THE SENECA NATION OF INDIANS AND THE CITY OF SALAMANCA: AN ANALYSIS OF THE SENECAS' OPTIONS FOR RENEWAL OF THE 99-YEAR LEASES OF SALAMANCA by A. LUCIA MELE A.B. Stanford University (1978) Submitted to the Department of Urban Studies and Planning in Partial Fullfillment of the Requirements of the Degree of MASTER OF CITY PLANNING at the MASSACHUSETTS INSTITUTE OF TECHNOLOGY September 1984 A. Lucia Mele 1984 The author hereby grants to M.I.T. permission to reproduce and to distribute copies of this thesis document in whole or in part. Signature of Author: Department of Ur}An Otugi&" and Planning, 20 June 1984 Certified by: '9 // /Thesis Supervisor Accepted by: 7- Head MGP Committee OF TECHMNQ0y AUG1 0 1984 LBRAFIJES THE SENECA NATION OF INDIANS AND THE CITY OF SALAMANCA: AN ANALYSIS OF THE SENECAS' OPTIONS FOR RENEWAL OF THE 99-YEAR LEASES OF SALAMANCA by A. LUCIA MELE Submitted to the Department of Urban Studies and Planning on July 20, 1984 in partial fulfillment of the requirements for the Degree of Master of City Planning ABSTRACT The 99-year leases of the City of Salamanca expire in 1991. The total acreage encompassed by the leases totals roughly 3200 acres. The Seneca Nation of Indians, a federally-recognized tribe in western New York State, is Salamanca's landlord. This thesis presents a history of the Seneca Nation of Indians and their tenure of their ancestral land base. Other long-term leases between Indian tribes and non-Indian communities are examined in order to determine their replicability for the Salamanca leases. The final chapter presents recommendations for negotiating and implementing the renewal of the Salamanca leases. Thesis Supervisor: Professor Philip B. Herr Title: Associate Professor of Urban Studies and Planning thesis is dedicated to my mother, Bette Crouse Mele, and to my loyal friend, Patricia Mendoza, who each assumed loving care of my daughter Margherita whenever I needed so that I could complete my semesters at MIT This ACKNOWLEDGEMENTS wishes author The generous their for people information to this thesis: following the thank to contributions of time and Thomas E. Hogan Roy Campbell and Ginger Malek, Southern Tier West Planning and Development Board, Salamanca The Salamanca Press Calvin Lay, Seneca Nation Tribal Planner Regis Pecos, Cochiti Lease Committee Keith Kjelstrom, Massachusetts Div. of Capital Planning & Operations Professor Gary Hack, Dept. Head, MIT Urban Studies & Planning Ruben Morfin, Computer Owner & Devil's Advocate committee who thesis my to especially And who showed but me from pressure considerable endured the provided and thesis my in interest unfailing support that was often lacking elsewhere: Prof. Phil Herr Prof. Mark Schuster Prof. Tunney Lee PREFACE city or Nation tribal lands belonging to the are in roughly 3200 acres, will expire The history the of this shown, continu ous to As will be in that the Seneca have title the 0 pposition, substantial despite retain, a present first Seneca lands. history is unusual able been of tenure 1991. follow which pages of those lands, leases 99-year The Nation. Seneca The lands beneath the for many years. Salamanca of City most negotiation that will affect the of period important the on embark to about are Nation Seneca Salamanca and the the City of of leaders The their to and lands. What's more , the Seneca have been able to retain their lands in common, traditional to here that given to note lands reservations three customs Tonawanda, examples of Indian reservations are not most a or tribe not reservations Cattaraugus, It is important land tenure. of are lands populated preserving ancient and thereby and that definition. i taken of tribes. Rather, from tribes. the Allegany, The Seneca people, are perfect is upon depend which leasing Indian The lands. whether determine or not a benefits and problems Based on the various the Salamanca leases. of recommendations leases, communities has been set which may be replicated for the precedent renewal non-Indian to made is comparison other with comparison a of Seneca land tenure history the Following for made are those from resulting other renewing and made for implementing the Salamanca "Master Lease". are 1) the inclusion of adjustments--to change renewal in capital Finally, Salamanca. lease aggreement among their the of Seneca experts design, means various Nation, the economic by inherent Nation to maintenance are to which benefits the methods Several of by which to suggested. implement the These offer, chief presented. are potential in and recommendations these accomplish and city investment long-term attract the both for incentives 2) and dollar; the of power purchasing payments to reflect the changing lease of value the are which recommendations The to both the city and visibility and input from a range fields of development, city land planning, urban use planning and real estate development, among others. I should note that as a member of ii the Seneca Nation of interest in had Indians, the Salamanca leases and government. secrecy of time--I have members who affected by to intended originally tribal more have I than a passing their renewal. I write this thesis for my Finding this to be impossible--the being negotiations as they are at this written this thesis for my fellow tribal will the be, no resolution matter the outcome, deeply of the Salamanca Master Lease arrangement. Salamanca and the Allegheny Mountains This photo was taken from the Allegheny State Park which adjoins Salamanca and the Seneca Nation's Allegany Reservation iii Salamanca's railroad depots; the depot below is in the process of renovation and will be reopened as the Salamanca Rail Museum iv IV Rx Main Street Salamanca in 1984 V The Salamanca Bradner's Mall on Main Street in Salamanca There are currently only three tenants remaining in the mall; Bradner's, the mall's anchor, moved out in 1983 V1 8.032 NEW YORK NEW YORK C Martin Greenwald Associates, inc. vii City of Salamanca State of New York N T 0N T OW orF L A $A SAA M AMNC A C SCALE C OP ALL j7 CA. #IORT. MOUNTAIN SGHOOL ~O O NIN1935BY CLIFFORD L.CHENEY,CITY ENGINEER STED IN 1961 BY KAROL T.KLONOWSK, LICENSED LAND SURV. 4 Or 44A - / / TABLE OF CONTENTS Introduction..............................................1 Background of The Seneca Nation...........................7 The Treaty Period............ ............................ 10 The General Allotment Act........ .. . . . . .. . . . . . 25 History of The Allegany Leases... .. . . . . .. . . . . . 29 Comparison With Other Long-Term Tribal Leases.............48 Recommendations for Renewal of The Salamanca Leases ...... 74 INTRODUCTION in the railroad proudly calls itself "the world an on depot charter the Salamanca in in Salamanca tier of New miles south of Buffalo, just state line. the Erie River $10,000,000 short that Marquis the to the City years, Salamanca north of which the Pennsylvania leased right-of-way it route second Spanish whom and was a city York, Salamanca is 60 the Seneca Nation in another railway Allegheny This from later, second Railroad tiny Located in The real founder of the City of right-of-way years A accepted 1913 with over 6,000 residents. southwestern was t Reservation" . Indian 1852, only city Salamanca a railroad 1850. was Several leased for a at their junction on the the village of Salamanca grew. was funded de Salamanca in large part by who the contributed Erie Railroad, and it was him for of Salamanca from 1875 increased to was named. 1890, In fifteen the population of from 2000 to 6000; an increase of 200%. Typical Salamanca The is of now many in a state of economic depression. Erie-Lackawana Salamanca declined in railroad boomtowns, however, the by over 20% Railroad 1960s, ceased and the since that time. 1 operating out of population has The 1950 census it 6778 with an accompanying unemployment rate of 8.7%. The unemployment rate for was 35% the Seneca Nation's programs of many Administration, Reagan the under funds federal in Seneca The years. employer, but with the is its own major itself cutbacks unemployment rates have four past the during the Seneca Nation of Indians both but 1980, in increased Nation in 1970 it was 7877 and in 1980, in 8450; was 1960 Salamanca's population at 8861; city of the showed been eliminated entirely or have undergone severe have addition, the of the one was Salamanca, closed as in employers largest which Company, Tabletop Jamestown In staff. and funds in reductions the result of a fire in 1981. the Salamanca be mortgage, any amount in expire have in or must plummetted. currently without a pay enough as a down-payment so that mortgaged 1991. purchase their make to for Purchasers of new homes in 1991. all expire economic leases 99-year The Salamanca. able discourages which Indians of investment must is arrangement between the city and the Seneca lease Nation of Salamanca claim that it residents Many be may paid before the Consequently, real leases estate values Salamanca-Republican The advertising houses $13,000. 2 for sale for as little is as The renegotiation. attempted without expire simply cannot leases the legally Salamanca, of residents and Nation Seneca the the leases' popular belief among member of to Contrary renewal. of negotiating process the in are city Seneca Nation and the the both 1984, of As of Congress Act 1875 authorized the Seneca Nation to lease their land which stage. both parties are currently at this of Representatives choose renewal. the negotiate to representatives to parties both for calls specifically There have been joint meetings of the Nation's and the city's representatives to the Lease Committee, but for their the most part, both sides meet separately and speak about progress the Salamanca's future increases whites deteriorate. of Planning and Indians attracting very selfish right now, business According Development Community being are feelings and . between to Department, . . one the city's staff member of a Salamanca, resident As the uncertainty about to stall, continue and meetings. their of negotiations Indians of the Nation will nor city the of representatives Neither secretive. highly are meetings in "the terms of they're driving it out of the area." According leaseholders are to city's assessor, the currently paying 3 Salamanca the Seneca Nation a the 1974, is Both Seneca Nation their lands, city can $300,000 pay to its that annual for the lease of the Seneca Nation maintains that the but afford maintains more receive should lots at $150 the Nation agree that the and city the rent. Some of the vast majority are for 75' x 125' leases residential in new from interim period. commercial leses, but are years ago, mainly derived leases entered in the 50-year these increase The leases. some lessees $11,000 annually from the received Nation Ten $1 a year. as little as paying are $44,268 in annual rent; total of combined while can only afford residents city the to pay $75,000 in annual rent. Seneca Nation has had a difficult history The in the title to maintaining Revolution, the has opposed received leasing of a their non-Indian which were lessees agreed Nation of after the local Seneca of reservations, the Seneca Nation claim During lands. have particularly during the Treaty Period and formation and base and also in Ever since the end of the American its lands. leasing its land has claim to the title to their past ninety two years, the Seneca disproportionately small sum for (compared to rental rates of lands lands). to Even despite the small sums 1892 as annual rental, in experienced Salamanca the were 4 periods consistently the during which lax about paying rents; many lessees did not pay rent for their as long as 19 years. In 1939, resolution in Seneca of was to able therefore one of the number a cancel of and to increase, even minimally, the and to on Salamanca had it effect Act in 1950 to authorize an passed Congress city the and case the to collect rents from Salamanca leaseholders This act has had the desired effect of Nation. expiration date sum the the lands larger substantially to anxious reached, for leases. forfeited As the the current leases approaches, the of is Nation is of number the agreement a lump sum to the in rents annual the pay minimizing annual against suit of the the Nation received in annual rent. As a result leases, Seneca behalf on in favor of the Seneca Nation and the leases this Seneca a brought held forfeited amount States, United in order to test the Seneca Nation resolution. court Nation cancelled all leases which were then The Nation, lessees The which default. Seneca Nation finally passed a the than that, whatever ensure lease they receive will Nation that will be $44,268 the an they now receive. Despite businessmen, potentially consistent despite disastrous, efforts the efforts 5 by unscrupulous well-meant, of albeit Congressmen and the politicians, other a Without been has of group that title. as a tribe, as a distinct survive to able Indians is well aware of that. "Land NOTE: Indian the is Base" to relationship term used to land. Indian politically--is and legally, land--traditionally, not owned individually by members of the tribe. the land federal recognition Massachusetts and tribes as the tribe depends. the (eg, the Wampanoag of Lumbee of North Carolina) have Indian people are of Many precisely is government is unable to prove their special political tribes. It a tribal land base who are now seeking without Groups is tribal and upon which the culture of based been the which upon base And with specific political rights. people the denote the Seneca common land base, no group of Indian people the Seneca Nation of AUTHOR'S maintain to fight always will Nation the cost, matter no that know Salamanca The residents of exist as a tribe. to continue will the Seneca base, has ensured that the Seneca Nation Indians of Nation land its to title the retaining By land base. its of ownership retain to managed Indians has Nation of Seneca their has caused their lack of the belief a tribal that it land base which loss of a tribal identity. 6 status as OF THE SENECA NATION BACKGROUND the Iroquois Confederacy. of nations the the their confederacy, This political most powerful The The white contact, union group Onondaga, formed of Five Nations, with Cayuga, and Seneca. established the Iroquois as the indigenous of people north of was more than an alliance. Confederacy purpose of forming the League was to join the five and responsibilities In councils. Tuscarora body, one into nations the League the Oneida, Mohawk, Mexico. the that most of the mid-1600s, the Iroquois in occurred the West Before were. enemies Iroquois was to it since had which the of members and the strategic importance that position Confederacy therefore westernmost the as position their as "Keepers of title which represents league a Door", Western The Seneca have themselves to referred traditionally one of six Indians is of Nation Seneca The 1722, a as each with specific with political representation at the Iroquois Confederacy admitted sixth nation after the Tuscarora fled North Carolina. The democratic Confederacy's union of novel concept of a separate political bodies caused 7 Benjamin Franklin to write, a very strange Thing, if six be would It be should Savages ignorant of Nations of forming a Scheme for such a Union capable yet that a like Union should be and . . . a Dozen English or ten for impracticable Colonies, to whom it is more necessary (1) over victory the Treaty had fought against establishment England's struggle for The Confederacy was the them with the British. of the United States came the Period and the formation of what were to become reservations. to its some Iroquois nations sided with the Americans, others With colonial in when broken when the American colonists opposed finally while the in proven factor (the "French-Indian War"). Canada Crown; France was decisive the became alliance the strength Confederacy's The 1600s, Illinois. dwindled At the height of Iroquois influence in Iroquois country extended from New England By the end of the 1700s, Iroquois land to several thousand interspersed acres in New York State, Quebec, and Ontario. 1. Quoted in "The World of the American Indian", National Geographic Society, Washington, DC (1974) p. 8 1 33 ultimate of the one was itself Peace founders of this the by at aimed objects the by secured be to Oligarchy, Indian surrounding of subjugation or admission, In their progressive course, their nations. had stretched they until empire enlarged, chain around the half of our republic, their names a terror from the their rendered and the deepest to and England New of hills when the Mississippi; the upon seclusions their arrested race another of advent and prepared the way for the gradual career, and council-fires their of extinguishment the desolation of the Long House. (2) 2. Mlorgan, Lewis H., "League of the Ho-de'-no-sau-nee, p. 7 6 The Iroquois", Sage & Brother, Rochester NY, (1851) 9 THE TREATY PERIOD Iroquois Land Cessions and the Establishment of Reservations The first treaty made between the Iroquois and the United States was made at Fort Stanwix in 1784. By that treaty, the United States gave "peace to the Senecas, Mohawks, Onondagas, and Cayugas" and received them "into protection" upon the condition that the Iroquois relinquish any claim to lands they formerly held to treaty was the West of the Ohio River. (3) This later referred to and confirmed in a subsequent treaty at Fort Harmar in 1789. The next treaty between the United States and the Six Nations was made in 1794 and is known as the Pickering Treaty. (Pickering was the US Agent assigned to treat with the Seneca). boundaries for This treaty established four separate reservations in western New York, acknowledged lands reserved for the Oneida, Onondagas and Cayugas in their respective treaties with New York, and established boundaries for a single Seneca reservation: ". . . Now the United States acknowledges all the land within the aforementioned boundaries to be the property of the Seneca Nation, and the United States will never claim the same nor disturb the Seneca Nation . . . but it shall remain theirs until they 3. October 22, 1784 10 choose to sell the same to the people of United States who have the right to purchase". (4) the New York and Massachusetts Dispute Claim to Seneca Land after the American Revolution, a problem Soon became evident grants had of to North America, was Massachusetts latitude west extending Ocean. the through of colony The formed by a conveyance and grant by a to Council Plymouth the 1620, James to 48 degrees north Pacific the to continent 40 and Atlantic the that for the same land: Council of Plymouth a tract of the from York and Massachusetts. On November 3, Seneca Nation. the granted the part, in were, First from New colonies, grants These two separate land been issued by the Crown and had passed to separate two due to the fact that Sir Henry and Roswell Associates. On granted to James, country in North northeast, the east the side Duke of of Charles Second the York and Albany, from America, river of 1659, 30, October the "all New Scotland on the Canada on the northwest, on the to southwest, Delaware Bay the grant to the Plymouth Company, excepting thereout including Massachusetts and Connecticut." (5) This 4. February 21, 1794 (Article 3) 5. Opinion of Atty. Richard Harrison in "Report of R.H. Gillett to C.A. Harris, Comm'r of Indian Affairs", Feb.7, 1896 11 by the colony grant was eventually claimed land of New York. the After and jurisdiction. government to and Massachusetts of rights Robert 16 to New York all claims of In turn, "New York ceded right the nations and (6) Massachusetts of state of entered was States, Nation of Morris for, 1791. into for the separate parcels, lands from the all claim reserved Morris and Seneca except Nation, approximately 1797, of an the the Seneca This contract essentially $100,000, land 15, sanction under Robert between Indians. September on later, years United disputed on December reached except sovereignty &c." the This Morris on May 11, Six York and when it sold the rights of preemption to did agreement land claims. New grantees its ownership Added) [Emphasis promptly of the US appointed from the [Seneca and Tuscarora] preemption all ceded Massachusetts whereby states was compromise A 1786. new of met in Hartford, Connecticut in December Massachusetts of framing states the for commissioners the their disputed settle to commissioners The two the Constitution, and war sold to previously lands thereby amounting to nine for 300 square miles in 6. Letter from J.R. Jewell, US Indian Agent, to W.A. Poucher, US Atty. for the N. Dist. of NY, Feb. 7, 1896 12 total. (7) The Ogden Land Company and Its Claim of Preemption to Seneca Lands the assigns, and deeds various Through to title preemptive Seneca lands came to be held by Holland Land Company, last known as the Ogden Land the is It Company. land claims acts as and they the Seneca, into question. to relate act "the or in Webster defined. variously been or of buying right preference to others; such a right granted to a settler on public World New (Webster's Dictionary, Second Ed., Burrill's Law Dictionary defines preemption as 1979). the Crown by appraised for the valuation without a thing--a privilege formerly of buying up provisions and other the by necessaries, purveyors, of buying first enjoyed even congressional land claims before etc. especially "the attempted "preemption", defines land" that has cast much of the has "Preemption" land, preemption of intervention the King's use of his royal households at an in preference to all others, and the consent of the owner" 7. Agreement With The Seneca, Sept. 13 (Vol. 15, 1797 11, 326, in cited "right of value, The issues created supra). Jewell, preemption"--particularly if any, has or other legislative had its by the monetary the strongest effect on any legal actions bearing on Seneca land tenure. The In it. 52 the by, understood signed and genuinely was effectively interpreted to, it that between the Seneca and diffuse that it is difficult to believe so is Morris of 1797 agreement the Seneca sachems and chiefs who of the agreement, closing it is stated: by and understood is hereby it "And the parties to these presents, that between parcels of land as are or pieces such all particularly not are and reserved hereby as to the manner in which they are described shall be laid off in such off, laid to be by the determined be shall as manner near the at or residing chiefs, sachems, where such reservations villages respective . "(8) are made . . of Several not are measured to difficult particularly described" the parcels "not in the contract and it determine the acreage or is therefore boundaries of those parcels. How contract the cessions of Treaty. The 8. stringently with Seneca the Seneca Nation adhered to Morris is unclear. Three separate after the Pickering land occurred Pickering Treaty Ibid 14 is important in Seneca history because established Such an to arrangement between US treaty, remaining to them. The today which for the Nation. made it easier for lands because during the Treaties, the Seneca Nation agreed of there its land were base. By the only five reservations States, the Buffalo Creek Treaty, was made This treaty is familiar to most Seneca even as it was one of the most controversial treaties ever to occur between the United States and an Indian nation. The Buffalo Creek Treaty occurred during the period of being forcibly ancestral Indian lands present-day for reservations treaty next treaty between the Seneca Nation and United 1838. first apparently cessions following in the to procure Indian further the was separate non-Indians period it Removal, when dispossessed and Oklahoma. moved The entire nations were of to "Indian famous example, was carried out their homes and Territory", Cherokee removal, by Andrew Jackson and the US Army in direct defiance of a Supreme Court decision in favor the Ogden the treat the of the Cherokee (Chief Justice Marshall and Indian Removal Act of 1830). Land United with Iroquois Company, the At the assignees of Robert Morris, States appointed a special the Seneca were behest of the commissioner to and other Iroquois nations, and enjoined 15 to remove to the West. Article Ten of this treaty dealt specifically with the Seneca: the making of this treaty, at whereas And Fellows, the Joseph and Ogden L. Thomas Massachusetts, of State the of assignees of Nation Seneca the of purchased have the with and presence the in Indians, States United the of approbation States United the by appointed Commissioner, the all convention, or treaty, said hold to of the claim and interest, title, right, certain lands by a to Nation, Seneca said . and whereas the . . conveyance of deed mentioned in said deed, money consideration and two-thousand hundred two to amounting . the balance being the sum of . . dollars and two thousand dollars, is to hundred one paid to the owners of the improvements on be so deeded . . . on their severally land the possessions respective their relinquishing (9) Fellows. and to the said Ogden following Immediately of this remonstrances, or formal protests, with substantial The from support remonstrances charged had to opposed treaty plied at with been emigration the had of Genessee, Baltimore. 1) a majority of that: signed not Friends and York, New chiefs of Society Philadelphia, had of signing began to send a long series Seneca Nation the treaty, the treaty; been These Seneca 2) that those invited to sign the the Commissioner t s quarters where they were alcohol; paid a and 3) that at least eight chiefs sum total of at least $21,600 "as a 9. Treaty With The New York Indians, Bufflo Creek, Jan. 15, 1838 16 seducing for reward their fellow-chiefs, to sell Various (10) unwilling constituents". their the lands of other charges were made by various deponents including forgery, kidnapping, agent, Company's affixed as Potter, witnesses and kidnapping Agent, Indian US the Gillett, by/of Commissioner bribery and of all the and whose were names are (The charges of to the treaty. forgery Ogden Land never substantially supported). The document submitted to Congress by the Friends alleged: its resources, this company is in Powerful means to dispossess the various by seeking and wherever a treaty is Whenever Indians. held with this nation, then and there be to its by Company Land Ogden the find we put in operation their to prepared agents, persuade or drive these Indians to measures sundry By . . homes present their from Seneca the by us to exhibited documents, at held council late the at Indians chiefs eight to that it appears Cattaraugus, the payment of $21,600 was nation, that of faith of written articles, the upon promised company's agent for the the by executed duly (11) aforesaid. purposes These charges were answered as early as 10. Friends of Genessee, etc., "Memorial & Remonstrance to the President of the US, in Relation to The Indians of 1840 NY", 11. Ibid 17 1838, of February Gillett Commissioner treaty. the one month following the signing of "The illness of Affairs, Indian of Commissioner upon persons less rely to me negotiation compelled responsible as the organ of communication. to some negotiation." (12) as exist Buren Van President delay. considerable amended this by legitimacy to Congress. A the treaty's to contend be had elapsed and its proclamation merits that the members of committee which debated Senate wrote, by doubted seriously a treaty's the caused which -- greatly been had treaty The date, special between the years treaty the of been duly ratified, on have to Two 1840. 4, signing the Society of the Treaty of Buffalo Creek was proclaimed by Friends, April continuous protests of and substantial serious doubts in the Senate and of Indian Affairs, and despite the Office US the that transpired during the things the Despite This fact may misapprehensions, which are said to some for account interpretations. such upon placed Subsequent reliance could not developed the fact that full events in the States interpreter during the early part of the United be the to wrote " . . signatures . but it of the is in vain last ten 12. Letter from Buffalo Creek Comm'r R.H. Gillett to C.A. Harris, US Comm'r of Indian Affairs, Feb. 27, 1838 18 or a signing of the senate." Quakers as was contemplated (13) vociferous objections of leading the and the fact that many of the articles of the made the signing two years after with proclamation. This treaty, made its the Senecas, restored to them two of ceded. The Seneca reservations, but (the of largest previously the to title they Cattaraugus agreed the four) ceded to the and Allegany to cede Buffalo Creek as well as Tonawanda. acres remaining to 114,867 Ogden Out the Seneca, 62,720 were Land Company which also hold the preemptive title to Cattaraugus to continued years after of the original Buffalo Creek Treaty, and reservations regained a second treaty Creek in 1842, four Buffalo at four unexecuted, essentially exclusively thereby by the resolution to was of is Due were treaty the mission, the three who have sent their assent lately, of such second were obtained on the which [chiefs] and Allegany. The had war the torn between the colonies and the Crown Iroquois Confederacy apart. The Treaty of Buffalo Creek had a like effect on the Seneca. of the treaty 13. supra, most debated was One issues from the first, fraudulent whether or not the "chiefs" who signed the Quoted in The Society of Friends' p. 1 7 19 Memorial, document and had actually any authority to do so. Confederate law had always required mothers should of Yet many at Buffalo authority to the the "chiefs" who' signed the first treaty Creek were chiefs not to represent the Seneca people. US Commissioner that the clan chiefs in open council. the appoint Tribal Commissioner Gillett, of Indian and had no In a letter Affairs from in which Gillet answers charges made against the treaty, he states: persons, eleven that swears Kettle Big the treaty, signed had chiefs full not by furnished now statement the while others, affirms that there are and Robinson The Indian agent's letter to me, seventeen. states that report, former my to annexed Amid regular chiefs. eighty-one are there many conflicting statements, which one is so The agent is be adopted as the true