[House Report 119-355]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-355
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TO AUTHORIZE, RATIFY, AND CONFIRM THE AGREEMENT OF SETTLEMENT AND
COMPROMISE TO RESOLVE THE AKWESASNE MOHAWK LAND CLAIM IN THE STATE OF
NEW YORK, AND FOR OTHER PURPOSES
_______
October 31, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2916]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2916) to authorize, ratify, and confirm the
Agreement of Settlement and Compromise to Resolve the Akwesasne
Mohawk Land Claim in the State of New York, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 2916 is to authorize, ratify, and
confirm the Agreement of Settlement and Compromise to Resolve
the Akwesasne Mohawk Land Claim in the State of New York, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2916 would authorize, ratify, and confirm the
Akwesasne Mohawk Land Claim Settlement Agreement and bring
reconciliation after four decades of uncertainty.
The Saint Regis Mohawk Tribe (SRMT) is located on the
border of New York State and Canada, along the St. Lawrence
River. SMRT's U.S. reservation spans two counties, covering
roughly 14,648 acres.\1\ On the Canadian side of the border,
the reservation occupies approximately 7,400 acres under the
jurisdiction of SRMT's counterpart, the Mohawk Council of
Akwesasne (MCA).\2\
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\1\Tiller, Veronica E. Velarde. Tiller's Guide to Indian Country:
Economic Profiles of American Indian Reservations. 3rd ed. Pg. 582.
\2\Id.
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The SRMT is part of the Iroquois Confederacy, with
ancestral lands spanning over 15,000 square miles from the St.
Lawrence River to the Delaware River, and from the West-Canada
Unadilla Creek to the Hudson River.\3\ Despite migration in the
1600s and 1700s, the Mohawks remained in the area. Following
the Revolutionary War, the Seven Nations of Canada and the
State of New York signed the 1796 treaty, which gave the SRMT
its reservation.\4\ In 1824 and 1825, the State of New York
acquired land from the SRMT (SMR Land); however, this
transaction did not involve the federal government. Under the
Non-Intercourse Act,\5\ one of the earliest federal statutes,
the United States had the exclusive right to acquire Indian
lands. As the federal government did not participate in the
transfer of the SRMT Land, the SRMT and its Canadian
counterpart, MCA, have sought to invalidate the transaction and
return these lands to tribal ownership.
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\3\Id.
\4\Id.
\5\25 U.S.C. 177.
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Since 1982, legal battles have plagued the question of who
should own the SRM Land in New York.\6\ The SRMT, the State of
New York, Franklin and St. Lawrence Counties, and the New York
Power Authority (NYPA) have engaged in litigation, working
through the court system and different iterations of a
settlement to come to an agreement on the land claim
settlement.\7\ The settlement at the core of H.R. 2916 reflects
the culmination of years of work by all parties involved.
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\6\See, e.g., Canadian St. Regis Band of Mohawk Indians v. New
York, 146 F. Supp. 2d 170 (N.D.N.Y 2001); Canadian St. Regis Band of
Mohawk Indians v. New York, 573 F. Supp. 1530 (N.D.N.Y 1983).
\7\Id.
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Under the agreement, the SRMT receives approximately 3,500
acres of land returned to reservation status, including the
Hogansburg Triangle, and can acquire, from willing sellers, up
to 14,000 additional acres. Higher education tuition and
mandatory fees are waived for all Akwesasne Mohawk students
attending a State University of New York institution. SRMT will
acquire 9 megawatts of power from NYPA at a preferred rate.
Additionally, the settlement does not require federal monetary
contribution, the SRMT will adhere to all New York State
building codes, and there are clear boundaries for the SRMT's
reservation regarding judicial jurisdiction with a forum for
disagreement resolution through discussion rather than the
court system.\8\
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\8\Agreement of Settlement and Compromise to Resolve the Akwesasne
Mohawk Land Claim in the State of New York. On file. The Office of
Congresswoman Elise Stefanik. Stefanik Introduces Legislation Ratifying
the Akwesasne Mohawk Land Claim Settlement Agreement. April 2025.
https://stefanik.house.gov/2025/4/stefanik-introduces-legislation-
ratifying-the-akwesasne-mohawk-land-claim-settlement-agreement.
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Negotiated settlements related to Indian land claims under
the Non-Intercourse Act require congressional approval, in this
case through the legislative process.\9\ H.R. 2916 would settle
this outstanding issue.
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\9\25 U.S.C. Sec. 177.
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COMMITTEE ACTION
H.R. 2916 was introduced on April 14, 2025, by
Representative Elise Stefanik (R-NY). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Indian and Insular Affairs. On June 11,
2025, the Subcommittee on Indian and Insular Affairs held a
hearing on the bill. On September 17, 2025, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Indian and Insular Affairs was discharged from further
consideration of H.R. 2916 by unanimous consent. The bill was
ordered favorably reported to the House of Representatives by
unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Indian and Insular Affairs held
on June 11, 2025.
SECTION-BY-SECTION ANALYSIS
Section 1. Agreement and transfers authorized, ratified and confirmed
Section 1 authorizes, ratifies, and confirms the settlement
agreement by the SRMT, MCA, the State of New York, the Counties
of Franklin and Saint Lawrence in New York, the Towns of Fort
Covington and Bombay in New York, and the NYPA. Additionally,
any land, right-of-way, or easement transfers noted in the
relevant court cases are also authorized, ratified, and
confirmed.
Section 2. Lands owned by Saint Regis Mohawk Tribe within Settlement
Acquisition Areas
Section 2 recognizes any land owned or acquired by the
SRMT, within the Settlement Acquisition Areas, as ``Indian
Country'' as defined in section 1151(a) of title 18, United
States Code.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize, ratify, and confirm the
Agreement of Settlement and Compromise to Resolve the Akwesasne
Mohawk Land Claim in the State of New York, and for other
purposes.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 2916 would make no changes in existing law.
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