§ 31 — Exchange of reservation lands of the Seneca Nation of Indians

§ 31. Exchange of reservation lands of the Seneca Nation of Indians.\n1. Notwithstanding any other provision of law, the Seneca Nation of\nIndians which owns and occupies reservation lands or any real property\ninterest therein as the common property of the Seneca Nation may, by the\nact of the Seneca Council and, if required by federal statute or treaty,\nwith the approval of appropriate federal officials, grant and convey any\nsuch lands or real property interest therein to the state for the\nconstruction of Route 17 (Southern Tier Expressway) upon such terms and\nconditions as the Seneca Council shall deem to be just and reasonable.\nThe terms lands and real property interest therein as used in this\nsection shall include lands, waters, rights in lands or waters,\nstructures, franchises and interests in land, including lands under\nwater and riparian rights, and any and all other things and rights\nusually included within the said terms and includes also any and all\ninterests in such land and property less than full title, such as\npermanent or temporary easements, right-of-way uses, leases, licenses\nand all other incorporeal hereditaments, and every estate, interest or\nright, legal or equitable.\n 2. Notwithstanding the provisions of any other law, the commissioner\nof transportation is hereby authorized, where such property is\nidentified and requested by the Seneca Nation, to acquire property\noutside the Seneca reservations, in the same manner as other property is\nacquired for state highway purposes pursuant to this chapter or to use\nproperty under the jurisdiction of the department of transportation, to\nbe exchanged in whole or in part on terms beneficial to the state for\nSeneca reservation lands or real property interests therein acquired or\nto be acquired from the Seneca Nation for the construction of Route 17\n(Southern Tier Expressway). In order to effect any such exchange the\ncommissioner of transportation is hereby authorized to execute and\ndeliver, in the name of the people of the state, a quitclaim of, or a\ngrant in and to, such property, to the Seneca Nation involved to hold\nfor the benefit of the Nation. Each such instrument of conveyance shall\nbe prepared by the attorney general and, before delivery thereof, shall\nbe approved by him as to form and manner of execution.\n 3. Any propery granted and conveyed to the Seneca Nation of Indians in\nexchange for reservation lands or interests in real property pursuant to\nthe provisions of this section shall thereafter be Indian reservation\nlands, enjoying all the rights and privileges and subject to all the\nlimitations which now or hereafter shall inhere in Indian reservation\nlands under law.\n