Gj-10 - Wilmot Bruno Letter 0402

NEW YORK STATE SENATE JOSEP H L. BRU NO J3RDDISTRlCT PRESI DENT PRO TEMAND \\AIORI11' LE..\.DER

04/03/02 Da l e - --

Abe Lackman

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Cc: Ken Ridden

GOVERNMENT EXHIBIT GJ-IO

CAY\VIL GROUP,

L.L.C.

GAMING & (ASrNO MANAGEMENT

March 27, 2002

APR 0 i 2UQ2 Honorable Joseph Bruno President Pro Tern and Majority Leader New York State Senate Legislative Office Building Room 909 Albany, New York 12247

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TE~APORARYPRESIDENT

Dear Senator Bruno: On behalf of the Seneca-Cayuga Tribe and its development team, thank you for meeting with us last week to discuss the Tribe 's interest in developing a gaming facility in Niagara Falls and in the Tribe's claim area. In reviewing our discussion, it has become clear that there is considerable confusion regarding the Governor's commitment to deal exclusively with the New York Senecas in western New York . To be blunt, the MOU between the Governor and Senecas does not limit the Governor or the Legislature, for the matter, from dealing with the Seneca-Cayuga Tribe. The first paragraph of the MOV states "nothing herein shall be binding upon either party, unless and until the same is formally ratified according to procedures implemented by each party for doing so." Moreover, the paragraph titled " Exclusivity and Revenue Share" states "unless any other federally recognized Indian Nation with a reservation located within the State of New York as of the effective date of the Compact seeks a Gaming Compact with the State, the State agrees that the Nation shall enjoy total exclusivity with regard to electronic gaming devices". It seems clear that any exclusivity with the Seneca Nation of Indians is not created by the MOU but by a subsequent Gaming Compact. We all know that such a Compact has not been negotiated and ratified by either the State of the Seneca Nation. It is equally clear the Governor did not surrender his authority to negotiate a Compact with another Indian Tribe. Quite the contrary, the MOU anticipates that the Governor may do so.

1265 Sconsville Road' Rochester, New York 14624 .. 585.i1 64.9400

The Honorable Joseph Bruno Page Two March 27, 2002

In sum, there is no legal impediment barring the Governor from entering into a Compact with the Seneca-Cayuga Tribe. Again, thank you for your time and attention. Very truly yours,

.e: Jv.)

cayw~rOUP~L~~ Thomas Wilmot