one? to list of his had and intelligent man, an the prepared he when him before chiefs I have no hesitation in me. for statement his statement in preference to either taking ones furnished by the contradictory the of objectors [Seneca chiefs]." (14) 14. Letter from R.H. Gillett to C.A. Harris, US Comm'r of Indian Affairs, 21 March 1838 20 The Seneca Nation of Indians and the Tonawanda Band of Seneca effectively Treaty had Creek The Buffalo "non-emigration chiefs", To government. of tribal call for a new the Treaty of chiefs tactics had been used during the war the failed, American the and colonies between of the behalf on acquiese to them Similar Seneca. and when these Crown soldiers attempted to make chiefs of in their appeals for a Seneca alliance. warriors future, the in structured Many similar prevent a new government needed to order to tradition has in to order in that believed occurences be House) (Long United States had taken advantage the pressuring Seneca warriors, Seneca political system by singling-out the and a the signing of acquire Creek, Buffalo versus traditional in part took all Senecas, chiefs versus Senecas Christian versus chiefs" "Emigration Seneca. the split the protect Seven Generations. Iroquois making the any subsequent only sacred generations. represent their obligation generations this long-term decisions for utmost care must be taken to reason to the member nations, statesmen contemporaries; there for of their constituents as well. that a struggle 21 the seven provide for Iroquois provide held that in always the did not was a unborn It was for began, to establish a new system. Seneca political After the With in 1842, formally These, States. United the The Senecas reservations Seneca two but were there Treaty the recognized by Cattaraugus and Allegany reservations, became the base of The Seneca Nation is the Seneca Nation of Indians. former the that upon constitution tribal Tonawanda remnant Seneca, who never tract of 12,000 acres, justifiably angry when the Seneca agreed, as they were did The their from emigrated new a which the government of the Seneca based. is Nation 1848, in adopted, of Seneca in Band Tonawanda the from distinguished 1842, in felt need to relinquish that land. compunction no for the treaty nor any pressing to break with political tradition. Constitution The of the Seneca Nation called election of a president every two years, with for the the change and Allegany. of office to alternate between Cattaraugus Enrolled Senecas from both reservations would elect a president who would serve After those two president from treasurer are alternating there They therefore two years. for years, the Seneca people would elect a the other reservation. likewise between the elected two for The clerk and two year terms, reservations. Finally, are sixteen councillors elected, eight from each 22 The reservation. last The and Tonawanda that it old government of the today, firmly the United survives the Nation's constitution. founded on States year Indians of Nation Seneca 136 the Band Seneca of made treaty between made was 1857 in The treaty Senecas. acknowledges the errors Treaty and restores made with the is unusual through Tonawanda to in the the Buffalo Creek Seneca, although at a financial gain to the Ogden Land Company: heretofore was treaty certain a Whereas of New York Nations Six the between made States on the 15th United the and Indians and another between 1838, January, of day Seneca Nation of Indians on the 20th day the 1842, by which, among other things, May, of granted and Indians of Nation Seneca the and Joseph Ogden Ludlow Thomas to conveyed reservations Indian certain two the Fellows the as known York New of State in the Tonawanda the and Creek Buffalo be surrendered to the said to reservations, and Fellows . . . and . . . . Whereas, Ogden divers reasons and differences, the said for to the said as unexecuted remain treaties of band the and reservation, Tonawanda residing thereon; . . . It is hereby Senecas the Tonawanda band may purchase that agreed and Fellows . . . the entire Ogden said of portion such or reservation, Tonawanda may be willing to sell and they as thereof willing to purchase; and be may band said United States undertake and agree to pay the of sum said the of out same the for condition that express the upon $256,000, rate of purchase shall not exceed, on an the so land The acre. per $20 average, of deed by taken, be shall purchased Interior of the Secretary the to conveyance United States, and his successors in of the to be held by him in trust fee, in office, band of Seneca Indians Tonawanda said for 23 and occupation, use, exclusive their and until the State of New York shall enjoyment, persons, or some designating act an pass State, to take and that of officer public said land upon a similar trust for said hold they shall be granted by whereupon Indians; or public persons such to Secretary said officer. (15) Tonawada Reservation was thereby The to the Seneca living of the the on it and the two separate bodies trust by the State Seneca reservations are held in York people. The and All three of tribe became officially distinct. New of Nation of Indians owns in common Seneca Tonawanda the Cattaraugus; the over jurisdiction has in common by the Seneca owned are and restored Band and Allegany Seneca of has jurisdiction over the Tonawanda Reservation. for powers Indian Office Indian history Indian tribal words of nations", treaty-making decision and in agents. And which the U.S. governments, Indian one government U.S. superintendents Iwards". abolished tribes in 1871 and replaced tribal with makers Congress U.S. The made so began a period Government, not Court Justice, apparently unfit the decisions for their tribes were to be considered, Supreme in in the "semi-sovereign for the responsibilities of self-determination. 24 THE GENERAL ALLOTMENT ACT Dawes would permanently own they "They have got their land in were treaties, allotted Indian white degree, the baffled Tecumseh, had air, and his stripped passed . in "forever" divided After among . no (16) Under it, 1887. in previous U.S. tribal members and proclaimed, the clouds, and fellow of lawmakers its concept European land And, to a very owning land had Americas. the in Indian land ownership had always people. of As the Shawnee leader, "Sell a country?! Why not sell the great sea as well?"(17) believed base, and that its if 6 25 Dawes a tribe was members 16. Henry Dawes in 1885, quoted in Vine Deloria, "The World of the American Indian", supra 17. Quoted in "The World of the American Indian, p.32 is there a period of 25 years, said of concept settlers similarly the . be eligible for sale by the allotee. The great be severalty. in lands would baffled to common promised often lands, tribal as far as they can go because was Act Allotment Dawes The As Dawes common. in is at the bottom of civilization". which selfishness, legislation that the tribal law of end held land namely, ownership; maintained, irrevocably and U.S. Senator history. introduced Massachusetts of Henry land U.S.-Indian in Period" "Allotment by the followed closely was Period Treaty The gained supra, individual such a those title process people, the would and assimilating, the Without a tribal land (title in severalty), that erase the tribal characteristics of hasten the proccess of "civilizing", the opposed to to Indian. Dawes Indian Allotment land base, retain their tribal people or immediately Act for those very reasons. Indian people would not be able identity. This was a price which no Indian people were willing to pay. The Dawes assumptions. race", destined measures among today almost 200 to for a were land held single overseen of by this land reason no base of an in severalty was to of an allotee as is the case this legislation. After allotment to be divided among some amounting and was a "vanishing For the fundamental this form of land ownership, it is not "3,124/115,755,091,200ths t . heirs, expand heirs two Indian extermination. the heirs, of the Rather, years of upon based for tribes affected by 100 uncommon was that taken tribe". divided even was for were Itallotment be One Act the the to (18) shares such as The reckoning of kinship, inherited portions of an allotment U.S. Indian Office and agencies thereof. The based was other that "civilization" 18. assumption upon which the Dawes Act was lands of owned in severalty would hasten the tribes, transforming Ibid 26 Indians into church-going rigid farmers. To (read:written) regarded by primitive. land regulations Dawes Lands hold and were his in for common, with no its inheritance was contemporaries as unduly therefore divided between enrolled members. Heads of households received allotments of 160 or 320 acres (depending upon the climate and soil condition of the tribe's land. land After tribal base); the land members, Government 8,600 to acres declared Cheyenne for and "surplus" (19) the were was open by the 207,000 mattered acres tribe had previously depended upon Hunting tribes, such as the dwindle allotment; were little to the U.S. Kiowa, were allotted most frequently. to U.S. The Iowa tribe retained while It allotted less summarily divided among settlement. sub sistence. continued through been allotment whether agriculture lands after "surplus". Government had the white individuals Tribal even after being "guaranteed" individuals leased all or part of their allotments to local farmers or ranchers and after 25 years were to sell able the lands outright. The pattern of ownership on tribal 1ands became checkerboarded. As relations one remarked, supervision purposes impression 19th . is . Century "The evidently . that observer present system temporary It carries, upon the presence of 19. Ibid, p.369 27 of in all the its U.S.-Indian of national plans and its features, the Indian upon this is temporary." continent It was brought of the lease during the Allotment Period that pressure to bear on Congress to divide the remnant lands Seneca severalty. major was (20) And and it to was legislation allot also for ancestral their during the this period City of 1851 "League of the 28 in that the Salamanca was passed. 20. Morgan, in his supra, p. 457 land Iroquois, the Allegany Leases History of rights-of-way through of granting the in the early railroads of introduction the With Indian 1800s came lands across prone to the trespass of the burgeoning industry due to the In right-of-way with construction of the 1860, Railroad. rather secure than negotiated a the Seneca Nation and in 1852, completed a railroad along the Allegheny River which Allegany the Railway Erie the 1950, exception. could Allegany Reservation was no The land. individually-owned dissects commonly-owned, through rights-of-way companies railroad which with ease Indian lands were particularly country. the Reservation. Erie constructed (21) At the Eight years later, in Atlantic & Great Western their junction on the Allegheny River, the village of Salamanca grew to a tiny city. At employees businesses people had leased per acre) junction, homes were built for of the railroad companies which in so that by the 1870s, residing companies, railroad this there were some 2000 white on the Allegany Reservation. through a turn attracted sum their negotiation total of The railroad for the rights-of-way 169 acres for $5385 (about $32 forever, or as long as the railroads remained in 21. H.R. Rep. No. 2786 51st Cong., 1st Sess., to accompany H.R. 10130 (July 22, 1890) 29 said railroads for village by employed to other people until at that point . and . of but the village was composed of hastily 1873, the reservation lands of beyond the were under only therefore, effect and account of the invalidity of the on buildings tenure the In lands had sprung up the (23) leases." were people lots and afterwards in 1875 a large village constructed cheaply uncertainty . "At Nation. Seneca the Indians began to lease lands to white the Salamanca of members from individually to lease lands began attracted they businesses the and the railroad companies Employees of (22) operation. their on York State courts decided that New a federally-recognized Indian nation The Seneca jurisdiction of state courts. protection the Congress of Acts All use. of U.S. could treaties have and any valid leases in effect at that time (24) were thereby nullified. Congress Authorizes Seneca Nation to Lease Lands Due residents Congress of to the overwhelming Salamanca passed an act and other 1875 in uncertainty among white villages entitled, on Allegany, "An Act 22. Thomas E. Hogan, "Salamanca, City in a Quandaray", NY History (January, 1974), p. 85 23. H.R. Rep. No. 2786, supra 24. Hogan, supra, p.88 30 to authorize lands to the within confirm p. 3 18, Seneca leases 30 the Cattaraugus and Allegany Reservations and Feb. to leases of New York Indians to lease existing leases". , 19, periods entitled Nation the 1875) not lessee expired in This Act restricted renewal of to to (U.S. Statutes at Large, Vol. exceed seek 1892. 12 years, further and renewal when the Furthermore, the act prohibited individuals from instead approval of the Seneca Nation Council the also entering leases as lessors, requiring for such contracts. This residents of initially. began Act seemed to satisfy the Brick village -- buildings large usual enterprising that a saw mills, Among these were lace factory, two national banks, industries that go to make up an active and town." third Rochester 1880. high school with buildings costing $40,000, a tannery, the of Salamanca, at least "substantially built" -- to be constructed as early as a and growing both the Nation and the (25) It was during this boom period railroad was built on Allegany, the Buffalo, and Pittsburgh Railroad, which also joined the other railroads at Salamanca. By increased increase 25. 1890, from of the 2,000 (white) population in 1875 to over 6,000 in 200% in fifteen years. Ibid 31 of Salamanca had It seemed to 1890: the an "city fathers" of that -- -- Salamanca as it no doubt did to the Seneca the city of Salamanca would continue to grow at an astounding rate. twelve years growth and Salamanca But seemed the limitation on lease renewals of too long-term wanted short a period for the economic investment to attract, that so most plans residents of were drawn for further congressional action. As attorney, his the "A 1000 He a The Between of U.S. in scheme (which he citizen Salamanca as "Commissioner" every four was to oversee the division of and 300 acres in West Salamanca, and Carrollton into "proper streets Thereafter, said Commissioner lots a Indians") wherein the Seneca Nation House, Great Valley and blocks". devised the United States of America and "Commissioner" acres said the Atlantic & Great Western's therefore Nation elect years. 