To provide for and approve settlement of certain land claims of the Wyandotte Nation, and for other purposes.

February 11, 2003

Mr. MOORE (for himself and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Resources

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION.

(a) FINDINGS- Congress finds the following:

(1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District 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, which agreement was ratified by the Senate on July 25, 1848.

(2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855.

(3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855.

(4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District.

(5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte 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 Congress.

(b) PURPOSES- The purposes of this Act are as follows: --

(1) To settle the Lawsuit.

(2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and the land claims asserted therein.

(c) DEFINITIONS- For purposes of this Act, the following definitions apply: --

(1) KANSAS LANDS- The term `Kansas Lands' means all of the lands described and identified as `Gifted Lands' and `Accreted Lands' in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota 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 `Settlement Lands' means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas and more particularly described 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, Kansas, Register of Deeds Office.

(5) UNIFIED GOVERNMENT- The term `Unified Government' means the Unified Government of Kansas City and Wyandotte County, Kansas.

(6) WYANDOTTE NATION- The term `Wyandotte Nation' means the Wyandotte Nation, a federally-recognized Indian tribe.

(d) EXTINGUISHMENT OF LAND CLAIMS- Not later than 90 days after the date of the enactment of this section and as part of the settlement of the Lawsuit and the Wyandotte Nation's land claims asserted therein, the Secretary shall take and hold title to the Settlement Lands in trust for the benefit of the Wyandotte Nation pursuant to and within the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which the Wyandotte Nation has or could have asserted in the Lawsuit shall be extinguished upon--

(1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and

(2) publication in the Federal Register of a notice of approval of tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).

(e) SHRINER PROPERTY- Congress confirms that the United States acquired title to the Shriner's Property in trust for the benefit of the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust status of the Shriner's Property, the Wyandotte Nation shall have no rights to conduct gaming on the Shriner's Property upon-

(1) the Secretary accepting title to the Settlement Lands in trust for the Wyandotte Nation; and

(2) publication in the Federal Register of a notice approval of a tribal-State compact between the Wyandotte Nation and the State of Kansas pursuant to section 11(d)(3)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).

END