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4.9 Other Values 

4.9.1 Wilderness 

For the purpose of defining whether the Proposed Action or any of the alternatives, 

including the No Action Alternative, would result in a potentially significant adverse 

effect, various criteria were considered such as the Federal Wilderness Act or potential 

impacts to State lands that are under the jurisdiction of the Division of Lands and Forests. 

Significance Criteria 

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

or cumulatively: 

• Cause an adverse change on Federal lands that are managed subject to the Federal 

Wilderness Act or a New York State Wildlife Management Area, Forest Preserve, State 

Forest, Reforestation Area, Multiple Use Area/Land, Unique Areas, State Nature and 

Historic Preserve, and Conservation Easement. 

Impacts can be less than significant, less than significant with mitigation incorporated, or 

potentially significant. 

4.9.1.1 Direct Effects 

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

Action Alternative, would not result in any physical disturbance to any Federal Wilderness 

Area or any State lands that are under the jurisdiction of the Division of Lands and 

Forests. There are no Federal lands within Oneida or Madison Counties that are managed 

subject to the Federal Wilderness Act. There are no State lands under the jurisdiction of 

the Division of Lands and Forests located within any of the towns where the Nation owns 

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

alternatives, including the No Action Alternative, would not result in a significant adverse 

direct effect to regional wilderness resources. 

4.9.1.2 Indirect Effects 

Implementation of the proposed action and any of the alternatives, including the No 

Action Alternative, would not result in any activity that would indirectly affect Federal 

lands that are managed subject to the Federal Wilderness Act or State lands that are under 

the jurisdiction of the Division of Lands and Forests. As such, implementation of the 

Proposed Action or any of the described alternatives, including the No Action Alternative, 

would not result in a significant adverse indirect effect to regional wilderness areas or to 

the State’s ability to regulate its lands that are under the jurisdiction of the Division of 

Lands and Forests. 

4.9.1.3 Cumulative Effects 

Implementation of the proposed action and any of the alternatives, including the No 

Action Alternative would not result in any activity that would directly or indirectly 
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impact Federal lands that are managed subject to the Federal Wilderness Act or State lands 

that are under the jurisdiction of the Division of Lands and Forests. As such, an analysis 

of cumulative impacts is not provided for this resource category. 

4.9.2 Noise and Light 

4.9.2.1 Noise 

This section addresses potential effects on ambient noise conditions associated with the 

implementation of the Proposed Action or any of the alternatives, including the No Action 

alternative. Potential direct, indirect and cumulative effects to ambient noise conditions 

are described. 

Significance Criteria 

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

or cumulatively: 

• Result in the exposure of persons to or the generation of noise levels (including 

mobile sources, i.e., vehicular traffic) that exceed land use compatibility noise 

regulations of the U.S Department of Housing and Urban Development or HUD 

(24CFR Part 51B) or standards of the NYSDEC (Program Policy: Assessing and 

Mitigating Noise Impacts, February 2, 2001). 

Noise impacts can be less than significant, less than significant with mitigation 

incorporated, or potentially significant. 

Direct Effects 

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

Alternative does not involve the introduction, operation, or modification of any noise 

generating sources on Nation lands, adjacent non-Nation lands or on any lands within the 

Study Area. Similarly, no change in mobile source trips and associated noise emissions 

would directly or indirectly result from implementation of the Proposed Action or any of 

the alternatives. As such, implementation of the Proposed Action or any of the 

alternatives, including the No Action Alternative, would not result in any direct impacts to 

ambient noise conditions in the local area, towns, counties or surrounding region. 

Indirect Effects 

Alternatives A and B. Implementation of Alternative A (the Proposed Action) and 

Alternative B would not result in activities that would indirectly result in the introduction 

or modification of noise sources or alter mobile source noise emissions on Nation lands, 

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

implementation of Alternatives A and B would not result in a significant adverse indirect 

effect to ambient noise conditions. 
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Alternatives C, D, E, F and G would exclude various parcels and land groupings from 

conveyance into trust. The only parcels that represents a meaningful source of noise is 

associated with the Turning Stone Resort & Casino and since it would continue to operate 

under Alternatives C through F there is no difference among these alternatives from a 

noise perspective with or without lands in trust. The parcels that are excluded from 

conveyance into trust under these alternatives are not significant contributors to ambient 

noise as their uses and functions are consistent with surrounding non-Nation lands. The 

affect on noise that conveyance of lands into trust could have may also be influenced by 

the taxation/jurisdictional scenario that is applied to the lands that are not conveyed into 

trust. Generally, if lands are not conveyed into trust, and taxes are paid by the Nation, 

then activities that generate noise would continue. The most significant Nation activities 

of course in this regard are associated with the Turning Stone Resort & Casino. If the 

Nation chooses not to pay taxes and the lands are foreclosed or alienated away, then 

activities on those lands would cease and noise sources (mostly vehicular trips) would be 

eliminated. Under the Property Taxes Not Paid - Dispute Continues scenario, noise 

generating activities would continue. The following discussion summarizes potential noise 

sources under each alternative involving land omitted from trust. 

Alternative C. None of the Group 3 lands would be conveyed into trust. There are 

limited noise sources on these lands and no activities occur that generate significant 

vehicular traffic. Agricultural uses exist on a limited number of Group 3 parcels and farm 

equipment (tractors, tillers, etc) is an occasional source of noise. Overall, existing ambient 

noise conditions on these lands are consistent with both State and Federal standards for 

rural land uses. 

Under the Property Taxes Paid scenario, the Nation would retain title to the Group 3 

lands not conveyed into trust and operations that currently occur on those lands would 

generally continue into the future. Use of Nation lands would not violate State and local 

noise regulations and ordinances. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would lose title to 

all Group 3 lands. Activities occurring on those lands would cease and noise sources 

associated with those activities would be eliminated. As described in Section 3.2.4, Land 

Use and 3.9.2, Noise and Light, Nation activities on Group 3 lands are consistent with 

land uses on surrounding parcels. Noise sources on non-Nation lands would continue to 

operate and ambient noise conditions would not change as a result of the Nation’s 

discontinuation of operations on Group 3 lands. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would retain 

title to the Group 3 lands and would continue to engage in the activities that currently 

occur on those lands. State and local enforcement of tax and regulatory laws would 
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remain in dispute. HUD noise regulations would apply to noise sources on the Nation’s 

lands as well. 

Alternative D. Under Alternative D, Group 2 and Group 3 lands (described above) would 

be excluded from conveyance into trust. Activities on Group 2 lands that contribute to the 

ambient noise environment include; 

• Public access marinas and boat repair shop; 

• 12 SavOn gas stations and convenience stores ; and 

• Active sand and gravel quarry.

Noise sources associated with these lands include vehicular trips, boating and associated 

marina activities, gas station operations, and quarrying of sand and gravel. These 

activities and associated noise sources are consistent with the activities and noise sources 

found in the surrounding area that includes both Nation and non-Nation land uses. 