1874, railroad companies by restricting leases to Treaty Seneca would Red other years. named as John W. Street, had foreseen the difficulties for and twelve early would for ". . . offer for sale leases the term running ninety-nine of all years from the ratification of sum per foot frontage on the abutting street or be of less $10 than one dollar classification the this treaty", and Seneca Nation] change either in prices would "not exceed the per foot frontage prices . are approved they shall . and after such [by the Council of forever after remain without classification 32 . or price so far as The his that estimated Street (26) Indians is concerned of Nation Seneca ." [Emphasis added.] would plan generate an income of between $30,000 and $75,000 to the Seneeca annual Nation. Commissioner the (since the Seneca opposed of in article job of also opposed the plan as the railroad companies' arrangement. lease which indicated that Street wanted The companies railroad reduced between to a which powder." interests Salamanca an featured the commissioner himself and that he represented only the for the until 1924) and to Cattaraugus-Republican, The millstones be a negotiating newspaper, Salamanca mistrusted greatly citizenship citizen and U.S. a the proposed plan. Residents they be to be a non-Indian of the Treasurer of the Seneca Nation, position the usurp to was granted not were Indians the Commissioner for called also of However, due to the fact that the year leases. ninety-nine It was provision the included which plan first the also businesses and sizes. lot maximum established and residences), plan set-back requirements for (including zoning particularly detailed, required was plan Street's interests which were referred to as "the the Indians and whites (27) [were] There also appeared 26. John W. Street, Atty. for Atlantic & Great Western RR, to Comm'r Indian Affairs (Aug. 29, 1874) May 14, 1874, Cattaraugus-Republican, 27. quoted in Hogan, supra, p. 90 33 to to be likely the apprehension proposed of among residents lease payments due to the fact that seemed excessive; the majority leaseholders in 1874 paid a total of one to five dollars per year and Street's plan required a minimum rent payment of ten dollars per lease per year. Seneca Nation Opposes Efforts to Allot Its Land in Severalty In any event, at that time Congress was already in the process of amending the bill which was enacted in This bill had severalty Ogden the and to intended to allot Seneca land in extinguish the preemption title of the Land Company. (28) However, and much to their credit, Seneca Congress allot the originally 1875. Nation through was successful another series lands in severalty would Nation. Why, among members only some they asked, in convincing members of of remonstrances that to be unfair to most members should of the lands be divided of the Nation and redistributed equally when members had made "improvements" on the land and had begun farming? In a remonstrance President and Council to Congress made in 1874, the of the Seneca Nation advised: Your petitioners would further state that they do believe that every part and all of their lands are needed and required by their people; that they as a Nation have discharged their duty in this, that no Indian is a charge upon the poor-fund or poor-house of the whites; that no Indian suffers for the want of food, 28. Hogan, supra, p.93 34 or warmth; that provision has been made clothing the education of all our Indian children; and for the counties in the criminal records of that our lands are located will show that crimes which are very much less frequent among our people than among an equal number of whites adjoining us. with personal Our churches are sustained attendance and with money . . . Your petitioners would further state that they are an agricultural can be assured of holding that if they people; lands they can make permanent improvements their to deprive them of made effort that every but in that prevent action tends to their lands that all they need and ask is such an direction; as a possession their continued assurance of proposition any to consider by Congress refusal providing for the sale of their lands. (29) in a need the remonstrance value of other villages Congress white the doers and have Mr. B.W. Harris, Indian Affairs, and submitted the reported settlers Under this state of villages the by fulfilled among already that "The made upon land in Salamanca and the improvements these the to transforming him by in severalty. on Committee House $3,000,000. convincing and there was therefore no Nation Seneca allot Seneca lands to Seneca the of Indian farmer--was church-going members of the severalty--civilizing into in successful the purpose sought in allotting Indian lands that Congress was remonstrance The no trespassers remedy . . . is the case, estimated at the residents in whatsoever against Their only dependence wrong now is well-known and long-acknowledged high sense of honor of Seneca Indians". (30) 29. H.R. Rep.No. 472 43d Cong., (Apr. 20, 1874) 30. Ibid 35 Through 1st Sess. fortuity and considerable convince their political Congress anxieties inevitable skill, to defeat about of of persuade white allotment of severalty, it the the hence thwart the residents' preemption to prevent residents 99-year of to oppose 1888, the Ogden (31) cancellation be able to to allot the Seneca the last of which also Company's claims would investment desired surely by of their claim so, in 1890, sought a long-lease proposal for a attract residents Such an the long-term financial of Salamanca, simultaneously increasing the value of the Senecas' Hogan, supra, p.95 36 while lands. Congress Amends Authorization To Lengthen Terms of Allegany Leases The Committee on Indian Affairs, to whom 31. to The Land Company was able arrangement with the Seneca Nation. arrangement the those lands be allotted in until Salamanca lease Salamanca proposing Seneca lands. this to efforts to procure the same for bills extinguish of claim the purchase of the Seneca lands and introduced to long-standing Ogden Land Company would rights to Several of Should first sought the residents surely were land base, the Ogden Land Company which also served to claim lands their tribal ownership. was Allegany. themselves. to lay to rest changing the title to their land from communal to individual preemption H.R. 3080 and losing consequence Ironically, the Seneca Nation managed to was referred the bill H.R. 10130 to amend the 1875 act reported, The present bill proposes to extend the term of these leases from twelve to ninety-nine years--and in that respect only does it change the law of 1875--It is urged to the Committee that the growth and prosperity of the town is retarded by the shortness of the term; that manufacturing on any extended scale or involving any considerable outlay is prevented; and that strangers, who would make desirable citizens, are kept away from the place . . . It seems to your committee that the Indians would receive a great benefit from the growth of these villages, as it would tend to increase the value of their land * . . " (32) And 1875 not law exceeding 1890, the to extend leasing periods "for a term ninety-nine lessees of the 99 years) term the years" (33) to renewal of the In the 1875 law, to land at the expiration (1892) and for further renewal when those terms expire Nation annual parties On September 30, there is a specific clause in Section Three which entitles that it was agreed. was amended however, of so and the lessee rents or the in 1991. cannot agree conditions the lease shall of (not exceeding In the event on the amount such leases, the "choose one person, as referees to fix and determine the terms of said lease and the amount of annual chosen can rent to not be paid; agree, they and if the two so appointed and shall choose a third 32. H.R. Rep. No. 2786, supra 33. Act of Congress, 51st Cong., 37 1st Sess. (Sep. person to 30, 1890) act with them, whom, shall be (34) According the an Nation the award of whom, or the major . final and binding upon the parties to are individual this arbitration clause, each obliged by to negotiate event that the two agree upon the choice part of . . . " the city and this legislation to choose the leases' renewal. cannot reach an agreement, In the they shall of a third person who shall act as arbitrator. This terms of is Allegany specifically Seneca Interior an a authorized detailed into by itemized existence and treasurer. was Congress amount and leases were or of to "ascertain each $5 per of in the 1892 and report to of all the leases made and and Indians every work for 99 . . lease . giving now in terms of each lease amounts due on each lease." renewed in 1896, the Department of the with the date and delegations There In the Seneca Nation of force, annual rental of leases Section Six of this act deals statement statement or events of leases. with rents and calls for their recovery by the Nation entered the last Congressional Act bearing on the (35) Subsequent revealed that 1,080 years for an average lease. was apparently disagreement as to the number force, the area they encompassed, 34. Ibid 35. D.M1. Browning, Comm'r Indian Affairs, to D.R. Francis, Sec'y of Interior (Dec. 10, 1896) 38 and the to whether the 1890 amendatory act required as question of Commissioner the the Indian In 99-years. leases gave rise to the question as to of renewal for which said leases should construed one way lessees." (36) the to collection On amendatory another Indians and another way by the was reportedly question This leases. Allegany the by be reserved and was New February act annual rental payments for 28, 1901, Congress passed authorized which the U.S. Indian York Agency to collect annual rents in for place of the treasurer of the Seneca Nation. rents the of Agent Such settled soon although there were serious problems developing thereafter, related the Acting to the Secretary of Affairs wrote time the 1898, that "The language of the latter act relating Interior to of terms allowed merely or (31 Stat 819) would ensure that the would not become delinquent each year as had been the an amendment, it was hoped, case in 1901. 36. Jan 13, 1893 39 Seneca Nation Confronts Problems With Rent Collections that discovered soon Nation Seneca The fact the Despite In Interior. ascertained that McLaughlin in then in spoke 85 into divided the particular location, I sub-lessees the inadequate." 37. of that within had been divided and were there appearing in the one lease subleases "but regard Inspector lease. each which noted rental to as inequalities has been paid, and any total of leases and subleases to the Inspector The of the names there were 1471 original leases of number bringing sub-leased, 1911. a force, on unpaid amount delinquent Inspector rental on each annual date to which the rental the lease, of amounts the the listed he 1911, to the Secretary of the report report, his lessees, original his made McLaughlin James schedule" and had since been which from the desireableness of the annual this "glaring rental paid by many of tract as unreasonably (37) Inspector Jas. McLaughlin to Sec'y of Interior (Jan. 25, On and make a schedule of January 25 of On force. in then leaseholders in Indian Affairs appointed Salamanca to go to Inspector leases the Office of 1910, 29, November was then agent Indian allow their payments to lapse. to continued Salamanca U.S. the that collecting the rents, most for responsible an payments would be made to the Nation. rental annual that did not have the desired effect of ensuring act amendatory the 1911) 40 But by M4cLaughlin was the Indian Agent. the new leases flagrant for the were drawn in force. that In " a delinquent, lessees and up, reference some during guilt-ridden occurences, upon was which in Salamanca rentals were had been several years in the last six days I was in Salamanca, by Agent Walker, which he stated of excess the any (38) Agency." amends, of agent whom of was thus received the such commenced coming to the Agent's office $1817.55 at to some leases and in . . government arrears, received the most 19 years, as long as the leases . Seneca up greatly of and when it since was One the leases were made in 1892, delinquent paying 1892. leases are reported, checking in the McLaughlin learned rents to leases, owed $505 with rents for some of his six been in payment of was a Charles Nies who, through a total being delinquent for leases was delinquency Several lessees had not paid rents since violators some had most severe problem with the leases cited the total previous In spite amount in lease of rentals the several arrears as of January 20, 1911 was $16,357. The report of these to Washington the Interior to consult the U.S. prompted the Attorney General best taken to collect the delinquent rents. be Nation was 38. Ibid Secretary of delinquencies for anxious advice on what remedial action could The Seneca to collect delinquent rents and was of 41 that, should reliable efforts opinion the ought leases to fail, the unpaid be cancelled and new ones entered into in their place. On March 1912, 15, informed Representative instruct the (27 precedent, As Nation. Stat 612) Edward B. Vreeland that he would U.S. Attorney for the Western District of New to assume the duties York the Assistant Attorney General of rent collection for the Seneca cited the Act of March 3, he 1893 which provides: territories where there are and states all In United the Indians allotted or reservations attorney shall represent them in district States all suits at law and in equity. (39) such No 28, 1915, Western James District action Lynn, of New was taken, however, for on August the United States Attorney York for the informed the U.S. Attorney General that: U.S. the that information that appears [I]t collect to suits institute was about to Attorney rents was being circulated in Salamanca due past many reports such of result a as that and others and rents the paid already had delinquents were arranging to do so. (40) He further advised that: 39. Asst. Atty. Gen'l to E.B. Vreeland (lar. 15, 1912) Nat'l Archives letter file #'26417, NY Agency 40. U.S. Atty., W. Dist. NY to U.S. Atty. General (Aug. 28, 1915) 42 rentals are, the of part larger the far By of lands in the use the for incurred however, of Salamanca where the forfeiture of a lease city of rent would be such a disaster non-payment for it. permit would none that tenant the to can tenants these from rentals of Collection not is litigation and enforced be easily are arrears in were that Those necessary. Of the $14,000 of arrears at up. paying rapidly Ansley's term in 1913, only of Mr. beginning the about $5000 remains uncollected. (41) should recommendation was that the Indian agent final Lynn's Mr. the attorney for the services of utilize the Seneca Nation in order to collect delinquent rents. cast being obstacles was tiring Nation Seneca The way by the U.S. Office of their in of the bureaucratic General. The Indian Affairs and later by the U.S. Attorney rental payments agreed upon in 1892 were not adequate as it forfeited the would the should why was; leases Seneca Nation be made to wait before and new ones, which cancelled were reflect the current market values of certainly their lands, initiated in their stead? Leases Seneca Nation Cancels All Delinquent commenced the Salamanca which interest which leaseholders 41. custom sending of advised payments remained during the 1920s, point some At notices them of the attached to any the Indian agent to lessees in possibility of having portion of their rent The notices were sent uncollected. in the City of Salamanca and Ibid 43 to all read as follows: Notice Rents Be sure to bring this statement with you. the United States Indian Office, at are payable Rents are due Building, only. 5, Federal Room each year in advance on February 19, and must be or 20 thereafter, April or before on paid be charged from the time that the interest will rent became due. (42) The increasing defense v. States against brought of Alice of test the fact that Instead, the lessees was used as a United This suit was brought in 1939 L. Gates. behalf desired effect of of the defendant in the case a defendant, stated, which day to part the to sent being were the on States as on the have collection of rents. the notices such not did notice the Salamanca lessee, by the United The Nation. Seneca suit was Nation's resolution of March 4, 1939 "That all leases made with the Seneca Nation lessor, which are delinquent in rental payments this 4th of March, 1939, be and the same are hereby cancelled as this date." (43) Defendant Gates maintained that Seneca Nation the delinquent enforcement Seneca in had rent their procedures Nation had always allowed payments she and forfeited lessees without resorting to its right to cancellation of 42. C.C. Daniels, Sp. Asst. Atty. Gen'l, to John Reeves, Chief Council, Offiice of Indian Affairs (Nov. 21, 1939) 44 be therefore claimed that the the leases: 43. Ibid to the with Agent, Indian States United [S]aid has Indians, of Nation Seneca the of approval to rentals allowing of custom a established arrears, has taken no steps to enforce in remain become an has it thereby and thereof payment the and agent said for custom established to remain unpaid rentals allow to leaseholders that understanding the on year to year from might be made at any time before thereof payment April 20th in each year. (44) reached the courts. never the by brought was a United States v. Forness of "hundreds on the mortgaged to Salamanca Trust the land leased which Company Trust Salamanca had the lessee had built a case, particular this building $63,000 in 1934 was for $15,000. entered the case as defendants as did other financial institutions because of their inteest three mortgagees defendant's the This case, to test the same cancelled which the Seneca leases". In as (45) was brought resolution Nation a similar case lessee, Forness. Salamanca against similar Instead, in 1942, United States on behalf of Nation Seneca United States v. Gates some reason, the case For clause 1/2% of of the the "improvements", of similar properties. property lease was value estimated at $115 44. Ibid 45. 125 F. 2d 928 (2d Cir. a year. rent for The re-entry for an annual rent equal to called assessed $4 The annual 1942) 45 of the land 2 without annual rent in 1942. The had defendants in arrears last paid rent in 1930 and were nine years when the Seneca Nation's resolution was The defense for Forness was The defendant very similar to passed. that of Gates. attempted to show that the Seneca Nation had "forfeited" its right to cancellation of its lease since it become customary for the Seneca Nation to allow leases had to remain delinquent for several years. In a very opinion delivered lengthy in 1942, it was noted: evidence that lessees of overwhelming is There [Allegany] lands were customarily lax about these In 1911, for example, 1,095 rent. their paying . . . An attempt was . default in were leases in 1911 by the Senecas to retain an attorney made collect the arrears, but the Department of the to ruled that the 1901 Act, which allocated Interior of the rentals, prevented use of disposition the . . The present . purpose this for funds the the represents then, Nation, the by action to Indians the by struggle long a of culmination (46) rights. economic enforce their In effort the closure of this opinion, the court makes an to chastise the defendants while offerring advice to the Seneca landlords: to close year--comes a consideration--$ 4 The small . . . the expenses of unconscionably being recovery makes their collection their for suits for that, is consequence the impractical; lease is the equivalent the purposes, practical explicitly denies the landlord any which one of the him leaving rent, the for sue to right for remedy sole his as the lease of cancellation 46. Ibid at 931 46 nonpayment. That the tenant, under such a lease, can unfairly take advantage of the landlord is amply demonstrated in this case. A lease of that kind may shock even a calloused conscience . . . Our refusal to exercise our equity powers in these circumstances is reinforced by an unhappy realization that the dealings of certain of our citizens with the Indians have often been far from praiseworthy. (47) The the the on an the value Residents for the attracting of and majority of the will remain at the same With the expiration of less than seven years away, the Seneca that agree the of Salamanca are not abused again. city the the annual rents paid most part, lease "unconscionably negotiations capital of both the city 47. static The make every effort to ensure that its rights as must landlord land. the 1892 until 1991. in leases 99-year Nation of are however, assessed are, based economic index--the rents rise and fall depending on leases, the Several leases now in force on Allegany are therefore assessed cost proceed with its plans to new leases in lieu of the cancelled ones. up of in was therefore free to Nation draw in favor of the Seneca Nation and held court and lies in decreasing the and the Nation. Ibid at 941 47 by individuals small". the The snag solution to unemployment rate The Salamanca Leases Today: A Comparison With Other Long-Term Tribal Leases is Salamanca of period and this period were family-run enterprises closed during which were many Then, the area. from moved had in 1972, an Urban Renewal Program grant from the received Salamanca by people approaching retirement age owned children whose Most of the businesses in 1970. were closed eight Street, twenty stores on Main of depression; economic a without boomtown Salamanca underwent a serious the 1970s, During railroad. railroad a Department of Housing and Urban Development. local 1972, In through the several contiguous They as source deal sought who property saw at a price reported by one large The of the not only to by the developers, the never have sum from the private sector." the but owners to other business offer as an indication that Salamanca values were finally on the increase. the old was built Main Street Salamanca. high--the families would encouraging properties made, a on properties "outrageously was owners businesses the such received with federal backing Renewal award, approached the owners of Urban purchased developers, buildings were The deal was torn down, and a shopping mall in their place. 48 In order developers lease were developers with and Seneca the Nation, parcel. Since The by the the development, the financers to enter a new Seneca Nation that the lease when the permanent loans had been paid-off. The retain negotiated the and entered a 50-year currently $10,380 the have either the merchant mall per year for opened in 1973, tenants, prepared. and Now, of the the 11 the half .7-acre of the relocated or have gone out of business. soundness developers, lease Nation, and pay escalating lease payments mall has never been fully rented which about the so still thereby the tenants with would construction finance required agreement developers to to the guarantees marketing raises questions required of the studies conducted by the subsequent rent-roll projections they years after the mall opened, more than half of the property remains vacant. Many rental be payments to the Seneca Nation, which they believe to inordinately The high, as the cause of the mall's failure. mall's manager, located in Scarsdale, New York, reports that rents "anchor", management The 2% residents and merchants of Salamanca cite the are Bradner's Department Store, rents filed bankruptcy, his company has made no money at all from the mall. mortgagee, in often delinquent and that since the mall's interest he reports, payments. currently receives approximately The manager are not the cause of the malls 49 insists that the failure, claiming that the current all", In tenants although itself passersby for of entering. those the however, windowless. a street Street, were built around the 1880 built city to of design brick The new mall, and is of the structure adjacent prohibits mall must certainly that In fact, the mall resembles a buildings, to but the the shops design itself within. It is the higher lease payments which the Nation presently receives Salamanca can and seem is not only conflicting with the accessibility unfortunate entirely where merchants are accustomed to frontage, The planning 1920. to their ability to attract shoppers. "prison". the of Salamanca's businesses, of Salamanca's residents say that many for this parcel are cited as reasons why not afford design of increased lease payments. The the development itself has ensured failure. There which private leases with naturally in Main been In threatening on Most century--from has direct is the design of which is forbidding and offers no incentive to particularly turn little to nothing at he will not divulge the specific payments. addition to management problems, it mall its are paying "very lease Salamanca are several developers the Seneca attempted payments to for other have cases in Salamanca in negotiated special 50-year Nation. The Seneca Nation has obtain the maximum amount possible the new are increasingly worried 50 leases. Residents that the amount of in rents too burden for the majority of residents, and too a large to both the Nation and the city. vital Seneca Nation. figure for the county Seneca Nation and job creation 1984. The Tribal Clearly, both Salamanca and in of 38% Salamanca. Salamanca's age 25 and older did not complete high school and residents construction and Over $19,999 Accompanying Nation Seneca the and by the work force of filled currently jobs the Salamanca are blue-collar: light industry. 50% or of all owner-occupied housing was valued less, Salamanca according residents' to the anxiety data. census future about payments has been a sharp decline in property values. Until continue renewal Labor's unemployment would benefit from economic development the of for the the unemployment rate for the Seneca in June of 1984. is 48% Nation 35% and whites for March of is 12% for As noted previously, the The U.S. Department of estimates that Planner for 8.7% was rate unemployment lease for Indians. $12,896 and Broken income was $16,947 family median the race, by whites at the median income in the city of Salamanca was $15,687. family down data, census 1980 the to According most new business which is to attract new business: prohibitive 1991 will be the Seneca Nation in sought by be will which the to has lease is decline. negotiated, The property uncertainty delayed maintenance of 51 values about the will leases' existing properties and investors to negotiate a 50-year lease on an individual basis with renewed in 1991. clauses in the would which provide in payments upon any increase in the land's increase Nor leases new will be no adjustment are there Furthermore, which leases the deals are private such that of majority the jeopardizing concern is there However, years. ten in $44,268 to $11,000 from income lease helped to raise the Seneca Nation's have Committee) Lease chairman of Salamanca's former the by called (as they "piecemeal negotiations" Such Nation. been have is to able to finance homes or businesses be new Seneca the way for only the Currently, ones. new in investments for an value. are there any incentives designed into the leases which encourage long-term business investment or job creation. any Officially, by the as from both lieu Nation, the two plans parties the lease's for supposed are one lease committee, but to for various The last known plan both parties to the lease committee was referred "super was Salamanca as prospective parties meet separately. the reasons, sought meet and combine to about information renewal. lease Nation's meeting separately and they jealously guard are committees the and city's the of Members the fund". expected private Under this plan, the city of to attract and amass enormous sums and (federal) public of residents and businesses paying rent to the interest payments alone generated 52 sectors. In the Seneca by the "super fund" be would in $75,000 has order in Seneca the is There $750,000 compounded at least to bear interest at $75,000 a so decline, rates interest land. their will the amount Nation in return for the lease of no built-in incentive tied to this for either the Nation or the city to encourage further plan one willing to disclose the source or likelihood of is one Salamanca are "There no right now is riding Everything to this plan. contingencies planner, professional a and resident to according and, money this acquiring or business development. long-term capital of injections No 10% by received to amount to When year. Seneca Nation was to receive the pay $300,000--then the "super fund" to able at annually Nation. in response to the Seneca Nation's claim that is have would Seneca the rent--the maximum amount which the city annual offerred Salamanca if then, Conservatively to annually paid on the super fund." an published to Seek (48) Suburbs". of their an Indian 48. In Reservations Leasing the article, land merchandised", should have real was Wall Street Journal, what Oct. 53 Industry, lease large tracts "The opportunity to developers. reservation for Tribes several tribes across the were reported to be preparing to country properly By Prosper "Indian Landlords: entitled article Journal Street Wall The 1966, as early As a 3, to live on romantic appeal if Coldwell-Banker vice 1966, p.1 president the was leasing Pima-Mlaricopa Arizona. Phoenix, in described their to leases In non-Indians on Indian to responded an . . . .Yet many continue $11,000 annually." in anticipating reported the $1.7 about 197 $5,000,000 of similar any (50) When reservation. the only request, Nation's lease and a community of tribe were acknowledged by the Bureau. Wiall Street Journal million lease the long-term annual Agua the article, the the BIA three One Caliente-Palm Springs California, had been Agua mentioned Indian Seneca the arrangements these, for 1875 Federal law that granted them notify to Affairs an were "The Seneca Nation, the Seneca Nation requested the Bureau of 1980, between to between the differences squatters arrangements of to point-out leases produce only about Salamanca similar desert lands adjacent the tribe as little as $1 a year, and in all, yield Indian to hasn't forgotten the bargain-rate to their situation and others. lease example, of The Seneca Nation and Salamanca were (49) order the possibility to have said of reported for Calientes 59 were, leases. According in providing 1966, When the BIA situation 14 years later, leases, rental article. there "approximately to the Indian owners." (51) The 49. Ibid 50. Ibid 51. Charles Pleasky, BIA Acting Dir. of Trust Responsibility to House of Representatives' Stanley Lundine, Apr. 21, 1980 54 luxury resort leased from the when Mountain White 1959, In Arizona. lease situation has transpired on similar Another homesites. the next five years. leases when the reportedly did in non-Indians alternative non-Indian burn 52. their on his leases were made to hundred Several This year, were made the first in 1984, There was no renewal clause in the expired. so lease, Reservation in Apache 25-year seventy for seventy Fort Apaches' non-Indians within improvement will drop the in lessee (52) rapidly." the expiration date gets within twenty years, the of equity The Bureau years." matter what length of lease is "No that, advised further the were that were unwilling were longer than fifty (50) leases given, who loan commitments on leaseholds unless the terms of make the lessee/developers lending institutions many by improvement and construction capital prospective to opportunities to in order to lengthen the terms up the Act scale large hindered In 1959, years. 