The proposed industrial park would consist of a tract of 268 acres divided into approximately 44 plant sites, ranging from 1 to 5 acres. The cost of establishing the proposed industrial park would be $1,379,000. Direct employment related to basic services ordinarily included in organized industrial districts would amount to 60 manyears, with an annual payroll of approximately $300,000. However, when fully developed, such an industrial park, with 44 plants fully operational and manned would provide an additional 3,300 industrial jobs.

The industrial potential is, therefore, also of great significance, both to the Senecas and to the surrounding community, especially the Buffalo labor market. The investment of public funds required to maximize the Seneca benefits through an industrial park would be less than one-seventh of that necessary for the proposed recreational, historical, and educational exhibit.

The Bureau of Indian Affairs urges serious consideration by this committee and by the Congress of the Brill Engineering Corp.'s proposed industrial park.

Mr. BERRY. Just what do you mean by an industrial park?

Dr. NASH. By an industrial park, I mean a tract of land which has been set aside by a municipality, in this case by the Seneca Nation acting through its government and through the creation of an industrial development corporation, which would provide water, fire protection, police protection, and the ordinary community services, and would lease land on the site to manufacturing concerns which desired to set up plants on the sites, making use of the community services. provided by the industrial development corporation, and paying rent for the property. Sometimes a corporation of this kind puts up shell buildings which the companies themselves modify. Others prefer to design and erect their own manufacturing plants.

Basically, we are dealing with ground rents and services for which a charge is made. The value of it is dual-to provide income to the Seneca government itself and, of course, it would stimulate jobs for the whole community, including Indians from both the Cattaraugus and Allegany Reservations, and others who may not even live there. Section 4 (f), page 6, lieu lands: The President's letter to the Senecas of August 9, 1961, mentioned lieu lands as an alternative to the flooded lands to be taken. The present bill provides the necessary authority, and we urge that this authority be included in the bill. However, the Senecas, after careful consideration of all the possibilities, have not sought extensive exchange lands, and have adopted no resolution in this connection.

In considering the Brill report as presented orally to them, the Senecas expressed approval of the Brill proposal to provide certain buffer zones to protect developed areas of the reservation from indiscriminate and uncontrolled development by others in close proximity. Mr. Chairman, if you will direct your attention to this colored chart, you will note that the cross-hatched areas in red on the western edge of the reservation are lieu lands which have been proposed as being needed for buffer zones in order to protect the investment in the recreational development if that should come about. These amount to about 840 acres, I believe. They are not extensive, compared with what was contemplated in the President's directive.

They would, however, be needed for protection in the event the recreation proposal of Brill should go forward.

Mr. HALEY. Mr. Commissioner, these lands are now in the hands of private individuals?

Dr. NASH. I believe they are all in the hands of private individuals. The Cattaraugus County proposal also requests acquisition of these lands by Federal Government condemnation in the event the recreation project goes forward.

Mr. HALEY. That is the thing I was a little disturbed about at one of the hearings we had. I specifically asked the Army Corps of Engineers how these lands could be acquired. In order to condemn land from a private individual, there must be an overriding public necessity, and I do not see it in this, very frankly. I am disturbed by the encroachment of private installations or projects on or near this reservation. I do not see how the Army Corps of Engineers can come in here and say they are going to take this land or that any other agency can do so, and say there is an overriding public necessity. Can you or anybody else tell me how you can get around that?

Don't misunderstand me. I think if the Congress, in its wisdom, decides to go ahead with this project, certainly it should take all measures that it possibly can to protect the investment. That would be only natural. If I owned 200 acres of land by this project, I do not know whether I would want to sell to the Senecas or to anyone else. I do not see just how you would be able to make much of a showing as to public necessity.

Dr. NASH. The public necessity, Mr. Chairman, of course, would arise from the action of the Congress, if it does so, in making possible this large-scale recreational development as extraordinary compensation to the Senecas for the dislocation of their community. The Bureau has taken the position that this dislocation, although extreme, is not on the order of a $29 million grant which would create jobs that they themselves could not fill when fully developed.

It has been of interest to me that the Cattaraugus County Board of Supervisors, through its planning committee, has itself recommended a buffer zone to be protected. Of course, they are relying on the power of the Federal Government to condemn for this pur

pose.

I am attempting to answer your question by saying that only if this recreation is made a public purpose by the Congress of the United States would such condemnation be possible.

Mr. HALEY. I have here a two-page letter, dated August 8, 1963, from the Cattaraugus County Planning Board, signed by Clyde D. Robbins, director of planning. Without objection, it will be made a part of the record at this point in the proceedings.

