Imatges de pÓgina
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Pinsky, Roy, counsel, Aurelius Gas Co.

Prepared statement_.

Rhea, Betty Jo, Rock Hill (S.C.) City Council__

Prepared statement---

Riford, Steve, assemblyman, State of New York, prepared statement..
Smith, William T., deputy majority leader, New York State Senate_.
Snyder, Barry E., president, Seneca Nation of Indians___

Thurmond, Strom, a U.S. Senator from the State of South Carolina..
Toal, Jean Hoefer, counsel, Catawba Tribe_.

Todd, J. D., Jr., attorney, Greenville, S.C_

Prepared statement__.

Van Gestel, Allan, counsel for Madison, Oneida, and Cayuga Counties,
N.Y

Venables, Dr. Robert W., curator of American Indian History, Museum of
the American Indian, prepared statement__

Whitecrow, Sid, member, Seneca-Cayuga Tribe of Oklahoma, prepared
statement

Woodington, Kenneth P., senior assistant attorney general of South
Carolina

Prepared statement---

Zajac, Raymond, spokesman, Seneca County Board of Supervisors..
Prepared statement----

MATERIAL SUBMITTED FOR THE RECORD

Letter and resolution from D. Lindsay Pettus, councilman, Lancaster
County Council, State of South Carolina; submitted by Senator Strom
Thurmond

Letter from Edward I. Koch, mayor, city of New York; submitted by Senator Alfonse D'Amato___

Haudenosaunee (Iroquois Confederacy), prepared statement and position

paper, submitted by Oren Lyons, Onondaga Nation----. Indian Law Resource Center, prepared statement submitted by Robert T. Coulter, executive director...

Joint memorandum of understanding concerning settlement of the land
claims of the Cayuga Indian Nation; submitted by Raymond Zajac,
Seneca County Board of Supervisors----

Oneida Tribe of Wisconsin, position paper; submitted by Gordon
McLester

Seneca-Cayuga Tribe of Oklahoma: Assorted material submitted by Glen

M. Feldman, legal counsel___

Native American Rights Fund, an analysis of the "Ancient Indian Land
Claims Settlement Act of 1982"_.

Rock Hill (S.C.) Area Chamber of Commerce, prepared statement; sub-
mitted by Clint Carpenter, executive vice president__

City of Rock Hill (S.C.), prepared statement; submitted by Betty Jo
Rhea, mayor pro tem..

APPENDIX

Letters and statements:

Questions submitted to Secretary Watt, Department of the Interior, by Senator Cohen_--_.

Questions submitted to Attorney General William French Smith, De-
partment of Justice, by Senator Cohen___

Letter from John C. Datt, secretary and director, Washington office,
American Farm Bureau Federation; to Senator Cohen-_-_-
Prepared statement of Steven Unger, executive director, Association
on American Indian Affairs, Inc__.

Memorandum to Association on American Indian Affairs, from Arthur

Lazarus, Jr., re H.R. 5494 and S. 2084____

Letter from Sr. Blaise Lupo, co-director, Clergy and Laity Concerned; to Senator Cohen__.

Memorandum from Martha Roberge of the Indian Law Project, Con-
necticut Legal Services, Inc., with attached statement of the Con-
necticut Indian Affairs Council; to Timothy Woodcock, staff Direc-
tor, Senate Select Committee on Indian Affairs----
Letter from William A. O'Neill, Governor, State of Connecticut; to
Senator Thurmond_.

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Letters and statements-Continued

Letter from William A. O'Neill, Governor, State of Connecticut; to
Senator D'Amato_-_

Letter from Steve Linscheid, Friends Committee on National Legislation, with enclosed statement and letter; to Senator Cohen__ Prepared statement of the General Board of Global Ministries, United Methodist Church; submitted by Joyce V. Hamlin, secretary for legislative affairs..

Letter from John C. Hayes III, representative, State of South Carolina, with excerpt from the Catawba Indians' Litigation Request; to Senator Cohen...

Letter from the Grand Council of the Haudenosaunee, The Six Na-
tions Iroquois Confederacy, Onondaga Nation, with enclosed letter
to the President of the United States and position paper--
Letter from John H. Love, attorney at law, to Members of Congress__
Letter from Harold A. Penner, Mennonite Central Committee U.S.;
to Senator Cohen_.

