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
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$A
SAA
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AMNC A
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SCALE
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OP
ALL
j7
CA.
#IORT. MOUNTAIN
SGHOOL
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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