An Act to authorize payment for certain interests in lands within the Allegheny Indian Reservation in New York, required by the United States for the Allegheny River (Kinzua Dam) project, to provide for the relocation, rehabilitation, social and economic development of the members of the Seneca Nation, and for other purposes
PL 88-533 (H.R.1794), enacted 08/31/1964

738 
PUBLIC LAW 88-533-AUG. 31, 1964 
[78 STAT. 
August 31, 1964 
[H. R. 1794] 
Public Law 88-533 
AN ACT 
To authorize payment for certain interests in lands within the Allegany Indian 
Reservation in New York, required by the United States for the Allegheny 
River (Kinzua Dam) project, to provide for the relocation, rehabilitation, 
social and economic development of the members of the Seneca Nation, and 
for other purposes. 
Allegheny In» 
dian Reservation, 
N,Y. 
Seneca Nation, 
payments. 
62 Stat. 935. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in furtherance 
of the Allegheny Reservoir project authorized by the Flood Control 
Acts of June 28, 1938 (52 Stat. 1215), August 18, 1941 (55 Stat. 
638), and December 22, 1944 (58 Stat. 889), payment shall be made 
as hereinafter set forth in this Act to the Seneca Nation and to the 
individual Seneca Indians for such easements, interests in land and 
other property within the Allegany Indian Reservation, more particu-
larly described in section 14 of this Act, as have been taken for the 
construction, operation, and maintenance of said project. 
SEC. 2. In consideration for the interests in land acquired as set 
forth in section 1 of this Act, the United States will pay, out of 
funds available for the Allegheny Reservoir project, and in accord-
ance with the provisions of section 3 hereof— 
(a) to the Seneca Nation, the amount of $666,285, as full com-
pensation for the direct damages (including surface severance 
damages, but excluding damages caused by the 
increased 
expense of developing or otherwise exploiting the subsurface 
resources retained by the nation under section 6) to lands within 
the Allegany Indian Reservation caused by the acquisition of 
interests therein by the United States; 
(b) to the Seneca Nation, the sum of $100,000, as full com-
pensation for the damages caused by the increased expense of 
developing or otherwise exploiting the oil and gas subsurface 
resources retained by the nation under section 6 of this Act: 
Provided^ hoioever. That the Seneca Nation shall have the right, 
in the condemnation proceedings instituted by the United States 
in the United States District Court for the Western District of 
New York, to seek an additional sum as just compensation due 
the nation for damages to the sand and gravel resources within 
the Allegany Indian Reservation caused by the acquisition of 
interests in land therein by the United States: Provided 
further^ 
That in the event the Seneca Nation seeks such additional com-
pensation, the district court under section 1358, title 28, United 
States Code, shall have jurisdiction to determine the just com-
pensation due to the nation for said damages. 
(c) to individual Seneca Indians, a sum ajrgregating $522,775, 
to be disbursed in accordance w^ith the provisions of a schedule 
prepared pursuant to section 3 (c) of this Act, as full compensation 
for the taking of houses, bams, fences, wells, and other structures 
and improvements on lands within the Allegany Indian Reserva-
tion; and 
(d) to the Seneca Nation, the amount of $945,573, in full sjet-
tlement of all other claims, rights, and demands of the nation 
and its members, including indirect damages and loss of access to 
the bed of the Allegheny River, arising out of the taking of prop-
erty as set forth in section 1 of this Act, exclusive of the interest, 
if any, of the Seneca Nation in houses, structures, or other 
improvements within the Allegany Indian Reservation claimed 
by nonmembers of the nation. 
(e) In making payments under this section, the United States 
shall be entitled to a credit for all funds heretofore deposited in 
78 STAT. ] 
PUBLIC LAW 88-533-AUG. 31, 1964 
739 
condemnation proceedings before the United States District Court 
for the Western District of New York as the estimated just com-
pensation for the acquisition of interests in lands and other prop-
erty belonging to the Seneca Nation or individual Seneca Indians 
in connection with the Allegheny Reservoir project, 
(f) The sums payable under (a) and (c) of this section shall 
be subject to deduction in accordance with stipulations entered 
into, or to be entered into, between the United States, the Seneca 
Nation, and individual S.eiieca Indians if it is judicially deter-
mined that title to any lands or improvements to which such com-
pensation relates was not vested at the time of the taking, in 
whole or in part, in the Seneca Nation or individual Seneca 
Indians. 
