I
105TH CONGRESS
2D SESSION
H. R. 3797
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
MAY 5, 1998
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wyandotte Tribe Set-
tlement Act of 1998’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) pursuant to the Treaty of January 31, 1855
(10 Stat. 1159), the United States has held land in
trust in Wyandotte County, Kansas, for the benefit
of the Wyandotte Tribe, a federally recognized In-
dian tribe, continuously since 1855;
(2) the United States Supreme Court, in Conley
v. Ballinger (216 U.S. 84 (1910)), determined that
under the Treaty of 1855 the only rights in and to
the Wyandotte trust land in Wyandotte County,
Kansas, were tribal rights;
(3) since 1855, the United States has permitted
a variety of permanent encroachments upon the Wy-
andotte trust land, including, without limitation, the
construction of nontribal buildings and a road on
Wyandotte trust land;
(4) the United States Government has, through
the enactment section 125 of Public Law 105–83,
taken from the Wyandotte Tribe the right of exclu-
sive use and occupancy, including, without limita-
tion, the right to conduct gaming on Wyandotte
trust land in Wyandotte County, Kansas, and other-
wise restricted the trust land’s use;
(5) the Wyandotte Tribe and the Unified Gov-
ernment of Wyandotte County, Kansas, and Kansas
City, Kansas, have entered into a Memorandum of
Understanding, dated March 13, 1998 (hereinafter
referred to as the ‘‘Settlement Agreement’’), which
among other things, resolves any and all disputes
arising from encroachments upon the Wyandotte
Tribe’s trust land; and
(6) the parties to the Settlement Agreement
have agreed, that to implement the Settlement
Agreement, it is in the best interests of both govern-
ments for the Wyandotte Tribe to secure additional
trust land within Wyandotte County, Kansas.
(b) PURPOSES.—The purposes of this Act are—
(1) to acknowledge the taking by the Federal
Government of the valuable right held by the Wyan-
dotte Tribe to exclusive use and occupancy of Wyan-
dotte trust lands; and
(2) to compensate the Wyandotte Tribe for the
taking by the Federal Government of the Tribe’s
rights of exclusive use and occupancy of Wyandotte
trust lands by directing that the Secretary of the In-
terior shall take into trust, in settlement of any and
all land claims the Tribe may have arising out of the
Federal Government’s taking of the Tribe’s right of
exclusive use land occupancy of Wyandotte trust
land, other land located within Wyandotte County,
Kansas, to be acquired by the Wyandotte Tribe at
the Wyandotte Tribe’s own expense.
SEC. 3. TRANSFER OF LAND; TAKING OF LAND INTO TRUST.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, upon transfer of title from the Wyandotte
Tribe to the Secretary of the Interior of a single parcel
of contiguous real property located within Wyandotte
County, Kansas, purchased by the Wyandotte Tribe, the
Secretary of the Interior shall take such real property into
trust 
for 
gaming 
purposes 
pursuant 
to 
section
20(b)(1)(B)(i) of the Indian Gaming Regulatory Act, to
be held for the benefit of the Wyandotte Tribe. Except
for those actions authorized to be taken by the Secretary
of the Interior pursuant to this section, nothing in this
Act shall exempt the Wyandotte Tribe from any require-
ments or provisions of any Federal law.
(b) SETTLEMENT OF CLAIMS.—The transaction and
taking into trust of land by the Secretary under subsection
(a) shall be in settlement of any and all land claims the
Wyandotte Tribe may have arising out of the Federal Gov-
ernment’s taking of that tribe’s right of exclusive use land
located within Wyandotte County, Kansas.
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