 

squash (the Three Sisters). This section discusses farmland classifications, agricultural 

districts, livestock, and crops associated with Madison and Oneida Counties and the 

Nation lands proposed for conveyance into trust. 

3.5.5.1 Introduction 

The National Agricultural Land Study of 1980-81, which was published by the federal 

government identified that millions of acres of farmland in the U.S. are being converted to 

other uses. In 1981, Congress published the report, Compact Cities: Energy-Saving 

Strategies for the Eighties, which identified that programs and policies needed to be 

implemented by Congress to protect farmland and combat urban sprawl. 

As a response to this work, Congress passed the Farmland Protection Policy Act (Public 

Law 97-98, Title XV, Subtitle I) in December 1981 to minimize the impact federal 

programs have on the conversion of farmland to other uses. If projects implemented by a 

federal agency or with assistance from a federal agency irreversibly convert farmland 

(directly or indirectly) to non-agricultural uses, they are subject to this legislation (U.S. 

Department of Agriculture, 2006a). The Natural Resource Conservation Service (NRCS) is 

the agency primarily responsible for the implementation of the Farmland Protection Policy 

Act by providing technical assistance to New York State and local governments, federal 

agencies, tribes, or nonprofit organizations that develop farmland protection programs 

and policies. The Proposed Action does not involve the conversion of farmland to nonagricultural uses as this is only a transfer of title to lands from the Nation to the federal 

government. 

Agricultural protection measures have also been enacted at the local level as Madison 

County has recently developed an Agriculture and Farmland and Protection Plan 

(Madison County Farmland Protection Board, 2005). The objective of this Plan is to 

identify strategies for maintaining the economic health of the County’s agricultural 

industry, preserving agricultural land uses on viable soils, promoting the diversification 

and growth of the County’s agricultural industry, and increasing public awareness of the 

economic importance of agriculture. As will be described in Section 3.8.2.2 Agriculture, 

Nation Lands, agriculture is highly important both economically and culturally to the 

Nation and, as stated previously, the Proposed Action does not propose the conversion of 

any of the Nation’s farmlands to non-agricultural uses. 
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3.5.5.2 Farmland 

In the Farmland Protection Policy Act, farmland is categorized as either prime farmland, 

unique farmland, or farmland of statewide importance. “Prime farmland is land that has 

the best combination of physical and chemical characteristics for producing food, feed, 

fiber, forage, oilseed, and other agricultural crops without intolerable soil erosion, as 

determined by the Secretary of Agriculture. Prime farmland includes land that possesses 

the above characteristics but is being used currently to produce livestock and timber. It 

does not include land already in or committed to urban development or water storage” 

(U.S. Congress, 1981). 

“Unique farmland is land other than prime farmland that is used for production of specific 

high-value food and fiber crops as determined by the Secretary of Agriculture. It has the 

special combination of soil quality, location, growing season, and moisture supply needed 

to economically produce sustained high quality or high yields of specific crops when 

treated and managed according to acceptable farming methods. Examples of such crops 

include; citrus, tree nuts, olives, cranberries, fruits, and vegetables. Farmland, other than 

prime or unique farmland, that is of statewide or local importance for the production of 

food feed, fiber, forage, or oilseed crops as determined by the appropriate State or unit of 

local government agency or agencies, and that the Secretary of Agriculture determines 

should be considered as farmland for the purposes of this subtitle” (U.S. Congress, 1981). 

Prime farmland and farmland of statewide importance are located in both Madison and 

Oneida Counties. Land that must overcome a hazard or limitation such as flooding and 

wetness in order to be classified as prime farmland is identified as prime farmland – if 

drained. This type of farmland is also located in both Madison and Oneida Counties. 

The Madison County Agricultural and Farmland Protection Plan has indicated that the 

identification of critical agricultural soils and discouragement of non-agricultural uses on 

or near them is important to the economic health of agriculture in Madison County. In 

addition, the County intends to establish a system that accepts, administers, and possibly 

funds farmland preservation tools such as the purchase, transfer, or lease of development 

rights, as well as, the use of conservation easements and land conservancies. 

In Madison County, there are 43 types of soil that are classified as prime farmland, 12 

types of soil that are classified as prime farmland – if drained, and 39 types of soil that are 

classified as farmland of statewide importance by the NRCS. In Oneida County, there are 

51 types of soil that are classified as prime farmland, 23 types of soil that are classified as 

prime farmland – if drained, and 65 types of soil that are classified as farmland of 

statewide importance by the NRCS (U.S. Department of Agriculture, 2006b). 

Madison County farmland soils that are located on the Nation’s lands are identified in 

Table 3.5.5.A-1 (located in the Appendices). Table 3.5.5.A-2 (located in the Appendices) 

identifies these soils in Oneida County. Figure 3.5-3 illustrates the location of farmland 

soils on the Nation’s lands in both counties. Table 3.5.5.A-1 identifies that there are 30 
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types of soil that are classified as prime farmland, 11 types of soil that are classified as 

prime farmland – if drained, and 20 types of soil that are classified as farmland of 

statewide importance on Nation lands located in Madison County. Table 3.5.5.A-2 

identifies that there are 20 types of soil that are classified as prime farmland, 14 types of 

soil that are classified as prime farmland – if drained, and 13 types of soil that are 

classified as farmland of statewide importance on Nation lands located in Oneida County. 