SEC. 3. (a) The payment authorized by section 2(a) of this Act ^^^'^^""^ °^ ^^^" 
shall be made directly to the Seneca Nation: Provided^ That out of the 
funds so distributed to the nation a sum not exceeding $611,675 shall 
be paid to individual Seneca Indians in accordance wdth a schedule 
prepared by the Secretary of the Army, after certification by the 
nation. 
Said schedule shall reflect the amount agreed upon by the 
Secretary of the Army and the Seneca Nation, with the approval of 
the Secretary of the Interior, as compensation for the interests in 
lands within the taking area of said individual Seneca Indians. 
(b) The payment authorized by section 2(b) of this Act shall be 
made directly to the Seneca Nation: Provided^ That if the nation 
through litigation recovers additional compensation for damages to 
its sand and gravel resources, the United States shall be entitled to a 
credit against that supplemental award in the amount paid to the 
nation under section 2(a) for damages to the surface of the lands on 
which such sand and gravel are located. 
(c) The payments authorized by section 2(c) of this Act shall be 
made directly to individual Seneca Indians in accordance with a sched-
ule of property owners within the taking area prepared by the Secre-
tary of the Army, after certification by the Seneca Nation. 
Said 
schedule shall reflect the amount agreed upon by the Secretary of the 
Army and the nation, with the approval of the Secretary of the 
Interior, as compensation for the homes, bams, fences, wells, and 
other structures and improvements within the taking area of said 
individual Seneca Indians, 
(d) The payment authorized by section 2(d) of this Act shall be 
made directly to the Seneca Nation: Provided^ That the nation, with 
the approval of the Secretary of the Interior, shall make available from 
the funds so distributed not to exceed $127,050, to pay the expenses, 
costs, losses, and damages incurred by individual Seneca Indians as 
a result of moving themselves and their possessions, including dwell-
ings and other buildings owned by the members of the nation, on 
account of the acquisition by the United States of interests in land 
within the Allegany Reservation as set forth in section 1 of this Act. 
(e) No part of the compensation provided for in section 2 of this 
Act shall be subject to any prior lien, debt, or claim of any nature 
whatsoever against the Seneca Nation or the individual Seneca 
Indians entitled to such compensation, except for the repayment of 
development loans made to the Seneca Nation, or of housing or 
resettlement loans made to individual Seneca Indians, by a bank or 
other recognized lending institution, and also except for delinquent 
debts owed to the United States by the nation or delinquent debts 
owed to the United States or the Seneca Nation by the individual 
Seneca Indian entitled to the compensation: Provided^ That such 
compensation shall not be applied to the payment of individual 
delinquent debts to the United States unless the Secretary of the 
740 
PUBUC LAW 88-533-AUG. 31, 1964 
[78 STAT. 
Appropriation. 
Cemeteries, 
shrines, etc., 
relocation. 
Minerals, res-
ervation. 
Harvest of 
crops, etc. 
Interior first deteniiiiies and certifies that no hardsliip will result 
from the payment of such delinquent debts. 
SEC. 4. There is authorized to be appropriated the additional sum 
of $12,128,917, which shall be deposited in the Treasury of the United 
States to the credit of the Seneca Nation and which shall draw 
interest on the principal at the rate of 4 per centum per annum until 
expended for assistance designed to improve the economic, social, and 
educational conditions of enrolled members of the Seneca Nation, 
including but not limited to the following purposes: 
(a) developing and carrying out individual and family plans, 
including relocation and resettlement and the construction of 
roads, utilities, sanitation facilities, houses, and related stnic-
tures; 
(b) the construction and maintenance of community buildings 
and other community facilities; and 
(c) industrial and recreational development on the Allegany, 
(Cattaraugus, and Oil Springs Eeservations. 
The funds authorized by this section shall be expended in accordance 
with plans and programs approved by the Seneca Nation and the 
Secretary of the Interior: Provided, That no part of such funds shall 
be used for per capita payments. 
