State DOT and Senecas spar over repairs

IRVING, N.Y. (WIVB) - A representative of the Seneca Nation confronted the commissioner of the State Department of Transportation on the southern tier on Thursday.

At the center of the dispute between the Nation and NYS is tens of millions of dollars. It's money the state may steer away from rundown roads and bridges on Nation territory.

DOT Commissioner Joan McDonald said, "We are not willing to make a direct payment to the Senecas, when they are not willing to make their direct payment to the State of New York. It's that simple."

The state is threatening to reallocate funds for projects on Seneca Nation territory.

Nation President Robert Odawi Porter said, "This is retaliation. The State of New York is retaliating against the Seneca Nation and all of the people affected by the Seneca Nation, and the non-natives who live in our area, because of its belligerence and its willingness to cheat us on gaming issues."

The dispute revolves around $47 million for repairs to roads and bridges in the territory. But the relationship between the state and the Senecas is deteriorating faster than the roadways.

The state is asking the Nation to use casino revenues that the Senecas are withholding to pay for administrative fees required by the Nation. President Porter called it "typical Albany gamesmanship."

"In the last 24 hours, we received a rumor, phantom myth of a communication that the state wants us to use dollars held in dispute over the gaming exclusivity, to somehow use that to pay the state's share of this tariff fee. Only a fool would consider such a proposal," Porter said.

Meanwhile, the repairs on the Nation's territory are on hold, and the funds could go to other WNY roadway projects.

McDonald said, "Safety is our top priority. If the roadway or bridge were unsafe, we would close them."

Porter is calling on the federal government to investigate why the state is refusing to use funds allocated to the state in the 1990s for repairs on the Seneca Nation territory.