Prepared statement of Darrell "Chip" Wadena, president, Minnesota
Chippewa Tribe....

Prepared statement of the National Congress of American Indians__. Letter from Joseph B. DeLa Cruz, chairman, Quinault Indian Nation; to Senator Cohen____.

Prepared statement of the Seneca County Chamber of Commerce, sub-
mitted by Richard J. Compo, president---
Prepared statement of Barry E. Snyder, president, Seneca Nation of
Indians

Letter from Pat McLaughlin, chairman, Standing Rock Sioux Tribe; to Senator Cohen---.

Prepared statement of the Standing Rock Sioux Tribe of North and
South Dakota___.

Letter from Albert Vann, chairman, The New York State Black and Puerto Rican Legislative Caucus, Inc.; to Senator D'Amato---‒‒‒ Court Decisions and Rulings:

Tee-Hit-Ton Indians v. United States. Certiorari to the United States Court of Claims. No. 43. Argued November 12, 1954.-Decided February 7, 1955__

The Chitimacha Tribe of Louisiana et al. v. Harry L. Laws Company,
Inc., et al, Civ. A. No. 770772_.

United States v. Boylan et al. (Circuit Court of Appeals, Second Cir-
cuit. March 3, 1920)--

United States v. Boylan et al. (District Court, N.D. New York.
March 3, 1919).

United States District Court for the Northern District of New York.
Oneida Indian Nation of New York, et al. v. State of New York,
et al. No. 78-CV-104 (N.D.N.Y., July 23, 1981) Oneida Indian Nation
of Wisconsin, et al., v. State of New York, et al. No. 79-CV-798
N.D.N.Y., July 23, 1981).

United States Court of Appeals for the Second Circuit. Nos. 683, 815,
816-18. August Term 1981. Argued: April 28, 1982. Decided: Octo-
ber 4, 1982. Docket Nos. 81-7616, 81-7618, 81-7626, 81-7628, 81-7638,
81-7646. Oneida Indian Nation of Wisconsin and Oneida of the
Thames Band v. State of New York et al. Oneida Indian Nation of
New York, et al. v. State of New York, et al..

Oneida Indian Nation of New York et al. v. County of Oneida, New
York, et al, certiorari to the United States Court of Appeals for the
Second Circuit. No. 72-851. Argued November 6-7, 1973.-Decided
January 21, 1974..

In the United States Court of Claims, No. 596-77, Decided June 2, 1982.
Inupiat Community of the Arctic Slope v. The United States----
Mitchell et al. v. The United States--

Mohegan Tribe, plaintiff-appellee v. State of Connecticut, defendantappellant, No. 73, Docket 80-7348, United States Court of Appeals, Second Circuit__.

Joint Tribal Council of the Passamaquoddy Tribe et al., plaintiffsappellees, v. Rogers C. B. Morton, Secretary, Department of the Interior, et al, defendants-appellees, State of Maine, Intervenorappellant

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528 544

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580

Court Decisions and Rulings-Continued

Catawba Indian Tribe of South Carolina, also known as the Catawba Nation of South Carolina, plaintiff v. State of South Carolina, et al, defendants Civil Action No. 80-2050 in the United States District Court for the District of South Carolina, Columbia Division---‒‒ Relevant Statutes:

United States codified version of the Trade and Intercourse Act, Deri-
vation Act June 30, 1834, Codified in 1976. 25 U.S.C. Sec. 177
(1976)

Ordinance of July 13, 1787, by the Confederation Government, more
commonly known as the last of three Northwest Ordinances, 69th
Congress, 1st Session-House Document No. 398___
Ordinance for the regulation and management of Indian Affairs,
August 7, 1786_.

Excerpt from The Public Statutes at Large of the United States of
America, Vol. I, Chapter XXXIII.-An act to regulate trade and
intercourse with the Indian tribes__

Chapter XIX_
Chapter XXX_

Chapter XLVI.