SEC. 5. The Secretary of the AiTny, out of funds appropriate for 
the Allegheny Reservoir project other than funds provided by this 
Act, is authorized and directed to relocate and reestablish within the 
Allegany Reservation such Indian cemeteries, tribal monuments, 
graves, and shrines inside the taking area as the Seneca Nation or the 
next of kin shall select and designate: Provided^ That reinterment 
of individual remains, though not entire cemeteries, outside the 
boundaries of the Allegany Reservation also is authorized if so 
desired by the next of kin, but in such event reinterment to a site 
which exceeds the equivalent distance from the disinterment site to 
the farthest point at which reinterment could be made within the 
reservation boundaries will be made only if the next of kin agrees to 
pay the added cost: And provided further. That the Secretary of the 
Army is authorized and directed to provide a trust fund in an 
amount computed on the basis of $14.40 for each reinterment for the 
l>erpetual care and maintenance of the graves for the reinterments 
at the two cemetery relocation sites selected by the Seneca Nation. 
SEC. 6. All minerals of any kind whatsoever, including oil and gas 
and sand and gravel, within the areas subjected to the interests in 
land acquired by the United States as set forth in section 1 of this 
Act, are hereby reserved to the Seneca Nation: Provided, That the 
exploration and development of such minerals, including oil and gas 
and sand and gravel, within the taking areas shall be consistent w^ith 
said interests in land and subject to all reasonable regulations of the 
Secretary of the Army necessary for the protection of the Allegheny 
Reservoir project. 
SEC. 7. Members of the Seneca Nation shall have the right without 
charge to remain on and use the lands subject to the interests in land 
acquired by the United States as set forth in section 1 of this Act until 
I'equired to vacate at such times as may be fixed by the Secretary of 
the Army with the approval of the Secretary of the Interior and after 
consultation with the Seneca Nation: Provided^ That the time for 
vacating in any event will not extend beyond January 1, 1965, unless 
the Secretary of the Army otherwise permits. 
SEC. 8. Up to sixty days before the date for vacating in accordance 
with section 7, the Seneca Nation on its common lands within the tak-
ing area for the Allegheny Reservoir project, and individual Seneca 
Indians on lands in which they have an interest as shown on the sched-
78 STAT. ] 
PUBLIC LAW 88-533-AUG. 31, 1964 
741 
ules described in section 3 (a) and (c) of this Act, shall have the right, 
without charge, to harvest crops, to cut and remove all timber, to 
mine and remove sand and gravel, and to salvage improvements: Pro-
vided^ That if such rights are not exercised or are waived by said 
individual Seneca Indians within the time prescribed, the nation shall 
have an additional thirty days within which to exercise their rights on 
its own behalf: Provided further^ That the crops harvested, the timber 
cut, the sand and gravel removed, and the salvage permitted by this 
section shall not be construed to be compensation. 
SEC. 9. The Seneca Nation shall have the right to use and occupy 
the taking area of the Allegheny Reservoir project within the Alle-
gany Reservation for all purposes not inconsistent with the interests 
in land acquired by tlie Ignited States as set forth in section 1 of this 
Act, including, but not limited to, the right to lease such lands for 
farming and grazing purposes to members or nonmembers of the na-
tion, the power to dispose of all minerals reserved under section 6 of 
this Act, the right to hunt and fish on such lands, and to license hunting 
and fishing by nonmembers of the nation and the right to regulate 
access to the shoreline of the reservoir: Provided^ That public access 
to the shoreline shall be provided and no charge shall be made to the 
public therefor: And 'provided further, That the use by the public of 
the water areas of the Allegheny Reservoir project shall be pursuant 
to such rules and regulations as the Secretary of the Army may 
prescribe. 
SEC. 10. The Secretary of the Treasury, upon certification by the 
Secretary of the Interior, shall reimburse the Seneca Nation for all 
fees and expenses incurred in relation to the Allegheny Reservoir proj-
ect, including the cost of engineering and appraising services: Pro-
vided, That not more than $250,000 is authorized to be appropriated 
for such reimbursable fees and expenses: And provided fuHher, That 
attorney fees shall be paid under the terms of a contract approved by 
the Secretary of the Interior. 