25 for "The amendment lengthened the term to provide 99 years. for Caliente Agua the amended Congress to community of Palm Springs had originally been Chairman 1976, to of the Tribe decided, as he terminate reservation, but to return property owners the land to the all leases to had no lessees the Apaches. Several on the reservation have vowed to $250,000 homes rather Ibid 55 than abandon them to their Indian landlords. The reported, leases the chairman problems down age and decay saw that, and maintenance the perpetuity. to the . so of in effect, for began to He of he clause the wondered, of and badgering a for would it be before pressure of those five-hundred families or (53) The Bureau acknowledges the its "failure to provide for an despite the Tribe's prior disposition". Fort the terminate leases their problems before the Tribal Council representation adjustment of the He also had dissatisfied pressuring, criticism However, the enormous lands were under lease were lost the Tribal Council" tribe's guarantee renewal community forever. long, How on envision the improvements and values, the tribe demanding, began to as the BIA road as the leased communities Whatever Indian presentation . "began because, and the leases neared their expiration. to, in people terminated in order to ensure viability of those communities have would were Apache leases was Tribal Council's to decision clearly more an issue of tribal sovereignty than an economic issue. The Seneca Mexico. Great Nation's There, Western International 53. only other has in lease occurred 1969, Cities, Resources the Inc., situation at 56 to the Pueblo in New Cochiti Pueblo leased a Corporation, Ibid similar 6000 acres subsidiary for to of Hunt 99 years. "The of Corps to be commercial all subleases". on plus percentages of lots and of Price Consumer Labor's using the At Index. the land and improvements will be the lease, of in 1984, or decrease of value of the land, increase termination annual rentals of The first adjustment was due (55) Department both residential Prices' of subleases for Sales 'Basic the the Army for the land were Rentals Engineers".(54) created by lake recreation a on a minimum initial amount increased by percentages "based based was to develop a city by subleasing lease to adjacent lots of the of purpose delivered to Cochiti Pueblo. This arrangement was Council. It Tribal Pueblo's and lease's termination. tied-up in default for Pecos, a court over member International the is other International Texas. seeking 54. 55. The the BIA and the included both an adjustment improvements handling the at the case at Cochiti has been However, for 13 months, and the lease has been in a and a half. year of Lease Cochiti the According to Regis Committee, Hunt and Great Western Cities have each separately bankruptcy. for filed of provision clause approved by in is (New One Mexico) presently United States, 100,000,000 case is in federal court, and state seeking a court where change of Hunt venue to on behalf of Cochiti Pueblo, from the subsidiary corporations Ibid Ibid 57 is (both are subsidiaries damages punitive Hunt Brothers, and breach of contract. of Texas) for first rental The this year, was never which was to have occurred adjustment, the tribe had anticipated a minimum annual income and made Inc., of of $350,000 from the lease. bankruptcy claims have left both the tribe and The 350 residents of Cochiti Lake in the lurch. the of occurred. does intend to arrange an adequate adjustment in tribe in Pecos, the area. the "pierce to ability But, Cochiti for problem main are already who residents 350 development the living tribe's the accomodate to order core to 40,000 population had been projected for 1984). (30,000 The actually has development where town the to reduce the lease to the seeking is Pueblo Cochiti Presently, according to Mr. Pueblo lies in the corporate veil" of Hunt Brothers, Inc. be beneficial BIA, the sophisticated "The in landlord become have in California. very According why [Agua knowledgeable and land use and development." reasons to has been the Agua Tribal Council and the individual terms of obvious are tribal of Palm Springs landowners Caliente] There the to lease Calientes' to lease situation then which has proved only The (56) the Seneca Nation can not hope to achieve the same economic benefits from leasing the City of 56. Salamanca as the Agua Caliente do the city of Palm Ibid 58 three the Salamanca Not activity begin and office faced a city the Palm that being faced by the Seneca Nation today. When the leases approached 20 years' and and the from income leases, income originating land also but from hotels, Both on the leased land. retailers and in terms of sophisticated As a result, the tribe derives not commercial buildings interim tribal members individual and did economic the During again. lands affected the the terms were lengthened flourish to on activity tribal council of rental At to rental flat percentages the tribe development". and only the "knowledgeable become use arangements. until slowed. the lease economic termination, period, tribal example, similar situation and similar for Springs, to be learned from each of there are lessons But Springs. percentage income are based on fair market value. The Congress neither in clauses adjustment which an result may which problems improvements of these the authorized adjustment of Apache Mountain White at from lease the points lease of lack agreement. to the renewal or The Act of Salamanca leases contained clause nor provision the lease's termination. for settlement Lack of both is now presenting serious problems for the Seneca iation and the city. Finally, subsidiaries of the the Cochiti Hunt Pueblo's lease with the two Brothers will, 59 if nothing else, unravelled information about Committee the Cochiti Lease the lease which, had known to tribal members and Bureau officials made been on members fellow his and Pecos Mr. the lease was drawn, might have saved the Pueblo the before expenses which they are now incurring in two separate legal Fifteen courts. the representing tribal their that lease, the lease lawyer of Charges developers. filed only increase the Tribe's resolve to make certain that any long-term will be more thoroughly researched plans to tribal members. and publicized However carelessly the Pueblo may have handled the fifteen negotiations ago, years there about the lease which may be adopted N-;ation for the Salamanca of fifteen were to these is the leases' interesting are points first conflict- facts which were uncovered Other bankruptcy. have important was also can not help the Pueblo now that the developers of-interest future the Cochiti into years discovered committee The to attention to the actual negotiations as they occurred. more it lesson they should have paid far of Cochiti Pueblo in that members a provided also has arrangement lease This lease development corporations. estate real with arrangements considering tribes other to warning a provide by the Seneca renewal. The most inclusion of adjustment clauses. adjustment was deferred and was not to occur for years. By this time, it will be remembered, there have been at least 30,000 people 60 living in Cochiti Lake and thereby land values were certainly expected to increase, providing income. for would be Should the with lease's duration. made to land would tribe the nor economic an termination, lessees or revert 2068, to to obtain in businensses be made bear appropriate so that neither the the full costs of an Finally, that an at the lease's "possession of the premises tribe". If the tribe wanted, come full control of the development, it would a Pueblo tribe and lessees. decline, decline. the to be made every five the to would it was agreed would Cochiti begin increase in rental The five-year adjustments both therefore boom been protect values adjustment it tribe Thereafter, adjustments were years have the position would and to have do been so--at able least legally. to sell homes or lease the property on an individual basis; may have been able to hire a city manager to collect the rents, arrange necessary repairs to infrastructure, assume tax collection and other perhaps services and responsibilites of a municipality. Many what the Nation Salamanca should members the Seneca Nation, not knowing plans to do or has actually done about the leases, have made various suggestions about what be done. renege on its theirs by refusing Salamanca of in Some say that the Nation should simply end of the agreement (as the lessees did on 1991. to pay rents) and take possession of But as has already been discussed, the 61 the and it what becomes of the money claim, once it reaches the Seneca prompted by mistrust is Furthermore, Nation. Few know, or so they proceedings. current about mistrust be also voicing are Nation Seneca the of Members can the tribe and the city. both beneficial to that lease a arrange to possible is to be for another 99 years not have does renewal of must negotiate a renewal. Nation the So, improvements. But original authorization for settlement the in provision there is no and 1991 to renewal in entitled are lessees the refusal the Nation's government and lease committee of by members to discuss the lease or allow tribal members to meetings of for accountable the Seneca Nation as the require to available The federal funding, the Nation. Visibility would be requiring the Nation to publish in the newspaper an accounting however, each previous both plans for parties of how the money was spent It year. that residents of city's reason, of members upon the income. make the financial records to Nation Seneca apparently by during the depended is ensured further local it Nation leaders and members of to the destination of if would, Super-Fund between communication insufficient is there income, lease the Seneca the Although committee. lease the should pointed out, Salamanca are equally unaware of renewal of the have be determined best policy and so the cycle of 62 lease. that mistrust is For whatever secrecy is the perpetuated. order to In city The and it is in both to instill economic growth in the region. interests their city the Seneca Nation and Both sufferring' economically are is as possible with any familiar arrangements. lease proposed as and tribal members of interests become to leaseholders the the in definitely it Salamanca, at place taking from fiasco lease the Cochiti Pueblo prevent a repeat of railroads are not going to return, everyone is aware of other some so that, generator economic to needs be attracted. of communication between affected parties has Lack had serious at Fort residents their makers of the it information, will Salamanca opinions benefit incentives for members Ideally, Apache. of to a great extent, consequences at Cochiti and, and the Nation and will hold public meetings to voice information receive Nation of and By city. the is certainly more likely from the both sides economic mainstay that left lease to by attract from the decision such that both parties including and with the railroad. 63 sharing built-in maintain the RECOMMENDATIONS FOR RENEWAL OF THE SALAMANCA LEASES 1991, the in renewed leases Salamanca The were which two items include should Lease", "Master the in or leases in the original either included not are: These items Congressional authorization. to clauses (escalation) Adjustment 1) payments rent the adjust periodically the term of the leases; and throughout parties both for incentives Built-in 2) maintain and attract to lease the to investment, including job long-term capital creation. include should agreement lease these to addition In items, essential optional renewal an clause which will provide for any renewal to occur least twenty years should renewal This should it Nation; before years renewal discuss should not be at the option of the Seneca not be an be termination, leaseholders, the with bound the of entitlement the case 92 years ago and is the lease's the at before the lease's termination. As such, the Seneca Nation should, today. case was as leaseholders the or arbitrate to twenty agree to but they to renew the leases. As Salamanca and Palm leases the already has leases' been once the approaches twenty years, is with the renewal (as well as with the Springs leases), leasehold demonstrated severely 64 Apache termination of the the lessees' equity reduced. in No matter what of uncertainty which prevails when the term's end the is this is an inevitable consequence to, agreed is term during renewal becomes a problem for both the lessor and the option of Senecas' the Scheduling leaseholder. is before the leases' years twenty the created which situation The years. twenty within renewal well in advance of the term's expiration will require that the to leaseholders preparations for the necessary make to the allowed time sufficient with not or renew Seneca Nation makes the decision to lease's renewal or termination. leaseholders' payment adjustments, as new fifty-year Lease and so terms According to that the may to be the will leases "tie-in" to the Master and adjustments will be made to each so that all adjustments assessor hundred Lease. 