Excerpt from The Public Statutes at Large of the United States of America, Vol. II, Chapter XIII, An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers

Excerpt from The Public Statutes at Large of the United of America, Vol. IV, Chapter CLXI.-An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers---. Relevant treaties:

Cayuga Indian Nation_.
St. Regis Mohawk Tribe..
Shinnecock Indian Tribe_
Catawba Indian Tribe__

The Treaty of Augusta signed between Great Britain and the Chiefs
of the Creeks, the Choctaws, Cherokees, Chickasaws and Catawbas_
Proclamation by King George III of Great Britain, regarding the
need for royal approval in land transactions with the Indians,
of October 7, 1763___

Proclamation by the U.S. Congress stating that all land transactions
lacking U.S. approval would be null and void, September 22, 1783--
Act of December 15, 1808, passed by the South Carolina State Legis-
lature authorizing leasing of Catawba lands while securing Indians'
rights of occupancy.

Act of December 18, 1812, passed by the South Carolina State
Legislature

Act of December 15, 1815, passed by the South Carolina State
Legislature

Treaty of Nation Ford of March 13, 1840, between the State of South
Carolina and the Catawba Nation.

Memorandum to the Commissioner of Indian Affairs from Adminis-
trative Assistant D'Arcy McNickle, undated but apparently early
1937

Report of the special committee appointed by the New York Assem-
bly of 1888 to investigate the Indian problem of the State--.
Treaties with the Iroquois of New York----.
Legal Memoranda :

Response to Indian counsel memorandum regarding the alleged constitutional infirmities of the Ancient Indian Land Claims Settlement Act of 1982__

The Ancient Indian Land Claims Act of 1982: Constitutional In-
firmities

Letter from Steven M. Tullberg, staff attorney, Indian Law Resource
Center, with enclosures__.

Letter from Robert A. McConnell, Assistant Attorney General, Office of Legislative Affairs, to David A. Stockman, Director, OMB---Report by Richard Ehlke, legislative attorney, Congressional Research Service: Retroactive Validation of Indian Land Conveyances Made in Violation of the Nonintercourse Act--

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1087

Legal Memoranda-Continued

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1111

Congressional Research Service: Judicial Construction of the Con- Page
stitutional Proscription Against Bills of Attainder_.
Congressional Research Service: Analysis of the Ancient Indian Land
Claims Settlement Act of 1982-H.R. 5494 and S. 2084_.
Congressional Research Service: Report by Richard Ehlke, legisla-
tive attorney, American Law Division in re land claims of Indian
Tribes of Eastern United States--.
Memoranda from Hale and Dorr re Indian Land Claims: The United
States as "Trustee", with enclosed report "Indian Land Claims
Under the Nonintercourse Act: The Constitutional Basis and Need
for a Legislative Solution", prepared by the American Land Title
Association

Assorted Maps----

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Sampling of Petitions circulated concerning the Ancient Indian Land
Claims issue__.

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Resolutions:

Broome County Legislature, Binghamton, N.Y.

1364

County of Chenango, Board of supervisors, Norwich, N.Y.

1367

County of Jefferson, Board of supervisors, Watertown, N.Y____
Lewis County, Board of legislators, Lowville, N.Y...
Madison County, Board of supervisors, Oneida, N.Y.
Seneca County, Board of supervisors, Waterloo, N.Y

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Miscellaneous Communications and Articles:

Letter from C. F. Hatko, second assistant commissioner; to Mr.
Wilson Cornelius, Constantia, N.Y., dated Oct. 19, 1911........
Letter from Mrs. Mary Winder, Route 5, Syracuse, N.Y., dated June 30,
1920

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Letter from C. J. Rhoads, to Mr. Wilson Cornelius, dated Nov. 30, 1929

1379

Letter from Edward D. Chapman, U.S. Commissioner, to Herbert
Hoover, President of the United States, dated Feb. 6, 1930.
"A Survey of Eastern Indian Land Claims: 1970-1979", an essay by
Tim Vollman.......

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"Forked Tongues", an article from the Buffalo Courier Express, dated Feb. 15, 1982.

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"Eastern Indian Land Claims Bill," an article from Announcements, Spring 1982, a publication of the Native American Rights Fund.... 1394 "Indians To Testify Against Lee Bill," an article from the Evening Herald, June 2, 1982

1396

"Catawbas_Quiet on Lee Bill Stand," an article from the Evening
Herald, June 16, 1982---

1397

Letter from Alice Larsen, reporter for central New York newspapers
with several enclosures; to Senator Cohen..

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