SEC. 11. (a) Any individual Seneca Indian who accepts the pay- 
^^^nt*^"'"' °^ 
ment tendered to him pursuant to section 3(a) shall be deemed to waive 
waiver of 
and release any further claims, rights, or demands in his own name claims. 
arising out of the taking of interests in land as set forth in section 1 of 
this Act. Any individual Seneca Indian who accepts the payment 
tendered to him pursuant to section 3(c) shall be deemed to waive 
and release any further claims, rights, or demands in his own name 
arising out of the taking of houses, barns, fences, wells, and other 
structures and improvements under this Act. 
(b) Any individual Seneca Indian who has been duly tendered pay-
ment in accordance with the schedules prepared pursuant to section 
3 ( a ) and (c) of this Act shall have the right to reject either or both 
of the sums so tendered by filing a notice of rejection with the Seneca 
Nation, Salamanca, New York, the district engineer, United States 
Army Engineer District, Pittsburgh, Pennsylvania, and the United 
States attorney for the western district of New York, Buffalo, New 
York, within ninety days after the tender is made. 
(c) For the purposes of this section, the Secretary of the Interior 
is authorized to represent any individual Seneca Indian entitled to 
payment who is a minor, or under any other legal disability, or who 
cannot be located after a reasonable and diligent search. 
SEC. 12. (a) Any individual Seneca Indian who, pursuant to section te^mured"b^ co^rt*' 
11(b) of this Act, rejects a sum tendered in payment under section 
3 (a) or (c), or both, shall have the right to litigate the issue of just 
compensation in the United States District Court for the Western 
District of New York. 
The court shall, except as otherwise expressly 
provided herein, determine just compensation in accordance with the 
742 
PUBLIC LAW 88-533-AUG. 31, 1964 
[78 STAT. 
Land acquisi-
tion for reloca-
tion purposes. 
Land descrip-
tions, recording. 
laws and procedures applicable to the determination of just compensa-
tion in condemnation proceedings in the Federal courts. No court 
or statutory costs, but all other costs and expenses, including attor-
ney's fees, shall be at the contesting individual's expense. 
(b) Where the sum rejected by an individual Seneca Indian has 
been tendered under section 3(a) of this Act, and the United States 
has instituted condemnation proceedings, the Seneca Nation within 
sixty days shall deposit in court the total amount paid to it pursuant 
to section 2(a), less any credit given the United States under section 
2(e), for the interests in land acquired by the United States which 
are the subject of the contesting individual's claims. Any excess of 
the sum so deposited over the amount finally determined as just 
compensation for the interests in land, if any, of the contesting indi-
vidual shall be paid back to the Seneca Nation. 
If the amount finally 
determined as just compensation for all interests in land acquired by 
the United States which are the subject of the contesting individual's 
claim exceeds the sum deposited by the Seneca Nation, the difference 
shall be paid into court by the United States, and the total amount so 
paid and deposited shall be distributed as directed by the court. 
(c) Where the sum rejected by an individual Seneca Indian has 
been tendered under section 3(c) of this Act, and the issue of just 
compensation is litigated, the United States shall not assert as a 
defense that any interest in the property is owned by the Seneca 
Nation. 
(d) For the purposes of this section, any individual Seneca Indian 
eligible to file suit, who is a minor or under any other legal disability, 
shall be represented by his legal guardian or, if no guardian has 
been appointed, by an attorney appointed by the Court. 
SEC. 13. The Secretary of the Interior is hereby authorized, with 
the funds provided under section 4 of this Act, to purchase or to 
acquire through condemnation proceedings lands, and interests in 
lands, within the Allegany Reservation, for the relocation of houses 
and community facilities or for recreational, commercial, or indus-
trial development. Any lands or interests in lands so acquired shall 
have the same legal status as other lands within the reservation. 
SEC. 14. The interests in land required for the Allegheny Reservoir 
project within the Allegany Indian Reservation are generally identi-
fied and delineated on a map entitled "Allegheny River Basin, 
Allegheny Reservoir, New York, General Map". 