Overall, ambient noise conditions in the vicinity of noise generating activities on Group 2 

lands are consistent with both State and Federal standards for rural land uses. 

Under the Property Taxes Paid scenario, the Nation would retain title to the Group 2 and 

3 lands and operations that currently occur on those lands would continue into the future. 

Use of Nation lands would not violate State and local noise regulations and ordinances. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would lose title to 

the Group 2 and 3 lands. Activities occurring on those lands would cease and noise 

sources associated with those activities would be eliminated. As described in Section 

3.2.4, Land Use and 3.9.2, Noise and Light, the activities on the Nation’s Group 2 lands 

are consistent with land uses on surrounding properties. Noise sources on non-Nation 

lands would continue to operate and ambient noise conditions would not change as a 

result of the Nation’s discontinuation of operations on Group 2 and 3 lands. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would retain 

title to the Group 2 and 3 lands and would continue to engage in the activities on these 

lands, consistent with past actions. State and local enforcement of tax and regulatory laws 

would remain in dispute. 

Alternative E. Under Alternative E, two parcels associated with the Turning Stone Resort 

& Casino (Parcels 10 and 109) and totaling approximately 225 acres would be conveyed 

into trust. The balance of Group 1 properties as well as the Group 2 and Group 3 lands 

described above would not be conveyed into trust. Current sources of noise on the 

Group 1 properties not conveyed into trust include the new central utility plant (Parcels 

181 and 186), golf course operations, related casino resort and golf club maintenance 

activities, and vehicular traffic associated with the Inn at Turning Stone, the RV 

Campground, and the Nation’s five golf courses. These activities and associated noise 
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sources are consistent with the activities and noise sources found in the surrounding area 

that include both Nation and non-Nation land uses. Overall, ambient noise conditions in 

the vicinity of noise generating activities on Alternative E lands are consistent with both 

State and Federal standards for rural land uses. 

Under the Property Taxes Paid scenario, the Nation would retain title to all of their lands 

(Parcels 10 and 109 would be conveyed into trust) and operations that currently occur on 

those lands would continue into the future. Use of Nation lands would not violate State 

and local noise regulations and ordinances. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would lose title to 

all of their lands with the exception of Parcels 10 and 109. Activities occurring on all the 

lands omitted from trust would cease and noise sources associated with those activities 

would be eliminated. Noise sources on non-Nation lands would continue to operate and 

ambient noise conditions would not change as a result of the Nation’s discontinuation of 

operations on the lands excluded from trust. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would retain 

title to the lands not conveyed into trust lands and would continue to engage in the 

activities on these lands, consistent with past actions. Use of Nation lands would not 

violate State and local noise regulations and ordinances. State and local enforcement of 

tax and regulatory laws would remain in dispute. 

Alternative F. Alternative F would convey Group 1, most of Group 2 and some of 

Group 3 lands into trust. Activities on lands not conveyed into trust under Alternative F 

are similar to those described under Alternative C and include agricultural uses and the 

sand and gravel quarry. 

Under the Property Taxes Paid scenario, the Nation would retain title to those lands not 

conveyed into trust and operations that currently occur on those lands would generally 

continue into the future. Use of Nation lands would not violate State and local noise 

regulations and ordinances. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would lose title to 

those lands not conveyed into trust. Activities occurring on those lands would cease and 

noise sources associated with those activities would be eliminated. Noise sources on nonNation lands would continue to operate and ambient noise conditions would not change 

as a result of the Nation’s discontinuation of operations on non-trust lands. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would retain 

title to those lands not conveyed into trust and would continue to engage in the activities 

that currently occur on those lands. Use of Nation lands would not violate State and local 
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noise regulations and ordinances. State and local enforcement of tax and regulatory laws 

would remain in dispute. 

Alternative G. None of the Nation’s lands would be conveyed into trust including the 

Turning Stone Resort & Casino which has the following noise sources: 

• Vehicular traffic associated with the operation of the Turning Stone Resort & 

Casino; and 

• SavOn gas and diesel station, convenience store, and car care center.

Under the Casino Closes – All Enterprises Close scenario the Turning Stone Resort & 

Casino is assumed to be illegal and would close. As a result of this action, the Nation 

would lose its most significant sources of revenue. This would have a significant effect on 

the Nation’s ability to support many of the activities that are currently subsidized by 

revenue from the casino and SavOn gas stations. Many of these activities, including 

operation of the central utilities plant, many of the SavOn stations, certain agricultural 

operations, and construction of new member housing would cease. As such, noise sources 

associated with those activities would also cease. Noise sources on non-Nation lands 

would continue to operate and ambient noise conditions would not change as a result of 

the Nation’s discontinuation of operations on non-trust lands. 

Under the No Action - Property Taxes Paid scenario, the Nation would retain title to all of 

their lands and operation of the casino and the other activities that currently occur on 

those lands would continue into the future. Use of Nation lands would not violate State 

and local noise regulations and ordinances. 

Under the No Action- Property Taxes Not Paid - Foreclosure scenario, the Nation would 

lose title to all of their lands. All activities occurring on those lands, including the 

operation of the Turning Stone Resort & Casino would cease and noise sources associated 

with those activities would be eliminated. Noise sources on non-Nation lands would 

continue to operate and ambient noise conditions would not change as a result of the 

Nation’s discontinuation of operations on non-trust lands. 

Under the No Action- Property Taxes Not Paid - Dispute Continues scenario, the Nation 

would retain title to all of their lands and would continue to engage in the activities on 

these lands, including the operation of the Turning Stone Resort & Casino. State and 

local enforcement of tax and regulatory laws would remain in dispute. The requirements 

of the HUD noise regulations (24CFR Part 51B) would apply to noise sources on the 

Nation’s lands. 

Cumulative Effects 

Cumulative effects include effects beyond those solely attributable to the implementation 

of the Proposed Action or alternatives which result from the incremental effect of the 
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action when added together with other past, present and reasonably foreseeable future 

actions. As such, a cumulative assessment of potential noise effects has been prepared to 

assess the cumulative effect that implementation of the Proposed Action or alternatives 

would have in the context of the Nation’s past, present and future activities as well as 

future activities proposed by others. 

Past actions by the Nation, including construction and operation of the Turning Stone 

Resort & Casino, are reflected in the current condition and are summarized both in 

Section 3.4 and above. The primary noise source associated with the Nation’s current 

activities occurs from mobile source vehicle trips accessing the Turning Stone Resort & 

Casino which is located in direct proximity to the New York State Thruway (I-90), 

another significant mobile noise source. While construction and operation of the Turning 

Stone Resort & Casino has increased ambient noise conditions, noise levels on and 

adjacent to the Nation’s lands, including the Turning Stone Resort & Casino, are 

consistent with State and Federal standards for the land uses found in the Study Area. 

