[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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