[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 562 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 562

 To approve and ratify certain transfers of land and natural resources 
   by or on behalf of the Delaware Nation of Indians, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1999

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To approve and ratify certain transfers of land and natural resources 
   by or on behalf of the Delaware Nation of Indians, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RATIFICATION OF TRANSFER; EXTINGUISHMENT OF TITLE AND 
              CLAIMS.

    (a) Approval and Ratification of Prior Transfer.--Any transfer of 
land or natural resources located anywhere within what is now the 
boundaries of the State of New Jersey, from, by, or on behalf of the 
Delaware Nation of Indians or any of its members, which occurred prior 
to 1833, including any transfer pursuant to any treaty, compact, deed, 
Act, or statute of the State of New Jersey, shall be deemed to have 
been made in accordance with the Constitution and all laws of the 
United States that are specifically applicable to transfer of land or 
natural resources from, by, or on behalf of any Indian, Indian nation, 
or tribe or band of Indians (including, but without limitation, the 
Trade and Intercourse Act of 1790 (ch. 33, sec. 4 Stat. 137, 138)) and 
all amendments thereto and all subsequent reenactments and versions 
thereof, and Congress does approve and ratify such transfer effective 
as of the date of the transfer.
    (b) Aboriginal Title Extinguished as of Date of Transfer.--To the 
extent that any transfer of land or natural resources described in 
subsection (a) involves land or natural resources to which the Delaware 
Nation of Indians or any of its members, or any other Indian, Indian 
nation, or tribe or band of Indians had aboriginal title, subsection 
(a) shall be regarded as an extinguishment of such aboriginal title as 
of the date of such transfer.
    (c) Claims Extinguished as of Date of Transfer.--By virtue of the 
approval and ratification of a transfer of land or natural resources 
under subsection (a) or the extinguishment of aboriginal title under 
subsection (b), all claims against the United States, the State of New 
Jersey or subdivision thereof, or any other person or entity, by the 
Delaware Nation of Indians or any of their members or any predecessors 
or successors in interest thereof, arising at the time of or subsequent 
to the transfer and based on any interest in or right involving such 
land or natural resources, including but without limitations, claims 
for trespass damages or claims for use and occupancy, shall be deemed 
extinguished as of the date of transfer.
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