The Nation’s ongoing and reasonably foreseeable construction projects could result in a 

marginal increase in vehicular trips to the Turning Stone Resort & Casino; however, the 

increase in trips is not expected to result in a noticeable increase in ambient noise 

conditions. In general, a doubling of vehicle trips (with a similar vehicle type mix) would 

only result in a 3dB increase in ambient noise levels. 

In addition to projects and activities that the Nation is undertaking or are planned in the 

near term, other private and public development projects have been proposed. These 

projects are assumed to be operational by the year 2012. 

With the exception of Alternative G (No Action), there are no meaningful differences 

between the potential noise effects of each of the alternatives. Alternative G could result 

in the closure of the Turning Stone Resort & Casino and all associated facilities. This 

would result in a reduction in mobile source noise from vehicles in the region; however, 

this reduction is not expected to result in a significant improvement in ambient noise 

conditions, which are already consistent with State and Federal standards for the land uses 

found in and around the Nation’s lands. When taken cumulatively with proposed nonNation projects, implementation of the Proposed Action or the alternatives would not 

result in an overall significant increase (or decrease) in ambient noise conditions 

surrounding the Nation’s lands and in the Study Area. 

4.9.2.2 Light 

This section addresses potential impacts to ambient lighting conditions associated with the 

implementation of the Proposed Action or any of the alternatives, including the No Action 

alternative. Potential direct, indirect and cumulative effects are described. 
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Significance Criteria 

For the purpose of defining whether the Proposed Action or any of the alternatives, 

including the No Action Alternative, have the potential to result in a significant adverse 

effect on lighting, the following are considered. Potentially significant adverse effects may 

occur if the action is likely to directly, indirectly, or cumulatively: 

• Create or modify a light source or create glare that could affect day or nighttime 

views; 

• Have an adverse effect on ambient lighting conditions on Nation lands, adjacent 

non-Nation lands or within the larger geographic context of the towns or counties. 

Lighting impacts can be less than significant, less than significant with mitigation 

incorporated, or potentially significant. 

Direct Effects 

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

Alternative, does not involve the introduction of any new lighting sources or sources of 

glare and would not have a direct effect to existing lighting patterns or ambient lighting 

conditions. 

Indirect Effects 

Implementation of the proposed action or any of the alternatives would not result in the 

introduction of any new light sources or modification of existing light sources and would 

not indirectly affect ambient lighting conditions on adjacent Non-Nation lands or on other 

lands in the Study Area. 

Under Alternative G, the No Action alternative, the Turning Stone Resort & Casino and 

its attendant facilities would close. The casino is a major source of light in the area and is 

a recognizable part of the nighttime viewshed. Closure of the casino would eliminate this 

light source (with the exception of required FAA lighting on the Tower Hotel). The 

elimination of the light sources from the Turning Stone Resort & Casino, SavOn stations 

or other enterprises would bean obvious change to the nighttime viewshed of the 

surrounding area. Some residents within the viewshed may view the elimination of the 

casino as a light source as a beneficial effect in this specific regard. 

Cumulative Effects 

Past actions by the Nation, including construction and operation of the Turning Stone 

Resort & Casino, are reflected in the current ambient light conditions and are summarized 

in Section 3.9.2. The casino was constructed on two undeveloped parcels adjacent to the 

New York State Thruway. While the casino is a source of light, it has not been identified, 

in the past or present, as creating an adverse lighting condition. 
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In addition to the Turning Stone Resort & Casino, the Nation has also developed a 

number of parcels that are generally consistent with existing land use and in context with 

the surrounding ambient lighting conditions. With the exception of the Turning Stone 

Resort & Casino, none of the Nation’s past projects has had a noticeable effect on 

nighttime lighting conditions. 

The Nation’s reasonably foreseeable plans include ongoing and near term construction 

projects would result in changes to ambient lighting immediately surrounding the resortcasino property. These projects would all be in context with the existing resort character. 

In addition to projects and activities that the Nation is undertaking or are planned in the 

near term, other private and public development projects have been proposed. These 

projects are assumed to be operational by the year 2012. None of these projects is 

expected to be of a scale that would result in a significant alteration of the lighting 

character in the region. On a more localized scale however (vicinity of the resort-casino), 

construction of the proposed Verona Greens project, slated to potentially include two 

hotels, retail space and a restaurant, could add to the nighttime lighting effect of the 

Turning Stone Resort & Casino. The combination of the two facilities would have an 

increased effect on nighttime lighting. The significance of this effect depends in part on 

the design, scale, materials, lighting sources, and layout of the yet to be constructed 

Verona Greens project. 

4.9.3 Visual Resources 

This section addresses potentially adverse effects on visual resources associated with 

implementation of the Proposed Action or any of the alternatives, including the No Action 

alternative. Potential direct, indirect and cumulative effects to visual resources are 

described. 

Significance Criteria 

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

No Action, have a potentially significant adverse effect on visual resources, the following 

are considered: 

Whether the action is likely to directly, indirectly or cumulatively: 

• Result in an impairment (obstruction or physical change) to a scenic resource or 

viewshed (such as a scenic area of statewide significance) or that would result in 

damage to scenic resources (including, trees, rock outcroppings and historic 

structures may result in an impact on visual resources); 

• Impair the visual quality, perception or enjoyment of visual resources, including 

historic resources; 

• Affect other locally important visual resources on Nation lands, adjacent nonNation lands or within the larger geographic context of the Towns or Counties. 
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Visual effects can be less than significant, less than significant with mitigation 

incorporated, or potentially significant. 

4.9.3.1 Direct Effects 

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

Alternative, would not result in any obstruction or physical change to any scenic vistas or 

important viewsheds on Nation lands, adjacent non-Nation lands or on any lands within 

the Study Area. Similarly, implementation of the Proposed Action or alternatives would 

not directly impair the visual quality, perception or enjoyment of identified historic 

resources on Nation lands, adjacent non-Nation lands or within the Study Area and would 

not result in any direct effects to visual resources in the local area, towns, counties or 

surrounding region. 

4.9.3.2 Indirect Effects 

Implementation of Alternatives A through F would not result in changes to land uses on 

Nation trust lands that could indirectly affect visual resources on adjacent Non-Nation 

lands or on other lands within the Study Area. Activities on lands that are not conveyed 

into trust under Alternatives C through F and the various scenarios could have an indirect 

effect on visual resources or character associated with existing activities on these lands that 

might cease if lands were not conveyed into trust. 

Under scenarios where lands would be alienated through foreclosure or sale, activities 

occurring on those lands would cease, including all maintenance and upkeep of structures 

and associated landscaping. The ultimate disrepair and decay of structures and properties 

on lands and associated facilities not in trust could represent an indirect visual effect. 

