Akwesasne land claim fears mount

At least one Mohawk council in Akwesasne has signed onto a final settlement agreement concerning a land claim that has been in the courts for more than 40 years, which some say could have devastating consequences for the future of land claims for all Mohawk communities.

The St. Regis Mohawk Tribe (SRMT) confirmed in a press release on December 11 that they had signed the agreement, calling it a “significant milestone.”

But the agreement has been controversial in the community, with many vocally opposing its contents.

“I want a voice, and I want my voice to be heard,” said Ahkwesahsró:non Trent David. Last Thursday, David was arrested at the Akwesasne Mohawk Casino, where a St. Regis Mohawk Tribe (SRMT) meeting was being held. He had secured himself to a bench in the lobby, and was ultimately removed from the premises. He will be attending court for charges of resisting arrest and trespassing later this month.

“Right now, I’m begging for my voice to be heard, and I’m being ignored by people in government,” David said.

Historian and scholar Gerald Taiaiake Alfred, who is from Kahnawake, said he’s especially concerned about a 2014 memorandum of understanding (MOU), which he said could have implications for Kahnawake.

The MOU contains a clause referring to the potential “extinguishment” of Mohawk land claims.

“If it passes, it’s still my belief and my opinion that the inclusion of that 2014 MOU with the extinguishment language jeopardizes any future assertion of our rights in American courts,” he said.

Mohawk Council of Kahnawake (MCK) grand chief Cody Diabo said that MCK is currently monitoring the situation.

“We definitely have to relook at it now. If they settle on something, it should only be about their community and not bringing in anyone else,” Diabo said.

“If they’re talking about all Mohawk rights, that definitely makes us concerned.”

Diabo said that the Council are planning to start looking at more legal aspects of the situation. He said that there is not a set timeline or action that the Council intends to take,

“We probably won’t have something before the New Year, but there are definitely some things that concern us,” grand chief Diabo said, while MCK chief Jeffrey Diabo made a Facebook post earlier this month stating that Council will “likely be submitting a position opposing it.”

History of the land claim

The origins of the land claim date back to 1796, when the Treaty with the Seven Nations of Canada was signed, marking a cession of certain lands to the State of New York and the reservation of certain lands for “St. Regis Indians.”

Flash forward to 1982, and the Canadian St. Regis Band of Mohawk Indians (now known as the Mohawk Council of Akwesasne (MCA)) filed a lawsuit with the district court against the State of New York, arguing that New York illegally purchased the land, and claiming rightful ownership based on the Seven Nations of Canada Treaty.

In 1986, the MCA, the SRMT, and the Mohawk Nation Council of Chiefs (MNCC) formed a tri-council, and in 1989 the suit became a joint venture.

It wasn’t until 2004 that the draft settlement agreement was put up for a referendum, with the majority of Longhouse members refusing to participate in the vote for traditional reasons. Of the 1,149 people that voted, 65% voted “yes” to the agreement.

“In 2004, I was 12 years old,” said David, who this week released a petition demanding a new referendum.

“How is it even possible that they’re using a vote from 20 years ago?”

In March of 2005, the US Supreme Court ruled in the City of Sherrill vs. the Oneida Nation, which stated that if substantial time had passed, a nation could not reassert sovereignty over traditional lands, complicating further claims to land by Akwesasne.

In 2005, a representative of Ganiekeh, sent a letter to then-president George W. Bush, stating that certain treaties including the Seven Nations of Canada treaty are deemed illegal because they were signed by Mohawks who “claimed to have represented the Mohawk Nation and who truthfully had extinguished their citizenry by enforcing and adhering to the laws of a foreign government.”

The letter states that the United States is therefore “in possession of stolen property.”

2014 MOU

In 2014, a MOU was made between the County of St. Lawrence, the SRMT, and the State of New York. Within it is a clause that states that the New York Power Authority (NYPA) enters the MOU endorsing a negotiated settlement that requires “an Act of Congress to forever extinguish all Mohawk land claims prior to the Settlement Agreement.”

The MOU was signed by SRMT tribal chiefs, the president of the NYPA, the governor of New York, and the chairman of the St. Lawrence County Legislature – though the clause regarding the extinguishment of land claims was not agreed to by the SRMT, instead included as something that the NYPA and State of New York endorse.

More legal procedure ensued, and eventually, in June 2023, the New York State legislature pre-authorized New York governor Kathy Hochul to sign a settlement agreement with “terms considerably consistent to” the 2014 MOU.

In the proposed final settlement agreement, which has been viewed by The Eastern Door, it is stated that the 2014 MOU is “made fully a part of this agreement.”

Alfred said he’s deeply concerned about what that could mean going forward.

“It’s very clear, page one of the final text of the agreement says that all memorandums of understanding included are fully incorporated and ratified by virtue of signing the agreement,” Alfred said. “There’s no way to argue that the 2014 MOU isn’t relevant, when the settlement agreement says that it is fully incorporated, and I believe that the clause is going to have an impact on the Nation’s ability to pursue recognition of our inherent rights.”

Some discussions have suggested that the MOU will not necessarily be incorporated into the law that’s eventually passed by Congress – the SRMT, the MCA, and the MNCC did not technically agree to the extinguishment of land claim rights.

Alfred said that signing the agreement is too big a risk to take.

“You have to ask yourself, as a Mohawk, do you trust Donald Trump’s Congress to not extinguish our rights when they, a) have the power to do so in American law, and b) it’s an option presented to them in this final settlement agreement,” he said.

Promises in the agreement

The settlement agreement includes free tuition at State University of New York (SUNY) universities for Ahkwesahsró:non, hunting and fishing rights, and a provision for low-cost power.

There is also a provision for a $2 million payment per year for 35 years, totalling $70 million, which will be paid by the NYPA to SRMT, MCA, and MNCC.

David said these benefits are, at first glance, tempting.

“For a long time, I was for this settlement, I actually only changed my stance on it last year,” said David, who had attended SRMT information sessions about the land claim. “From their info, I loved the land claim. I thought, we can’t get any better.”

He took action to learn more about the claim.

“I started going to Longhouses and talking with individuals, and SRMT is not saying the fine print and what will happen in the long run,” he said. “They’re really just banking on the complacency of the people to not even look into this.”

Council positions

The SRMT declined The Eastern Door’s request for an interview about its decision to sign on to the final settlement agreement on December 11.

The Mohawk Council of Akwesasne also declined The Eastern Door’s request for an interview, stating that MCA chiefs are “engaging with community members within their jurisdiction to gather their insight on the New York State Land Claim Settlement Agreement.”

On Thursday afternoon, the MNCC shared a press release stating that they would no longer recognize Howard Thompson, a Wolf Clan Roiá:ner (chief) in part due to his engagement with New York State, SRMT, and MCA on the land claim settlement.

“By tying the People of the Longhouse/Mohawk Nation Council of Chiefs/Haudenosaunee Confederacy to this settlement, it inadvertently accepts the legitimacy of the 1796 treaty; which confirms a consensual surrender of our land in New York State,” the release reads.

“We share this notification now, as we cannot wait until after he signs an agreement that could potentially destroy our inherent claim to our ancestral lands.”

The MNCC were not available for an interview about the settlement agreement before deadline, but Louise Herne McDonald, MNCC Bear Clan mother, told The Eastern Door“We are greatly opposed to it as it reads.”

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