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RESIDENT PARTNERS

ARTHUR J. GAJARSA
CARL J. GREEN

RICHARD LINN
MATTHEW J. MARKS

BURTON Z. ALTER
GREYSON BRYAN.
DON T. CARMODY
JONATHAN H. CHURCHILL
PETER A. DANKIN
DOUGLAS J. DANZIG
SAMUEL M. FEDER
PETER FIGDOR

PETER J. GARTLAND
LANCE GOTTHOFFER*

EDWARD H. MARTIN
GENE Y. MATSUO
FUMIAKI MIZUKI •
JIRO MURASE
ALDEN MYERS
PETER J. NORTON •
WAYNE E. PARTRIDGE
MICHAEL E. PARRY.
ROBERT D. PILIERO
JOHN C. ROSENGREN

ROGER L. SELFE
JOHN B. WADE, III
IRA TENSARD WENDER
PHILIP H. WERNER.
JOHN TOWER WHITE

(NOT ADMITTED IN D. CJ

WENDER MURASE & WHITE

ATTORNEYS-AT-LAW

1120 TWENTIETH STREET, N. W.
SUITE 650, SOUTH LOBBY
WASHINGTON, D. C. 20036

KAM:1cj
Encls.

(202) 452-8950

CABLE: WEMULAW

DOMESTIC TELEX: 892631
INTERNATIONAL TELEX: 248749
TELECOPIER: (202) 296-7760

July 20, 1982
RECEIVED JUL 2 1982

Mr. Timothy C. Woodcock

Staff Director

Senate Committee on Indian Affairs
Dirksen Senate Office Building
Room 6317

Washington, D. C. 20510

400 PARK AVENUE

NEW YORK, NEW YORK 10022

212) 832-3333

700 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90017 213) 629-0060

Re: Ancient Indian Land Claims
Settlement Act of 1982 (S. 2084)

Dear Mr. Woodcock:

On behalf of the Cayuga Indian Nation of New York,
enclosed please find documents which the Nation submits for
inclusion as part of the record of the hearings held on the
Ancient Indian Land Claims Settlement Act of 1982 (S. 2084).
These documents include: (1) H.R. 6631 which was proposed
as the Cayuga Indian Claim Settlement Act of 1980 and
rejected by the Congress; (2) letter of April 5, 1982 from
Arthur J. Gajarsa to the Editor of the Ithaca Journal;
(3) an article by Robert N. Clinton entitled "The Eastern
Indian Land Claims: A Reply" which was published in Vol. 53
of the New York State Bar Journal; and (4) letters to the
Editor in response to the publication of Robert N. Clinton's
article in the New York State Bar Journal.

We greatly appreciate your keeping the record open in order to permit this submission.

Very truly yours;

WENDER, MURASE & WHITE

By:

PARTNERS RESIDENT IN

ཏན་རྨ། Kenneth A. Marra

CARACAS DÜSSELDORF HAMBURG LONDON

MEXICO CITY

MILAN
MONTREAL
PARIS
ROME
STOCKHOLM
TOK TO
TORONTO

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. UDALL (by request) introduced the following bill; which was referred to the Committee on Interior and Insular affairs

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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.

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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

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SEC. 2. (a) Congress hereby finds and declares that

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(1) the Cayuga Indian Nation is asserting claims for damages and for the possession of a large area of

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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

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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 ac

cordance 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

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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).

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