Under Alternative G, the No Action alternative, none of the Nation’s lands would be 

conveyed into trust. The Casino Closes and All Enterprises Close scenario assumes that 

the Turning Stone Resort & Casino would be closed. As a result, the Nation would lose 

its most significant source of revenue. Ongoing and planned projects for the casino and 

resort would not be undertaken. This would have a significant effect on the Nation’s 

ability to support many of the activities that are currently subsidized by revenue from the 

casino and SavOn gas stations. Many of these activities would cease including all 

maintenance and upkeep of structures and associated landscaping. It is unlikely that once 

closed, the Turning Stone Resort & Casino facilities and grounds would be reused or 

redeveloped to accommodate other non-gaming commercial, recreational, governmental or 

educational uses. The eventual disrepair and decay of structures on these lands, 

particularly Turning Stone Resort & Casino, would result in a significant indirect effect to 

visual resources as the nature of the existing visual character of the Study Area changes 

from one of vibrant active land use to one associated with abandoned and poorly 

maintained properties. 
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4.9.3.3 Cumulative Effects 

Past actions by the Nation, including construction and operation of the Turning Stone 

Resort & Casino, are reflected in the current condition and are summarized in Section 3.4. 

The casino was constructed on two undeveloped parcels adjacent to the New York State 

Thruway. The Tower Hotel at Turning Stone is the tallest building and most dominant 

structure in the local viewshed, standing at 253 feet. Given the casino’s height and mass, 

at the time of construction, it was inconsistent with the visual scale of the surrounding 

area. Although construction of the casino did not result in any impairment to designated 

Scenic Areas of Statewide Significance, there are two visually sensitive land uses within the 

Study Area—Sunset Lake and Mt. Hope Reservoir. 

Sunset Lake - Sunset Lake is located in the City of Oneida near the Oneida-Madison 

County border. It has an elevation of 510 feet amsl and is in close proximity to the 

Oneida Community Golf Club. The lake is surrounded by temperate deciduous vegetation 

but it does not border Nation-owned land. During “leaf-off” conditions, the Tower Hotel 

is partially visible from vantage points on this site. Visibility of the Tower Hotel is greater 

at night. 

Mt. Hope Reservoir - Mt. Hope Reservoir is located between Mt. Hope Avenue and 

Fairview Avenue behind residential properties in the City of Oneida. In 1997, it was 

added to the National Register of Historic Places. Its period of significance is 1875 – 

1924. Its most dominant feature is the dome that rises from the water. A buffer of 

evergreen trees shields the reservoir from nearby homes. Mt. Hope Reservoir borders 

Parcel 166 (Group 3) which is used for corn cultivation. 

Overall, there is no significant adverse visual effect at these two areas resulting from the 

Turning Stone Resort & Casino. Today, the Turning Stone Resort & Casino is a 

recognized feature of the local viewshed. It is anticipated that local residents have become 

accustomed to the long-standing presence of the Turning Stone Resort & Casino complex, 

while visitors to the region will view the complex in the context of its visual setting as a 

major resort property. 

In addition to the Turning Stone Resort & Casino, the Nation has also developed a 

number of parcels that are generally consistent with existing land use and in context with 

the surrounding viewsheds. With the exception of the Turning Stone Resort & Casino, 

none of the Nation’s past projects has had a noticeable effect on visual resources or visual 

character in the area. 

Many of the parcels that the Nation reacquired contained a variety of old structures in 

substandard condition. These structures ranged from mobile homes, apartments, hotels 

and auto garages to sheds, log cabins, barns and silos. The Nation has a detailed 

demolition plan for removal of substandard structures from Nation lands. To date, a total 

of three Group 1, five Group 2 and one Group 3 parcel have been razed consistent with 
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this plan. There are a number of parcels containing substandard structures pending 

demolition. Many non-Nation properties currently contain substandard structures as well 

and receive no attention from their owners. The Nation’s efforts to improve the aesthetic 

quality of these sites are part of an overall process that will ultimately improve the visual 

character in the immediate vicinity of the Nation’s lands. 

The Nation’s ongoing and reasonably foreseeable plans include construction projects that 

could result in localized effects to viewsheds surrounding Nation lands. Additional 

housing for example at the Village of the White Pines may be noticeable but not out of 

character with the existing community there. Construction of Nation member housing, 

consistent with previous new residential construction undertaken by the Nation, would be 

compatible in form, line, and material usage with residential housing in Oneida and 

Madison Counties. These projects are described in Section 4.1.4. These plans are not 

expected to result in a significant adverse impact to visual resources in the Study Area. 

The ongoing and planned projects at the Turning Stone Resort & Casino would all be in 

context with the existing character and use of the property as a major destination resort 

and are not expected to significantly alter the overall visual perception of the facility from 

the current condition. 

Increases in the Nation’s agricultural land use would be consistent with land uses in the 

region. As previously described, the Nation’s building demolition program provides a net 

benefit to the viewsheds in the surrounding area. 

In addition to projects and activities that the Nation is undertaking or are planned in the 

near term, other private and public development projects have been proposed. These 

projects are assumed to be operational by the year 2012. On a more localized scale 

however (vicinity of the casino-resort), potential construction of the Verona Greens 

project, slated to include two hotels, retail space and a restaurant, could add to the current 

visual impression of the Turning Stone Resort & Casino. The combination of the two 

facilities would have an effect on the visual landscape. The significance of this effect 

depends in part on the design, scale, materials, lighting, and layout of the yet to be 

constructed Verona Greens project. 

4.9.4 Public Health and Safety 

Significance Criteria 

For the purpose of defining whether the Proposed Action or any of the alternatives, 

including the No Action Alternative, result in a potentially significant adverse effect on 

public health and safety, several criteria are considered. Potentially significant adverse 

effects may occur if the action is likely to directly, indirectly, or cumulatively: 
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• Increase the generation of solid waste and/or decrease the availability or capacity 

of local and/or regional solid waste management resources and as a result 

adversely affect the regions ability to effectively manage the waste stream; or 

• Increase human or environmental exposure to hazardous materials associated with 

the use, transport or handling of hazardous materials including contaminated soils 

or sediments; or 

• Prevent access to and maintenance of existing infrastructure; or 

• Increase the demand for utilities beyond the capability to provide service to 

acceptable standards. 

4.9.4.1 Direct Effects 

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

Alternative, would not result in any physical disturbance or generation of solid waste or 

hazardous materials on Nation lands, adjacent Non-Nation lands or on other lands within 

the Towns or Counties in the Study Area defined in Section 3.9.4, Affected Environment. 

Implementation of the Proposed Action or any of the alternatives would not increase the 

generation of solid waste, result in an increase in human or environmental exposure to 

hazardous materials, or increase demand for utilities services. As such, implementation of 

the Proposed Action or any of the alternatives, including the No Action Alternative, would 

not result in a significant adverse direct effect to public health and safety in the region. 

No direct effect to the regional power grid would occur as a result of implementation of 

the Proposed Action or any alternatives. The servicing utility currently has access to lands 

for maintenance. The Nation has indicated that all easements, including those used to 

access utility infrastructure for would continue to be in effect on lands conveyed into trust. 

The BIA working with the Nation would ensure that critical infrastructure access and 

maintenance by the utility are unaffected. 

