Seneca Nation Settlement Act of 1990
PL 101-503 (H.R.5367), enacted 11/03/1990

104 STAT. 1292 
PUBLIC LAW 101-503—NOV. 3, 1990 
Public Law 101-503 
101st Congress 
An Act 
Nov. 3, 1990 
To provide for the renegotiation of certain leases of the Seneca Nation, and for other 
[H.R. 5367] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Seneca Nation 
United States of America in Congress assembled. 
Settlement Act 
of 1990. 
SECTIONl. SHORT TITLE. 
^JGW xorlt 
25 use 1774 
This Act may be cited as the "Seneca Nation Settlement Act of 
note. 
1990". 
25USC1774. 
SEC. 2. 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. 
PUBLIC LAW 101-503—NOV. 3, 1990 
104 STAT. 1293 
(8) 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 Act— 
(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. 
SEC. 3. DEFINITIONS. 
25 USC 1774a. 
For the purposes of this Act— 
(1) the term "1890 lease" means a lease made by the Seneca 
Nation which is subject to— 
(A) the Act entitled "An Act to authorize the Seneca 
Nation of New York Indians to lease lands within the 
Cattaraugus and Allegany Reservations, and to confirm 
existing leases" approved February 19, 1875 (chap. 90, 18 
Stat. 330); and 
(B) the Act entitled "An Act to authorize the Seneca 
Nation of New York Indians to lease lands within the 
Cattaraugus and Allegany Reservations, and to confirm 
existing leases" approved September 30, 1890 (chap, 1132, 
26 Stat. 558); 
(2) the term "Agreement" means the document executed by 
the Seneca Nation and the city entitled "Agreement between 
104 STAT. 1294 
PUBLIC LAW 101-503—NOV. 3, 1990 
the Seneca Nation of Indians and the City of Salamanca", 
including the appendix to the Agreement; 
(8) the term "city" means the city of Salamanca, New York; 
(4) the term "lessee" means the holder of an 1890 lease which 
either expires in 1991 or is one of the leases listed in document 1 
of the Technical Documents, including any lessee who holds an 
1890 lease by reason of assignment, inheritance, or other 
manner as provided by the Act referred to in paragraph (1)(A); 
(5) the term "memorandum of understanding" means an 
agreement between the State and the Seneca Nation pertaining 
to the payment of the funds to be provided pursuant to this Act, 
which memorandum of understanding reflects an agreement 
between the Seneca Nation and the State concerning a 
mechanism and schedule of payments for the funds described in 
section 6(c); 
(6) the term "Secretary" means the Secretary of the Interior; 
(7) the term "Seneca Nation" means the Seneca Nation of 
Indians 
of the 
Allegany, 
Cattaraugus, 
and 
Oil 
Spring 
Reservations; 
(8) the term "State" means the State of New York; 
(9) the term "Technical Documents" means the documents 
which comprise the appendix to the Agreement; and 
(10) the term "congressional villages" means the villages of 
CarroUton, Great Valley, and Vandalia in the State of New 
York. 
25 use 1774b. 
SEC. 4. NEW LEASES AND EXTINGUISHMENT OF CLAIMS. 
(a) NEW LEASES.—If the Seneca Nation offers new leases in 
accordance with the Agreement, this Act shall apply with respect to 
the Seneca Nation. The Seneca Nation shall supply copies of such 
leases to the Secretary and shall certify in writing that it has 
supplied the Secretary with copies of written offers to all lessees 
entitled to an offer, 
(b) EXTINGUISHMENT OF CLAIMS.—The Seneca Nation shall execute 
appropriate documents relinquishing all claims against the United 
States, the State, the city, the congressional villages, and all prior 
lessees for payment of annual rents prior to February 20, 1991, with 
respect to all prior and existing leases. 
(c) EFFECTIVE DATE OF LEASES AND RELINQUISHMENTS.—(1) The 
relinquishment of claims against the United States shall be effective 
upon payment by the United States to the Seneca Nation of the 
funds provided in section 6 of this Act. 
(2) The offers, and any acceptances thereof, referred to in 
subsection (a), and the relinquishment of claims against the State, 
the city, the congressional villages, and all prior lessees for payment 
of annual rents referred to in subsection (b) shall not be binding on 
the Seneca Nation until after the later of the dates on which (1) 
Congress, or (2) the legislature of the State appropriates the amount 
of funds set forth in section 6 or the Seneca Nation and the State 
agree upon a schedule and mechanism for payments for funds 
pursuant to section 6(c). Such agreement shall render the offers, 
acceptances and the relinquishment effective so long as the 
payments are made as agreed upon by the Seneca Nation and the 
State. 