Farmland occupies 860,322 acres or 69 percent of the total area (1,247,086 acres) of 

Madison and Oneida Counties. The following farmland statistics for Oneida County, 

Madison County, and Nation lands differ from those presented in Section 3.2 (Land Use) 

due to differences in the definition of agricultural lands used by NYSORPS (based on 

parcel size, recent agricultural activity, and gross agricultural sales) and the definitions of 

prime farmland, unique farmland, or farmland of statewide importance utilized by USDA 

Soil Conservation Service (based on soil type). There are approximately 313,629 acres of 

prime farmland, 141,157 acres of prime farmland – if drained, and 405,536 acres of 

farmland of statewide importance located in Madison and Oneida Counties. Based on the 

information contained in Tables 3.5.5.A-1 and 3.5.5.A-2, there are a total of 

approximately 6,291 acres of Nation lands classified as prime farmland, 5,385 acres 

classified as prime farmland – if drained, and 3,121 acres classified as farmland of 

statewide importance located in Madison and Oneida Counties. Approximately 2 percent 

of the prime farmland, 3.8 percent of the prime farmland – if drained, and 0.8 percent of 

the farmland of statewide importance located in Madison and Oneida Counties are on the 

Nation’s lands. 

The farmland classification has been determined for each of the three Groupings of the 

Nation’s lands. As identified in Table 3.5-8, there are a total of approximately 14,817 

acres of Nation lands that have these classifications. There are approximately 2,132 acres 

of prime farmland, 848 acres of prime farmland - if drained, and 188 acres of farmland of 

statewide importance located on Group 1 lands. Group 2 lands contain approximately 

1,493 acres of prime farmland, 2,794 acres of prime farmland – if drained, and 1,392 

acres of farmland of statewide importance. There are approximately 2,678 acres of prime 

farmland, 1,748 acres of prime farmland – if drained, and 1,544 acres of farmland of 

statewide importance located on Group 3 lands. 

Table 3.5-8 

Acres and Percentage of Nation Lands in Farmland Classifications

Soil Classification Group 1 

Acres 

Group 1 

Percentage 

Group 2 

Acres 

Group 2 

Percentage 

Group 3 

Acres 

Group 3 

Percentage 

Total 

Acres 

Prime Farmland 2,132 34 1,493 24 2,678 42 6,303 

Farmland of 

Statewide 

Importance 

188 6 1,392 45 1,544 49 3,124 

Prime Farmland - if 

Drained 848 16 2,794 52 1,748 32 5,390 

Total Acreage 3,168 5,679 5,970 14,817 
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3.5.5.3 Agricultural Districts 

Many agricultural lands located throughout New York State are in jeopardy of being 

converted to non-agricultural uses due to development pressure. Many other farmland 

areas have been simply abandoned and are no longer under active agricultural production. 

Large areas of old field and shrub land successional habitats are evidence of this and are 

found throughout Oneida and Madison Counties, as well as, on the Nation’s lands. In 

order to conserve, protect, and encourage the development of agricultural land for the 

production of food and other agricultural products, the New York State Legislature has 

created the Agricultural Districts Law (Article 25-AA of the Agriculture and Markets Law) 

on February 22, 1922 in order to authorize the establishment of local agricultural districts 

within New York State. The benefits of agricultural districting are the provision of a 

combination of landowner incentives, such as preferential real property tax treatment, and 

protections against government funded acquisition, overly restrictive local laws, and 

private nuisance suits involving agricultural practices (New York State Department of 

Agriculture and Markets, 2006). The Madison County Agricultural and Farmland 

Protection Plan has identified the promotion and encouragement of farmer participation in 

agricultural districts and the incorporation of districts into local comprehensive planning 

as important to maintenance of the economic health of agriculture in Madison County 

(Madison County Farmland Protection Board, 2005). 

Under the New York State Agricultural Districts Law, landowners work with county 

agriculture and farmland protection boards and county legislative bodies in order to create 

agricultural districts within New York State. The agricultural districts that are established 

are typically reviewed by the county legislative bodies either every 8, 12 or 20 years 

depending upon the proposal accepted; these reviews are conducted in order to determine 

whether the agricultural district should be modified, remain unchanged or be terminated 

(New York State Legislature, 1922). As of April 2002, approximately 30 percent of the 

total land area of New York State (8.6 million acres) was contained within 341 

agricultural districts (New York State Department of Agriculture and Markets, 2006). 

Prior to 2001, there were 20 agricultural districts located within Oneida County 

established for 8 year periods. Sections of these agricultural districts were located in all of 

the towns in Oneida County except for the Town of Florence. Oneida County is in the 

process of consolidating these 20 agricultural districts down to 7, which should be 

completed by the summer of 2007 (Oneida County Planning Board, 2002). Madison 

County has 13 agricultural districts that were established for 8 year periods (Madison 

County Farmland Preservation Board, 2005). Madison County is considering 

recommendations, as of June 2006, regarding the recertification of and modifications to its 

Agricultural District #3 located in the Towns of Stockbridge, Eaton, and Smithfield and 

the City of Oneida (Madison County Planning and Agricultural and Farmland Protection 

Boards, 2006). 
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As depicted on Figure 3.5-4, many of the Nation’s lands are located in agricultural 

districts. Approximately 3,337 acres of the Nation’s lands are located in agricultural 

districts in Madison County while approximately 6,270 acres of the Nation’s lands are 

located in agricultural districts in Oneida County. There are approximately 155,660 acres 

of land in Madison County and 218,634 acres of land in Oneida County that are located 

in agricultural districts. Approximately 2.5 percent of the land located in agricultural 

districts in Madison County and Oneida County are located on the Nation’s lands. As 

identified in Table 3.5-9, there are a total of approximately 9,607 acres of Nation lands 

located in agricultural districts with 2,293 acres located on Group 1 lands, 2,027 acres 

located on Group 2 lands, and 5,287 acres located on Group 3 lands. 

Table 3.5-9 

Acres and Percentage of Nation Lands Located in Agricultural Districts 

Group 1 Group 2 Group 3 Total 

2,293 acres 2,027 acres 5,287acres 9,607 acres 

24% 21% 55% 100%