4.9.4.2 Indirect Effects 

Implementation of the Proposed Action or any of the trust action alternatives would not 

have an adverse indirect effect to solid waste generation or management or hazardous 

materials management, transfer, and disposal on Nation lands, on adjacent Non-Nation 

lands or on any lands within the Towns or Counties. Under the No Action Casino Closes 

and All Enterprises Close scenario, the Turning Stone Resort & Casino which is the 

Nation’s largest generator of solid waste would shut down. This would result in less 

municipal solid waste being generated in the region. This would have a beneficial effect to 

the region as available landfill space would not be utilized. 

Implementation of the Proposed Action or any of the alternatives would not have an 

indirect impact on petroleum bulk storage facilities or other storage facilities that handle 
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regulated materials. These facilities, if situated on lands conveyed into trust, would be 

regulated the Nation’s maintenance and monitoring program. As discussed in Section 

3.9.4.1, in 2005 the Nation conducted a compliance audit for all of the Nation’s 

petroleum bulk storage facilities, confirming that all the facilities complied with (United 

States Environmental Protection Agency Spill Prevention, Control and Counter measure 

Oil Program) SPCC rules, NYSDEC petroleum bulk storage regulations, and (National 

Fire Protection Association) NFPA regulations. The Nation complies with all Federal 

regulations of petroleum bulk storage facilities. 

The number of petroleum bulk storage facilities that would be conveyed into trust varies 

among the alternatives. Under the Proposed Action (Alternative A) or Alternatives B, C, or 

F, 13 gas stations would be conveyed into trust. Of these gas stations, one is located on 

Group 1 land and the other 12 on Group 2 lands. No gas stations are located on Group 3 

lands. Under Alternative D and Alternative E, one gas station would be conveyed into 

trust. Alternatives D, E, and G would exclude some of the SavOn gas stations from being 

transferred into trust. Under the Property Taxes Paid scenario, the Nation would submit 

to the State’s regulatory control over petroleum bulk storage facilities. Under the Property 

Taxes Not Paid - Foreclosure scenario, those parcels would be alienated and the SavOn 

stations located on those lands would close. The Property Taxes Not Paid - Dispute 

Continues scenario would have the same effect as conveyance of lands into trust. 

Under the Alternatives E Property Taxes Not Paid – Foreclosure scenario, the Nation’s cogeneration plant which provides between 60-90 percent of power used at the Turning 

Stone Resort & Casino would close. Under this alternative, the Nation would buy power 

from the National Grid, an electric utility. The Nation purchased power from the 

National Grid prior to construction of their cogeneration plant. While operation of the 

Turning Stone Resort & Casino is energy intensive, it should not place an unacceptable 

demand on power supply in the region as the National Grid was able to successfully 

supply the Nation in the past. Implementation of the Alternative G Casino Closes and All 

Enterprises Close scenario would decrease the demand to the regional grid. The cogeneration plant, however, also provides emergency electrical generation capacity to 

provide back-up temporary electric power in case of failure within the regional grid; this 

backup capacity would no longer be available if the co-generation plant were to close 

under the applicable taxation/jurisdiction scenarios for Alternatives E & G. 

4.9.4.3 Cumulative Effects 

Past actions by the Nation related to public health and safety are discussed extensively in 

Section 3.9.5.4. Activities by the Nation affecting public health and safety are conducted 

according to protocols described in Section 3.9.5. 

The Nation’s ongoing and reasonably foreseeable plans do include projects, some of which 

may have public health and safety considerations. These include: 
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• Turning Stone Resort & Casino – Ongoing and planned projects would increase 

the amount of solid waste generated and would also increase the usage of drinking 

water and electricity as trips to the Turning Stone Resort & Casino. This increase 

would not be expected to adversely affect the region’s ability to effectively manage 

waste streams or provide utilities, so the effect would likely be less than significant. 

The Nation would also need to store chemicals to chlorinate the swimming pool; 

depending on size, this may require a storage tank that would be subject to 

chemical bulk storage regulations. 

• Nation member housing – Additional population enabled by the housing program 

is projected to be small. As a result, there would be a marginal increase in the 

demand for electricity and drinking water, and the generation of solid waste. This 

increase in waste would not likely be large enough to adversely affect the regions 

ability to effectively manage waste streams and therefore the effect would likely be 

less than significant. 

• Building Demolition - Demolition of these structures would generate additional 

solid waste. The Nation inspects all buildings designated for demolition for any 

hazardous materials, including asbestos, buried tanks, drums, batteries, and stillconnected utilities. During inspections, the Nation and all hired contractors follow 

the New York State Department of Labor’s Industrial Code Rule 56 and the EPA’s 

Resource Conservation Recovery Act. The Nation hires licensed contractors to 

haul away debris of both hazardous and non-hazardous materials to regulated 

landfills and disposal facilities. The waste generated from this program would not 

be enough to adversely affect the region’s ability to effectively manage the waste 

stream and therefore the effect would likely be less than significant. 

4.9.5 Regulatory Jurisdiction 

The consequences of conveying lands into trust with respect to regulatory jurisdiction vary 

under the different trust action alternatives involved. Additionally, there are also 

regulatory implications that must be considered regarding lands that would be omitted 

from trust under Alternatives C, D, E, and F as well as in Alternative G, No Action and 

under the different taxation/jurisdictional scenarios. 

The consequences of implementing the Proposed Action or any of its alternatives are 

presented below. Due to the nature of regulatory jurisdiction the direct, indirect and 

cumulative effects are interwoven in these narrative sections. For reference, the past 

history of environmental regulatory actions pertaining to the Nation is presented in detail 

in Section 3.9.5.4 Nation’s History of Regulatory Compliance. In addition regulatory 

actions related to specific environmental resources that occurred in the past or with respect 

to their future jurisdiction are discussed in detail in the respective consequences sections 

for those resources. 
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Alternative A. All 17,370 acres of land constituting Groups 1, 2 and 3 would be 

conveyed into trust and would be under Federal and tribal governance. The Nation has 

operated under its own self-governance for the last 10 years and has enforced building, 

land use, safety and environmental standards on its lands, some with the cooperation of 

the State and local governments. With trust status, local governments would not be able to 

regulate the use of Nation lands. Nonetheless, the land would be regulated. All existing 

Federal regulations would apply, as would the Nation’s self-governing policies described in 

Section 3.9.5.3, Present Regulatory Conditions. The current practice of consultation and 

coordination with local, State and Federal agencies on issues related to the protection of 

the environment, public health and safety, land use, public services, infrastructure 

development etc., as described in Section 3.9.5.4 Nation’s History of Regulatory 

Compliance, would be expected to continue in the future. As a direct consequence of the 

implementation of Alternative A, the present ambiguity in regulatory control would be 

decided and the ongoing dispute between local, State, Federal governments and the Nation 

would be resolved. Federal and Oneida Nation regulatory jurisdiction over the lands in 

trust would be conclusively established. 

