Governor Kathy Hochul and Seneca Nation of Indians President Rickey L. Armstrong, Sr. today met in Buffalo and signed an extension of the current gaming compact between New York State and the Seneca Nation of Indians, which expires December 9, 2023. The extension runs through March 31, 2024 and will automatically renew unless one of the parties decides not to renew it or a new gaming compact is agreed upon. The terms of the compact are unchanged from before, and both sides will be meeting again in the coming weeks to continue negotiations on a long-term compact. 

"Today, I returned to Buffalo to meet with President Armstrong and memorialize an extension of the current gaming compact to ensure the State and Seneca Nation can continue working towards a long-term resolution," Governor Hochul said. "With the signing of this agreement, there is important momentum for negotiations around the compact. I remain committed to working with President Armstrong and the Seneca Nation in finalizing an agreement that is fair to all parties, and I look forward to more conversations in the coming weeks and months as we continue to meet."

Seneca Nation of Indians President Rickey L. Armstrong, Sr. said, “Over the last several weeks, our discussions with New York State, including face-to-face meetings with Governor Hochul, have centered, in part, on the potential extension of our current Compact, especially as the December 9 expiration gets ever closer. As a result of those discussions between our governments, the Seneca Nation and New York State have agreed to a short-term extension of our current Compact. As important, we have agreed to continue negotiations on a new Compact. This short-term extension will provide additional time for our governments to complete Compact negotiations and to seek all necessary approvals in accordance with Seneca Nation, New York State, and federal law. Under the extension, our three gaming properties will continue to operate without interruption, alleviating any concerns about potential impacts on our thousands of casino employees, which was a priority for the Nation. In our discussions, Governor Hochul has expressed a desire to reset the relationship between our governments. No issue is of greater importance to the economies of Western New York and the Seneca Nation than a fair Compact. Tens of thousands of individuals, families and businesses across Western New York depend on an agreement that secures the significant jobs, business opportunities, and economic benefits the Seneca Nation delivers to the Western New York economy. The short-term extension of our Compact is an important step, but even more important work remains to be done. The Seneca Nation remains committed to negotiating honestly and directly with New York State on a Compact that provides a fair and equitable economic and competitive environment for our gaming operations and the many people who depend on them.” 

The contract, officially known as the Seneca Nation Compact, expires on Dec. 9 -- just 15 days away.

Gov. Kathy Hochul and Seneca Nation leadership thought they had a preliminary deal five months ago but that was quashed by state lawmakers when it was learned – after the fact -- that the new compact terms included placement of a Seneca Nation-operated 

Press Release:

Sen. George Borrello renewed his call for Gov. Kathy Hochul to meet with Seneca Nation of Indians President Rickey Armstrong Sr. as soon as possible to negotiate a new gaming compact before the current agreement expires on Dec. 9. 

Borrello noted that he sent a letter to the Governor on Sept. 20, urging her to start negotiations before time ran out. Since then, another month has passed with no action.  

“The clock is ticking on the expiration of the current compact with just 52 days left. As the only New York State official who can approve a gaming compact between the state and the Seneca Nation, it’s imperative that Hochul agree to a meeting with President Armstrong,” Borrello said. “President Armstrong has repeatedly asked the governor to sit down with him and negotiate an agreement in good faith that is fair and addresses the needs of all parties, yet she continues to avoid the bargaining table.”   

Borrello noted that any agreement would need to be approved by the state Legislature and the people of the Seneca Nation before it can be sent to the Federal Department of Interior for review and final approval.   

“This agreement is essential for the economic well-being of Western New York. The Seneca Nation’s casinos have a $1 billion annual impact on our economy. The livelihoods of tens of thousands of individuals, businesses, and families across Western New York depend upon a new compact. The future of those New Yorkers is hanging in the balance,” Borrello said.  

Hochul had recused herself from the negotiations, arguing her husband’s business ties with Delaware North could lead to a conflict of interest. William Hochul left Delaware North on Aug.15, and Hochul issued a statement saying she was no longer barred from the gaming compact negotiations.  

“Now that the governor is no longer recused, there is no reason for her to delay meeting with President Armstrong,” Borrello said. “Time is running out. We need to get this done.” 

Borrello’s district encompasses both the Allegany and Cattaraugus territories of the Seneca Nation of Indians.

“The Seneca Nation territories and its residents are within the 57th Senate District, so this issue is a priority for me. Seneca Nation members and businesses are a significant part of our lives and culture, and I am proud to represent them in the State Senate,” Borrello said. “Their world-class gaming facilities and resorts are an important part of the hospitality and tourism economy of Western New York.  The people of the Seneca Nation deserve a fair and equitable compact.” 

The original Seneca Nation Compact was authorized in 2002. The agreement cleared the way for the development of three Seneca casinos in Western New York.   

Terms of the compact included the Seneca Nation paying 25 percent, approximately $100 million per year, of the slot and video lottery machine revenue from the casinos to the state, with a portion of that money directed to each casino’s host city. In return, the compact granted the Seneca Nation exclusive rights to operate Class III casinos in Western New York.  

With no one representing the “power block” of Erie and Monroe counties and the City of Buffalo, this morning’s meeting of the Western Regional Off-Track Betting Corp. board of directors was absent of any official business.

Instead, 12 of what in time will be 17 directors received updates on

On Friday, New York Assembly leaders – following a protest in Rochester by unionized gaming workers -- announced that the chamber will not vote on a new 20-year compact between the state

That’s the stated view of Henry Wojtaszek, chief executive officer and president

As negotiations on a new gaming compact continue between New York State and the Seneca Nation, Sen. George Borrello has introduced legislation that would enhance the integrity of the process by authorizing the New York State Comptroller to review any tribal-state compact and recommend approval or needed changes.

