Page 533 TITLE 25—INDIANS § 1774

REFERENCES IN TEXT

Act of August 2, 1983, referred to in subsec. (a)(2), is

Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, popularly known

as the Per Capita Act, which enacted sections 117a to

117c of this title and repealed section 117 of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 117a of this title

and Tables.

§ 1773i. Actions by Secretary

The Secretary in administering this subchapter shall be aware of the trust responsibility of the United States to the Tribe and shall

take such actions as may be necessary or appropriate to carry out this subchapter and the Settlement Agreement.

(Pub. L. 101–41, §11, June 21, 1989, 103 Stat. 89.)

§ 1773j. Definitions

For the purposes of this subchapter—

(1) the term ‘‘1873 Survey Area’’ means the

area which is within the area demarked by the

high water line as meandered and the upland

boundaries, as shown on the plat map of the

1873 Survey of the Puyallup Indian Reservation, conducted by the United States General

Land Office, and filed in 1874;

(2) the term ‘‘Secretary’’ means the Secretary of the Interior;

(3) the term ‘‘Settlement Agreement’’ means

the document entitled ‘‘Agreement between

the Puyallup Tribe of Indians, Local Governments in Pierce County, the State of Washington, the United States of America, and certain

private property owners’’, dated August 27,

1988;

(4) the term ‘‘State’’ means the State of

Washington;

(5) the term ‘‘Technical Documents’’ means

the 7 documents which comprise the technical

appendix to the Settlement Agreement and

are dated August 27, 1988;

(6) the term ‘‘Tribe’’ means the Puyallup

Tribe of Indians, a tribe of Indians recognized

by the United States;

(7) the term ‘‘below the mean high water

line’’ in reference to the submerged lands of

the Puyallup Riverbed means ‘‘below the ordinary high water mark’’ in that portion of the

river not subject to tidal influence and ‘‘below

the mean high water line’’ in that portion of

the river which is subject to tidal influence;

and

(8) the term ‘‘on-reservation status’’ means a

status under which Federal laws and regulations, treaty rights, and rights of sovereignty,

which define the rights and responsibilities on

trust or restricted lands (including rights-ofway and easements running through such

lands within a Federal Indian reservation)

apply: Provided, That such application is not

inconsistent with any provision of the Settlement Agreement.

(Pub. L. 101–41, §12, June 21, 1989, 103 Stat. 89.)

SUBCHAPTER VIII—SENECA NATION (NEW

YORK) LAND CLAIMS SETTLEMENT

§ 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—