Our conversation with Shinnecock Indian Nation leaders

Daily Point

Land, gambling, marijuana and more

The Shinnecock Indian Nation will soon welcome the return of 4.5 acres of land in Southampton, property that includes sacred burial grounds known as "Sugar Loaf Hill."

"We will be fierce in protecting ancient burial sites," attorney Tela Troge told the Newsday editorial board Thursday. The Shinnecock Nation also is seeking to identify more parcels in the Shinnecock Hills area that was once part of its tribal territory. The Southampton Town board on Tuesday approved a $5.3 million purchase of a conservation easement for the land using money from its Community Preservation Fund.

Troge, along with Bryan Polite, chairman of the council of trustees, Randy King, vice chairman, and trustees Sachem Williams and Germain Smith met with the board Thursday to discuss economic development initiatives, as well as their frustration with New York State regarding issues including casino gambling, marijuana sales and the building of a gas station on Sunrise Highway.

The representatives said they are moving ahead with an environmental impact statement needed for federal approval of its two decades-old effort to build a gaming facility. The nation is partnering right now with Tri-State Partners and the Seminole Tribe, owners of the Hard Rock brand. Polite said current plans call for 100 video slots and 30 gaming tables at a site just off Montauk Highway. "We will do it the right way and not put any undue stress on our environment," said Polite.

The nation has the right under federal law to build such a casino without state approvals but for years it has been trying to leverage that power with New York officials to obtain a state license that would allow a casino to be built elsewhere on Long Island or in New York City. "We don’t understand why we can’t get a seat at the table," said King. The Shinnecock representatives also said the state Department of Transportation is being unduly adversarial as the nation seeks to build a gas station plaza on Sunrise Highway.

The Shinnecocks, who will cultivate marijuana on about 2.5 acres of their land, anticipate the tribal council could approve adult recreational use sales before the end of the year, earlier than state-licensed dispensaries. Revenue from these projects will allow for the construction of new homes, schools and other infrastructure on their land, the trustees said.

Despite charging a lack of cooperation from the state, the tribal representatives said their future looked bright. The current national focus on past discrimination might finally allow some of their long-standing land claims to be recognized, they said. They were also encouraged by early signals of support from the Biden Administration for indigenous groups. "This is really an exciting, powerful, energetic time for us,’ said Troge.

— Rita Ciolli @ritaciolli

Talking Point

Let’s make a deal

Welcome to the insanity that comes with the last week of the state legislative session, where bills rise from the dead, and where the constant, behind-the-scenes deal-making means anything’s possible.

As of Wednesday, a bill to separate the Metropolitan Transportation Authority’s chair and chief executive roles had been pulled and thought dead. During a tumultuous day, the word from multiple sources was that the legislature would likely leave without doing a thing about the MTA, even as current Chairman and Chief Executive Pat Foye was planning to depart next month.

Gov. Andrew M. Cuomo, meanwhile, remained publicly quiet throughout the tumult.

Then, by Thursday, it seemed a resurrection had occurred.

A source told The Point it was "highly likely" that a bill separating the MTA’s chair and CEO positions would be reintroduced Thursday. The only difference is that the CEO would have to be confirmed by the State Senate. In prior versions, the CEO job wouldn’t require Senate confirmation.

The lateness of the deal would require a message of necessity, a tool the governor can wield when a bill doesn’t have time to age the required three days. Luckily for Cuomo, who wanted the jobs separated, there’s another bill, sought by progressives, that may also require a message of necessity: The Clean Slate legislation that would automatically seal criminal records after a certain period of time needs a technical fix.

And so, a deal apparently was born.

If the bill to separate the MTA positions does go forward, the Senate won’t be holding confirmation hearings in the dead of night. Instead, the Senate would come back later this month to handle the confirmations of both spots, according to the source.

Cuomo had selected interim New York City Transit President Sarah Feinberg as chairwoman and current Chief Development Officer Janno Lieber as CEO. While lawmakers have seemed comfortable with Lieber, Feinberg, who would be the first female MTA chair, has come under sharp criticism in recent days. There was concern she is too close to the governor, too critical of NYC Mayor Bill de Blasio, and too focused on adding cops to the subways.

Of course, heading Transit is far different from holding the position of MTA chair. And Feinberg has led organizations before, since her prior job was serving as administrator for the Federal Railroad Administration.

Even Thursday, however, not everyone was on board with the new deal. Reinvent Albany emerged with a statement asking the legislature not to pass a bill splitting the roles. And Transport Workers Union International President John Samuelson tweeted, "Why rush this through so hastily?"

Despite those concerns, it’s unlikely the latest Albany deal would be made if Feinberg, too, couldn’t perform a resurrection — and get through confirmation when the time comes.

— Randi F. Marshall @RandiMarshall

Pencil Point

The cybercriminals ate my homework

For more cartoons, visit www.newsday.com/nationalcartoons

Final Point

Change in the line-change lineup

As the New York Independent Redistricting Commission gears up for its first-ever decennial plunge into political map-drawing, there’s a substitution on the roster.

One of the panel’s Republican members, former State Sen. George Winner, says he decided to bow out rather than file an extensive financial disclosure he believed he shouldn’t have to submit.

Winner, a lawyer from Elmira who once served on the Senate Elections Committee, told The Point he’d learned well after his selection that the disclosure rule known as 73(a), written for state and legislative officers, would apply to the commission’s 10 members.

"A supposedly independent commission is suddenly not independent," Winner said, adding that he didn’t wish to create unnecessary complications for the law firm where he practices, and his departure was a matter of principle.

To fill the vacancy, Senate GOP Minority Leader Robert Ortt of Niagara County picked lawyer John J. Conway III of Albany, who said Tuesday he has signed the necessary oath and is submitting other paperwork.

For his part, Winner said of the commission, begun in 2014 as an anti-gerrymandering measure: "It’s going to be a real challenge to get it done timely. I think they [the commission] will try real hard. They’ve got a good bunch of people."

Census delays due to COVID-19 were a factor in putting off preparations. Funding for the commission’s work reportedly has come through, also after some delays.

Chairman David Imamura, a Democratic attorney from Westchester appointed by Senate Majority Leader Andrea Stewart-Cousins, said Tuesday, "We have every expectation we will meet every statutory deadline." The next deadline: releasing new legislative maps by Sept. 15, with public hearings to follow. Then the commission must combine Senate and Assembly plans in one proposed bill to be submitted to the Legislature by Jan. 1.

New Congressional and state lines resulting from the process are due to take effect for the 2022 elections. First, state residents will vote this November on a constitutional amendment that would alter a few ground rules for the still-to-be-executed redistricting plan. Among the terms: The party that controls the Senate (currently the Democrats) could make changes to a proposed commission map with a 60% rather than 2/3 vote; the number of Senate seats would be limited to 63, and inmates would be counted at the place of their last residence for redistricting. Archaic language regarding noncitizen "aliens" would be removed along with a rule regarding how city blocks are allocated between districts.

Experts in both major parties seem to believe these institutional changes, if the amendment passes, would have a greater chance of affecting elections in 2032 rather than next year. But further debate and discussion on the ballot proposal is likely to wait, at least until autumn approaches.

— Dan Janison @Danjanison

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