1991 in have will former president Robert Hoag, all the Nation's Seneca schedules, Master one leases new renewed those with correspond managed The Nation. the for lessees to it creates management problems but mortgages, secure the This arrangement may basis. piecemeal to (and entering new) immediate goals of the individual the help by renewing pressure a on leases acquiescing is Nation Seneca The will estimates fifty-year be uniform. that The Salamanca city there are currently over two which were made leases 65 in advance of With 3,700 leases in the the Master Lease. is it term, leases' original likely very that the Nation will enter or renew more leases for more Seneca than will be included under the Master Lease. acreage as unlikely that separate leases taken to renew the be necessary to renew the Nation recently is care much will as is it since leaseholders the and Nation Seneca for both the problems create undoubtedly will This less than seven years remaining in the and Salamanca, city of Salamanca Master Lease. Seneca The booklet the plans Nation's contain a "New and The fair determining as "The public public local values for bodies land in and definition of certain terms, an proposed plans for settlement of the Master of Lease. Everytime Nation' s "assessment" and glossary provides, in addition to Nation's inkling the to market The improvements". Seneca does by New York State to provide advise assistance and (sic) defined is latter Equalization of Board State York commissioned body booklet the renewal, for glossary which defines "Assessed Valuation" Assessment". the Although there is no discussion about 1,1984). (March a Briefing Booklet" Lease "Salamanca entitled published has a djustment s or becn the have been mentioned by city's an essential 66 representatives, point in those discussions. assessment Presumably, -- valuation" has But the Seneca Nation does taxes. property because the city of that method of valuation to levy on relies Salamanca been considered tassessed -- have not on that method to determine the value of such to rely an important of land ownership has an extremely important influence on Indian to non-Indians to allow land. Indian the fact is arrangement lessor-tribe necessarily tribe a compensation, no matter how for land that on traditional the to value cultural differences, such Indian that by leasing land and by placing a monetary remains value a assign despite However, such a practice would always going to be very reluctant are people a assign relationship to land. Indian's the desecrate that land; to value monetary Indian people can't people Indian that Many land. people's value of argued have Certainly the Indian concept resource. may such otherwise be, non -Indian. decidedly negotiate an The -- although not will have to agree to -- a monetary value according to established custom. Although assign a monetary assessment value may for the have to be used to period of initial the leases' term, such a value as may be assigned will not be inflexible; there will be room for negotiation. 67 based be will leases of all the Residential the Master Lease. by encompassed but "minimums" on solely for should be used to "'minimums" or rents base the determine leases Adjustments adjustments. subsequent to be used reassessment does not have Furthermore, commercial leases should be based on a combination of minimums plus a lie the reflects which would problem The climate. business community's therefore percentage to agree on an in the parties being able index to be used to determine the adjustments. In Shenkel (57) is "to leases assumptions is the for rent between there that in using index are are two underlying 1) inflation leases: made He inflation." can inflation 2) and Comparisons be not three between Implicit Price Deflator. the and Consumer price from lose the Consumer Price Index, the Wholesale Price indices, case so that the tenant and owner made controlled. Index, adjust rent temporary; not of index purpose that emphasizes further the emphasizes nor gain neither Index Leases", article, "The Case for his In making a rent adjustments, the author points out which index, Price 1967 Index, and is a component part that of the increased by only 29.36 percent 1974 while the Consumer Price Index 57. William Shenkel, "The Case for Index Leases", 56 Journal of Property Management (July 1975), p.1 68 by increased itself The period. be to believed services may normally increased are less adjusted in years long-term leases Adjustments frequently. deferred for be should ten period for the to allow a settling-in order should years, although least every five adjustment initial the annually at most; made at be therefore to month, rents are month from change of of most goods and prices the Although adjustments. infrequency the of result a that same the lag in rent increase is for reason during percent 49.7 new and renewed leases. such Department of Labor family purchases Consumer Price Index is is not weighted for as investment or government which have a influence on of criticism to the certain degree, it a to effects believed on a market basket of urban "typical" Although considerable The a that month. weighted dependence services which the U.S. and determines each its for criticized goods However, this index has been index leases. in widely Index has been used most Price Consumer The be this the changing value of money. index too specific, in value. is made because it is therefore su'ggesting an Given the enormous imprecise change importance of the land to both Salamanca residents and the Seneca Nation, a more comprehensive index would required. 69 be The commodities purchased 2,000 month, not may and dollars by investment, goods States. and the Wholesale Price to converts Deflator constant dollars, and Like the Index Index, from prices but it reflects not widely more is government, consumption, investment. it all of United foreign because value value of all goods and services, weighted changing be is based on the Price Deflator the Price the would the long-term the Price Implicit for adjustments in Consumer as Index, Price Wholesale rent represents produced current the Implicit services the nature of the Consumer specific the determine The in this Deflator is suggested by Shenkel as an Price to leases. being measured -- of land. and Index Implicit GNP it is not bearing on the value of the any have to Due index not the Consumer Price Index and the good-and-service the rental Price of goods, prices Price Index, Consumer than sensitive particular case, the be pointed out that this index is far also should series primary market each for the effects of investment or government. weighted more the Like is based on over Index in the only measures but services. It Price Wholesale used The net Price Deflator is as the Consumer Price Index, but suitable more Implicit and to determine reflective 70 of the rental values change in the dollar's purchasing power. its increase refusing to pay rents until the United States by on interceded contrary, 10,000 acres of Seneca land should the Kinzua Dam. supported Allegany land Nation, breaking the (58) treaty. that the that at was, of the be The Army Corps' decision by President Kennedy and 10,000 acres of arable which to advice that for taken Corps Army U.S. expert despite decided, Engineers the 1942, in case for the landmark the decided Nation Seneca However, not long the Nation's behalf. Court the after was land. land without adjustments for a century, but the also its of use for compensation have taken advantage of the Nation not only by Lessees using right to Nation certainly has the Seneca The Seneca the time, Pickering Treaty coupled with the fact population Nation's past Seneca the oldest unbroken Indian when fact, This old 168-year the from taken were years, twenty has increased supports the steadily for Nation's case for a considerable increase in the value of land. its When to value its in case it comes time to assess a monetary the Nation must make certain that that land, for increased value is clearly conveyed and Cornplanter Can You Swim? 53. See Alvin Josephy's "Now That The Buffalo's Gone", Alfred Knopf, New York (1982), p. 1 2 7 71 and New York State Board of Equalization The understood. going certainly is difficult point to the throughout regularly occur should most land Nation's this value is agreed to, Once negotiate. the be to Seneca the to assigned be assessing in any, if does The initial value which land. tribal commonly-owned will experience, much have not considerable have may assessing land which is fee-owned, in experience it although Assessment, adjustments term of the lease. leases, Commercial used, are rents percentage percentage minimum and the lessee pays a minimum plus a percentage of gross income which exceeds a rent to Percentages minimum the point), break-even eight when the lessee grossed $100,000 met were assigned gross any For (the percentage would therefore be income exceeding $100,000. paid by lessees usually range from four to The percent. rent amount paid called "overage". is lessor only certain level, generally Whatever base in addition Overage is to earned the gross income exceeds a when the lessee. point". if a lessee's expenses, including the minimum example, rent, "break-even the value--usually certain by both of combinations When rents. and minimum both on based be should as previously suggested, the break-even point of the rate is initially determined, 72 until a new adjustment is used be should but year, opportunity at which time the lessee may have the made to from year to rate does not have to be recalculated the is in stake lessor and the leaseholder both have a the business and therefore both will work to The business. of that success the in shares lessor the Second, the or enhance the lessee's business. support to lessor encourages rent percentage First, twofold. The percentages as a source of rent including of purpose be used. case for a different rate to a make ensure its success. prevailing the rent, access have in records, effectuate provide work overage. rent percentage system, the the To Seneca likely need to hire someone specifically given However, for incentives Nation additional may be measures 73 that percentages the Nation and the city together to attract commercial Salamanca, necessary any assess to order financial or books, tenants' the to Landlords must system requires. rent purpose. this would the would Nation for In addition, of administrative work. percentage the creates an system the that is frequently decry the invasion of privacy which tenants to drawback minimum to overage attaching of method amount enormous fact that percentage rent is the the Despite leaseholders to willing to take the to include percentages as be therefore The new business would rental income. source of a an source of additional rent increased revenue for the city. for the Nation, and a source of Another been suggested plan, the base rent, formula rent but effect of to year would to overage, rent based For a would of have the desired lease an incentive for hire there is the distinct as and system, few people as rental payments. possible reverse effects of to remove cause for alarm leaseholders who the the may object to the city and the Nation may possibility of adjusting on the community's economic activity as example, the city and the Nation could formula be number may have the undesired effect of investigate whole. develop it counteract the potential percentage the holding a commercial in order to avoid additional payroll-based a upon the Such a a different level of However, businesses To overage into Under such a and the Nation to attract and maintain that encouraging charge formula rent. percentage rent. business to Salamanca. possibility want a building city business of which has rent in addition to minimum depending by payroll the possible lieu therefore employed A to in businesses lease. both formula used would be for of is a payroll-based would people source possible whereby based on the overage charged each the city's and the Nation's 74 be substantial amount arrangement might adjustments the because city's businesses, spread and reflect the To investment, city whereby the employees; be based on the entire would or decreases would be The important divided equally among them. community's to argue that both the city and the Nation attract and maintain long-term to the lease agreement should also address "target group employment goals". the Seneca demonstrate business climate. which would provide additional revenue and have Salamanca the that ensure creation, itself of an not feel threatened by would increases incentive an job but here is that the principal of overage is used to point have work, payments when they hired more lease higher a and collect overage each year. leaseholders Individual with the made be By so manage to have administrative of determine would city still would Nation the doing, city's business climate. entire the on based rise or decline rental rates would income; commercial city's gross the reflect to overage adjust to Another possibility would Salamanca. in leaseholders commercial by employed actually Senecas Allegany number of Salamanca and the rate, employment annual this ever have which businesses made an effort Nation. point. The 75 has located in to employ members unemployment There Few could statistics therefore never any incentive for the Seneca Nation to attract existed for rental The industry. over the and years 100 have been non-escalating fees industries have rarely employed Seneca tribal members. The in jobs created by the industry to total the Seneca Nation Nation and The Salamanca lists the are light as two in Salamanca 140 firms Two (median=63). two firms manufacture provide train freight firms manufacture furniture. three and to 30 wholesalers, lumber The industry located in Salamanca can not be defined "high employees. the in 1980, listed, with the number of firms from fixtures, service, training. prepared Profile, any expect to defined as having 25 or more employees). ranging are store right Industrial Employers" thirteen employees firms a have Community "Major is ("Major" There be filled by to provide a certain amount of job industry of Furthermore, both the Seneca members. Salamanca filled by percentage Seneca Nation and the the of members of jobs which may be kinds the determine and realistically carefully industry, attracting have an interest the Seneca Nation to wants city the should, particularly if agreement lease area insufficent tech", and However, who are reason it has had little need to train the fact there are few people skilled in not to 76 in high-tech industries is attract members of this growing industry. Recently, located was were a readily number an overlooked by major local has Indian As to a an Digital Electronics of agreement this commitment, with the Boston train members of the Boston Indian The both residents. and has traditionally been result to employ training. successful which industries. entered and training commitment to provide job training to Council community job a area residents. Digital for prompted this Corporation's decision to made of potential employees who available locate further rate as It was precisely this reason--that high employment--which to Corporation had the same 1980 unemployment Seneca Nation. there Electronics a new plant in a neighborhood in Boston which, coincidentally, the Digital arrangement for The them upon completion of their the has proved business possibility and for to for be local this plan's in areas of job replication in Salamanca does exist. Many creation target goals during a consider group are the who have worked City emlployment had of as of the the Boston's state of relatively new and have the past few years. result which people goals the art. for Such only been addressed Boston's were developed as increasing simultaneous 77 development effect of the city of neglecting or residents of Boston's displacing The There are used by jobs and two sets or definitions the City of Boston. the "spends" The