SECTION
1.
RATIFICATION
OF
TRANSFER;
EXTINGUISH-
MENT OF TITLE AND CLAIMS.
(a) APPROVAL AND RATIFICATION OF PRIOR TRANS-
FER.—Any transfer of land or natural resources located
anywhere within what is now the boundaries of the State
of New Jersey, from, by, or on behalf of the Delaware
Nation of Indians or any of its members, which occurred
prior to 1833, including any transfer pursuant to any
treaty, compact, deed, Act, or statute of the State of New
Jersey, shall be deemed to have been made in accordance
with the Constitution and all laws of the United States
that are specifically applicable to transfer of land or nat-
ural resources from, by, or on behalf of any Indian, Indian
nation, or tribe or band of Indians (including, but without
limitation, the Trade and Intercourse Act of 1790 (ch. 33,
sec. 4 Stat. 137, 138)) and all amendments thereto and
all subsequent reenactments and versions thereof, and
Congress does approve and ratify such transfer effective
as of the date of the transfer.
(b) ABORIGINAL TITLE EXTINGUISHED AS OF DATE
OF TRANSFER.—To the extent that any transfer of land
or natural resources described in subsection (a) involves
land or natural resources to which the Delaware Nation
of Indians or any of its members, or any other Indian,
Indian nation, or tribe or band of Indians had aboriginal
title, subsection (a) shall be regarded as an extinguish-
ment of such aboriginal title as of the date of such trans-
fer.
(c) CLAIMS EXTINGUISHED AS OF DATE OF TRANS-
FER.—By virtue of the approval and ratification of a
transfer of land or natural resources under subsection (a)
or the extinguishment of aboriginal title under subsection
(b), all claims against the United States, the State of New
Jersey or subdivision thereof, or any other person or enti-
ty, by the Delaware Nation of Indians or any of their
members or any predecessors or successors in interest
thereof, arising at the time of or subsequent to the trans-
fer and based on any interest in or right involving such
land or natural resources, including but without limita-
tions, claims for trespass damages or claims for use and
occupancy, shall be deemed extinguished as of the date
of transfer.
SECTION 1. RATIFICATION OF TRANSFERS; EXTINGUISH-
MENT OF TITLE AND CLAIMS.
(a) APPROVAL AND RATIFICATION OF PRIOR TRANS-
FERS.—Any transfer of land or natural resources located
within what is now the boundaries of the State of New Jer-
sey or any transfer of hunting or fishing rights related
thereto, from, by, or on behalf of the Delaware Nation of
Indians, which occurred prior to 1833, including any
transfer pursuant to any treaty, compact, deed, Act, or stat-
ute of the State of New Jersey, shall be deemed to have been
made in accordance with the Constitution and all laws of
the United States that are specifically applicable to trans-
fers of land or natural resources from, by, or on behalf of
any tribe, nation, pueblo, or band of Indians, or any mem-
ber thereof (including without limitation, the Trade and
Intercourse Act of 1790 (ch. 33, sec. 4; 1 Stat. 137, 138)),
and Congress does approve and ratify any such transfer
effective as of the date of the transfer.
(b) ABORIGINAL TITLE EXTINGUISHED.—To the extent
that any transfer described in subsection (a) involves land,
natural resources, or hunting or fishing rights to which the
Delaware Nation of Indians had aboriginal title, subsection
(a) shall be regarded as an extinguishment of such aborigi-
nal title.
(c) CLAIMS EXTINGUISHED.—All claims against the
United States, the State of New Jersey or subdivision there-
of, or any other person or entity, by the Delaware Nation
of Indians arising before December 31, 1832, and based on
any interest in or right to land or natural resources within
the boundaries of the State of New Jersey, (including with-
out limitation, claims for trespass damages, claims for use
and occupancy, or claims involving hunting or fishing
rights) shall be deemed to have been extinguished as of De-
cember 31, 1832.
(d) DEFINITION.—For the purposes of this section, the
term ‘‘Delaware Nation of Indians’’ means the Delaware
Nation of Indians, the Delaware Tribe of Indians, the Dela-
ware Tribe of Western Oklahoma, any member of those
tribes, and any descendant, predecessor, or successor in in-
terest of those tribes and any member thereof.
Union Calendar No. 121
106TH CONGRESS
1ST SESSION
H. R. 562
[Report No. 106–207]
A BILL
To approve and ratify certain transfers of land and
natural resources by or on behalf of the Delaware
Nation of Indians, and for other purposes.
JUNE 29, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed