As was expected, the end of the state Assembly’s extra session this week did not yield approval of a new gaming compact between the state and the Seneca Nation of Indians — though the Seneca Nation said in a news release it offered concessions during negotiations held this week.

Seneca Nation President Rickey Armstrong Sr. said the move, while expected, was still a disappointment while reiterating the nation’s displeasure with the existing compact. That agreement expires on Dec. 9, which gives a firm deadline for the state and Seneca Nation to come to an agreement on a new compact.

“The Seneca Nation negotiated with the state’s negotiating team over the last several days to come to an agreement on new compact terms while the Assembly was still in session,” Armstrong said. “If the Assembly was willing to take up the legislation, the nation was willing to make significant concessions from our previous agreement in principle. Unfortunately, we were not able to arrive at a revised agreement that met the needs of the Seneca people while also addressing the concerns of the Assembly and the Executive Office. It is disappointing that this important work was not completed before the Legislature adjourned. However, Assembly leadership has indicated a willingness to return to Albany once the Nation and the State are able to finalize fair terms for a new compact. That remains our goal.”

A new compact agreement had been reached in principal between state officials negotiating on Gov. Kathy Hochul’s behalf and the Seneca Nation in early June, but news that the compact included a new Seneca Nation casino in the greater Rochester area brought criticism from Rochester-area members of the state Assembly as well as Henry Wojtaszek, Western Regional Off-Track Betting CEO and president, who told Rochester-area media the gambling market is too saturated already and would only be more saturated if another casino in the Rochester area is opened. While Armstrong argues the Seneca Nation is at a competitive disadvantage due to other state gaming policies, Wojtaszek warned the 400 jobs at the Batavia Downs Casino could be in jeopardy if another casino opened. There are 10 gaming facilities within 100 miles of Rochester, including three video lottery terminals that paid $140 million in combined taxes to New York state last year.

Armstrong was also critical last week of Hochul for not being supportive enough of the agreed upon compact. Hochul has said she will defer to the state Gaming Commission because her husband, former U.S. Attorney William Hochul, works for Delaware North, which owns two racinos that compete with the Seneca Nation’s casinos. But only Hochul can actually sign off on a contract between the state and Seneca Nation. Armstrong pointed to opposition by Finger Lakes Gaming, which is owned by Delaware North, as signs Hochul and her negotiating team weren’t fully behind the new compact.

Legislative agreement on a compact is only the first step in the process. Terms would need to be approved by Seneca Nation citizens in a referendum vote and be approved by the federal Department of the Interior. The state Legislature also has to approve legislation authorizing Hochul to enter a new agreement — a process that would require a special session since the legislation that has been introduced didn’t pass before the end of the state legislative session.