Under Alternative A, the State and local municipalities would not assert regulatory control 

over the 17,370 acres of land in trust status. Interagency cooperation is, however, 

common in other parts of the U.S. where tribes and local governments have entered into a 

broad range of cooperative agreements on matters of environmental protection, safety and 

land use. Voluntary agreements to cooperate on an array of regulatory issues would still 

be possible under Alternative A and such agreements could reduce concerns surrounding 

the loss of regulatory control resulting from the trust status on Nation lands. The State 

regulations, as summarized in Section 3.9.5.5, would not be enforceable on trust lands, 

but through continued dialogue and coordination with the Nation’s government, the State 

could still extend many of their environmental programs (e.g., the chronic wasting disease 

response plan) across Nation-owned lands. State police authority and the power of State 

courts in matters of civil and criminal jurisdiction (pursuant to 25 USC §§ 232 and 233) 

arising on Nation lands would not be affected by conveyance of the lands into trust. 

Land use regulation, environmental protection and public health and safety would 

continue under Oneida Nation policies and Federal jurisdiction on lands conveyed into 

trust. As described in Section 3.9.5.3 Present Regulatory Conditions and Section 3.9.5.4 

Nation’s History of Regulatory Compliance, it is the Nation’s policy to protect and 

conserve environmental resources in a manner that is consistent with prevailing standards. 

The Nation would continue to strive towards this goal and as a result there would be 

general consistency and equivalency in the application of environmental policies and 

standards across non-Nation and Nation lands. 

Above all, implementation of Alternative A would have a beneficial effect on the Nation’s 

right to self-governance and self-determination. The Nation would be able to completely 
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fulfill its purpose and need for conveying lands into trust and benefit socially, culturally 

and economically from the conveyance. The Proposed Action would secure a land base for 

the Nation within the boundaries of their aboriginal homeland and within their 

established reservation and would provide the Nation with control over these lands. 

Conveyance of all 17,370 acres of land into trust would not only protect and promote the 

Nation’s identity and expression and their social and cultural heritage but also their means 

for self-sufficiency, economic growth and self-preservation. The Nation’s diversified and 

productive economic base is spread across these lands as is its community and 

governmental facilities and its cultural ancestry. The 17,370 acres include the major 

gaming facility (Turning Stone Resort & Casino), golf-courses, the SavOn gas stations, 

convenience stores, other business enterprises, government and administrative buildings, 

member housing, agricultural lands, cultural and historic sites, recreational lands, health 

and education facilities, and conservation areas. These together constitute significant 

attributes of the Proposed Action that help to ensure the self-governance and identity of 

the Nation. 

Alternative B. An additional 17,630 acres of lands would be conveyed into trust over 

time by the Nation in addition to the 17,370 acres currently proposed under Alternative 

A. Newly acquired lands would be reviewed separately for conveyance to trust. Should 

Alternative B be implemented, the 17,370 acres would be under control of the Nation and 

be subject to Federal regulations, as described above under Alternative A. Other lands 

constituting the balance of Alternative B would also become subject to Nation policies, 

programs and oversight upon trust acquisition. Federal laws would also apply to these 

lands. 

Under this alternative State and local governments would not have regulatory jurisdiction 

over the 35,000 acres. Land use regulation, environmental protection and public health 

and safety would continue under Oneida Nation policies and Federal jurisdiction on the 

lands conveyed into trust. The Nation would continue to protect environmental resources 

and there would be general equivalency and consistency in the application of Federal, 

State, and Nation environmental policies and standards across non-Nation and Nation 

lands. The same opportunities for intergovernmental cooperation would exist among the 

parties in order to avoid or minimize potential effects resulting from the trust status on the 

Nation’s lands. 

Alternative C. Lands that comprise Groups 1 and 2 would come under the Nation’s 

control and Federal regulatory jurisdiction. Although this alternative would secure a 

smaller land base, the Nation would fulfill some of its purpose and need for conveying 

lands into trust. 

Under this alternative, State and local governments would not assert regulatory 

jurisdiction on 9,903 acres of trust lands held by or for the Nation’s use. Land use 
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regulation, environmental protection and public health and safety would continue under 

Nation policies and Federal jurisdiction on the lands conveyed into trust. However, the 

Nation would continue to protect environmental resources in a manner substantively 

consistent with State and local environmental regulations, and consequently, there would 

be general equivalency in the application of environmental policies and standards across 

non-Nation and Nation lands. Opportunities for intergovernmental cooperation would 

exist among the parties for the lands in Groups 1 and 2 in order to avoid or minimize 

potential effects resulting from the trust status on these lands. 

Those lands not conveyed into trust comprise 7,467 acres, all in Group 3, and their 

disposition would vary under the three taxation/jurisdiction scenarios as described below. 

Under the Property Taxes Paid scenario, those lands that are not conveyed into trust 

(Group 3) would be taxable and would be regulated by the State and local authorities. The 

Nation would not have sovereign control over them, and therefore, the Nation’s policies 

on land governance, environmental and cultural protection, and health and safety could 

not be unilaterally asserted. However, the Nation would be able to retain their use 

(pastures and agricultural lands) and pay taxes on them. Lands would be administered by 

local governments as prescribed under the laws of New York and municipal law. 

Similarly, public health and safety would be the responsibility of the State and local 

governments. The provisions of New York State’s Environmental Conservation Law, 

Agriculture and Markets Law, Parks, Recreation and Historic Preservation Law, and other 

State laws (see Section 3.9.5.5) would apply. Federal protection would not be available 

unless future development on these lands triggered a requirement for Federal agency 

review. This would especially affect the level of protection provided to significant cultural, 

archaeological and historic resources occurring on Group 3 lands. Federal laws like ARPA 

and NAGPRA currently provide for added protection to human remains, archaeological 

sites and tribal cultural assets. These laws would not be applicable on Group 3 lands 

omitted from trust under Alternative C. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would not pay 

taxes on lands that would not be conveyed into trust, and those lands would be alienated 

or foreclosed. The Nation’s policies would no longer be applicable on these lands. The 

direct effect under this scenario would be the partial loss of Nation’s ability to self-govern 

and sustain self-reliance. Should the Nation lose these lands as a result of foreclosure or 

sale, a portion of the Nation’s cultural assets and identity could be lost. The loss of 

Group 3 lands would adversely affect the Nation’s cultural, archaeological and historic 

resources, agricultural and Black Angus beef operations, conservation efforts and would 

displace some member housing. 

Under the Property Taxes Not Paid - Dispute Continues scenario, taxes would be levied 

but unpaid on the lands not in trust, while the Nation would continue to regulate Group 3 
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lands. The local and State regulatory agencies have held the position that they can assert 

authority to regulate lands not in trust status. The dispute over regulatory authority 

would persist. 

