§ 1774. — Findings and purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1774]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER VIII--SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT
Sec. 1774. Findings and purposes
(a) City of Salamanca and congressional villages
The Congress finds and declares that:
(1) Disputes concerning leases of tribal lands within the city
of Salamanca and the congressional villages, New York, have strained
relations between the Indian and non-Indian communities and have
resulted in adverse economic impacts affecting both communities.
(2) Some of the significant historical events which have led to
the present situation include--
(A) beginning in the mid-nineteenth century, several
railroads obtained grants or leases of rights of way through the
Allegany Reservation without Federal authorization or approval
and on terms which did not adequately protect the interests of
the Seneca Nation;
(B) after construction of these railroads, Allegany
Reservation lands were leased to railroad employees, persons
associated with the railroads, residents of the city and farmers
without Federal authorization or approval and on terms which did
not adequately protect the interests of the Seneca Nation;
(C) none of these leases had Federal authorization or
approval and, after the courts ruled these leases invalid,
Congress enacted the Act of February 19, 1875 (18 Stat. 330),
confirming existing leases of Allegany Reservation lands,
authorizing further leasing by the Seneca Nation, and making the
confirmed leases renewable for a twelve year period;
(D) the Act of September 30, 1890 (26 Stat. 558), amended
the 1875 Act by substituting a renewal term of ``not exceeding
ninety-nine years'' for the original renewal term of twelve
years; and
(E) in 1952 the Seneca Nation filed a claim with the Indian
Claims Commission against the United States for use of improper
lease fees, and in 1977 a settlement was reached regarding such
claim, providing for the payment of $600,000 to the Seneca
Nation covering the period beginning in 1870 to the end of 1946.
(3) An analysis of historic land values indicates that the
payments made under the original lease agreement and under the
settlement described in paragraph (2)(E) were well below the actual
lease value of the property.
(4) The approaching expiration of the Salamanca and
congressional village leases on February 19, 1991, has created
significant uncertainty and concern on the part of the city of
Salamanca and Salamanca residents, and among the residents of the
congressional villages, many of whose families have resided on
leased lands for generations.
(5) The future economic success of the Seneca Nation, city, and
congressional villages is tied to the securing of a future lease
agreement.
(6) The Federal and State governments have agreed that there is
a moral responsibility on the part of both governments to help
secure a fair and equitable settlement for past inequities.
(b) Purpose
It is the purpose of this subchapter--
(1) to effectuate and support the Agreement between the city and
the Seneca Nation, and facilitate the negotiation of new leases with
lessees in the congressional villages;
(2) to assist in resolving the past inequities involving the
1890 leases and to secure fair and equitable compensation for the
Seneca Nation based on the impact of these leases on the economy and
culture of the Seneca Nation;
(3) to provide a productive environment between the Seneca
Nation and lessees for negotiating the leases provided for under the
Agreement;
(4) to provide stability and security to the city and the
congressional villages, their residents, and businesses;
(5) to promote the economic growth of the city and the
congressional villages;
(6) to promote economic self-sufficiency for the Seneca Nation
and its members;
(7) to promote cooperative economic and community development
efforts on the part of the Seneca Nation and the city; and
(8) to avoid the potential legal liability on the part of the
United States that could be a direct consequence of not reaching a
settlement.
(Pub. L. 101-503, Sec. 2, Nov. 3, 1990, 104 Stat. 1292.)
References in Text
Act of February 19, 1875 (18 Stat. 330), referred to in subsec.
(a)(2)(C), is act Feb. 19, 1875, ch. 90, 18 Stat. 330, as amended, which
is not classified to the Code.
Act of September 30, 1890 (26 Stat. 558), referred to in subsec.
(a)(2)(D), is act Sept. 30, 1890, ch. 1132, 26 Stat. 558, which is not
classified to the Code.
Short Title
Section 1 of Pub. L. 101-503 provided that: ``This Act [enacting
this subchapter] may be cited as the `Seneca Nation Settlement Act of
1990'.''
Section Referred to in Other Sections
This section is referred to in section 1774d of this title.