construction women. total For permanent jobs, uses. (50% formula hours of employees total number of hired by the industry. similar goals could Nation Seneca the and Salamanca percentages of the as expressed are jobs the minimum percentage of a to be employed, but the goals for group target Boston uses a Boston residents, 50% women, 30% establish to minorities) permanent 50% minorities, and training which the construction company or similar For jobs. permanent for 10% goals One is for construction are expressed as percentages of employment given of employment the formula used is residents and Boston goals is other jobs, construction 50% new industry which locates in Boston. any with uses Boston therefore drafted a plan which it of City poorer neighborhoods. based on the therefore develop population of the Allegany Reservation and the City of According Salamanca. Profile, Nation's 1165. Target Nation these the 1980 Census and the City city's population in the Seneca reflect to the Allegany Reservation The population was group employment goals could be made to of 142 Seneca population's members 1980 was 6890. and 86% percentages will composition Salamanca residents. change, 78 it will Because be impossible to specific target group employment goals for set regularly which could are made. adjustments absolute; the flexibility But made. its The numbers do not have to expect will whatever target be have some to employment goals are Seneca Nation deserves to expect that the benefit from the creation of jobs should members be accomplished when the rental industries in to be adjusted the goals would need of the lease; term the on its leased lands. The agree to for the which keeping that target group employment goals specific members industry and locates benefit industry not should industry will Nation and the Nation should negotiate and construction both Nation's and city in jobs. permanent be bypassed Salamanca. in Salamanca, The any by By attracting both the city and only from the revenue which not brings, but by the creation of jobs. By designing and goals, the plan may the ultimate effect of creating demand. New will the have industry implementing be effective attracted to Salamanca by precedents established by industrial predecessors. In above, the provision the such addition to the arrangements discussed lease agreement will also need to include a for the disposition of "improvements" upon leases' termination. disposition may For commercial not present 79 a leaseholders, problem. For and objection to Nation. For properties a properties and the problem will 2067, that it the if However, Seneca Nation decides, that its land is needed by its members and of the landlord is therefore going to get out the when business problem a be to there will not be prior to its termination, problem. will If the lease is arranged is terminated. come to mortgages when being bound home-buyers renewed be exchanged more frequently are income-producing lease the the however, create a problem. will improvements Residential from leaseholds residential of arise been the property over to the Seneca turning disposition than have may therefore not have any lessee the exhausted already will properties income-producing in depreciation the to, agreed is term whatever 2090, then there leases expire in with disposition of residential properties. investing their After few arrangements expect made, are Niation. Seneca The to Unless proper residential leaseholders will for compensation financial property. willing to simply turn their Seneca the to over property be will homeowners life savings in a home, Nation arrange for the loss of their and some the form city will of lease therefore have guarantee insurance, or make it widely known well in end of the advance of the 80 leasess' term that the may have to be removed or else be lost to improvements disposition find By owners. their improvements, of that provide Seneca renew the for the Nation may leases in to 99 years in advance 50 for Planning perpetuity. the to have will it to neglecting been nor ever will be easily accomplished. has never The Seneca Nation must attempt to keep as many options open the 2065 Although it may seem unlikely now, possible. as Nation may want to terminate its leases in Seneca or exercise such an option The option to 2090. should be affirmed now. in in differ definition of How the Nation defines a forfeited lease "forfeited". may the is renewal leases' the which may need to be addressed issue Another from the city's definition (they differred The specific definition needs to be agreed 1939). to before the problem arrives in court. all the main points have been negotiated Once and agreed finalize the However, as discovered, the of the city renewing Seneca Nation as possible. undoubtedly have long-term lease of state-held land of a federally-recognized tribe is a simple matter Salamanca and a quickly as arrangement commonly-owned not Nation and the city will want to the to, to resolve. Because the community is dependent upon the lease, Nation's and because land is among its most important 81 resources--second renewal decision Nation to is only certainly to going its people--the to be leases' the most important which the leaders of Salamanca and the Seneca will ever have to negotiate. How they decide implement their agreement will have as far-reaching consequences as the agreement itself. 82 Implementation of Suggested Methods for Lease Arrangement The agreement most will enter simply is city implement the the Nation to and No referendum official papers. the The nation will "agree" if a majority of of majority to the agreement by having the proper The city will agree if assents. Concil Tribal way the for into required. the be sign signatories expedient the Master Lease Authority" Indian "Salamanca the a assents. order hired already Nation a the could city countered real is both will an sides result a of these Nation determined that the Seneca with an Whatever of $75,000. offer used to implement the renewed leases, both need to hire consultants in estate and law. such the for consultation in arranged As Similarly, afford to pay $300,000 per annum while the city is in of consultants to assist the decisions. their consultations, sides has necessary The Seneca Nation has agreement. number Salamanca reaching process an be reaching various decisions. in of City reach to discovered, have may advice "outside" considerable sides both as However, Since the important element would benefit fields of attraction of industry in the leases' renewal, from the economic development planner as well. 83 the advice of an As alternatives signing-away method possibilities which considered both The by American to of the renewal, should parties Institute of straight-forward there be are other investigated and to the lease agreement. Architects and the Urban Development Land service communities which have important issues to to resolve. The Regional of and R.U.D.A.T. During each provide assemble a a special R.U.D.A.T., a Urban Advisory Team, composed of a group with expertise urban architects, to that community, the will development, developers, a AIA professionals (economic the Institute the time, hold in needed designers, &c.) AIA will areas real estate send the community for three or four days. the meetings R.U.D.A.T. with will study the interested members of community, and prior to its departure, will submit report with community's recommendations problem or issue. 84 for the resolution of Urban The service, final a "Panel after would professional organizations require submitted until departure. team's advisory the not be the although Service", Advisory report published Institute provides a similar Land Both : that client "appropriate" an is There 1) the and city the case, this request--in the request; make both should Nation That there be a problem which short-term 2) case, this resolve--in could consultation the essential items in the of all or most will be negotiated prior to renewal leases' and so team advisory the of arrival the be should consultation short-term sufficient; and community pay for requesting the That 3) of the expenses diem per and travel all consultant no are (there team advisory in this their service)-for charged fees are Nation the and city the since case, share can they request, the making jointly the expenses. fairly advice the variety of obtain such benefit recommends fields. and substantially of top-rank a service are on professional assembles higher and in a professionals either Should consultation the of such For a minimal fee, the community will obvious. receive having of benefits The side attempt to the own--without its organization them--the costs which would be the chances of obtaining such 85 The experts assembled agree to reduced. services without bestowed upon requests known by members of these professional organizations selects team, the professional certain members because they are to be among the Another possible considered is widely It representation. in assembling the advisory organization thereby the professional organization by their provide their the honor because of fee a them which that substantially be would experts of calibre high a top professionals in their fields. to gaining in popularity because, In visibility. factor a crucial Although used a the Nation and Salamanca major of plan for the have most widely been design the competition design until case, visibility could be competitions the renewal of from with in attracting new industry. determine to development, benefit Salamanca's expert with community the provide also they however, Competitions Beyond these benefits, cost. minimal a for advice taken like the R.U.D.A.T. community the provide they approach, . competition the leases is a renew are approach which may be of a specific the Salamanca leases would by its provision development. The of a Seneca would not open a competition in the leases' renewal were points 86 adjustment measures, job creation, and target periods, would Entrants consultant the of the benefits potential and issues) would be arranged city the as locate in Salamanca. to as design (such competition be able to acquire, would industry requirements Further by an of commitment or acquired, already competition. to demonstrate that they required be a such into entry for requirements had goals--would therefore establish the employment group points--adjustment These determined. and negotiated the Nation may ahd determine. designed carefully and firms (or are listing will the City at the client's choosing). be recent of The rules for the cost of In addition, the notice prizes to be awarded, The award. prizes and awarded can paid from the registration fees acquired. competition offered registration the number of the and entries, for deadline the amount the country described on the announcement notices, also announce usually The posters--are sent to architectural or a registration fee. entry, Notices--including "open". academic departments throughout beyond, entry is One competitions. of forms different two are There a fees of Again, the Times for prize first Tower in New York of $10,000 with $45. financial 87 rewards are not the there is sufficient reward. competition, for them to in order for to competition must have the sanction of an the attract, order professionals they are meant top-rate the attract to work, competitions such In their work well known. make to opportunity Competitions known firms and other participants the lesser provide winning such a By competition. the in participate to decisions entrants' in factors motivating appropriate professional organization. group be as field. hired to a chosen by the A fee is group select provide a of the the competition. The member and/or familiar academics in the paid to each entrant firm The fee would not it would if the firm was as of lack for of agrees to compete. which high to professionals top-rate appropriate only arranges professional the of would therefore need to be chosen consultant or who body sanctioning to are who entrants with open term--is better relies more competition form--"closed" This organization. of sanction the on heavily form other The its service, individually but the fee would have be sufficiently high to make the firm's competition worth its while. The the fee, consultant hired to arrange and implement competition would be able to assess an appropriate but the fees to each entrant would 88 be uniform, and $2000 between generally Boston was designed in development of Copley Place winner of such a competition. the by considered as government, not is It cost a total of competition at a total cost of $30,000 to Whichever a $40,000. is chosen, a member of competition and implement the competition. arrange to hired similar professional organization would have to sanctioning be $100,000. a provide could Salamanca of estimate that the Seneca to unreasonable and Nation fields the estate development, and real "world-class" by This competition, in professionals planning, architecture, recent The $5000. That person will also be responsible for selecting the jury panel which will ultimately competition. the representative expert advice consultant jury panel, be represented. also but outside Since the will be responsible for most of the design implementation, and the most decision for the Seneca Nation and Salamanca important far would Nation and the City of the opportunity to assign to the members chosen competition's as have both would Salamanca Seneca The choose the winners of as the competition is concerned, will be their choice of the consultant. members which Despite what of Seneca the are created many residents of Salamanca and think, the isssues by the Salamanca leases' renewal are Nation may 89 complex and leaseholders with a who would be professionals and help be determined would afforded by a surprising challenged lessors array by the of issues to provide their expertise to Salamanca and the Seneca Nation of leaders the only provide Salamanca's surely would competition visibility The unique. and not are They fascinating. and challenging resolve them. The upon of Indians renewal Salamanca depends entirely of The Seneca Nation leases and their renewal. the essential community has always resource and depended will as an exercise of its Salamanca can not afford not 90 upon its land as an look to the leases' sovereign tribal rights. to seek visibility. BIBLIOGRAPHY memorials and reports, letters, The the from obtained were thesis this in referenced Economics and Natural Scientific, Archives' National 75 (Indian Affairs), Group Record Branch, Resources addition, the following In files. Agency York New materials were used as sources: Vol. II, Laws and Treaties, Affairs, Indian 1. Printing Government editor, Kappler, J. Charles 1904 Office, Washington, D.C., American the of World The 2. D.C., Washington, Society, Geographic Indian, 1974 National Quandary", by Thomas E. a in City "Salamanca, 3. January, 1974 New York History, Hogan, in Wall Landlords", "Indian 4. October 3, 1966, p. 1 5. in Street Journal, Case for Index Leases", by William Shenkel, "The July, 1974 Journal of Property Management, 91