Alternative D. The Nation would have control over these lands and regulate them 

through its own policies for land governance, environmental protection and public health 

and safety. Federal jurisdiction would also apply on Group 1 lands. The most significant 

effect of this alternative would be on the Nation. As a beneficial effect, the Nation would 

be able to preserve its most important economic enterprise, the Turning Stone Resort & 

Casino. In addition the Nation would be able to retain the use and rights to the 

cogeneration electric station, an important facility which supplies power to the Turning 

Stone Resort & Casino. Also included in Group 1 lands are the open spaces contiguous to 

and integral to the active gaming and resort properties, a SavOn gas station and 

convenience store, parking areas, a lodging facility, an RV campground and two 

residences. The Nation would benefit by being exempt from taxation on these lands and 

protected from the possibility of sale or foreclosure. However, under Alternative D, the 

Nation would be adversely affected by not having control over lands in Groups 2 and 3 

currently used for Black Angus beef farming and agriculture, wetland mitigation, 

government and administrative buildings, member housing, other SavOn gas stations, the 

marinas and all culturally and historically significant sites. The potential loss of other 

Nation enterprises, housing, administrative facilities, community facilities and culturally 

important resources would diminish the net benefit of taking the Turning Stone Resort & 

Casino lands into trust and not serve the Nation’s purpose and need (which is to protect 

and promote the Nation’s cultural and social preservation, expression and identity, 

political self-determination, self-sufficiency, and economic growth by providing and 

preserving a tribal land base and homeland that is secure from future alienation). The 

consequences of excluding these lands from trust are addressed under the three 

taxation/jurisdiction scenarios: 

Under the Property Taxes Paid scenario, lands that are not conveyed into trust would be 

taxable and regulated by the State and local authorities; the Nation would not be able to 

exercise control over them. Added Federal protection under ARPA and NAGPRA to 

historically and culturally important sites on Group 2 and 3 lands would not be available 

to these lands. However, State and local regulatory controls would apply. Protection of the 

environmental resources, cultural resources and land resources would be provided under 

State laws to the extent they apply. Local authorities would govern these lands as 

authorized under State and local municipal law. 

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

on Group 2 and 3 lands that are omitted from trust status. These lands would come under 

State and local jurisdiction and the Nation would be adversely affected due to the 

alienation or foreclosure of these lands. As a result, the Nation would not have control or 
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possession of almost all the lands of cultural value that are integral to the tribe’s identity, 

lands that comprise the Nation’s other enterprises (Four Directions Production, SavOn gas 

stations, Standing Stone Gaming, retail outlet, wholesale distribution, warehouse facilities, 

sand and gravel quarry, marinas, CNY fiberglass and boat repair, crop rental on some 

agricultural land holdings), government and administrative buildings including those 

housing community services, member housing, wetland conservation areas and 

agricultural lands. These lands are essential to the self-preservation and identity of the 

Nation. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the current situation 

would persist over Group 2 and 3 lands which the Nation would continue to regulate. The 

local and State regulatory agencies have maintained that they have authority to regulate 

lands not in trust status. Meanwhile, the agricultural lands, forests, water resources, 

wetlands, air emission sources, cultural resources, waste collection, treatment and 

disposal, and protection of public health and safety on these lands would be administered 

by the Nation and Federal agencies. 

Alternative E. The approximately 225 acres of land comprising a portion of the Turning 

Stone Resort & Casino, part of two golf courses, related casino resort and golf course 

maintenance, parking and warehouse facilities, and one SavOn gas station and 

convenience store, would be conveyed into trust. The remainder of Group 1 lands and all 

of Group 2 and 3 lands would be excluded from trust status. Under this alternative, the 

Nation would regulate only the 225 acres. The land use, use and preservation of natural 

resources, operations of part of the Turning Stone Resort & Casino, golf courses and 

associated facilities within the 225 acres would come under the control of the Nation and 

would be exempt from taxation. A beneficial effect of this alternative would be the 

continued operation of the most significant part of the Nation’s revenue generating and 

job creating businesses. However, the potential loss of other Nation enterprises, housing, 

administrative facilities, community facilities and culturally important resources would 

diminish the net benefit of taking only the Turning Stone Resort & Casino lands into trust 

and not serve the Nation’s purpose and need (which is to protect and promote the 

Nation’s cultural and social preservation, expression and identity, political selfdetermination, self-sufficiency, and economic growth by providing and preserving a tribal 

land base and homeland that is secure from future alienation). The effect of not taking 

other lands into trust is addressed under the three different taxation/jurisdiction scenarios: 

Under the Property Taxes Paid scenario, the Nation would pay taxes on the Group 1, 2 

and 3 lands not in trust but the local and State governments would have the regulatory 

authority over these lands. By paying the taxes, the Nation would be able to retain the use 

of these lands but would not have control. The State and local authorities would be able to 

enforce their regulatory programs across all lands uniformly except on the 225-acre 

property. 
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Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would not pay 

taxes on the Group 1, 2 and 3 lands not in trust and the regulatory jurisdiction would 

default to the local and State authorities. In this scenario, the Nation would not have 

sovereign control over these lands and they would be alienated or foreclosed. In this case 

again, State and local authorities would be able to exercise regulatory jurisdiction 

uniformly across Nation and non-Nation lands. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would not 

pay taxes on lands not conveyed into trust but they would remain under the ownership 

and regulatory control of the Nation. Nation and Federal policies on environmental 

protection, land use, health and safety would be applicable. The State and local authorities 

have asserted that this is a disruption to services and programs governed by these entities. 

Alternative F. All of the parcels in Group 1 combined with the majority of parcels from 

Groups 2 and some of the Group 3 lands would be conveyed into trust. Excluded from 

Alternative F are the Group 3 lands contained within the Stockbridge-Munsee claim area. 

The lands identified under this alternative include the majority of the member housing, all 

of the Nation’s enterprises with the exception of the sand and gravel quarry (Parcel 94, 

Group2), all government facilities, all community service facilities, a majority of the 

significant archaeological and cultural sites, the gaming facilities and golf-courses (see 

Section 3.2.6.3 for detailed description of all uses on lands selected under Alternative F). 

These lands together constitute a relatively compact and contiguous cluster of 228 Nationowned properties spread across 11,986 acres. The most significant effect of taking these 

lands into trust would be upon the Nation. The Nation would be able to secure use of 

these lands in trust and benefit socially, culturally and economically. All trust lands 

constituting Alternative F would be under the control of the Nation, and would be 

regulated by the Nation. Nation policies on land governance, protection of the 

environment, health and safety of public on these lands would be applicable, as would 

Federal regulations for the protection and preservation of natural and cultural resources. 

Under this alternative State and local governments would not have regulatory jurisdiction 

on the 11,986 acres of trust lands. Land use regulation, environmental protection and 

public health and safety would continue under Nation policies and Federal jurisdiction on 

the lands conveyed into trust. However, the Nation would continue to protect 

environmental resources in a manner substantially consistent with State and local 

environmental regulations, and consequently, there would be general equivalency in the 

application of Federal, State and Nation environmental policies and standards across nonNation and Nation lands. 

