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, 2002.
Adopted by the Senate
April 6, 2002.
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