[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5561 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5561

  To provide for and approve settlement of certain land claims of the 
               Wyandotte Nation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2002

    Mr. Moore (for himself and Mr. Young of Alaska) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for and approve settlement of certain land claims of the 
               Wyandotte Nation, 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. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Wyandotte Nation has a valid interest in certain 
        lands located in the Fairfax Business District in Wyandotte 
        County, Kansas, that are located within the Nation's 
        reservation established pursuant to an agreement between the 
        Wyandotte Nation and the Delaware Nation dated December 14, 
        1843, which agreement was ratified by the Senate on July 25, 
        1848.
            (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation 
        v. Unified Government of Kansas City and Wyandotte County, 
        Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain 
        landowners within the Fairfax Business District to ascertain 
        and adjudicate ownership of lands that were once owned and held 
        in trust by the United States for the benefit of the Wyandotte 
        Nation but were not conveyed to the United States by the 
        Wyandotte Nation pursuant to the Treaty of January 31, 1855.
            (3) The Lawsuit also contends that certain major roads in 
        Kansas City encroach upon a certain parcel of land, known as 
        the Huron Cemetery, which was reserved for the Wyandotte Nation 
        in the Treaty of January 31, 1855.
            (4) The pendency of this Lawsuit has resulted in severe 
        economic hardships for the residents of the Fairfax Business 
        District of Wyandotte County, Kansas, by clouding title to much 
        of the land within that District.
            (5) Congress shares with the residents of the Fairfax 
        Business District of Wyandotte County, Kansas, a desire to 
        remove all clouds on title resulting from the Lawsuit without 
        additional cost or expense to either the United States, the 
        State of Kansas, the Unified Government of Kansas City and 
        Wyandotte County, Kansas, and all other landowners within the 
        Fairfax Business District of Wyandotte County, Kansas.
            (6) The Wyandotte Nation and the Unified Government of 
        Kansas City and Wyandotte County have reached an agreement 
        settling the Lawsuit which requires implementing legislation by 
        the Congress of the United States.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To settle the Lawsuit.
            (2) To direct the Secretary to take into trust for the 
        benefit of the Wyandotte Nation the Settlement Lands in 
        settlement of the Wyandotte Nation's Lawsuit and land claims 
        asserted therein.

SEC. 2. DEFINITIONS.

     For purposes of this Act, the following definitions apply:
            (1) Kansas lands.--The term ``Kansas Lands'' means all of 
        the lands described and identified as Gifted Lands and Accreted 
        Lands in the Wyandotte Nation's complaint filed in the Lawsuit, 
        as well as those portions of Seventh Street and Minnesota 
        Avenue located within Kansas City, Kansas, which the Wyandotte 
        Nation claim in the Lawsuit were included within the Huron 
        Cemetery under the Treaty of January 31, 1855.
            (2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation 
        v. Unified Government of Kansas City and Wyandotte County, 
        Kansas, U.S. D.C. Kan., Case No. 012303-CM.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Settlement lands.--The term ``Settlement Lands'' means 
        the following parcel of real property located in the City of 
        Edwardsville, Wyandotte County, Kansas, which the United States 
        shall hold in trust for the Wyandotte Nation as part of the 
        settlement of the claims of the Wyandotte Nation to the Kansas 
        Lands: Legal description as recited in Quit Claim Deed filed 
        for record as Parcel I.D. 944806, book 3190 at page 198 and 
        book 4408 at page 789 in the Wyandotte County Register of Deeds 
Office.
            (5) Unified government.--The term ``Unified Government'' 
        means the Unified Government of Kansas City and Wyandotte 
        County, Kansas.
            (6) Wyandotte nation.--The term ``Wyandotte Nation'' means 
        the Wyandotte Nation, a federally recognized Indian tribe.

SEC. 3. ACCEPTANCE OF SETTLEMENT LANDS.