It is accompanied by a brochure, which is a plan for the development of the Kinzua Reservoir area. That will be made a part of the file at this point, if we have not already done that.

I also have a letter dated August 6, 1963, to the Honorable Compton I. White, House of Representatives, signed by Marcus J. Ware, of the firm of Cox, Ware, Stellmon & O'Connell. Without objection, this letter will also be made a part of the record at this point in the proceedings.

(The letters referred to follow :)

CATTARAUGUS COUNTY PLANNING BOARD,
Little Valley, N.Y., August 8, 1963.

U.S. HOUSE OF REPRESENTATIVES,
Committee on Interior and Insular Affairs,
Washington, D.C.

GENTLEMEN: As the official county planning agency in Cattaraugus County, N.Y., charged with the responsibility of long-range, countywide planning and the public trust and confidence of securing for all the residents of this county a better future community, we wish to submit the following statement concerning the proposed legislation to aid the Seneca Nation of Indians. We respectfully request that it be read and entered as a part of the Congressional Record on this matter.

As a whole, we are in agreement with many of the provisions of H.R. 7354 submitted by our Congressman, Charles E. Goodell, as being a fair and equitable settlement for the Seneca Nation. We would also like to emphasize that locally we are very much in favor of certain segments of the proposal which has been submitted by Brill Engineering consultants to the Bureau of Indian Affairs. Specifically, we encourage the development of an authentic, historically significant Iroquis community on the reservation which would contribute immeasurably to the development of a stable economic base for the Senecas through tourism, and it is our belief it would offer lasting and permanent economic relief and job opportunities to the members of the Seneca Nation. On the opposite side of the ledger, however, we are unalterably opposed to the acquisition by the Federal Government of any lands adjacent to the reservation for the purpose of extending the Allegany Reservation or the "special status" enjoyed therein.

We are just as much opposed to the condemnation of adjacent lands for Seneca Nation use as an unused "buffer zone" whether or not such lands are given reservation status.

Referring to H.R. 7354, page 12, section 13, it is conceivable that the wording of this section could be susceptible to an interpretation which would allow the Secretary of the Army to acquire adjacent lands for a buffer zone for purposes of protecting the recreational aspects of the reservationan act which in effect would eliminate the desirable possibilities we outline in our plan of encouraging major public recreational developments or franchising private (taxable) commercial development at key points along the western bank access highway. We believe that if the terminology of section 13 is left in the bill, the hearings in Washington should clearly set forth the fact that no right is given under this clause for the acquisition for the Seneca Nation of so-called buffer lands, and that the adjacent lands being acquired by the Secretary of the Army would have to actually be necessary for physical occupancy for recreation or commercial purposes or directly related to the development of non-Indian recreational or commercial facilities.

From experience, we are aware of the fact that the interpretations given during the discussion of controversial legislation in Congress can be extremely important in subsequent legal determinations. Consequently, we are respectfully requesting that the matter be clarified in committee hearings to the degree that (if that is the purpose) it is understood that the acquisition of adjacent lands simply for the purpose of buffering reservation projects is not authorized and that the authority granted in section 13 with respect to adjacent lands is restricted to the acquisition of lands for public recreational purposes or for publicly controlled private commercial development.

Respectfully,

CLYDE D. ROBBINS, M.C.P.,
Director of Planning.

Cox, WARE, STELLMON & O'CONNELL,
Lewiston, Idaho, August 6, 1963.

Re H.R. 1794, Seneca Nation.
Hon. COMPTON I. WHITE,

House of Representatives, Washington, D.C.

DEAR MR. WHITE: In 1794 Pickering negotiated a treaty with the Seneca Indians by the terms of which the United States assured the Indians in question that the lands recognized as theirs would belong to them forever and

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would not be taken from them without their consent. Unilaterally this treaty has been abrogated by the United States in order that the dam known as the Kinzua Dam might be erected which will flood approximately 10,000 acres of the land occupied by these Indians and will require approximately 150 Seneca Indian families to yield their homes and their treaty protected land in the name of progress and the demands of a higher authority.

The compensation which the Indians will receive for their homes and property will not be adequate in the opinion of those who have studied the question to enable the Indians to relocate and reestablish their pattern of life elsewhere. There is pending in the House of Representatives H.R. 1794 which is designed to provide funds for sound relocation and rehabilitation of these Indians. I do hope that you will see fit to study this bill and not only vote for it, but secure the support of others in the House for that purpose. It is the only way that I can see that the people of the United States can redeem their pledged word with these Indians.