Detailed legal 
descriptions of the lands shown thereon, together with tract maps, 
are or shall be filed in condemnation proceedings which have been 
instituted by the United States in the United States District Court 
for the Western District of New York for the acquisition of ease-
ments, interests in land, and other property within the Allegany 
Indian Reservation. 
The estates taken shall be as specifically set 
forth in the complaints filed in said proceedings, except insofar as 
the court may determine that the condemnation by the United States 
of any easement, interest in land, or other property identified therein 
for the construction of a limited access highway to be made a part 
of the New York State Southern Tier Expressway has not b»Bn 
authorized, in which event said estate shall not be taken. 
Copies 
of the final decree and other appropriate j)apers in said condemnation 
proceedings setting forth legal descriptions of the lands and the 
estates taken, together with identifying tract maps, shall be filed 
among the land records of the Bureau of Indian Affairs in Wash-
ington, District of Columbia, and recorded in the office of the county 
clerk of Cattaraugus County, New York. 
A true and correct copy 
of said papers shall be furnished by the Secretary of the Army 
without cost to the Seneca Nation. 
78 STAT.] 
PUBLIC LAW 88-534-AUG. 31, 1964 
743 
SEC, 15. L'pon a determination by the Secretary of the Army that 
all or pait of the interests in land acquired as set forth in section 1 
of this Act no longer are necessary for purposes of the Allegheny 
Reservoir project, all right, title, and interests in such lands shall 
thereupon vest in the Seneca Nation. 
SEC. 16. No part of any expenditures made by the United States 
under any of the provisions of this Act shall be charged by the United 
States as an offset or counterclaim against any claim oi the Seneca 
Nation against the United States other than claims arising out of the 
acquisition of interests in land for the Allegheny Reservoir project. 
SEC.17. All funds authorized by this Act paid to the Seneca Nation 
"^^^ exemption. 
and individual Seneca Indians shall be exempt from all forms of State 
and Federal income taxes. 
SEC. 18. Except as specifically required to carry out the provisions virrotTwith^-''^'^* 
of this Act, the Department of the Interior shall not enlarge the serv- drawai'. 
ices which it is now in fact rendering to, or the supervision which it 
is now in fact exercising over the property and affairs of, the Seneca 
Nation and its members pursuant to the laws of the United States 
relating to Indians and Indian tribes. The Secretary of the Interior c<!^*^esV° 
shall, after consultation with the Seneca Nation, submit to the Congress 
a plan for complete withdrawal of Federal supervision over the prop-
erty and affairs of the Nation and its members. Said plan shall be 
submitted within three years from the effective date of this Act. 
Approved August 31, 1964. 
Public Law 88-534 
AN A C T 
August 31, 1964 
To amend section 8(b) of the Soil Conservation and Domestic Allotment Act, 
[H. R. 9178] 
and for other purposes. 
Be it enacted hy the Senate and Hmise of Representatives 
of the 
United States of America in Congress assembled, That the seventh 
cr*T^*"o*' 
and eighth sentences of section 8(b) of the Soil Conservation and mittee^sys't^m's. 
Domestic Allotment Act, as amended (16 U.S.C. 590h(b)), are de- 
52 stat. 3i. 
leted and the following inserted in lieu thereof: "Farmers within any 
such local administrative area, and participating or cooperating in 
programs administered within such area, shall elect annually from 
among their number a local committee of not more than three members 
for such area. The members of the local committees shall, in a county 
convention, nominate and elect a county committee which shall consist 
of three members who are farmers in the county. At the first county 
convention held on or after the effective date of this sentence, one mem-
ber of the county committee shall be elected for one year; one member 
shall be elected for two years; and one member shall be elected for 
three years. Thereafter, each member of a county committee shall be 
elected for a term of three years. No member of the county commit-
tee shall be elected for more than three consecutive terms (exclusive of 
any term which began prior to the effective date of this sentence)." 
SEC. 2. Section 503 of the Act of August 26, 1954 (68 Stat. 908; 
^^P^^^-
16^.S.C. 590h-3), is repealed. 
SEC. 3. Section 1 of this Act shall become effective for elections of 
Effective date. 
committeemen held on or after January 1, 1965. 
Approved August 31, 1964. 
31-667 0-65—50