By Eileen Buckley
Buffalo, NY – The Seneca Nation of Indians are calling on President Barack Obama for his help to address grievances about the New York State Thruway Authority.
The Senecas say the Thruway Authority has illegally occupied a three-mile swath of land across the Nation's Cattaraugus Territory.
Seneca president Robert Odawi Porter wrote at letter to the White House. He said top state officials have consistently refused, for years, to discuss the Thruway easement issue.
"The Thruway easement issue is not new for the state or the Seneca Nation. For 60 years and clearly and emphatically over the past decade, we asked state officials to discuss long-standing, legitimate grievances the Nation has over the illegal Thruway right-of-way on our sovereign territory," President Porter said.
The following information was included in Porter's letter to President Obama:
" seeking the United States' involvement and assistance in resolving the nearly 60-year unauthorized occupation of 300 acres of the Nation's Cattaraugus Territory by the State of New York for purposes of constructing and maintaining the New York Thruway.
"Because the United States did not consent to an October 5, 1954 conveyance of an easement to the state for the Thruway, made under duress by the Seneca Nation, the easement obtained by the state violated the federal Non-Intercourse Act and was void from its inception. The state's continuing occupation of Seneca land for purposes of the Thruway for nearly 60 years is a continuing violation of federal law that must be resolved.
"The United States' involvement is necessary because - despite the clear violation of the Non-Intercourse Act by the State of New York - the Nation's claim against the state in the absence of the United States' direct involvement and participation has been determined by the Federal Courts to be barred by the states' Eleventh Amendment immunity. The Nation is therefore left with a clear right, but no remedy that the Nation can effectuate itself.
"The United States' involvement is urgently needed to protect the Seneca Nation's land against this continuing violation of federal law by the State of New York, and the continuing unauthorized occupation of its lands by the state."
"The Seneca Nation calls upon President Barack Obama, on behalf of our Treaty partner the United States, to act on the commitment made by President George Washington over 200 years ago to protect' the Nation in all of its just rights,' and to honor the commitment made in the 1794 Treaty of Canandaigua to protect the Seneca Nation in the free use and enjoyment of its lands.'
"Such action would also honor the recent commitment made by the United States in adopting and supporting the United Nations Declaration on the Rights of Indigenous Peoples, which among other things requires the United States to provide effective mechanisms for prevention of, and redress for any action which has the aim of dispossessing [indigenous people] of their lands, territories or resources,' and recognizes the right to redress for lands, territories and resources which [indigenous people] have occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.' "