In 1950 the United States and Canada entered into treaty in respect to the Niagara Falls in order to properly split the use of an obviously huge natural resource.

When approving the treaty, the Senate entered into force a provision that stated that no development of the areas was to occur without an Act of Congress.

The land in question was not part of the actual reservation as mandated by treaty, but purchased by the Tuscarora with assistance from the Secretary of War.

On May 5, 1958, the FPC issued its order approving the licensee's revised exhibit, which precisely delineated the location, area, and acreage to be embraced by the reservoir, which included 1,383 acres (5.60 km2) of the Tuscaroras' lands.

However the Commission found that other sites would cause significant delay to the project, cause unwanted community disruption, unreasonable expense and would reduce the capacity of the reservoir.

It is certain that if s 177 is applicable to alienations effected by condemnation proceedings under s 21 of the Federal Power Act, the mere 'expressed consent' of Congress would be vain and idle.

Therefore, if s 177 is applicable to alienations effected by condemnation under s 21 of the Federal Power Act, the result would be that the Tuscarora lands, however imperative for the project, could not be taken at all.But s 177 is not applicable to the sovereign United States ...[1]George C. Shattuck, who successfully litigated the Oneida I (1974) decision more than a decade later cited Tuscarora as the "key that helped me see the legal issues in the correct perspective.

"[3] Shattuck notes that, "[i]ronically, the state's brief in the Tuscarora case ... gave me my first real understanding of how the Nonintercourse Act worked and how it might be used to press the Oneida claim.