Session Law

Identifying Information:L. 2001 ch. 227
Other Identifying Information:2001 Senate Concurrent Resolution 1611
Tax Type:Other
Brief Description:A Concurrent Resolution expressing the Legislature's opposition to amendments to the Indian Gaming Regulatory Act which eliminate the Governor's right to concur in acquisitions of land for gaming purposes.
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CHAPTER 227

SENATE CONCURRENT RESOLUTION No. 1611


A Concurrent Resolution expressing the Legislature's opposition to amendments to

the Indian Gaming Regulatory Act which eliminate the Governor's right to concur in

acquisitions of land for gaming purposes.




WHEREAS, In 1995, the State of Kansas entered into a tribal-state

gaming compact with each of the four resident tribes of the state, namely

the Iowa Tribe of Kansas and Nebraska, the Kickapoo Tribe in Kansas,

the Prairie Band Potawatomi Nation of Kansas and the Sac and Fox Na-

tion of Missouri in Kansas and Missouri; and

WHEREAS, The four resident tribes each currently operate a tribal

gaming casino under tribal-state gaming compacts; and

WHEREAS, The Wyandotte Tribe of Oklahoma, a nonresident tribe

seeks to construct and operate a gaming casino in downtown Kansas City,

Kansas, on land which is adjacent to the Huron Cemetery; and

WHEREAS, The Wyandotte Tribe of Oklahoma claims that the Hu-

ron Cemetery is a reservation; and

WHEREAS, The Governor of the State of Kansas and the four resi-

dent tribes have expressed opposition to the establishment of casino gam-

ing by nonresident tribes; and

WHEREAS, Litigation has been filed to stop the construction and

operation of a casino by the Wyandotte Tribe of Oklahoma; and

WHEREAS, The four resident tribes have participated actively in such

litigation with the State of Kansas against the Wyandotte Tribe of

Oklahoma; and

WHEREAS, The Tenth Circuit Court of Appeals rendered a decision

on February 27, 2001, finding that the Huron Cemetery is not a reser-

vation and requested a review by the Department of Interior on the trust

status of land purchased by the Wyandotte Tribe of Oklahoma; and

WHEREAS, House Resolution No. 291, introduced in the United

States House of Representatives on January 30, 2001, could lead to gam-

ing without the Governor's prior approval on land to be purchased by the

Wyandotte Tribe of Oklahoma; and

WHEREAS, The amendment proposed in House Resolution No. 291

would eliminate the right of the Governor of the State of Kansas under

the Indian Gaming Regulatory Act to concur in acquisition of land for

gaming purposes within the State of Kansas; and

WHEREAS, The Governor of the State of Kansas recently wrote to

the Kansas Republican Congressional Delegation expressing his opposi-

tion to the legislation; and

WHEREAS, The four resident tribes are in support of the Governor's

position and wholly oppose the proposed amendment in House Resolu-

tion No. 291: Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Rep-

resentatives concurring therein: That the Legislature of the State of

Kansas joins with the Governor of the State of Kansas in expressing its

opposition to House Resolution No. 291 or any similar legislation which

would nullify the legal rights of the State of Kansas preserved by the

Indian Gaming Regulatory Act and the interpretation of such act by the

decision of the Tenth Circuit Court of Appeals; and

Be it further resolved: That the Secretary of State be directed to pro-

vide an enrolled copy of this resolution to the Honorable: Secretary of

State Colin L. Powell; President pro tempore of the United States Senate,

Senator Strom Thurmond; Speaker of the United States House of Rep-

resentatives, Representative J. Dennis Hastert; Chairperson of the Senate

Committee on Indian Affairs, Senator Ben Nighthorse Campbell; Chair-

person of the House Committee on Resources, Representative James V.

Hansen; and to each member of the Kansas Congressional Delegation,

Senator Sam Brownback, Senator Pat Roberts, Representative Todd

Tiahrt, Representative Jerry Moran, Representative Jim Ryun and Rep-

resentative Dennis Moore.

Adopted by the House April 6, 1999.

Adopted by the Senate

April 6, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001