I 
107TH CONGRESS 
2D SESSION 
H. R. 5561
To provide for and approve settlement of certain land claims of the Wyandotte 
Nation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2002
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Wyandotte Nation has a valid interest 
in certain lands located in the Fairfax Business Dis-
trict 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,
ing from the Lawsuit without additional cost or ex-
pense to either the United States, the State of Kan-
sas, the Unified Government of Kansas City and 
Wyandotte County, Kansas, and all other land-
owners within the Fairfax Business District of Wy-
andotte 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 the Con-
gress of the United States. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To settle the Lawsuit. 
(2) To direct the Secretary to take into trust 
for the benefit of the Wyandotte Nation the Settle-
ment Lands in settlement of the Wyandotte Nation’s 
Lawsuit and land claims asserted therein. 
SEC. 2. DEFINITIONS. 
For purposes of this Act, the following definitions 
apply: 
(1) 
KANSAS
LANDS.—The 
term 
‘‘Kansas 
Lands’’ means all of the lands described and identi-
fied as Gifted Lands and Accreted Lands in the Wy-
andotte Nation’s complaint filed in the Lawsuit, as
well as those portions of Seventh Street and Min-
nesota 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 ‘‘Settle-
ment Lands’’ means the following parcel of real 
property located in the City of Edwardsville, Wyan-
dotte County, Kansas, which the United States shall 
hold in trust for the Wyandotte Nation as part of 
the settlement of the claims of the Wyandotte Na-
tion to the Kansas Lands: Legal description as re-
cited 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 Register of 
Deeds Office. 
(5) UNIFIED GOVERNMENT.—The term ‘‘Uni-
fied Government’’ means the Unified Government of 
Kansas City and Wyandotte County, Kansas.
(6) WYANDOTTE NATION.—The term ‘‘Wyan-
dotte Nation’’ means the Wyandotte Nation, a feder-
ally recognized Indian tribe. 
SEC. 3. ACCEPTANCE OF SETTLEMENT LANDS. 
(a) TRUST STATUS.—Concurrently with the relin-
quishment by the Wyandotte Nation of any and all claims 
to the Kansas Lands and dismissal with prejudice of the 
Lawsuit, the Secretary shall take the Settlement Lands 
into trust for the benefit of the Wyandotte Nation as part 
of the settlement of the Wyandotte Nation’s land claims 
to the Kansas Lands asserted in the Lawsuit, if there are 
no adverse legal claims on the Settlement Lands, including 
outstanding liens, mortgages, or taxes owed. The Sec-
retary’s taking of the Settlement Lands into trust for the 
benefit of the Wyandotte Nation under this Act is a man-
datory trust acquisition, and the terms and provisions of 
the Act of June 18, 1934 (popularly known as the Indian 
Reorganization Act; 25 U.S.C. 461 et seq.), and the regu-
lations and standards set forth in part 151 of title 25, 
Code of Federal Regulations, shall not apply to the Sec-
retary’s taking of the Settlement Lands into trust for the 
benefit of the Wyandotte Nation under this Act. 
(b) SETTLEMENT OF LAND CLAIMS.—The Settle-
ment Lands are taken into trust as provided in this sec-
tion as part of the settlement of the Wyandotte Nation’s
land claims to the Kansas Land asserted in the Lawsuit 
within the meaning of section 20(b)(1)(B)(i) of the Indian 
Gaming Regulatory Act. 
(c) STATUS OF SETTLEMENT LAND.—Upon the Sec-
retary taking the Settlement Lands into trust for the ben-
efit of the Wyandotte Nation under this Act, the Settle-
ment Lands shall become a reservation of the Wyandotte 
Nation. 
(d) APPLICATION OF THE KANSAS ACT.—Upon the 
Secretary taking the Settlement Lands into trust for the 
benefit of the Wyandotte Nation under this Act, the Act 
of June 25, 1948 (popularly known as the Kansas Act; 
18 U.S.C. 3243), shall apply to the Settlement Lands. 
SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS. 