Senator Borrello cited the need for this change by pointing to current negotiations between the Seneca Nation and the Hochul administration. He noted that although the Governor has recused herself from compact negotiations because of the conflict of interest presented by her husband’s position with a company in competition with the Seneca Nation, she is still the only official that can approve the contract.  

“The partnership between the Seneca Nation and New York’s executive branch has been strained for several years, largely over disagreements concerning revenue from Seneca casinos. Those tensions, combined with the Governor’s institutional role in the process which makes full recusal difficult, underscore the importance of a full and impartial review by the State Comptroller,” said Senator Borrello. “There is too much at stake, not only for the Senecas but for the state, to allow the process to be compromised by politics and conflict. This is a common-sense proposal that would improve the process and help ensure a fair outcome.”  

The original Seneca Nation Compact was authorized in 2002. The agreement cleared the way for the development of three Seneca casinos in Western New York.  The Seneca Niagara Casino opened in 2002, followed by the Salamanca location in 2004 and the Buffalo location in 2007. Terms of the compact included the Seneca Nation paying 25 percent, which is approximately $100 million a year, of the slot and video lottery machine revenues to the state, with a portion of that directed to each casino’s host city. In return, the compact grants the Nation exclusive rights to operate Class III casinos in Western New York.  

The casinos and their related businesses have an estimated $1 billion annual economic impact on Western New York and provide more than 6,000 jobs. 

“The Seneca Nation territories and residents are within the 57th District which makes this issue a priority for me. They are friends and neighbors to me and other district residents, so the delays and challenges they are encountering in the negotiating process are a significant concern,” said Senator Borrello. “Their world-class gaming facilities have transformed the economy of Western New York and they have been good partners to the state. They deserve a fair and equitable compact and my bill would help advance that goal.” 

WHAM 13 is among the stations reporting that the tribe wants to expand to the Rochester suburb.

Michael D. Kane, president and CEO of Western Region OTB, said this afternoon, there will be no Seneca-owned casino in Henrietta, at least not any time soon.

"Under the current statutory scheme, they will not be able to put a casino in Western New York," Kane said. "Without a statutory change, which isn't likely to happen in today's environment, they cannot do what they're looking to do."

Kane said he isn't really sure what prompted the Seneca's to announce an interest in a casino in Henrietta when something like that happening at this time is more of a dream than even a hope.

"If casino gaming became regulated in New York State rather than prohibited, then perhaps they could fashion some agreement with the federal government to do it," Kane said. "From my point of view, there's no change in enforcement from today than there was yesterday."

Western OTB runs Batavia Downs Racetrack and Casino which, under terms of an agreement between the Senecas and Gov. Andrew Cuomo, is blocked from expanding into a full-fledged casino.

According to WHAM, the Senecas have hired Flaum Management to "coordinate the development" of a casino.

"This is an exciting day," CEO David Flaum said. "I am profoundly grateful for Seneca Nation for choosing me. I hope to assist them in bringing a casino here."

Kane said Flaum has been a consultant for the Senecas for 12 years.

Also, see the Rochester Business Journal: Seneca Nation to work with Flaum on gaming, hospitality development here.

The NYS Legislature took a big step yesterday toward opening up so-called racinos to more casino games, but capped the number of race tracks that can expand at seven.

Western Regional OTB board member Dick Siebert told WBTA that he's very concerned that Batavia Downs is being excluded from the expansion.

“Buffalo Raceway and Batavia Downs are the closest raceways to the Senecas' casinos (in Niagara Falls and Allegany), and they’re the ones putting the heat on the state,” Siebert points out. “So I’ve got a strange but very sound feeling that we’re the two being targeted.”

The seven target locations have not been disclosed.

The Senecas believe they have an exclusive lock on gambling in New York and the legislature may have caved to pressure from the Senecas by excluding Buffalo and Batavia from the expansion.

“They’re behind it,” Siebert said. “They’ve got money, and they’re throwing it around. They don’t want the competition. But not having Batavia Downs be a full casino hurts Western New York a lot more than what might happen to the Senecas.

“I’ll probably get myself in trouble to say it – but it’s the truth,” Siebert added.

Michael Kane, CEO of the Western Regional OTB remains hopeful, however.

“I don’t think it takes Batavia Downs out of the mix at all,” Kane says. “I think the number was just negotiated between the governor and the two houses.”

During a rally Sunday just south of the Route 438 Thruway overpass, [Seneca President Barry E. Snyder Sr.] read a letter from Gov. David A. Paterson in which the governor indicated his desire to begin talks with the Indian nation about the dispute over tax collection on cigarettes sold by Native American merchants to non-Indians.

It sounds as if the governor is considering backing off from enforcing the law that he himself signed in December that requires wholesalers to show to the state tax department that they are not selling tax-free cigarettes to retailers. If they fail to comply, they could be charged with perjury. In the meantime, a justice of the state Supreme Court "issued a temporary restraining order ... that blocks the state from enforcing its policy."

Paterson spokesman Morgan Hook said he would not comment on a private conversation between the governor and Snyder, but he did say a negotiated compromise on the cigarette tax issue “is an avenue [Paterson] would like to take.”

“The governor sees it as a window of opportunity,” Hook said.

What exactly would Gov. Paterson negotiate? This seems to be a pretty cut and dry issue. Either the state enforces the law or the law is repealed. Can you see any compromise on this?