$ 31.

Exchange of reservation lands of the Seneca Nation of
Indians.

1.

Notwithstanding any other provision of law, the Seneca Nation of Indians which owns and occupies reservation lands or any real property interest therein as the common property of the Seneca Nation may, by the act of the Seneca Council and, if required by federal statute or treaty, with the approval of appropriate federal officials, grant and convey any such lands or real property interest therein to the state for the construction of Route 17 (Southern Tier Expressway) upon such terms and conditions as the Seneca Council shall deem to be just and reasonable. The terms lands and real property interest therein as used in this section shall include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said terms and includes also any and all interests in such land and property less than full title, such as permanent or temporary easements, right-of-way uses, leases, licenses and all other incorporeal hereditaments, and every estate, interest or right, legal or equitable.

2. Notwithstanding the provisions of any other law, the commissioner of transportation is hereby authorized, where such property is identified and requested_by_ the Seneca Nation, to acquire property outside the Seneca reservations, in the same manner as other property is acquired for state highway purposes pursuant to this chapter or to use property under the jurisdiction of the department of transportation, to be exchanged in whole or in part on terms beneficial to the state for Seneca reservation lands or real property interests therein acquired or to be acquired from the Seneca Nation for the construction of Route 17 (Southern Tier Expressway). In order to effect any such exchange the commissioner of transportation is hereby authorized to execute and deliver, in the name of the people of the state, a quitclaim of, or a grant in and to, such property, to the Seneca Nation involved to hold for the benefit of the Nation. Each such instrument of conveyance shall be prepared by the attorney general and, before delivery thereof, shall be approved by him as to form and manner of execution.

3. Any property granted and conveyed to the Seneca Nation of Indians in exchange for reservation lands or interests in real property pursuant to the provisions of this section shall thereafter be Indian reservation lands, enjoying all the rights and privileges and subject to all the limitations which now or hereafter shall inhere in Indian reservation lands under law.

Secretary Watt has asked us to reply to your letter of April 15 requesting
that he recognize Southern Tier Expressway replacement lands consisting
of two tracts totaling approximately 800 acres, as part of the Allegany
Reservation, for all federal purposes. Authority cited is 25 U.S.C. 2.
The only general authority of the Secretary to proclaim new reservations
or add lands to existing reservations is contained in Section 7 of the
Indian Reorganization Act of June 18, 1934 (48 Stat. 984) which is not
applicable to the Seneca Nation. However, since the State of New York
has declared the replacement land as part of the Allegany Indian Reser-
vation, this agency, for purposes of our regulations in 25 CFR, will
regard the land as "reservation" unless an existing or future regulation
expressly provides otherwise.

Copies of this letter are being provided the Eastern Area Office, the
New York Liaison Office and all programs in the Washington Office.

If we can be of further assistance to you, please let us know.

Sincerely,

Deputy Assistant Secretary
Indian Affairs (Operations)

MOTION

by Leonard Redeye, Sr., Seconded by Lois A. Green, to adopt the following Resolution:

NOW, THEREFORE, BE IT RESOLVED, that the Seneca Nation requests its
Congressional delegation
Senators D'Amato and Moynihan,
Congressmen Kemp and Lundine to introduce and actively support
legislation declaring the lieu lands acquired by trade with the New
York State Department of Transportation to be a part of the Allegany
Reservation for all federal purposes, with title to the land being
held in the same status as all other Seneca reservation lands.

All In Favor.

MOTION CARRIED.

CERTIFICATION

I hereby certify that the foregoing extract is a true and correct copy from the Minutes of the Special Session of Council of the Seneca Nation of Indians held on February 24, 1983, original of which is on file in the Clerk's Office of the Seneca Nation of Indians.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the seal to be affixed at the Genevieve R. Plummer Office Building on the Allegany Indian Reservation, Salamanca, New York on the 3rd day of May, 1983.

ATTEST:

Laudice R

Pauline R. Brown, Clerk
THE SENECA NATION OF INDIANS

(SEAL)

Senator MELCHER.

That completes our business this morning, and the hearing will stand adjourned.

[Whereupon, at 10:30 a.m., the committee recessed, to reconvene at the call of the Chair.]