PUBLIC LAW 101-503—NOV. 3, 1990 
104 STAT. 1295 
SEC. 5. RESPONSIBILITIES AND RESTRICTIONS. 
(a) SENECA NATION.—The Congress finds that the Seneca Nation is 
solely responsible for negotiation of the leases under the Agreement 
in its own interest and approval of any such lease by the United 
States is not required. 
(b) LESSEES.—The Congress finds that— 
(1) the lessees of leases with the Seneca Nation are 
responsible for representing their own interest in lease 
negotiations with the Seneca Nation; and 
(2) nothing in this Act shall be construed to prevent the 
lessees from collectively negotiating with the Seneca Nation 
regarding such leases, whether through informal groups or as 
delegations formally sanctioned by either the State or local 
governments. 
(c) UNITED STATES.—(1) The United States shall not serve in a 
capacity to approve leases of the Seneca Nation. 
(2) Federal funds may not be obligated or expended, directly or 
indirectly, for annual payments under any such lease, except for 
funds that may be available under a conventional, nationwide pro-
gram. 
(d) STATE.—(1) The State shall not serve in a capacity to approve 
leases of the Seneca Nation. 
(2) State funds may not be obligated or expended, directly or 
indirectly, for annual payments under any such lease. 
SEC. 6. SETTLEMENT FUNDS. 
(a) IN GENERAL.—In recognition of the findings and purposes 
specified in section 2, the settlement funds provided pursuant to this 
Act shall be provided by the United States and the State. The 
Secretary may not obligate or expend funds provided under 
subsection (b) until the Secretary determines that there is an agreed 
upon and signed memorandum of understanding. 
(b) FUNDS PROVIDED BY UNITED STATES.— 
(1) CASH PAYMENT.—The Secretary shall pay to the Seneca 
Nation the amount of $30,000,000, which is the Federal share of 
the cash payment to be managed, invested, and used by the 
Nation to further specific objectives of the Nation and its 
members, all as determined by the Nation in accordance with 
the Constitution and laws of the Nation. 
(2) ECONOMIC DEVELOPMENT.—(A) In addition to the amount 
provided under paragraph (1), the Secretary shall pay to the 
Seneca Nation the amount of $5,000,000 to be used for the 
economic and community development of the Seneca Nation, 
including the city of Salamanca, which is an integral part of the 
Seneca Nation's Allegany Reservation. Such amount shall be 
deposited by the Secretary, administered, and disbursed in 
accordance with subparagraph (B). 
(B)(i) The sum of $2,000,000 shall be deposited in a separate 
interest bearing account of the Seneca Nation. The account 
shall be administered, and the principal and interest thereon 
disbursed, by the Seneca Nation in accordance with a plan 
approved by the Council of the Seneca Nation to promote the 
economic and community development of the Seneca Nation. 
Until the principal is expended pursuant to such plan, the 
income accruing from such sum shall be disbursed to the 
treasurer of the Seneca Nation on a quarterly basis to fund 
tribal government operations and to provide for the general 
25 u s e 1774c. 
25 use 1774d. 
104 STAT. 1296 
PUBLIC LAW 101-503—NOV. 3, 1990 
welfare of the Seneca Nation and its members. The Seneca 
Nation may in its discretion add the accrued income to the 
principal. 
(ii) The sum of $3,000,000 shall be deposited in an escrow 
account which shall be owned by the Seneca Nation. The escrow 
agent shall be selected by agreement of the Seneca Nation and 
the city. The escrow account shall remain in existence for a 
period of ten years from the date on which the principal is 
deposited or until all payments provided for under section V.D. 
of the Agreement have been made. The escrow account shall be 
held and disbursed for economic and community development 
as set forth in section V.D. of the Agreement. Upon the 
expiration of the ten-year period, the $3,000,000 principal shall 
be disbursed in accordance with a plan approved by the Council 
of the Seneca Nation to promote the economic and community 
development of the Seneca Nation. 
(c) FUNDS TO BE PROVIDED BY THE STATE.—The State, in 
accordance with its laws and regulations, shall provide the sum of 
$16,000,000 in cash payments and $9,000,000 for economic or 
community 
development 
subject 
to 
the 
provisions 
of 
the 
memorandum of understanding. 
(d) TIME OF PAYMENTS.—The payments required by this section on 
the part of the United States shall be made within 30 days of the 
Secretary's determination that the Seneca Nation has complied with 
section 4, or upon the availability of the amounts necessary to carry 
out this Act, if such determination has previously been made. If the 
Secretary determines that the Seneca Nation has not complied with 
section 4, he shall advise the Seneca Nation in writing of all steps it 
must take to comply. 
(e) LIMITATION.—The only amounts available to carry out this Act 
shall be those amounts specifically appropriated by the Congress or 
the legislature of the State to carry out this Act. 
25 use 1774e. 
SEC. 7. CONDITIONS PRECEDENT TO PAYMENT OF UNITED STATES AND 
STATE FUNDS. 
Amounts may not be expended from— 
(1) the $30,000,000 and the $5,000,000 provided by the United 
States under section 603), and 
(2) the $16,000,000 and $9,000,000 provided by the State under 
section 6(c), 
until after the authorized officials of the Seneca Nation execute new 
leases with all lessees who accept the Seneca Nation's offer of a new 
lease, as filed with the Secretary under section 4(a), and execute 
appropriate documents relinquishing all claims for payment of 
annual rents prior to February 20, 1991, with respect to such leases. 
25 use 1774f. 
SEC. 8. MISCELLANEOUS PROVISIONS. 
(a) LIENS AND FORFEITURES, ETC.—Subject to subsection (b), the 
provisions of section 7 of the Indian Tribal Judgment Funds Use and 
Distribution Act (25 U.S.C. 1407) shall apply to any payment of 
funds authorized to be appropriated under this Act and made to 
individual members of the Seneca Nation. None of the payments, 
funds, or distributions authorized, established, or directed by this 
Act, and none of the income derived therefrom, which may be 
received under this Act by the Seneca Nation or individual members 
of the Seneca Nation, shall be subject to levy, execution, forfeiture, 
garnishment, lien, encumbrance, seizure, or State or local taxation. 
PUBLIC LAW 101-503—NOV. 3, 1990 
104 STAT. 1297 
(b) ELIGIBILITY FOR 
GOVERNMENT PROGRAMS.—None 
of 
the 
payments, funds or distributions authorized, estabhshed, or directed 
by this Act, and none of the income derived therefrom, shall affect 
the eligibility of the Seneca Nation or its members for, or be used as 
a basis for denying or reducing funds under, any Federal program. 
(c) LAND ACQUISITION.—Land within its aboriginal area in the 
State or situated within or near proximity to former reservation 
land may be acquired by the Seneca Nation with funds appropriated 
pursuant to this Act. State and local governments shall have a 
period of 30 days after notification by the Secretary or the Seneca 
Nation of acquisition of, or intent to acquire such lands to comment 
on the impact of the removal of such lands from real property tax 
rolls of State political subdivisions. Unless the Secretary determines 
within 30 days after the comment period that such lands should not 
be subject to the provisions of section 2116 of the Revised Statutes 
(25 U.S.C. 177), such lands shall be subject to the provisions of that 
Act and shall be held in restricted fee status by the Seneca Nation. 
Based on the proximity of the land acquired to the Seneca Nation's 
reservations, land acquired may become a part of and expand the 
boundaries 
of 
the 
Allegany 
Reservation, 
the 
Cattaraugus 
Reservation, or the Oil Spring Reservation in accordance with the 
procedures established by the Secretary for this purpose. 
SEC. 9. LIMITATION OF ACTION. 
25 USC 1774g. 
Notwithstanding any other provision of law, any action to contest 
the constitutionality or validity under law of this Act shall be 
barred unless the action is filed on or before the date which is 180 
days after the date of enactment of this Act. Exclusive jurisdiction 
over any such action is hereby vested in the United States District 
Court for the Western District of New York. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 1774h. 
There is authorized to be appropriated such sums as may be 
necessary to carry out this Act. 
Approved November 3, 1990. 
LEGISLATIVE HISTORY—H.R. 5367 (S. 2895): 
HOUSE REPORTS: No. 101-832 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-511 accompanying S. 2895 (Select Comm. on Indian 
Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 10, considered and passed House. 
Oct. 16, considered and passed Senate.