Very sincerely yours,

Mr. HALEY. You may continue, Mr. Commissioner.

MARCUS J. WARE.

Dr. NASI. There is, therefore, no concrete proposal before the Bureau for lieu lands at this time, unless the Congress elects to fund the recreation proposal now under discussion in some manner or in some degree.

In conclusion, Mr. Chairman, pursuant to the President's directive, this Bureau and other agencies of the Government have engaged in extensive planning and preparation and consultation with representatives of the Seneca Nation, looking toward the day when full closure of the dam is effected and the reservoir begins to fill. Execution of these plans is dependent upon the passage of this bill, and the filing of declarations of taking by the Corps of Engineers of the authorities for many important programs mutually agreed upon by the Seneca Indians and the Bureau of Indian Affairs are contained in the pending legislation. Money to implement these plans in preparation for a closing date, now only 14 months away, is not available unless appropriated pursuant to the proposed authorities. However, the most urgent programs could be funded by the Seneca Nation in anticipation of such appropriations if the Corps of Engineers were to file a declaration of taking and make the appropriate deposits with the Federal district court.

This committee in previous hearings on this subject has expressed in strong terms its concern over the time factor. The Bureau of Indian Affairs is in complete agreement with the expressions made by the chairman of this committee, and urges the speediest possible consideration of H.R. 1794.

That concludes my statement, Mr. Chairman.

Mr. HALEY. I might say, Mr. Commissioner, this matter of time has given me a great deal of concern. I see we have here the representatives of the Army Corps of Engineers. I want to put them on notice and all other departments of Government on notice that unless we can speedily come to some determination and proceed very rapidly with the construction of roads and the construction of other facilities in the next few months, I propose to offer and will offer a resolution to the Congress that we not close the dam until these things are done, that we not allow the removal of these people from their homes until this project of housing, and so forth, is moved along to a position where these Indians will have some place to go.

I realize, Mr. Commissioner, that is not your responsibility. To some extent, I think, it rests more in the line of duty of the Army Corps

of Engineers. I do not propose to see this Indian tribe disrupted until ample provisions are made for proper housing. I think the Congress would be very severely criticized, and justly so, and I think the Army Corps of Engineers and, to some extent, I think probably your department, also, because you are in a position of trusteeship to these Indian people.

I would hope that we could arrive at some procedure where we can immediately start the necessary projects to see that the Indians have a place to go prior to the closing of the gates of that dam. I think you would agree with that.

Dr. NASH. Yes, sir. We accept our share of the responsibility. In the event there should be further delays, we have explored with the Area Redevelopment Administration and with the Housing and Home Finance Agency, means, by loans and otherwise, of providing for the water and loans to the tribe for the construction of housing.

The Seneca Nation is understandably reluctant to go into debt and incur obligations for necessities which arise straight out of the construction of the dam. Therefore, they have been reluctant to go through with these plans. We have not been idle in preparing for the emergency in the event the closure should be effected and they would not be ready. They, too, are relying on the corps and on the Congress, and do not want to use these alternate means.

Mr. HALEY. As I understand the testimony of the Army Corps of Engineers, Mr. Commissioner-perhaps you have explored this, toowhether it is the final figure or not, I am under the impression that the corps said they would have ample funds in their appropriation, without additional legislation, to take care of what they consider to be their obligation. Is that your understanding?

Dr. NASH. Yes, sir; this is my understanding. As I understand the position of the corps, their appropriations pursuant to existing authority are adequate to take care of the direct and indirect damages, but these additional items that I have been talking about this morning, not just to pay for a house which is destroyed, but to create a new community and put people in improved housing as partial compensation for the virtual destruction of the reservation, they regard as an added item and a matter which we should ask for and guide the tribe in.

We have accepted that responsibility. We do not disagree with the corps in this respect.

Mr. EDMONDSON. I certainly agree with the chairman on the need for expediting action on this problem. However, would not the chairman agree with me, in all fairness to the Federal agencies involved, that the Congress of the United States itself shares in the responsibility for the situation we are in right now, by its failure, at the time we authorized and appropriated for this dam, to outline some guidelines and some policies with regard to this Seneca Nation which would have made it possible to have something more constructive at this stage?

Mr. HALEY. May I say to my dear colleague from Oklahoma, I do think the Congress has a responsibility here. However, I do not want that to rest on this committee. As the gentleman well knows, by various and devious routes this did not come through this committee in the original instance. Had it done so, these matters would have been resolved.