On behalf of the Cayuga Indian Nation of New York, We greatly appreciate your keeping the record open in order to permit this submission. Very truly yours; WENDER, MURASE & WHITE By: Kenneth A. Marra KAM:1cj 96TH CONGRESS 2D SESSION H. R. 6631 To provide for the settlement of the land claims of the Cayuga Indian Nation in the State of New York, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 1980 Mr. U DALL (by request) introduced the following bill; which was referred to the Committee on Interior and Insular affairs I A BILL To provide for the settlement of the land claims of the Cayuga Indian Nation in the State of New York, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as "Cayuga Indian Claims Settle4 ment Act of 1980". 5 CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 6 7 8. SEC. 2. (a) Congress hereby finds and declares that— (1) the Cayuga Indian Nation is asserting claims for damages and for the possession of a large area of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 land in the State of New York, on the ground that the original transfers of the lands by the tribe to the State of New York were made in violation of the Trade and Intercourse Act of 1790, or subsequent versions there of; (2) substantial economic and social hardship to a large number of landowners in Seneca and Cayuga Counties, New York, may result if the tribe's claim is not resolved immediately; (3) the Congress shares with the State of New York and the landowners in the claim area a desire to remove all clouds on titles resulting from the tribe's claim; and (4) the tribe, the State of New York, and the Secretaries of the Interior and Agriculture have executed, as evidence of an agreement on the terms of a settlement, a memorandum of understanding which requires implementing legislation by the Congress of the United States. (b) Therefore, it is the purpose of this Act (1) to remove the cloud on the titles to thousands of acres of land in the State of New York resulting from the tribe's claim; and (2) to provide for a reservation in the State of New York for the tribe and all its members in order to 3 1 2 3 4 5. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 permit the preservation of the tribe and its culture and to promote the social and economic well-being of the tribe and all its members. DEFINITIONS SEC. 3. For the purposes of this Act, the term (1) "tribe" means the Cayuga Indian Nation as constituted at the signing of the November 11, 1794, Treaty between the United States and the Six Nations (7 Stat. 44), and any predecessor or successor in interest, including the Cayuga Indian Nation of New York, and also including the Cayuga Nation as constituted after the preparation by the Secretary of the roll in accordance with section 9 of this Act; (2) "Cayuga Reservation" means all lands which are transferred to or acquired by the Secretary to be held in trust by the United States for the benefit of the tribe pursuant to the provisions of this Act; (3) "Secretary" means the Secretary of the Interior; (4) "State" means the State of New York; (5) "land or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resource, including but not limited to, minerals and mineral 4 1 2 3 4 5 6 7 8 9 10 rights, timber and timber rights, water and water rights, and rights to hunt and fish; and (6) "transfer" includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, or any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of land or natural resources. FINDINGS BY THE SECRETARY SEC. 4. (a) Section 5 of this Act shall not take effect 11 until the Secretary finds that the United States has acquired 12 in fee simple and at no cost to the United States Treasury, as 13 provided by section 8 of this Act, the parcel of land known as 14 Sampson State Park, in Seneca County, New York, to be 15 held by the United States in trust for the benefit of the tribe. 16 (b) Sections 6 and 7 of this Act shall not take effect until 17 the Secretary finds that authorized officials of the tribe have 18 executed appropriate documents relinquishing all claims to 19 the extent provided by section 5 (which shall nevertheless not 20 take effect until the Secretary has made a finding in accord21 ance with subsection (a) of this section in consideration of the 22 provisions of this Act). |