[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 698 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 698

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2003

    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. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION.

    (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 
        Congress.
    (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 the land 
        claims asserted therein.
    (c) 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 and more particularly 
        described 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, Kansas, 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.
    (d) Extinguishment of Land Claims.--Not later than 90 days after 
the date of the enactment of this section and as part of the settlement 
of the Lawsuit and the Wyandotte Nation's land claims asserted therein, 
the Secretary shall take and hold title to the Settlement Lands in 
trust for the benefit of the Wyandotte Nation pursuant to and within 
the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which 
the Wyandotte Nation has or could have asserted in the Lawsuit shall be 
extinguished upon--
            (1) the Secretary accepting title to the Settlement Lands 
        in trust for the Wyandotte Nation; and
            (2) publication in the Federal Register of a notice of 
        approval of tribal-State compact between the Wyandotte Nation 
        and the State of Kansas pursuant to section 11(d)(3)(B) of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).
    (e) Shriner Property.--Congress confirms that the United States 
acquired title to the Shriner's Property in trust for the benefit of 
the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust 
status of the Shriner's Property, the Wyandotte Nation shall have no 
rights to conduct gaming on the Shriner's Property upon-
            (1) the Secretary accepting title to the Settlement Lands 
        in trust for the Wyandotte Nation; and
            (2) publication in the Federal Register of a notice 
        approval of a tribal-State compact between the Wyandotte Nation 
        and the State of Kansas pursuant to section 11(d)(3)(B) of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).
                                 <all>