Page:United States Statutes at Large Volume 78.djvu/780

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PUBLIC LAW 88-533-AUG. 31, 1964

[78 STAT.

Public Law 88-533 August 31, 1964 [H. R. 1794]

Allegheny In» dian Reservation, N,Y. Seneca Nation, payments.

62 Stat. 935.

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.

Be it enacted by 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 particularly 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 accordance with the provisions of section 3 hereof— (a) to the Seneca Nation, the amount of $666,285, as full compensation 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 compensation 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, however. 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 compensation, the district court under section 1358, title 28, United States Code, shall have jurisdiction to determine the just compensation due to the nation for said damages. (c) to individual Seneca Indians, a sum ajrgregating $522,775, to be disbursed in accordance with 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 Reservation; and (d) to the Seneca Nation, the amount of $945,573, in full settlement 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 property 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) I n making payments under this section, the United States shall be entitled to a credit for all funds heretofore deposited in

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