    (a) Trust Status.--Concurrently with the relinquishment by the 
Wyandotte Nation of any and all claims to the Kansas Lands and 
dismissal with prejudice of the Lawsuit, the Secretary shall take the 
Settlement Lands into trust for the benefit of the Wyandotte Nation as 
part of the settlement of the Wyandotte Nation's land claims to the 
Kansas Lands asserted in the Lawsuit, if there are no adverse legal 
claims on the Settlement Lands, including outstanding liens, mortgages, 
or taxes owed. The Secretary's taking of the Settlement Lands into 
trust for the benefit of the Wyandotte Nation under this Act is a 
mandatory trust acquisition, and the terms and provisions of the Act of 
June 18, 1934 (popularly known as the Indian Reorganization Act; 25 
U.S.C. 461 et seq.), and the regulations and standards set forth in 
part 151 of title 25, Code of Federal Regulations, shall not apply to 
the Secretary's taking of the Settlement Lands into trust for the 
benefit of the Wyandotte Nation under this Act.
    (b) Settlement of Land Claims.--The Settlement Lands are taken into 
trust as provided in this section as part of the settlement of the 
Wyandotte Nation's land claims to the Kansas Land asserted in the 
Lawsuit within the meaning of section 20(b)(1)(B)(i) of the Indian 
Gaming Regulatory Act.
    (c) Status of Settlement Land.--Upon the Secretary taking the 
Settlement Lands into trust for the benefit of the Wyandotte Nation 
under this Act, the Settlement Lands shall become a reservation of the 
Wyandotte Nation.
    (d) Application of the Kansas Act.--Upon the Secretary taking the 
Settlement Lands into trust for the benefit of the Wyandotte Nation 
under this Act, the Act of June 25, 1948 (popularly known as the Kansas 
Act; 18 U.S.C. 3243), shall apply to the Settlement Lands.

SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS.

    (a) Approval and Ratification of Prior Transfers.--Any transfer, 
before the date of enactment of this Act, of land or natural resources 
located within the boundaries of the Kansas Lands from, by, or on 
behalf of any Indian, Indian nation, or tribe or band of Indians or any 
member thereof, shall be deemed to have been made in accordance with 
the Constitution and all laws of the United States, including, without 
limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 
(ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and 
ratify such transfers effective as of the date of such transfers.
    (b) Aboriginal Title Extinguished.--Any aboriginal title held by 
any Indian, Indian nation, or tribe or band of Indians or any member 
thereof to any land or natural resources located within the boundaries 
of the Kansas Lands, the transfer of which was approved and ratified by 
subsection (a), shall be regarded as extinguished as of the date of 
such transfer.
    (c) Extinguishment of Claims.--The transfer of the Settlement Lands 
to the Secretary in trust for the benefit of the Wyandotte Nation as 
part of the settlement of the Nation's land claims asserted in the 
Lawsuit of the Wyandotte Nation under this Act shall be conditioned 
upon receipt by the Secretary of a duly enacted resolution of the 
elected tribal council or business committee of the Wyandotte Nation 
agreeing to the extinguishment of all claims (including any claims 
based upon aboriginal title) against the United States, the Unified 
Government, or any person or entity by the Wyandotte Nation in 
connection with the Kansas Lands (including, without limitation, claims 
for hunting, trapping, trespass, damages, use, or occupancy) as 
provided in this Act, and agreeing to the extinguishment of any claims 
against the United States based upon the enactment of this Act. The 
extinguishment of these claims is in consideration for the benefits to 
the Wyandotte Nation under this Act.

SEC. 5. COMPACT WITH THE STATE OF KANSAS.

    (a) Compact Procedures.--If the State of Kansas and the Wyandotte 
Nation have not entered into a tribal-State compact under section 11(d) 
of the Indian Gaming Regulatory Act within 90 days after the date of 
enactment of this Act, the Secretary shall, in consultation with the 
Wyandotte Nation and the State of Kansas, prescribe procedures for the 
conduct of gaming activities on the Settlement Lands which are 
consistent with the provisions of the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.) and the relevant provisions of the laws of the 
State of Kansas.
    (b) Surrender of Certain Other Rights.--The prescription of 
procedures under subsection (a) shall be conditioned upon the 
Secretary's receipt of a duly enacted resolution of the elected tribal 
council or business committee of the Wyandotte Nation agreeing that 
upon commencement of the Wyandotte Nation's operations on the 
Settlement Lands as contemplated under section 11(d) of the Indian 
Gaming Regulatory Act, the Wyandotte Nation will permanently renounce, 
surrender, and forgo any and all rights the Wyandotte Nation may have 
under the Indian Gaming Regulatory Act with respect to any Indian lands 
of the Wyandotte Nation, within the scope of section 4 of the Indian 
Gaming Regulatory Act, located within the external boundaries of 
Wyandotte County, Kansas, with the exception of the Settlement Lands.

SEC. 6. PRACTICE AND PROCEDURE.

    (a) Limitation of Action.--Notwithstanding any other provision of 
law, any action to contest the constitutionality or validity under law 
of this Act shall be barred unless the action is filed on or before the 
date which is 180 days after the date of the enactment of this Act. 
Exclusive jurisdiction over any such action is hereby vested in the 
United States District Court for the District of Kansas.
    (b) Actions by the Secretary.--When administering this Act, the 
Secretary shall be aware and mindful of the trust responsibility of the 
United States to the Wyandotte Nation and shall take such actions as 
may be necessary or appropriate to carry out this Act.
    (c) Separability of Provisions.--In the event that any provision of 
this Act is held invalid, it is the intent of Congress that the entire 
Act be invalidated.
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