[Congressional Record (Bound Edition), Volume 148 (2002), Part 17]
[Extensions of Remarks]
[Pages 22799-22800]
[From the U.S. Government Publishing Office, www.gpo.gov]


  SUPPORT OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, 
       KANSAS AND THE CITY OF EDWARDSVILLE, KANSAS, FOR H.R. 5561

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                      Thursday, November 14, 2002

  Mr. MOORE. Mr. Speaker, I recently received from Carol Marinovich, 
the mayor/CEO of the Unified Government of Wyandotte County/Kansas 
City, Kansas, a letter in which she expresses the strong support of 
their governing body for H.R. 5561, legislation I have introduced that 
would settle pending land claims of the Wyandotte Nation in Wyandotte 
County, Kansas. Additionally, I received today correspondence from 
Edwardsville, Kansas, Mayor Luther Pickell strongly supporting H.R. 
5561. I hope all Members of the House and the Senate will review the 
correspondence from Mayor Marinovich and Mayor Pickell, along with the 
resolutions unanimously adopted by the Unified Government's governing 
council and the city of Edwardsville in support of this measure, and 
join with me in endorsing this proposal.

           Unified Government of Wyandotte County/Kansas City, KS,


                                  Carol Marinovich, Mayor/CEO,

                                                November 14, 2002.
     Hon. Dennis Moore,
     U.S. House of Representatives, Washington, DC.
       Dear Congressman Moore: On November 5, 2002, the governing 
     body of the Unified Government of Wyandotte County/Kansas 
     City, Kansas (``Unified Government'') unanimously approved 
     Resolution No. R-95-02 fully and completely endorsing 
     Congressional approval of H.R. 5561 or similar legislation, 
     permanently settling and releasing all rights and land claims 
     asserted by the Wyandotte Nation (``Nation'') to 
     approximately 1900 acres of real estate within our county. 
     The terms of the Resolution, here attached, are the clearest 
     expression of the governing body's collective endorsement in 
     support of this legislation. The Unified Government 
     respectfully requests your affirmative action in expediting 
     this important legislation.
       During the last ten years, the Nation and the Unified 
     Government have struggled together to create an opportunity 
     that mutually benefits the citizens of both our communities. 
     Despite our best efforts in the Kansas Legislature and with 
     the Kansas Governor, our actions to date have proven 
     fruitless. Federal intervention remains the best and only 
     viable solution to our problem.
       The lawsuit, Wyandotte Nation v. Unified Government of 
     Kansas City and Wyandotte County. Kansas, Case No. 012303-CM 
     (U.S.D.C., Kan.), now pending before the United States 
     District Court for the District of Kansas asserts a claim to 
     1900 acres of land in the Northeast area of our County. This 
     realty includes the Fairfax Industrial area, with major 
     industries such as General Motors, Owens-Corning and 
     International Paper Corporation, as well as numerous other 
     industries, large and small. Equally important and perhaps 
     more compelling, the lawsuit's boundaries include many 
     individual homeowners who have expressed fear at the prospect 
     of losing their homes. The titles to all these properties are 
     encumbered by this lawsuit. The cloud on their ownership 
     affects the ability to purchase and sell, refinance, borrow 
     and enjoy the security found in owning their home free and 
     clear of any encumbrances.
       The role of the Federal government in this matter is worthy 
     of note. the land claim stems from an alleged failure of the 
     Federal Government in the Treaty of 1855 with the Nation to 
     properly require the sale or ceding of all rights in the now 
     disputed 1900 acres. The merits of the claim are before the 
     Court, and the course of litigation, at a minimum, will be 
     tortuous, lengthy and very expensive before the final chapter 
     is written. The United States was a party to this case at its 
     inception. However, a motion to dismiss asserting an immunity 
     defense was quickly filed and granted, removing the Federal 
     Government from the case. The individual homeowners, small 
     business and industrial businesses were left to absorb the 
     costs of litigation and endure the fear and uncertainty that 
     remains. Except for the legislation introduced by Congressman 
     Dennis Moore, no other representative of the people of 
     Wyandotte County has taken steps to alleviate this burden. 
     The United States government simply fled from this problem by 
     the most expedient means.
       The people of Wyandotte County overwhelmingly support the 
     concept of Class III gaming in our community. In a referendum 
     held several years ago on the question of whether casino-
     style gaming should be conducted on the grounds of a local 
     pari-mutuel racing facility, 80% of the voters approved. The 
     reasons for this are as varied as the individuals within our 
     community, but would include generally economic development 
     and entertainment. This vote, by the way, occurred several 
     years before the litigation was filed and was not a factor in 
     anyone's thinking.
       The Nation and Unified Government have, through the years, 
     held each other in high regard and esteem. This relationship 
     has, however, no doubt been strained by the litigation. 
     Criticism that has found its way into the media neither 
     reflects the entire story nor all that has been said. The 
     Unified Government has consistently voiced criticism of the 
     litigation as a means to resolve the underlying issues. 
     Nevertheless, our community and our governing body has just 
     as consistently supported Class III gaming in our county. We 
     have sought the assistance of our Governor and the Kansas 
     Legislature, which have turned away from us on this issue. 
     Congressional intervention remains the best solution to this 
     complicated problem.
       Our county takes its name from the Nation. The long 
     standing historical connection between us lies no farther 
     than the Huron Cemetery across the street from our three 
     principal government buildings. Their ancestors and ours lay 
     buried together. Many of our current residents claim a common 
     lineage from tribal members that resided here before 1855. 
     Notwithstanding the litigation, resolution of this matter 
     will allow the parties to work cooperatively to see this 
     project to conclusion.
       For the reasons stated above, I, as Mayor/CEO of the 
     Unified Government, respectfully urge Congress to approve 
     H.R. 5561 or similar legislation to resolve the current 
     litigation.
           Sincerely
                                                 Carol Marinovich,
                                                        Mayor/CEO.


[[Page 22800]]


                                  ____
                                  

                                             City of Edwardsville,


                                             Edwardsville, KS,

                                                November 14, 2002.
     Hon. Dennis Moore,
     U.S. House of Representatives,
     Washington, DC.
       Dear Congressman Moore: Congratulations on your successful 
     re-election to the third District of Kansas. As you know 
     during the last ten years the Wyandotte Nation has struggled 
     to successfully defend their rights to land which was wrongly 
     taken from them over a century ago by the United States 
     Government. We are aware of the generous support that you 
     have marshaled in Congress and applaud your efforts on behalf 
     of our citizens, businesses and local units of government.
       As elected leaders from Wyandotte County, the Edwardsville 
     City Council unanimously endorsed the proposed Congressional 
     Act to permanently settle this matter and avoid a certain 
     litigation strategy which will be both costly to taxpayers 
     and the Wyandotte Nation. The clouded land title will prevent 
     existing corporations and businesses from expanding in the 
     Fairfax Industrial District costing The State of Kansas and 
     Local Units of government millions in revenue. The litigation 
     has already prevented one major corporation from expanding in 
     the Fairfax District and forced the relocation of over 350 
     employees. We cannot sustain economic growth in this area 
     without the settlement of the land claim.
       Your legislation provides for a federal legislative 
     solution that protects over $2 billion in taxable real estate 
     investment, saves over 4000 high salaried jobs for the State 
     of Kansas and finally settles a century old land claim which 
     badly needs to be ended. We wish you luck in the closing days 
     of Congress and will assist you by any means necessary to 
     gain passage of this important act.
       Please notify us if we may be of assistance in explaining 
     this to any other member of the United State Congress.
           Sincerely,
                                            Luther Pickell, Mayor.

     

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