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Union Calendar No. 244

106TH CONGRESS

1ST SESSION H. R. 1533

[Report No. 106–421]

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

OCTOBER 28, 1999

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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’’.
2

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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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

4 (10 Stat. 1159), the United States has held land in

5 trust in Wyandotte County, Kansas, for the benefit

6 of the Wyandotte Tribe, a federally recognized In7 dian tribe, continuously since 1855;

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

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

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

11 the Wyandotte trust land in Wyandotte County,

12 Kansas, were tribal rights;

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

14 a variety of permanent encroachments upon the Wy15 andotte trust land, including, without limitation, the

16 construction of nontribal buildings and a road on

17 Wyandotte trust land;

18 (4) the United States Government has, through

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

20 taken from the Wyandotte Tribe the right of exclu21 sive use and occupancy, including, without limita22 tion, the right to conduct gaming on Wyandotte

23 trust land in Wyandotte County, Kansas, and other24 wise restricted the trust land’s use;

25 (5) the Wyandotte Tribe and the Unified Gov26 ernment of Wyandotte County, Kansas, and Kansas
3

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1 City, Kansas, have entered into a Memorandum of

2 Understanding, dated March 13, 1998 (hereinafter

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

4 among other things, resolves any and all disputes

5 arising from encroachments upon the Wyandotte

6 Tribe’s trust land; and

7 (6) the parties to the Settlement Agreement

8 have agreed, that to implement the Settlement

9 Agreement, it is in the best interests of both govern10 ments for the Wyandotte Tribe to secure additional

11 trust land within Wyandotte County, Kansas.

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

13 (1) to acknowledge the taking by the Federal

14 Government of the valuable right held by the Wyan15 dotte Tribe to exclusive use and occupancy of Wyan16 dotte trust lands; and

17 (2) to compensate the Wyandotte Tribe for the

18 taking by the Federal Government of the Tribe’s

19 rights of exclusive use and occupancy of Wyandotte

20 trust lands by directing that the Secretary of the In21 terior shall take into trust, in settlement of any and

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

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

24 exclusive use land occupancy of Wyandotte trust

25 land, other land located within Wyandotte County,
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1 Kansas, to be acquired by the Wyandotte Tribe at

2 the Wyandotte Tribe’s own expense.

3 SEC. 3. TRANSFER OF LAND; TAKING OF LAND INTO TRUST.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, upon transfer of title from the Wyandotte

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

7 of contiguous real property located within Wyandotte

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

9 Secretary of the Interior shall take such real property into

10 trust for gaming purposes pursuant to section

11 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act, to

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

13 for those actions authorized to be taken by the Secretary

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

15 Act shall exempt the Wyandotte Tribe from any require16 ments or provisions of any Federal law.

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

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

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

20 land claims the Wyandotte Tribe may have arising out of

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

22 exclusive use of land located within Wyandotte County,

23 Kansas.

Union Calendar No. 244

106TH CONGRESS

1ST SESSION H. R. 1533

[Report No. 106–421]

A BILL

To compensate the Wyandotte Tribe of Oklahoma

for the taking of certain rights by the FederalGovernment, and for other purposes.

OCTOBER 28, 1999

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed