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106TH CONGRESS

1ST SESSION H. R. 1533

To compensate the Wyandotte Tribe of Oklahoma for the taking of certain

rights by the Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1999

Mr. MOORE (for himself and Mr. YOUNG of Alaska) introduced the following

bill; which was referred to the Committee on Resources

A BILL

To compensate the Wyandotte Tribe of Oklahoma for the

taking of certain rights by the Federal Government, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Wyandotte Tribe Set5 tlement Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) pursuant to the Treaty of January 31, 1855

9 (10 Stat. 1159), the United States has held land in

10 trust in Wyandotte County, Kansas, for the benefit
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1 of the Wyandotte Tribe, a federally recognized In2 dian tribe, continuously since 1855;

3 (2) the United States Supreme Court, in Conley

4 v. Ballinger (216 U.S. 84 (1910)), determined that

5 under the Treaty of 1855 the only rights in and to

6 the Wyandotte trust land in Wyandotte County,

7 Kansas, were tribal rights;

8 (3) since 1855, the United States has permitted

9 a variety of permanent encroachments upon the Wy10 andotte trust land, including, without limitation, the

11 construction of nontribal buildings and a road on

12 Wyandotte trust land;

13 (4) the United States Government has, through

14 the enactment of section 125 of Public Law 105–83,

15 taken from the Wyandotte Tribe the right of exclu16 sive use and occupancy, including, without limita17 tion, the right to conduct gaming on Wyandotte

18 trust land in Wyandotte County, Kansas, and other19 wise restricted the trust land’s use;

20 (5) the Wyandotte Tribe and the Unified Gov21 ernment of Wyandotte County, Kansas, and Kansas

22 City, Kansas, have entered into a Memorandum of

23 Understanding, dated March 13, 1998 (hereinafter

24 referred to as the ‘‘Settlement Agreement’’), which

25 among other things, resolves any and all disputes
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1 arising from encroachments upon the Wyandotte

2 Tribe’s trust land; and

3 (6) the parties to the Settlement Agreement

4 have agreed, that to implement the Settlement

5 Agreement, it is in the best interests of both govern6 ments for the Wyandotte Tribe to secure additional

7 trust land within Wyandotte County, Kansas.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to acknowledge the taking by the Federal

10 Government of the valuable right held by the Wyan11 dotte Tribe to exclusive use and occupancy of Wyan12 dotte trust lands; and

13 (2) to compensate the Wyandotte Tribe for the

14 taking by the Federal Government of the Tribe’s

15 rights of exclusive use and occupancy of Wyandotte

16 trust lands by directing that the Secretary of the In17 terior shall take into trust, in settlement of any and

18 all land claims the Tribe may have arising out of the

19 Federal Government’s taking of the Tribe’s right of

20 exclusive use land occupancy of Wyandotte trust

21 land, other land located within Wyandotte County,

22 Kansas, to be acquired by the Wyandotte Tribe at

23 the Wyandotte Tribe’s own expense.
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1 SEC. 3. TRANSFER OF LAND; TAKING OF LAND INTO TRUST.

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, upon transfer of title from the Wyandotte

4 Tribe to the Secretary of the Interior of a single parcel

5 of contiguous real property located within Wyandotte

6 County, Kansas, purchased by the Wyandotte Tribe, the

7 Secretary of the Interior shall take such real property into

8 trust for gaming purposes pursuant to section

9 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act, to

10 be held for the benefit of the Wyandotte Tribe. Except

11 for those actions authorized to be taken by the Secretary

12 of the Interior pursuant to this section, nothing in this

13 Act shall exempt the Wyandotte Tribe from any require14 ments or provisions of any Federal law.

15 (b) SETTLEMENT OF CLAIMS.—The transaction and

16 taking into trust of land by the Secretary of the Interior

17 under subsection (a) shall be in settlement of any and all

18 land claims the Wyandotte Tribe may have arising out of

19 the Federal Government’s taking of that tribe’s right of

20 exclusive use of land located within Wyandotte County,

21 Kansas.

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