Section 31. Exchange of reservation lands of the Seneca Nation of Indians  


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  • 1. Notwithstanding any other provision of  law,  the  Seneca  Nation  of
      Indians  which  owns and occupies reservation lands or any real property
      interest therein as the common property of the Seneca Nation may, by the
      act of the Seneca Council and, if required by federal statute or treaty,
      with the approval of appropriate federal officials, grant and convey any
      such lands or real property  interest  therein  to  the  state  for  the
      construction  of Route 17 (Southern Tier Expressway) upon such terms and
      conditions as the Seneca Council shall deem to be just  and  reasonable.
      The  terms  lands  and  real  property  interest therein as used in this
      section  shall  include  lands,  waters,  rights  in  lands  or  waters,
      structures,  franchises  and  interests  in  land, including lands under
      water and riparian rights, and any  and  all  other  things  and  rights
      usually  included  within  the  said terms and includes also any and all
      interests in such land and  property  less  than  full  title,  such  as
      permanent  or  temporary  easements, right-of-way uses, leases, licenses
      and all other incorporeal hereditaments, and every estate,  interest  or
      right, legal or equitable.
        2.  Notwithstanding  the provisions of any other law, the commissioner
      of  transportation  is  hereby  authorized,  where  such   property   is
      identified  and  requested  by  the  Seneca  Nation, to acquire property
      outside the Seneca reservations, in the same manner as other property is
      acquired for state highway purposes pursuant to this chapter or  to  use
      property  under the jurisdiction of the department of transportation, to
      be exchanged in whole or in part on terms beneficial to  the  state  for
      Seneca  reservation lands or real property interests therein acquired or
      to be acquired from the Seneca Nation for the construction of  Route  17
      (Southern  Tier  Expressway).  In  order to effect any such exchange the
      commissioner of transportation  is  hereby  authorized  to  execute  and
      deliver,  in  the  name of the people of the state, a quitclaim of, or a
      grant in and to, such property, to the Seneca Nation  involved  to  hold
      for  the benefit of the Nation. Each such instrument of conveyance shall
      be prepared by the attorney general and, before delivery thereof,  shall
      be approved by him as to form and manner of execution.
        3. Any propery granted and conveyed to the Seneca Nation of Indians in
      exchange for reservation lands or interests in real property pursuant to
      the  provisions  of  this section shall thereafter be Indian reservation
      lands, enjoying all the rights and privileges and  subject  to  all  the
      limitations  which  now  or hereafter shall inhere in Indian reservation
      lands under law.