The remaining 5,384 acres of lands not conveyed into trust comprise some Nation 

housing, archaeological properties, active and inactive agriculture including the Black 
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Angus beef farm and some hunting and fishing areas. The consequences under the three 

different scenarios are described below. 

Under the Property Taxes Paid scenario, the taxes on lands not conveyed into trust would 

be paid, and those lands would come under State and local jurisdiction. Even though these 

lands would remain under Nation ownership, the Nation would not have sovereign 

control of these lands. The land use and future development on these properties would be 

regulated by local and State standards. Protection under ARPA and NAGPRA would not 

apply to archaeologically important sites. 

Under the Property Taxes Not Paid - Foreclosure scenario, the Nation would not pay 

taxes on the properties not conveyed into trust, and they would eventually be alienated or 

foreclosed. The Nation would not have control over these lands. These lands would be 

regulated by local and State governments. Added protection to archaeological and historic 

resources available under Federal laws (ARPA and NAGPRA) would not apply to lands 

not held in Federal title. 

Under the Property Taxes Not Paid - Dispute Continues scenario, the Nation would not 

pay taxes on the lands omitted from conveyance into trust. These lands would continue to 

be regulated by the Nation under its policies and procedures, and subject to Federal 

regulation. The Nation would continue to consult and cooperate with local, State and 

Federal agencies on implementation of environmental standards and any future 

developments on Nation-owned lands. The local and State authorities have maintained 

that they should have the authority to regulate lands that are not in trust and that these 

lands should be subject to taxation. The dispute would continue. 

Alternative G. None of the lands owned by the Nation would be conveyed into trust with 

the Federal government. Four different scenarios may arise under the No Action 

Alternative: 

Under the Casino Closes and All Enterprises Close scenario it is assumed that the State’s 

position on the legal status of the Turning Stone Resort & Casino would prevail and the 

operation of the gaming facility, gas stations and tobacco sales would cease. This would 

have significant adverse effect on the Nation. Closure of the Turning Stone Resort & 

Casino and other enterprises would eventually bankrupt the Nation which would not have 

sufficient revenues to service the existing debt and meet tax liabilities. Ultimately, the 

Nation would not be economically sustainable and would be unable to fund its 

government and community services, and provide health care or housing to its members 

without total federal funding. The Nation would also be unable to protect or preserve 

cultural and historic resources important to the tribe’s traditions, leading to an erosion of 

its ancestral legacy and community life. The Nation would not have control over all active 

and inactive agricultural lands, conservation sites, archaeological and cultural properties, 

and hunting and fishing areas. Overall, under the No Action Alternative, all 17,370 acres 
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of Nation-owned lands would no longer be regulated under Nation’s policies and would 

revert to the jurisdiction and regulation of local and State authorities. The Nation’s land 

base would be eliminated. 

Under the Property Taxes Paid scenario, the taxes on all 17,370 acres of land would be 

paid, although none would be under trust status. All lands, including Nation residences, 

all of the cultural and archaeological sites, the wetland conservation site, the Black Angus 

beef farm, all SavOn gas stations, the public marinas, the Turning Stone Resort & Casino, 

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

programs are located, would come under the regulatory jurisdiction of the State and local 

governments. However, the Nation would retain ownership of these lands. The Turning 

Stone Resort & Casino would continue to operate under official standing, and all other 

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

would continue operations. Real estate taxes would be paid on all Nation lands along 

with any applicable excise and sales taxes related to Nation businesses located there. The 

Nation would not have sovereign control over any of its lands, although it may continue 

to support its services and programs with revenues generated from its enterprises. 

Under the Property Taxes Not Paid - Foreclosure scenario, taxes pertinent to the 17,370 

acres not entering trust would not be paid and regulatory jurisdiction of those lands would 

be under the State and local governments. The Nation would not have control over any of 

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

officially continue operations. However, since taxes would not be paid on any lands or 

business transactions, the 17,370 acres would be alienated or foreclosed. As this occurs, all 

of the Nation businesses would be shut down, and its governance, services and programs 

would cease in their current form and function relying completely upon federal funding. 

The Nation’s land base would be eliminated. 

Under the Property Taxes Not Paid - Dispute Continues scenario, taxes on the 17,370 

acres would not be paid and these lands would continue to be regulated by the Nation. 

Thus the Nation would retain ownership of these lands and regulate them under the 

Nation’s policies, codes and ordinances. The entire Turning Stone Resort & Casino along 

with the all of the other Nation enterprises would continue operations. The Nation’s 

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

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

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

omitted from trust. In this scenario, the dispute over the taxation and jurisdiction of the 

lands omitted from trust would continue. 

Overall, none of the No Action scenarios would meet the purpose and need of the Nation. 
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Summary 

With respect to the various trust action Alternatives (A through F), each involve different 

groupings of parcels of land which, depending upon the perspectives of the Nation, State 

and local governments, represent varying degrees of authority to assert regulatory control 

of the lands involved. From the Nation’s perspective, the trust process enables and secures 

their rights to self-governance and control of lands considered their ancestral homeland 

and within their reservation. The rights of self-governance, protection of sovereignty, 

treaty rights and government-to-government relationships have particular and unique 

meaning to tribes. Alternatives A through F provide the Nation varying degrees of control 

over their lands. Alternative G provides none. 

Conversely, the State and Counties have asserted that conveying lands into trust would be 

unprecedented in New York State and that lands held by the Federal government on 

behalf of the Nation would have profound negative effects on the various subdivisions, 

residents and citizens. They argue that the separation of lands from State and local 

regulatory jurisdiction threatens the regulatory scheme as a whole because environmental 

laws are effective only if they apply uniformly and equitably over an entire geographic 

area. The State also has asserted that trust status does more than exempt land from 

compliance with established State environmental and local laws, trust status may render 

those laws ineffective in the protection of surrounding lands which comprise the 

environment. 

With the exception of Alternative G (No Action), the State and local governments would 

not have the future ability to regulate uses and activities on Nation lands in trust. The 

lands in trust would, however, continue to be regulated by Federal laws which apply to 

tribal land and, to the extent that these laws are enforced in a manner consistent with 

State laws, provide environmental protection. The land will in addition be regulated by 

Nation laws and ordinances, many of which have been in place for nearly 10 years 

covering building construction, land use, public safety, and environmental protection. 

Through those policies, the Nation is committed to standards of environmental protection 

and conservation. The BIA’s experience around the United States is that the trust process 

provides an opportunity for tribes and local and state governments to enter into a broad 

range of cooperative agreements for the benefit of the environment and all parties 

involved. The BIA has numerous examples of where this approach has succeeded in the 

past and where effects, real or perceived, to the social and living environment have been 

avoided, minimized or mitigated altogether. These same opportunities exist in the case of 

the Nation’s application to convey lands into trust with the Federal government. Such 

voluntary agreements can serve as a mechanism to reduce or eliminate environmental and 

regulatory effects potentially arising from any one alternative or configuration of lands 

held in trust status.