(a) APPROVAL AND RATIFICATION OF PRIOR TRANS-
FERS.—Any transfer, before the date of enactment of this 
Act, of land or natural resources located within the bound-
aries of the Kansas Lands from, by, or on behalf of any 
Indian, Indian nation, or tribe or band of Indians or any 
member thereof, shall be deemed to have been made in 
accordance with the Constitution and all laws of the 
United States, including, without limitation, the Trade 
and Intercourse Act of 1790, Act of July 22, 1790 (ch. 
33, sec. 4; 1 Stat. 137), and Congress hereby does approve
and ratify such transfers effective as of the date of such 
transfers. 
(b) ABORIGINAL TITLE EXTINGUISHED.—Any ab-
original title held by any Indian, Indian nation, or tribe 
or band of Indians or any member thereof to any land 
or natural resources located within the boundaries of the 
Kansas Lands, the transfer of which was approved and 
ratified by subsection (a), shall be regarded as extin-
guished as of the date of such transfer. 
(c) EXTINGUISHMENT OF CLAIMS.—The transfer of 
the Settlement Lands to the Secretary in trust for the ben-
efit of the Wyandotte Nation as part of the settlement 
of the Nation’s land claims asserted in the Lawsuit of the 
Wyandotte Nation under this Act shall be conditioned 
upon receipt by the Secretary of a duly enacted resolution 
of the elected tribal council or business committee of the 
Wyandotte Nation agreeing to the extinguishment of all 
claims (including any claims based upon aboriginal title) 
against the United States, the Unified Government, or any 
person or entity by the Wyandotte Nation in connection 
with the Kansas Lands (including, without limitation, 
claims for hunting, trapping, trespass, damages, use, or 
occupancy) as provided in this Act, and agreeing to the 
extinguishment of any claims against the United States 
based upon the enactment of this Act. The extinguishment
of these claims is in consideration for the benefits to the 
Wyandotte Nation under this Act. 
SEC. 5. COMPACT WITH THE STATE OF KANSAS. 
(a) COMPACT PROCEDURES.—If the State of Kansas 
and the Wyandotte Nation have not entered into a tribal-
State compact under section 11(d) of the Indian Gaming 
Regulatory Act within 90 days after the date of enactment 
of this Act, the Secretary shall, in consultation with the 
Wyandotte Nation and the State of Kansas, prescribe pro-
cedures for the conduct of gaming activities on the Settle-
ment Lands which are consistent with the provisions of 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) and the relevant provisions of the laws of the State 
of Kansas. 
(b) SURRENDER OF CERTAIN OTHER RIGHTS.—The 
prescription of procedures under subsection (a) shall be 
conditioned upon the Secretary’s receipt of a duly enacted 
resolution of the elected tribal council or business com-
mittee of the Wyandotte Nation agreeing that upon com-
mencement of the Wyandotte Nation’s operations on the 
Settlement Lands as contemplated under section 11(d) of 
the Indian Gaming Regulatory Act, the Wyandotte Nation 
will permanently renounce, surrender, and forgo any and 
all rights the Wyandotte Nation may have under the In-
dian Gaming Regulatory Act with respect to any Indian
lands of the Wyandotte Nation, within the scope of section 
4 of the Indian Gaming Regulatory Act, located within 
the external boundaries of Wyandotte County, Kansas, 
with the exception of the Settlement Lands. 
SEC. 6. PRACTICE AND PROCEDURE. 
(a) LIMITATION OF ACTION.—Notwithstanding any 
other provision of law, any action to contest the constitu-
tionality or validity under law of this Act shall be barred 
unless the action is filed on or before the date which is 
180 days after the date of the enactment of this Act. Ex-
clusive jurisdiction over any such action is hereby vested 
in the United States District Court for the District of 
Kansas. 
(b) ACTIONS BY THE SECRETARY.—When admin-
istering this Act, the Secretary shall be aware and mindful 
of the trust responsibility of the United States to the Wy-
andotte Nation and shall take such actions as may be nec-
essary or appropriate to carry out this Act. 
(c) SEPARABILITY
OF PROVISIONS.—In the event 
that any provision of this Act is held invalid, it is the in-
tent of Congress that the entire Act be invalidated.
Æ