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






                                                 Union Calendar No. 121
106th CONGRESS
  1st Session
                                H. R. 562

                          [Report No. 106-207]

 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

                             June 29, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. RATIFICATION OF TRANSFER; EXTINGUISHMENT OF TITLE 
              AND CLAIMS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

    (a) Approval and Ratification of Prior Transfers.--Any transfer of 
land or natural resources located within what is now the boundaries of 
the State of New Jersey or any transfer of hunting or fishing rights 
related thereto, from, by, or on behalf of the Delaware Nation of 
Indians, 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 transfers of land or natural resources from, by, or on 
behalf of any tribe, nation, pueblo, or band of Indians, or any member 
thereof (including without limitation, the Trade and Intercourse Act of 
1790 (ch. 33, sec. 4; 1 Stat. 137, 138)), and Congress does approve and 
ratify any such transfer effective as of the date of the transfer.
    (b) Aboriginal Title Extinguished.--To the extent that any transfer 
described in subsection (a) involves land, natural resources, or 
hunting or fishing rights to which the Delaware Nation of Indians had 
aboriginal title, subsection (a) shall be regarded as an extinguishment 
of such aboriginal title.
    (c) Claims Extinguished.--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 arising before December 31, 
1832, and based on any interest in or right to land or natural 
resources within the boundaries of the State of New Jersey, (including 
without limitation, claims for trespass damages, claims for use and 
occupancy, or claims involving hunting or fishing rights) shall be 
deemed to have been extinguished as of December 31, 1832.
    (d) Definition.--For the purposes of this section, the term 
``Delaware Nation of Indians'' means the Delaware Nation of Indians, 
the Delaware Tribe of Indians, the Delaware Tribe of Western Oklahoma, 
any member of those tribes, and any descendant, predecessor, or 
successor in interest of those tribes and any member thereof.
                                                 Union Calendar No. 121

106th CONGRESS

  1st Session

                               H. R. 562

                          [Report No. 106-207]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 29, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed